HomeMy WebLinkAboutR22810 - Harris & Assoc - New Visitor Information Center PALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: AUTHORIZE AWARD OF CONTRACT NO. R-22810 TO HARRIS &
ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES FOR
THE NEW VISITOR INFORMATION CENTER
SUBMITTED BY: LAURI AYLAIAN, DEVELOPMENT MANAGER
CONTRACTOR: HARRIS &ASSOCIATES
74-333 HIGHWAY 111, SUITE 101
PALM DESERT, CA 92260
DATE: MAY 27, 2004
CONTENTS: CONTRACT NO. R- 22810
Recommendation:
By Minute Motion, that the Agency Board:
1. Authorize award of professional services Contract No. R-22810 to Harris
& Associates for professional services in an amount not-to-exceed
$98,280.00, plus reimbursable expenses not-to-exceed $2,000.00 for
construction management services at the new Palm Desert Visitor
Information Center;
2. Authorize the Director of Finance to set aside an additional amount of
$9,828.00 as 10% contingency (use of contingency requires additional
action); and
3. Authorize Chairman to execute said contract.
Funds are available in Account No. 850-4358-433-4001.
Executive Summary:
By approval of the staff recommendation, the Agency Board will authorize the professional
services necessary to manage the construction of the new Visitor Information Center (VIC).
Rejection of the staff recommendation would reduce construction oversight controls and could
increase Agency exposure to construction-related claims.
Discussion:
A new 8,200 square foot Visitor Information Center has been designed for construction at the
Entrada del Paseo development. Construction is anticipated to begin later in the year after plan
G:\RDA\Maria Hunt1WPDATAIAYLAIANISTFRPTS1052704VICconstmgmtcontract.wpd
Staff Report
Award of Contract R-22810 to Harris &Associates for construction management
services for new VIC
Page 2
May 27, 2004
check, permitting, and bidding activities have been completed. Staff proposes the use of a
professional construction management firm to serve as Owner's Representative and to minimize
the Agency's potential exposure to claims related to the construction project.
In order to select a CM firm, staff issued a Request for Statements of Qualifications to five firms.
The firms were ranked on the basis of: qualifications of key personnel; experience with similar
projects; hourly rates for professional services; and depth of firm resources. The two top-ranked
firms were interviewed by a panel with representatives from Redevelopment, Building&Safety,and
the Public Works Department. Harris &Associates was selected on the basis of their extensive
experience providing CM services for cities and redevelopment agencies during the construction
of public facilities.
The recommended professional services agreement was negotiated with Harris & Associates
based upon provision of: a constructability review; recommendations for bidding and award of the
construction contract; inspection of the building during construction; administration of the
construction contract; negotiation of change orders and recommendations regarding pay
applications; conducting progress meetings and preparing minutes of those meetings; preparing
and maintaining logs of RFIs,changes,submittals,and similar documents;reviewing and approving
schedules, and performing other associated tasks.
The attached agreement is for construction management services for the VIC only. If the Agency
so chooses, similar services can be added at a future date for the Multi-Use Building and/or the
landscaping contracts.
Submitted by: Department Head:
Lauri Aylaian David Yri o
Development Manager Director edevelopment
mh
Approval:
;#4• in cCarthy, ACMpment aul S. Gibson, Director of Finance
Carlos L. Orte , Executive Director
G:IRDA\Maria Hunt\WPDATA\AYLAIAN\STFRPTS\052704VICconstmgmtcontract.wpd
CONTRACT NO. R22810
AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of May , 2004, by
and between THE CITY OF PALM DESERT REDEVELOPMENT AGENCY hereinafter
referred to as "REDEVELOPMENT AGENCY" and HARRIS & ASSOCIATES,
hereinafter referred to as "CONSTRUCTION MANAGER".
WITNESSETH:
WHEREAS, CONSTRUCTION MANAGER 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 CONSTRUCTION
MANAGER to render certain technical and professional services as set forth in Exhibit
"A" (Scope of Services) in connection with the design, bidding, and construction of a
new 8,200 SF Visitor Information Center for the City of Palm Desert.
NOW, THEREFORE, the parties hereto agree as follows:
(1) REDEVELOPMENT AGENCY hereby agrees to engage
CONSTRUCTION MANAGER to perform the technical and/or professional services as
hereinafter set forth.
(2) CONSTRUCTION MANAGER 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. R22810
(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 CONSTRUCTION
MANAGER without charge by REDEVELOPMENT AGENCY and REDEVELOPMENT
AGENCY shall cooperate in every way reasonable in the carrying out of the work
without delay.
(4) CONSTRUCTION MANAGER 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
CONSTRUCTION MANAGER 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 Development
Manager has not authorized CONSTRUCTION MANAGER to proceed.
(7) The CONSTRUCTION MANAGER shall work closely with the
REDEVELOPMENT AGENCY's Development Manager, who shall be the principal
officer of the REDEVELOPMENT AGENCY. The CONSTRUCTION MANAGER shall
review and receive the Executive Director approval of the details of work as it
progresses. The Principal hereby designated by the CONSTRUCTION MANAGER as
its representative for supervision of the work required by this Agreement is
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CONTRACT NO.R22810
(8) The CONSTRUCTION MANAGER 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
CONSTRUCTION MANAGER's services, in the sole judgment of REDEVELOPMENT
AGENCY, are unsatisfactory or because of the CONSTRUCTION MANAGER'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 CONSTRUCTION MANAGER shall be paid
the reasonable value of the services rendered, based upon CONSTRUCTION
MANAGER's standard hourly rates, up to the time of the termination. The
CONSTRUCTION MANAGER shall keep adequate records to substantiate costs and
provide copies of original time-cards in the event of termination or suspension.
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CONTRACT NO.R22810
(10) All documents including drawings, logs, schedules, estimates,
reports, investigations and computations shall be delivered to and become the property
of the REDEVELOPMENT AGENCY.
(11) The CONSTRUCTION MANAGER 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 CONSTRUCTION MANAGER shall be made except by supplemental authority in
writing between REDEVELOPMENT AGENCY and the CONSTRUCTION MANAGER.
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
CONSTRUCTION MANAGER, if any.
(13) In connection with the execution of this Agreement, the
CONSTRUCTION MANAGER shall not discriminate against any employee or applicant
for employment because of race, religion, color, sex or national origin. The
CONSTRUCTION MANAGER 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 CONSTRUCTION
MANAGER.
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CONTRACT NO R22810
(14) The REDEVELOPMENT AGENCY agrees to pay the
CONSTRUCTION MANAGER for the work required by this Agreement on the following
basis:
CONSTRUCTION MANAGER shall submit invoices monthly for services
performed in the previous month not to exceed the total contract amount of: $ 98,280.00
plus $2,000.00 in reimbursable expenses (ninety-eight thousand two hundred
eighty dollars plus two thousand dollars in reimbursable expenses).
REDEVELOPMENT AGENCY agrees to pay all undisputed invoices within thirty (30)
days of receipt of invoice. REDEVELOPMENT AGENCY agrees to notify
CONSTRUCTION MANAGER of disputed invoices within fifteen (15) days of receipt of
said invoice.
(15) The CONSTRUCTION MANAGER agrees to complete and submit
the Constructability Review and other deliverable products 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 CONSTRUCTION MANAGER without
written consent of the REDEVELOPMENT AGENCY.
(18) The CONSTRUCTION MANAGER shall be an independent
contractor, not an employee of the REDEVELOPMENT AGENCY.
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CONTRACT NO. R22810
(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 CONSTRUCTION MANAGER 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
CONSTRUCTION MANAGER further covenants that in the performance of this work no
person having any such interest shall be employed by the CONSTRUCTION
MANAGER.
(20) The CONSTRUCTION MANAGER 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 CONSTRUCTION
MANAGER, its agents or employees, while engaged in the performance of this
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•
CONTRACT NO.R22810
Agreement. The CONSTRUCTION MANAGER shall submit to REDEVELOPMENT
AGENCY, prior to the Notice to Proceed is issued, certification of adequate coverage
for professional liability 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" Scope of Services, and any written modifications
thereto);
(c) Exhibit "B" (CONSTRUCTION MANAGER'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 HARRIS & ASSOCIATES
AGENCY BOARD
Robert A. Spiegel, Chair
DATE: DATE:
ATTEST:
RACHELLE KLASSEN, AGENCY SECRETARY
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
CARLOS ORTEGA DAVID J. ERWIN
EXECUTIVE DIRECTOR CITY ATTORNEY
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CONTRACT NO.R22810
EXHIBIT "A"
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
BACKGROUND / PROJECT DESCRIPTION
Palm Desert is a resort community in the Coachella Valley that attracts large numbers
of visitors annually. As such, the Visitor Information Center is a particularly important
building for the City, since it serves to welcome and introduce visitors to the amenities
that are offered in the City. The Redevelopment Agency has been working with various
committees for more than five years to site and design a new Visitor Information Center
that will be a showcase facility situated at a highly visible location. The result of this
planning and design is an 8,200 square foot building with a small theater, meeting
rooms, retail area, and alcoves that will spotlight information on local attractions,
accommodations, restaurants and businesses. The new building will be situated in a
lush botanical garden dedicated to Eric Johnson, who was a pioneer in landscaping with
drought resistant materials in the southwestern United States.
The Visitor Information Center was designed by Interactive Design Corporation of Palm
Springs, California. It will be the first Leadership in Energy and Environmental Design
(LEED) certified building in the Coachella Valley. It will showcase materials and design
elements that are intended to introduce visitors and residents alike to concepts in
sustainability that they can employ at their own homes and businesses.
The new building will be constructed on a pad that was built as part of the civil
improvements and landscaping work done to date on a twelve acre site bounded by
Highway 111, West El Paseo, Painter's Path, and Palm Valley Storm Channel. There is
also a very high-end French restaurant on the site that will be open for business during
almost all of the construction period. Protecting the civil improvements and landscaping
around the building pad and minimizing any potential disruptions to the restaurant
operation will be of great concern during construction.
SCOPE OF SERVICES
The consulting construction management firm shall provide the following services for
the Visitor Information Center project:
1. Performance of a biddability and constructability review of the drawings and
specifications, not to exceed a forty-hour work effort.
2. Management oversight services for the final development of the Visitor
Information Center construction documents at an eight hours per month effort
based upon two meetings per month.
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CONTRACT NO.R22810
3. Assistance with marketing the bid documents to contractors well suited for the
project.
4. Preparation and issuance of addenda for the construction bid package (technical
answers to questions will be provided by the architect).
5. Attendance at the bid opening and making recommendations for the award of the
construction contract and appropriate additive or deductive alternates, if any.
6. Scheduling and conducting of the pre-construction conference and issuance of
meeting minutes after the conference.
7. Attendance at and conduction of progress meetings and special meetings as
required during the construction phase of project. The CM shall provide written
meeting minutes to the Agency's Development Manager for review within three
business days of the date of the meeting. After approval by the Development
Manager, the CM will be responsible for distribution of the minutes.
8. Identification of potential change order issues, recommendations on entitlement,
and negotiation of change order proposals submitted by the contractor during
construction.
9. Review and recommendation on each pay application submitted by the
contractor.
10.Periodic review of the as-built documents as they are in progress.
11.Daily field visits and site inspections as are appropriate for the stage of
construction and to keep the Agency fully advised as to the status of
construction.
12.Coordination with the testing and inspection lab, the architect, the building
commissioning agent, and the City of Palm Desert's Building and Safety
inspectors to make sure that necessary consultants are available on site at
appropriate times so as to conduct their technical investigations or observation
without impeding the progress of the contractor.
13.Conducting the final inspection and subsequent follow-up inspections to
determine that the contractor's work is complete to the satisfaction of the
Redevelopment Agency. (The architect and her sub-consultants shall participate
in the technical input for the punch list; but the CM shall produce and distribute
the punch list and monitor the completion of items thereon.)
14.Reviewing and responding to correspondence prepared by the construction
contractor.
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CONTRACT NO. R22810
15.Monitoring and logging the RFIs, submittals, and field orders to ensure they are
reviewed and acted upon by the appropriate party within the time period required
by the contract documents.
16.Performance of other duties as requested by the Redevelopment Agency.
TENTATIVE SCHEDULE
Activity Milestone Date
Agency Board consideration /approval of CM contract 5/27/04
Bid period for Visitor Information Center building 8/15 —9/30/04
Award of construction contract 10/15/04
Construction of Visitor Information Center 11/1/04— 7/31/05
Move in period and building commissioning 8/1/05—8/15/05
Grand opening 8/15/05
Page 10
• CM Svcs Agmt-Harris&Assoc.doc-sd
CONTRACT NO. R22810
EXHIBIT "B"
CONSTRUCTION MANAGER'S FEE PROPOSAL
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CM Svcs Agmt-Harris&Assoc.doc-sd
Harris & Associates
Letter#02 Program Managers
Construction Managers
May 14, 2004 Civil Engineers
Attn: Lauri Aylaian
City of Palm Desert Redevelopment Agency
Development Manager
City of Palm Desert
73-510 Fred Waring Drive
�Y
Palm Desert, CA. 92260-2578
13 2004
RE: Visitors Information Center Project 6� y, IVCY
Case No. PP.01-16
.
Subject: Construction Management Services - Revised
H&A/PDRDA 11:30 am Meeting of 05MAY04
Ms. Alyaian,
I have revised Harris & Associates cost proposal in accordance with our discussions and
mutual understanding of each other's concerns and expectations on the above referenced
meeting date.
Visitor Center Pre-Construction Services:
Pre-Construction services for completion of the contract documents and B/C review are
acceptable, as submitted.
Visitor Center Construction Management/Inspection Services:
The below revised scope of CM/Inspection services is my best attempt to balance your
concerns of staffing leanness/economics and my concerns on adequate staff coverage for
the project. With this paramount in my mind, I offer the following for your
consideration:
1. Construction Manager/Inspector at (15) hour per week effort.
2. Administration at (5) hour per week effort.
I am proposing that Tom Marnocha be solely assigned to this project to handle the
capacities of both CM and Ispection services for this project. Our services and revised
cost proposal includes me supporting Tom for project management and administration
needs. Attached you will find a project budget cost spreadsheet that corresponds to the
above described scope and effort.
File: H&A.PDRDA.VIC.Ltr.002
34 Executive Park, Suite 150 Irvine, California 92614-4705 949.655.3900 FAX 949.655.3995 irvine@harris-assoc.com
The following expectations and scope criteria were presented during our discussions as
follows:
• The cost proposal is based on the City acquisition and award to a quality public
works general contractor.
• The cost proposal is based on an adequate design of the projects and minimal
design errors or omissions.
• Cost proposal does not include the multi-phase Landscape project for the 12-acre
Entrada El Paseo property, including landscaping of the Visitors Information
Center.
• Cost proposal does not include a future 5000SF Multi-Purpose building by
separate designer.
I am confident this approach meets both our mutual concerns and conditions for a
successful project. 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
Cc: D.Seevers; Vice-President
File: H&A.PDRDA.VIC.Ltr.002
Harris&Associates
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- ' PALM DESERT REDEVELOPMENT AGENCY
rill i•
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::1 r MEMORANDUM
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TO: ROBERT A. SPIEGEL, CHAIRMAN
BUFORD A. CRITES, VICE CHAIRMAN
JEAN M. BENSON, BOARD MEMBER
JIM FERGUSON, BOARD MEMBER
RICHARD S. KELLY, BOARD MEMBER
FROM: LAURI AYLAIAN, DEVELOPMENT MANAGER
DATE: MAY 27, 2004
SUBJECT: REQUEST FOR AWARD OF CONTRACT NO. R22810
HARRIS & ASSOCIATES
This memorandum provides additional supporting information for a proposed professional
services agreement with Harris & Associates. The proposed agreement, which is for
performing construction management services for the new Visitor Information Center, is on
the agenda for 27 May 2004.
Six firms were asked to submit their qualifications for performing consulting construction
management services for the new Visitor Information Center at Entrada del Paseo. Five
firms responded to the request. A detailed breakdown of their relative scores in each of
five areas is attached to this memo. A second attachment summarizes the qualitative
aspects of the firms relative to one another.
If you have additional questions regarding the selection process or the proposed
professional services agreement, I will be pleased to answer them by phone or in person at
this evening's Agency Board meeting.
mh
Attachments (2)
cc: Carlos L. Ortega, Executive Director
Justin McCarthy, ACM Redevelopment
Dave Yrigoyen, Director of Redevelopment
G:\RDA\Maria Hunt\WPDATAWYLAIAMmemos\agencyboard052704harris&assocs.doc
• VISITOR INFORMATION CENTER
CONSULTING CM RANKING
RANK
(high = 5, RELATIVE
CRITERIA low= 1) WEIGHT POINTS
douglas e.bamhart
Qualifications of Key Personnel 2 10 20
Firm's Size and Depth of Resources 3 15 45
Experience in Providing CM Services 1 15 15
References 4 10 40
Hourly Rates 4 5 20
Total Points 140 Rank: 4
gafcon
Qualifications of Key Personnel 1 10 10
Firm's Size and Depth of Resources 1 15 15
Experience in Providing CM Services 2 15 30
References 4 10 40
Hourly Rates 3 5 15
Total Points 110 Rank: 5
Harris&Associates
Qualifications of Key Personnel 5 10 50
Firm's Size and Depth of Resources 5 15 75
Experience in Providing CM Services 5 15 75
References 4 10 40
Hourly Rates 2 5 10
Total Points 250 Rank: 1
The JCM Group
Qualifications of Key Personnel 3 10 30
Firm's Size and Depth of Resources 2 15 30
Experience in Providing CM Services 4 15 60
References 4 10 40
Hourly Rates 1 5 5
Total Points 165 Rank: 3
The Keith Companies
Qualifications of Key Personnel 4 10 40
Firm's Size and Depth of Resources 4 15 60
Experience in Providing CM Services 3 15 45
References 4 10 40
Hourly Rates 5 5 25
Total Points 210 Rank: 2
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