HomeMy WebLinkAboutR23970 Keith Companies - Well Site B at Desert Willow Golf Resort Firecliff CourseCONTRACT O. R I
PALM DESERT REDEVELOPMENT AGENCY
REQUEST
SUBMITTED BY:
CONSULTANT:
DATE:
CONTENTS:
Recommendation:
STAFF REPORT
AUTHORIZE AWARD OF CONTRACT NO. R- 23970 TO THE
KEITH COMPANIES FOR PROFESSIONAL SERVICES AT
WELL SITE B ON THE DESERT WILLOW NORTH COURSE
CATHERINE WALKER, SENIOR MANAGEMENT ANALYST
THE KEITH COMPANIES
73733 FRED WARING DRIVE
PALM DESERT CA, 92260
JULY 14, 2005
CONTRACT NO. R- 23970
MAP
By Minute Motion, that the Agency Board:
Authorize award of professional services Contract No. R- 23970 to
The Keith Companies for professional services in an amount not -to -
exceed $19,000, plus reimbursable expenses not —to -exceed
$1,500 for the well site improvements at the Desert Willow Golf
Resort;
2. Authorize the Finance Director to set aside the amount of $1,900 as
10% contingency (use of contingency requires additional action);
and
3. Authorize the Chairman to execute the contract.
Funds are available in Account No. 851-4663-454-4001.
Executive Summarv:
Approval of staff recommendation will allow commencement of civil engineering work on
well site B at the Desert Willow Golf Resort. This will meet the Agency's obligations to
CVWD in anticipation of potential development at Desert Willow.
Discussion:
During the development of Desert Willow, the City was required to provide the Coachella
Valley Water District (CVWD) several well sites with specific improvements to provide for
renewable water services. The improvements also required the ability to drain the
discharge water on site. Two of the seven well sites have been activated, B will be the
Staff Report CONTRACT NO. R23970
Authorize award of Contract to The Keith Companies — Well site B at Desert
Willow No
Page 2 of 2
July 14, 2005
third. The Agency is required to notify CVWD one year prior to the construction of a hotel
at the Desert Willow Golf Resort, in order for the well to be activated in a timely fashion.
All well sites are equipped with pumps requiring on site drainage. When the pumps are
activated, the discharge water must be captured at a second location from the well site.
It is staff's understanding that the drain line currently extends onto the driving range, if so
the flow of water must be captured in an existing water feature, redirected, or be
accommodated in a new course feature. The discharge site for well site B must be
located, configured for low visibility, and the drain line must be tested for proper
functionality.
The Keith Companies (TKC) will review all as -built drawings, and work with CVWD to
ensure proper functionality of the blow -off line and well site. TKC will create a base map
as a component of their field survey. This base map will pin point the exact location of
the existing drain line and any relevant equipment location. TKC will analyze this
information in a design report. The design report will include a cost estimate and
preliminary schedule. It will also propose relevant changes that must be made in order
to accommodate the discharge from the well site while preserving the integrity of the golf
course. TKC will provide final engineering services that will include finalization of design
concepts for Agency approval, all plans for landscape and engineering, specifications,
and an engineer's estimate.
Submitted by:
Catherine Walker
Senior Management Analyst
Redevelopment/Housing
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Approval:
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Jus in McCarthy, ACM development
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Carlos L. Orte , Executive Director
Department Head:
Dave Yrigoyen
Director of
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CONTRACT NO. R23970
AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of July, 2005, by and
between the PALM DESERT REDEVELOPMENT AGENCY hereinafter referred to as
"REDEVELOPMENT AGENCY" and THE KEITH COMPANIES, hereinafter referred to
as "CONSULTANT".
WITNESSETH:
WHEREAS, CONSULTANT is a corporation, the principal members of which are
Professional Consultants duly registered under the laws of the State of California; and
WHEREAS, REDEVELOPMENT AGENCY desires to engage CONSULTANT to
render certain technical and professional consulting services as set forth in Exhibit "A"
(Consultant's Proposal of Services) in connection with providing engineering and design
services for Well Site B located at the Desert Willow Golf Resort.
NOW, THEREFORE, the parties hereto agree as follows:
(1) REDEVELOPMENT AGENCY 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.
(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 CONSULTANT
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CONTRACT NO. R23970
without charge by REDEVELOPMENT AGENCY and REDEVELOPMENT AGENCY
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. REDEVELOPMENT AGENCY's Project
Administrator has not authorized CONSULTANT to proceed.
(7) The CONSULTANT shall work closely with the
REDEVELOPMENT AGENCY's Project Administrator, who shall be the principal officer
of the REDEVELOPMENT AGENCY. The CONSULTANT shall review and receive the
Executive Director approval of the details of work as it progresses.
(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
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
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Agreement TKC - A
CONTRACT NO. R23970
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
CONSULTANT's services, in the sole judgment of REDEVELOPMENT AGENCY, 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 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
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 REDEVELOPMENT AGENCY and CONSULTANT 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 CONSULTANT regarding such re -use or other use,
and REDEVELOPMENT AGENCY shall require the party using them to eliminate any
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Agreement TKC - so
CONTRACT NO. R23970
and all references to CONSULTANT from the plans, specifications, reports and other
design 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 REDEVELOPMENT AGENCY 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 REDEVELOPMENT AGENCY 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.
(14) The REDEVELOPMENT AGENCY 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: NINETEEN THOUSAND
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Agreement TKC - sd
CONTRACT NO. R23970
AND NO/100 DOLLARS ($19,000.00) plus $1,500 for reimbursables.
REDEVELOPMENT AGENCY agrees to pay all undisputed invoices within thirty (30)
days of receipt of invoice. REDEVELOPMENT AGENCY agrees to notify
CONSULTANT of disputed invoices within fifteen (15) days of receipt of said invoice.
(15) The CONSULTANT agrees to complete and submit the Final Draft of
the Five -Year Implementation Plan and Ten -Year Housing Compliance Plan as outlined
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 REDEVELOPMENT AGENCY.
(18) The CONSULTANT 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 -
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Agreement TKC - sa
CONTRACT NO. R23970
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 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
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 CONSULTANT, its
agents or employees, while engaged in the performance of this Agreement.
(21) In case of conflicts within the contract documents, the document
precedence shall be as follows:
(a) This Agreement;
(b) Exhibit "A" (Consultant's Proposal of Services, and any
written modifications thereto);
(c) Exhibit "B" (Consultant's Fee Proposal, and any written
modifications thereto).
Page 6
Agreement TKC - s0
CONTrZ"aCT NO. R23970
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
PALM DESERT REDEVELOPMENT The Keith Companies
AGENCY
Buford A. Crites, Chairman
ATTEST:
Rachelle D. Klassen, Agency Secretary
APPROVED AS TO FORM:
Dave Erwin, City Attorney
Page 7
Agreement TKC - sd
CONTRACT NO. R23970
EXHIBIT "A"
CONSULTANT'S PROPOSAL
OF
SERVICES
Page 8
Agreement 7KC - sa
EXHIBIT A CONTRAC.1 NO. R23970
CITY OF PALM DESERT REDEVELOPMENT AGENCY "cc
DESERT WILLOW PORTOLA WELL SITE
JUNE 7, 2005
PROJECT UNDERSTANDING
The Desert Willow Golf Resort has several existing CVWD well sites within the project boundary that
discharge high pressure blow off water onto the Golf Course. The City of Palm Desert Redevelopment
Agency intends to evaluate the current discharge piping and collection method for the Well Site located
on the Western portion of the site immediately off Portola Avenue and research options for modifying the
discharge piping to accommodate future development options on the site. HSA Design Group will be a
sub -consultant to TKC on the project to provide Landscape Architecture services. TKC to provide the
following Consulting Services to the City of Palm Desert Redevelopment Agency (City) for the project:
I: Design Development
Task 1: Coordination and Meetings
TKC will review the existing documentation for the project including: as -built drawings, CVWD
easement documents. CVAArD as -built drawings and others as provided by the Client. TKC will meet with
the CVWD staff and Desert Willow Staff to ascertain the expectations and operational considerations of
any proposed construction.
Task 2: Design Survey
For design purposes. the vertical and horizontal relationships of existing site conditions need to be
documented. TKC will conduct the following survey tasks:
A. Field Survey — TKC will perform a design survey of the project limits for the specific purpose of
establishing accurate base information from existing topographic information provided by the City in
Digital Format.
Control — Horizontal and vertical control for the project area will be determined. This includes a
description of each monument found and tie notes as required. Basis of bearing for the project
will be established based on the horizontal control and the record maps. Vertical control based
data provided by the City of Palm Desert datum will be verified and at least one temporary
benchmark (TBM) will be established within the project limits. For the purposes of this proposal,
we are assuming the City of Palm Desert will provide existing topographic horizontal and vertical
control data in digital format.
Existing Improvements — The field survey will record the horizontal alignment of the routing of
the existing discharge piping and an initial 20 foot envelope on each side of the pipe centerline.
Also recorded for base map purposes will be the, well location, site walls, and key golf course
features including: cart paths, irrigation lines, limits of tees and greens, site walls and building
corners.
TKC assumes the City will provide the necessary potholing of the existing line to verify it's exact
location.
Page I of 2
Client TKC
EXHIBIT A CONTRAC" ' NO. R23970
CITY OF PALM DESERT REDEVELOPMENT AGENCY 1WC
DESERT WILLOW PORTOLA WELL SITE
JUNE 7, 2005
Task 3: Design Report
TKC will provide the City with a Design Report that evaluates the existing conditions including discharge
pipe alignment, any proposed changes to the alignment, location of the proposed discharge basin.
engineering requirements for the discharge basin, architectural enhancement of the discharge basin and
make recommendations for the proposed improvements including architectural sketches, a design level
cost estimate and Preliminary Schedule.
II: Final Engineering
Based on the final design concept approved by the Client, TKC will provide the necessary Engineering
and Landscape Architecture plans to construct the improvements. Plans will include Specifications.
drawings at 1" = 40 scale, processing through CVWD and the City of Palm Desert Public Works
Department. Plans will include piping alignment (in plan view only), connection details to existing
CVWD facilities, details of the discharge appurtenance and the discharge basin/architectural feature.
Additionally TKC will provide an Engineer's estimate based on plan take off quantities.
1�iTiGY��`La111i1iL�1
TKC proposes to provide these ser-vices to the City of Palm Desert for the Lump Sum of $19,000
(Nineteen thousand dollars). Any changes in the Scope of Work will be negotiated according to TKC's
2005 Fee Schedule (Attached as Exhibit "B"). Reimbursable costs will be invoiced at cost plus.+5 ,,. /,��
TASK I: DESIGN DEVELOPMENT
Task 1 Coordination and Meetings
Task 2 Field Survey
Task 3 Design Report
Total Task 1
TASK II : CONSTRliCTION DRAWINGS
TOTAL FEE
$4,000
$5,000
$3,000
$12,000
$7,000
$19,000
Page 2 of 2
Client TKC
CONTRACT NO. R23970
EXHIBIT "B"
CONSULTANT'S FEE PROPOSAL
Page 9
Agreement TKC - so
EXHIBIT B
The Keith Companies, Inc.
Palm Desert, California Division
FEE SCHEDULE — April 1, 2005 through March 31, 2006
Compensation for work performed on a time and materials basis will be computed as foIIOW• R23970
S:
MANAGEMENT
HourIv Rate
President.............................................................................................................................................
$172.00
VicePresident II....................................................................................................................................
166.00
VicePresident I.....................................................................................................................................
162.00
DirectorIII.............................................................................................................................................
160.00
DirectorII..............................................................................................................................................
155.00
DirectorI. Sr. Project Manager.............................................................................................................
150.00
ProjectManager....................................................................................................................................
135.00
Assistant Project Manager, Supervisor II..............................................................................................
125.00
SupervisorI...........................................................................................................................................
115.00
CIVIL ENGINEERING AND MAPPING SERVICES,
Sr. Project Engineer........................................................................................................................... $130.00
Sr. Project Surveyor, Sr. Project Designer, Processing Manager.........................................................
125.00
Project Engineer, Project Surveyor.......................................................................................................
120.00
Project Designer, Sr. Survey Analyst....................................................................................................
116.00
Sr. Designer, Sr. Design Engineer........................................................................................................
112.00
Design Engineer, Designer, Survey Analyst.........................................................................................
108.00
DesignTechnician................................................................................................................................
100.00
Assistant Engineer, Sr. Technician.........................................................................................................
94.00
Technician...............................................................................................................................................
90.00
Jr. Survey Analyst...................................................................................................................................
86.00
Jr. Engineer.............................................................................................................................................
82.00
Research/Processing Coordinator II.......................................................................................................
80.00
Jr. Technician..........................................................................................................................................
78.00
Research/Processing Coordinator I........................................................................................................
70.00
Project Coordinator, Engineering/Survey Aide.......................................................................................
60.00
OfficeWork.............................................................................................................................................
55.00
CULTURAL RESOURCES
Project Manager/Cultural Resources...............$125.00
Archaeologist, Paleontologist............................105.00
Field/Lab Supervisor...........................................85.00
Field/Lab Technician III.......................................75.00
Field/Lab Technician II........................................70.00
Field/Lab Technician I.........................................60.00
FIELD SURVEY
Field Coordinator.............................................$110.00
Survey Technician.............................................100.00
Three Person Crew
...........................................235.00
Two Person Crew..............................................200.00
One Person Crew..............................................175.00
PLANNING SERVICES
Principal Planner...............................$120.00
Sr. Planner..........................................115.00
Project Planner....................................105.00
Planner................................................100.00
Assistant Planner..................................92.00
Graphic Designer..................................84.00
Planning Technician..............................80.00
CONSTRUCTION
Sr. Construction Mgr.........................$110.00
Construction Manager...........................94.00
Superintendent......................................80.00
Laborer..................................................60.00
SPECIAL SERVICES
ConsultationRe: Litigation..................................................................................................................................... S375.00
MISCELLANEOUS FEES /
The following services are billed at our cost plus�l.b'l /d to
• Subcontracted services.
• Map check fees or filing fees advanced by us.
• Transportation, meals and lodging for overnight travel and incidental travel expenses.
• Commercial delivery services, including Federal Express, Express Mail, and Messenger Services.
• Excessive long distance telephone calls, telegrams, and other costs directly applicable to the project.
• Plotting and blueprint services and printing. (The client is encouraged to arrange for printing, other than prints or plots
on our blueprint machine and plotters, to be contracted directly with an outside blueprint company acceptable to us.)
MILEAGE............................................................................. $ .405/mile or current allowable rate established by the IRS
NOTE: EEO obligations of Exec Order 11246 and 41 CFR Parts 60-1.4, 60-250.5 and 607
5 are incorporated in non-exempt US
Government contractslsubcontracts.
TKC Corpor Division Manager
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City of Palm Desert ArclMS Map Output
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CONTRACT NO. R23970
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