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HomeMy WebLinkAbout3/31/2004 - STAFF REPORTS (3) 31 DATE: March 2004 TO: City Council FROM: Convention Center Project Administrator CONSTRUCTION SURVEYING - CONVENTION CENTER EXPANSION RECOMMENDATION: It is recommended that the City Council approve a Professional Services Agreement with The Keith Companies for the construction surveying and staking for the Convention Center Expansion Project. SUMMARY: This action would approve a contract with a local surveying firm to provide all the construction surveying and staking for the Convention Center Project. BACKGROUND: With the assistance of the project architect and Turner Construction, staff developed a specific scope of work for the Convention Center Project construction surveying and staking. Three local surveying companies were asked to quote the specific Scope of Work. The project budget for this work was set at$100,000. The quotes received were as follows: COMPANY QUOTE The Keith Companies $ 74,570 Coachella Valley Engineers 97,500 Mainero Smith Assoc. 155,900 Based on the quotes from the three firms, staff and Turner Construction met with the Keith Companies to be sure they understood the scope of work and that they had included all necessary costs. They confirmed there understanding and attached is a copy of the proposed agreement and a minute order for City Council Consideration. Allen F. Smoot, AAE Convention Center Project Administrator Approved:: City Manager ATTACHMENTS; 1. Minute Order 2. Agreement CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR PALM SPRINGS CONVENTION CENTER EXPANSION - PHASE II CONSTRUCTION SURVEYING AND STAKING CITY PROJECT NO. 02-27 THIS CONTRACT SERVICES AGREEMENT(herein "Agreement"), is made and entered into this day of , 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and The Keith Companies, Inc. (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses,Permits,Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees,assessments,taxes penalties or interest levied,assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a)has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c)fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. t 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers,documents,plans,studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services,without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i)the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions of this Agreement, the provisions of Exhibit"B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of seventy four thousand five hundred seventy Dollars, ($74,570.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii)payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1 st)working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 2 R3 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation BY: By:� City Clerk City Manager APPROVED AS TO FORM: ey; City Attorney CONTRACTOR: The Keith Companies Check one:_Individual Pannership_Corporation 73733 Fred Waring ` Palm Desert, CA 92260 Corporations require two notarized signatures: One from each of the following; A. Chairman of Board, President, or any Vlca President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By; By. rgna ure notadzeSignature(notarized) Name; Name: Title: Title; Address: Address: State of ) State of �11 County or �as County of fss On,__beforemo, On before me, parsonallKa peared personallyappeared personality known to ma or prove to ma on ne 4asrs o personally known to me or prove o me on a ass a satisfactory evidence) he the personal whose nama(s)is/are eabsfsaory avidence)to bathe person(s)whose name(s)is/are subscribe to the within instrument on acknowledged to ma subscribed ro the wlCChim Instrumam and acknowledged tome that ha/she/they executed the same in his/her/their aulhodzad that he/shefthey executed the same in his/her/their authorized Gapacity(Ies1, and that by Ns/her/their slgnature(a) on the Capacity(ies), and that by hls/hadlheir slgmaturate) on the Instrument thhe person(s),or the entity upon behalf o which the Instrument INhis porsw(s),or the entity upon Calf of which the parson(s)acted,executed the instnrmeht. person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and offlclal seal. Notary Signature, Notary Signature: Notary Seal: Notary Seal: 10 EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide construction surveying and staking services to the City of Palm Springs for the Palm Springs Convention Center Expansion Project Phase II, City Project No. 02-27 as follows: Task 1: Demolition Limits. Mark demolition for curb cuts on site perimeter, existing parking lot and set finish floor elevations on the outside of the building perimeter. Task 2: Building Control. Establish one set of control lines for each area of new construction. Establish two (2) base lines on the interior of existing building. Task 3: Foundation. Stake foundation corners (including loading dock) and intermediate points for construction. Includes one move-in on the west side and two move-ins (each) on north and east sides. For loading dock, two move-ins, stake for excavation and forms. Task 4: Grading. Provide 3 move-ins, stake rough grade, including new building pads, parking areas, and landscape areas. Provide bluetops for pads and certification of building pad areas. Task 5: Caissons/Columns. Provide 3 move-ins, stake off sets on the baseline shown on the pylon geometry sheets, 4 points per column. One set to be used for caisson and column construction. Verify column and anchor bolt locating; one per column. Task 6: Utilities/Appurtenances. Sewer: provide 2 move-ins, stake at 25 ft. stations, including laterals to buildings, grease interceptor and lift station. Water: provide 2 move-ins, stake at 25 ft.stations, including services, hydrants and detector checks. Storm Drain: provide 3 move-ins,stake at 25 ft.stations, including all structures and area drains. Dry Utilities: provide 3 move-ins, stake trench and structures at 25 ft. stations. Task 7: On-Site Curbs, Gutters and Walls. Stake curb and gutter at 25 ft. stations including returns and radius points. Stake masonry wall at 25 ft. intervals along Avenida Caballeros (provide 2 move-ins). Task 8: Offsite Curb, Gutter and Sidewalks. Stake offsite curb at 25 ft. stations, including trench drains and narrowing of curbs at intersection. Mark offset on curb for meandering walkways (provide 2 move-ins). Task 9: Landscape Areas: Stake control points for benches and landscape limits as shown by points on plans. Provide 2 move-ins, minimum 50 foot intervals between points. Task 10: Meetings. Attend all necessary construction coordination meetings as called by Turner Construction. a�� EXHIBIT "B" SPECIAL REQUIREMENTS Section 4.2 The Convention Center Project Administrator is hereby designated as the Contract Officer. Section 5.1(d) The Contractor shall procure and maintain professional liability insurance in a minimum amount of $1 million in conformance with the provisions of Section 5.0 of this Agreement. Section 5.3 The requirement of Section 5.3 for a performance bond are hereby waived. Section 7.7 Liquidated Damages will not apply to this agreement. 12 EXHIBIT "C SCHEDULE OF COMPENSATION Tasks 1 through 10 shall be compensated at a maximum total lump sum of$74,570, with each task being valued pursuant to the not-to-exceed sum as follows: Task 1 Demolition 990.00 Task 2 Building Control 8,225.00 Task 3 Foundation 12,250.00 Task 4 Grading 6,580.00 Task 5 Caissons/Columns 21,385.00 Task 6 Utilities/Appurtenances 13,100.00 Task 7 On-Site Curbs, Gutters and Walls 3,300.00 Task 8 Off-Site Curb, Gutters and Sidewalks 4,400.00 Task 9 Landscape Areas 3,300.00 Task 10 Meetings 1,040.00 Total Lump Sum $74,570.00 Progress payments shall be made monthly based upon the percentage of work completed in each of the above tasks. The above lump sum prices include all reimbursables, including travel. Should additional work be required, after receiving appropriate approvals for said extra work, compensation shall be on a time and materials basis utilizing the attached The Keith Companies Fee Schedule. 13 EXHIBIT "D" SCHEDULE OF PERFORMANCE The required scope of services shall be completed throughout the project schedule of 18 months commencing April 2004 as requested by the Construction Manager. a� 15 MINUTE ORDER NO. APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR THE CONVENTION CENTER EXPANSION CONSTRUCTION SURVEYING AND STAKING WITH THE KEITH COMPANIES IN THE AMOUNT OF $74,570, SUBJECT TO THE CITY COUNCIL APPROVAL OF BOND DOCUMENTS. I HEREBY CERTIFY that this Minute Order approving a Professional Services Agreement for the Convention Center Expansion construction surveying and staking with the Keith Companies in the amount of $74,570, subject to the City Council of Bond Documents, was adopted by the City Council of the City Of Palm Springs, California in a meeting thereof held on the 241h day of March, 2004. PATRICIA A. SANDERS City Clerk