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HomeMy WebLinkAbout4/5/2017 - STAFF REPORTS - 5.B. ♦�*P A L M Sp4 .y V N w 4 R9 w C �RRO9GTfO R ^R Q4 1 FORN`• City Council Staff Report DATE: April 5, 2017 NEW BUSINESS SUBJECT: AWARD A CONSTRUCTION CONTRACT TO AUDIO ASSOCIATES OF SAN DIEGO, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $1,288,256.93 FOR THE CITY COUNCIL CHAMBER AUDIOVISUAL SYSTEM UPGRADE, CITY PROJECT NO. 15-06 FROM: David H. Ready, City Manager BY: City Clerk Engineering Services Department SUMMARY: Award of this contract will allow the City to proceed with construction to upgrade the existing audio/visual equipment and reconstruct the City Council dais including staff seats for the City Council Chamber Audio/Visual System Upgrade, City Project No. 15- 06. This capital improvement project is budgeted and made possible with funding from the public, educational, and government access (`PEG') fees. RECOMMENDATION: 1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2016-17, APPROPRIATING A TOTAL OF $1,585,591, FOR THE CITY COUNCIL CHAMBER AUDIO / VISUAL SYSTEM UPGRADE, CITY PROJECT NO. 15-06, OF WHICH $985,591 IS FROM THE ASSIGNED PEG FEE BALANCE IN THE GENERAL FUND, AND $600,000 IS FROM THE UNRESTRICTED GENERAL FUND RESERVES, AS AN INTERNAL LOAN TO BE REPAID FROM FUTURE PAYMENTS RECEIVED FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) FEES;' 2. Award a construction contract (Agreement No. _) to Audio Associates of San Diego, a California corporation, in the amount of $1,288,256.93 for the City Council Chamber Audio/Visual System Upgrade, City Project No. 15-06; 3. Authorize a Purchase Order to Interwest Consulting Group, pursuant to On-Call Agreement No. 6686, in the amount up to $50,000 for construction management and inspection services for the City Council Chamber Audio/Visual System Upgrade, City Project No. 15-06; 4. Authorize the temporary relocation of all scheduled City Council and Commission meetings to the Convention Center or altemate available location throughout the duration of construction; ITEM N0.��_ City Council Staff Report April 5, 2017-- Page 2 Award CP 15-06, City Council Chamber AudioNisual System Upgrade 5. Delegate authority to the City Manager to approve and execute construction contract change orders up to the cumulative amount of $128,826; and 6. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: On November 16, 2016, the City Council approved the contract documents (plans and specifications) and authorized the release for bidding the City Council Chamber Audio/Visual System Upgrade, City Project No. 15-06, (the "Project'). The audio/visual equipment upgrades proposed for the City Council Chamber comprise a reconfigured City Council dais, staff seats, and public speaker podium to include new individual 15" LCD monitor screens with touch screen capabilities to broadcast presentations, watch live feed and use for voting. The City Council Chamber also contains one 80" screen monitor to replace existing overhead projector screen, four 60" screen monitors positioned (two on each side) within the Council Chamber for enhanced audience viewing, video cameras, and a speaker and completely upgraded LED lighting control system. The Large Conference Room and Television Broadcast Control Room are scheduled to contain two 70" screen monitors, camera controller, production mixer and switch, and ability for closed-captioned services. In addition, staff presented the City Council with four dais remodeling schemes as viable options for the design of the reconstructed City Council dais. The City Council favored one aesthetic design that preserved the original architectural integrity of the City Council Chamber. Figures 1 and 2 below show the approved aesthetic designs. l 94"lYN VIEW M"ffld"VOW Figure 1 — City Council Dais (Note the final design excludes the City Seal) 02 City Council Staff Report April 5, 2017-- Page 3 Award CP 15-06, City Council Chamber Audio/Visual System Upgrade rkw i.N ewvn+t wur i � Pd�OrlGTNt v16N/ Figure 2 - Staff Seats City Council Subcommittee Meetings On April 12, 2016, a meeting was held with the Council Subcommittee, staff, Triton Technologies (audio/visual consultant) and Jeff Jurasky & Associates (interior design architect), to evaluate the construction drawings and details for the Project. Councilmember Mills and Roberts reviewed the proposed audio/visual equipment upgrades and approved aesthetic designs for the City Council dais and staff seats. The following comments were identified: • Simplify end treatment for the City Council dais and exclude city seal • Install LED digital nameplate displays to the City Council dais • Install a camera to capture sliding board exhibitions • Add a speaker timer to all screen monitor displays for public comment • Reevaluate 60" screen monitor mounts for probable wall cantilevered display Based on these comments, staff requested Triton Technologies and Jeff Jurasky & Associates to revise their construction drawings to accommodate the Council Subcommittee requests. Upon completion of the revised construction documents, a follow-up Council Subcommittee meeting was scheduled. On October 11, 2016, the Council Subcommittee, staff, and consultants met to review the revisions to the construction drawings. Manufacturer specification sheets for the LED digital nameplate displays and speaker timer were illustrated to staff and the changes were accepted. Further, a demonstration for a sliding board camera was presented to staff and the additional camera was accepted. Finally, a rendering of a wall cantilevered monitor mount display for the 60" Council Chamber monitors was developed and approved by the Subcommittee. 03 City Council Staff Report April 5, 2017-- Page 4 Award CP 15-06, City Council Chamber Audio/Visual System Upgrade Historic Site Preservation Board Recommendation On February 9, 2016, the Historic Site Preservation Board (HSPB) provided staff with a conditional Certificate of Approval for the proposed audio/visual equipment and reconstruction of City Council dais, with a requirement to return to HSPB for review of the material and color stain samples for the Council dais and staff seating. Following the City Council's approval of the design, including the proposed material and color stain samples, staff will schedule review by HSPB. The location of each room and proposed equipment is illustrated on the subsequent pages. 04 City Council Staff Report April 5, 2017--Page 5 Award CP 15-06, City Council Chamber Audio/Visual System Upgrade � A Es 3 ua�wiornem«. J i ' I6 0 d� A c. rug svext3 nn caxooTRITON Flma rw� -o.. loon. 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IALY 111YCCWJI RLOR 4r 1 TR�A' erucMr�e.:wwn oM�reLynrWw.,:r���� lW1YiN f/ylflf 9L41ILW �vx t9/M5 LW FP CTL RM C a City Council Staff Report April 5, 2017-- Page 8 Award CP 15-06, City Council Chamber Audio/Visual System Upgrade Following the City Council's approval of the contract documents, the contract documents were released for bidding on January 12, 2017, and published the Notice Inviting Bid in the Desert Sun on January 15 and January 22, 2017, Mandatory Pre-Bid Meeting Given the specialized type of construction associated with the Project, staff required a mandatory pre-bid meeting for all interested contractors, which was held on February 13, 2017. The contract documents required that the prime contractor be licensed as a Class B General or (C-7 Low Voltage Systems) contractor given the type of work involved. Table 1 identifies the 9 appropriately licensed contractors that attended the mandatory pre-bid meeting. Company Location License Digital Networks Group Lake Forest, CA B, C-10, C-7 Got U Wired, Inc. San Marcos, CA C-10, C-7 Audio Associates of San Diego Chula Vista C-7 Exhibit One Audio Visual Technologies Phoenix, AZ C-7 Western Audio Visual Orange, CA C-7 GST Information Technology Solutions Cerritos, CA C-7 AVI-SPL Cypress, CA C-7 Anderson AV San Diego, CA C-7 Spinitar La Mirada, CA C-7 Sony Electronics Inc. Park Ridge, NJ N/A* N/A* = Bidder is not an audio/visual integrator. Table 1 Bid Opening On March 16, 2017, the Procurement and Contracting Division received one construction bid from the following contractor listed in Table 2. Company Location Bid Amount Audio Associates of San Diego I Chula Vista, CA $1,288,256.93 Table 2 The engineer's estimate for the project as reported to the City Council on November 16, 2016, was $1,500,000. Audio Associates of San Diego ("Audio Associates") bid of $1,288,256.93 to perform all the work identified in the contract documents came in at 14% below the engineer's estimate. Given the lack of multiple bids, staff contacted several of the contractors that attended the mandatory pre-bid meeting to determine why these contractors chose not to bid on the Project. Generally, the C-7 licensed contractors preferred not to bid as a prime contractor, and had intended to partner with a Class B General contractor as a sub- nq City Council Staff Report April 5, 2017 -- Page 9 Award CP 15-06, City Council Chamber AudioNisual System Upgrade contractor. Another reason cited by these contractors was an opinion that the City had not identified a sufficient number of working days, and the high liquidated damages fine imposed by the contract documents. Staff originally identified 45 working days in the contract documents, however, responding to a bidder's request to increase the number of working days allowed, staff issued an addendum increasing the number of working days from 45 to 60. Additionally, staff lengthened the normal working hours from 7:00am - 4:00pm to 7:00am to 6:00pm, Monday thru Friday. Liquidated damages are established for this Project at $10,000 dollar per day to compensate the City for expenses to relocate all City public meetings and events to the Convention Center, and to the extent that the contractor is unable to complete the work within the 60 working days (3 months) provided by the contract, the City may incur significant costs to continue hosting all of its public meetings at off-site locations. Bid Analysis As part of the City's normal bid review process, staff reviewed the bid document submitted by Audio Associates, to ensure compliance with the Instructions to Bidders. After staff's review, staff determined that the bid submitted by Audio Associates was responsive with the Instruction to Bidders. Since this was the only bid submitted for the Project, staff checked Audio Associates' references, and requested examples of finished work from one of its previous completed job sites. In December 2016, Audio Associates completed a similar audio/visual integration project for Riverside County, for a project named, "County of Riverside Board Chambers Audio Visual Upgrade Project." The scope of work involved the installation of 28 individual voting monitors, two 84" overhead digital monitor screens, sound reinforcement, audio/visual camera control, green room and press feed systems, video distribution and display, streaming and television broadcast feed, lighting systems, video tracking, and archiving functions. The scope of work completed by Audio Associates for Riverside County is nearly identical to the scope of work to be completed for the City of Palm Springs. Multiple pictures are provided on the subsequent pages as supporting documentation to illustrate the work performed by Audio Associates. 09 City Council Staff Report April 5, 2017 -- Page 10 Award CP 15-06, City Council Chamber Audio/Visual System Upgrade r Picture 1 Individual Monitors and Microphones for Dais Picture 2 Dual 84" Overhead Digital Monitor Screens � q City Council Staff Report April 5, 2017 -- Page 11 Award CP 15-06, City Council Chamber Audio/Visual System Upgrade ilk Picture 3 Television Broadcasting Camera r { G .Y Picture 4 1 1 Television Broadcasting Control Room City Council Staff Report April 5, 2017-- Page 12 Award CP 15-06, City Council Chamber AudioNisual System Upgrade Public Works Contractor Registration Law(SB 854) Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854 (2014), unless registered with the State of California Department of Industrial Relations (DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public works projects on or after March 1, 2015. Similarly, a public entity cannot award a public works contract to a non-registered contractor, effective April 1, 2015. Staff has reviewed the DIR's contractor registration database, and has confirmed that Audio Associates, and the listed subcontractors, are registered with the DIR, and are appropriately licensed. Audio Associates, of Chula Vista, California submitted the lowest responsive bid. Staff reviewed the bid, references, and contractor's license, and found the Contractor to be properly licensed and qualified. A construction contract with Audio Associates for the Project is included as Attachment 1. Local Business Preference Compliance Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program," requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. Audio Associates is not considered a local business, however, demonstrated sufficient evidence of good faith efforts to sub-contract services to business whose work force resides within the Coachella Valley. Construction Management and Inspection Services On April 1, 2015, the City Council approved agreements for on-call Public Works capital project construction management and inspection services with Dudek & Associates, Interwest Consulting Group, Inc., and Willdan Engineering to provide first class as- needed construction management and inspection ("Owner's Rep") services associated with a variety of future Public Works capital projects. Accordingly, staff solicited proposals from these on-call firms for required construction phase services associated with the Project, and on the basis of scope and fee has recommended the City Council approve the proposal submitted by Interwest Consulting Group, Inc., in the amount of $33,525, which represents approximately 2.5% of the construction contract amount. Staff is recommending the City Council approve an amount up to $50,000 for construction administration services for additional services requested by staff so construction management and inspection can proceed uninterrupted. A copy of the proposal for construction phase services provided by Interwest Consulting Group, Inc., is included as Attachment 2. 12 City Council Staff Report April 5, 2017-- Page 13 Award CP 15-OB, City Council Chamber Audio/Visual System Upgrade City Council Approval of Contingency Funds Staff recommends that the City Council authorize the City Manager to approve and execute construction contract change orders up to an additional amount of 10% of the contract amount, up to a maximum of $128,826. Staff will carefully evaluate any additional or extra work claims presented by Audio Associates, and if valid, submit to the City Manager for his approval. In this way, work can proceed uninterrupted as staff administratively process construction contract change orders up to the authority specifically authorized herein by the City Council. Temporary Relocation of City Public Meetings Bidders were required to provide a construction schedule as part of their bid submittal to comply with the construction timeframe assigned to this Project. Staff included a statement in the contract documents that indicate: "The Contractor shall be prepared to mobilize and commence construction of the work identified in the Bid Schedule no later than June 1, 2017 and shall finish all such work (including testin_a, adjustment, testing, and training) within 60 working days, or no later than September 1, 2017." The contractor is requesting to mobilize onsite and commence work beginning May 1 and will need to gain access to the City's Council Chamber, Large Conference Room, and Television Broadcast Control Room concurrently to complete the project in the number of working days allotted. Staff is coordinating with the Convention Center to relocate all City Council and Commission meetings to Convention Center during the construction of the project. Other various meetings that might occur in the Large Conference Room or Council Chambers will also be relocated to alternative locations, including the Police Department Training Room, Pavilion, or City Yard. Therefore, staff is recommending the City Council officially authorize a temporary relocation of public meetings to the Convention Center or approved alternative locations throughout the duration of construction. A copy of the bidder's construction schedule is included as Attachment 3. Construction Staging Staff has dedicated a staging area and identified a main site access for the contractor as shown in Figure 1 below. The staging area is located within the City Hall parking lot area immediately adjacent to El Cielo Road. Citizens who visit the Development Services Department permit center commonly park in this area as it provides quick and easy access. The Contractor is anticipated to park a storage trailer in this area. The number of parking stalls temporarily removed is 18 stalls, however, sufficient parking continues to remain. 13 City Council Staff Report April 5, 2017--Page 14 Award CP 15-06, City Council Chamber Audio/Visual System Upgrade ATTACHMENT F-CONTRACTOR'S STAGING AND SITE ACCES: E(HIBIT p rl r -- - Holm _. ..a Figure 1 Contractor Staging and Site Access Exhibit ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15331 "Historical Resource Restoration/Rehabilitation," Class 31 projects consist of limited maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources, therefore, the City Council Chamber Audio/Visual System Upgrade, City Project No. 15-06, is considered categorically exempt from CEQA, and a Notice of Exemption has been prepared and filed with the Riverside County Clerk. 14 City Council Staff Report April 5, 2017-- Page 15 Award CP 15-06, City Council Chamber Audio/Visual System Upgrade FISCAL IMPACT: Costs for this project are covered by special user fees collected by the City through Time Warner Cable for technology improvements for broadcasting public meetings on the City's public access channels; these fees are identified as "public, educational, and government access" (or "PEG") fees. PEG fees are collected and set aside specifically for improvements to be made associated with broadcasting on the City's public access channels, and cannot be used for other purposes. As of June 30, 2016, the City has a balance of $985,591 in PEG fees for use on the Project. Annually, the City receives approximately $200,000 in PEG fees via Time Warner Cable payments. The estimated Project budget and incurred expenditures are identified in Table 3 below. Table of Project Costs Amount PEG Fees Fund Balance) $985,591 Design $84,130 Project Administration Estimated $5,000 Construction Management/inspection $50,000 City Clerk's Agenda Management $25,000 Construction Contract $1,288,257 Construction Contingency ($128,826) Additional Budget Required $595,622 Table 3 The total cost of the Project exceeds currently available PEG fees. On that basis, an additional $595,622 is required to fully fund the Project. Staff is recommending that the City Council adopt a Budget Resolution to appropriate the $985,591 in unallocated assigned PEG fee balance, and $600,000 from unrestricted General Fund reserves, for use in the General Fund assigned PEG fee capital expenditure account No. 001-1231- 50039 to fully fund the Project, with a condition that these funds will be repaid as an internal loan to the unrestricted General Fund reserves as future PEG fees are paid to the City. It is anticipated that this internal loan will be repaid in 3 years, as the City receives annual receipts of approximately $200,000 for PEG fees from Time Warner Cable. 15 City Council Staff Report April 5, 2017 -- Page 16 Award CP 15-06, City Council Chamber Audio/Visual System Upgrade SUBMITTED: / Ap� Marcus L. Fuller, MPA, P.E., P.L.S. Kathleen D. Hart Assistant City Manager/City Engineer Interim City Clerk `----7 David- H.. Ready, Es ., Ph.D City Manager Attachments: 1. Construction Contract 2. Interwest's Proposal 3. Contractor's Schedule 4. Budget Resolution Zs Attachment 1 17 AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this _ day of 2017, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Audio Associates of San Die-go, a California corporation, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -- THE WORK For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s)for the Project entitled: CITY COUNCIL CHAMBER AUDIOVISUAL UPGRADE CITY PROJECT NO. 15-06 The Work comprises upgrading the existing audio/visual equipment within the City's Council Chamber, Large Conference Room, and Television Broadcast Control Room located at City Hall, 3200 E. Tahquitz Canyon Way. The scope of work shall include, but not limited to, rebuilding the Council Chamber dais, staff area seating, and public speaker podium; 15-inch individual monitor screens with touch screen capabilities; digital televisions monitor screens; video cameras; LED lighting fixtures; various electrical improvements and other appurtenant work. ARTICLE 2 -- COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to CITY COUNCIL CHAMBER AUDIOVISUAL UPGRADE CITY PROJECT NO. 15-06 AGREEMENT FORM JANUARY 12,2017 AGREEMENT AND BONDS-PAGE 1 18 liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. ARTICLE 3 -- CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor's Bid Proposal is One Million Two Hundred Eighty Eight Thousand Two Hundred Fifty Six Dollars and Ninety Three Cents ($1,288,256.93). Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program — Good Faith Efforts, Non- Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 1 to 2, inclusive, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. CITY COUNCIL CHAMBER AUDIO/VISUAL UPGRADE CITY PROJECT NO. 15-06 AGREEMENT FORM JANUARY 12,2017 AGREEMENT AND BONDS-PAGE 2 19 Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 6 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents. ARTICLE 7 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice between the parties, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 8 -- INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced and made a part hereof. Prevailing Wages. Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California taw, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. ARTICLE 9 -- NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not p 9 discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, CITY COUNCIL CHAMBER AUDIO/VISUAL UPGRADE CITY PROJECT NO. 15-06 AGREEMENT FORM JANUARY 12,2017 AGREEMENT AND BONDS-PAGE 3 20 physical or mental disability, or medical condition. Such actions shall include, but not be 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. ARTICLE 10 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. SIGNATURES ON NEXT PAGE CITY COUNCIL CHAMBER AUDIO/VISUAL UPGRADE CITY PROJECT NO. 15-06 AGREEMENT FORM JANUARY 12,2017 AGREEMENT AND BONDS-PAGE 4 21 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL: CALIFORNIA Date By David H. Ready City Manager Agreement No. ATTEST: By Kathleen D. Hart Interim City Clerk APPROVED AS TO FORM: By Douglas Holland City Attorney RECOMMENDED: By Marcus L. Fuller, PE, PLS Assistant City Manager/City Engineer CITY COUNCIL CHAMBER AUDIONISUAL UPGRADE CITY PROJECT NO. 15-06 AGREEMENT FORM JANUARY 12,2017 AGREEMENT AND BONDS-PAGE 5 zz CONTRACTOR By: Audio Associates of San Diego, a California corporation Firm/Company Name By: By: Signature (notarized) Signature (notarized) Name: Name: Title: Title: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. (This Agreement must be signed in the above (This Agreement must be signed in the above space by one having authority to bind the space by one having authority to bind the Contractor to the terms of the Agreement.) Contractor to the terms of the Agreement.) State of 1 State of ) County of )ss County of )ss On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: CITY COUNCIL CHAMBER AUDIOVISUAL UPGRADE CITY PROJECT NO. 15-06 AGREEMENT FORM JANUARY 12,2017 AGREEMENT AND BONDS-PAGE 6 23 Attachment 2 24 INi ERWEST C O N S U L T I N G G R O U P March 21, 2017 Marcus Fuller, P.E. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: Proposal for Construction Management and Inspection Services for the City Council Chamber Audio/Visual Upgrade,City Project No. 15.06 Mr. Fuller: Interest Consulting Group is pleased to submit our proposal to provide the Construction Management and Inspection Services for the City Council Chamber Audio[Visual Upgrade, City Project No. 15-06. It is understood that the City requires turnkey construction management services which includes Construction Management and Inspection Services per the City's guidelines. We are submitting for consideration to provide construction management and inspection services. We have prepared a scope of services that will complement the City's management team for this project. The staff members proposed for this assignment were carefully selected based on our understanding of the scope of the project.James G. Ross is the Public Works Group Leader for the Southern Califomia area and will serve as Principal in Charge. He is an authorized representative of Interest Consulting Group with the authority to sign all necessary agreements. Mr.Chris A.Vogt,P.E. is the Regional Manager of the Coachella Valley branch of Interest Consulting Group, and will serve as the Project Representative and the management contact to the City of Palm Springs. James G. Ross Chris A. Vogt, P.E. 431 S. Palm Canyon Drive, Suite 200 431 S. Palm Canyon Drive, Suite 200 Palm Springs, CA 92262 Palm Springs, CA 92262 760.417.4329 Office 760.417.4329 Office 714.742.1551 Mobile 951.616.4925 Mobile jross@interestgrp.com cvogt@interestgrp.com Services will be directed from our Palm Springs office, which serves the entire Coachella Valley region with professional staff performing functions in all of our disciplines. Additional information concerning our qualifications and experience may be found in our Statement of Qualifications, previously submitted to the City under a separate Interwest Consulting Group I w Jnterwestgrpxom 25 cover. Please do not hesitate to contact Chris A. Vogt, PE at(760)417-4329 should you have any questions. Thank you again for the opportunity to assist you on this project. Sincerely, es G. Ross Chris A.Vogt, PE Public Works Group Leader Coachella Valley Regional Manager Interwest Consulting Group I www.interwestgrp.com 26 I. Experience I Qualifications Interwest Consulting Group The seamless integration of municipal service professionals in support of public agencies has been our purpose since Interwest Consulting Group formed in 2002. Interwest was founded by individuals with a passion for serving municipalities. We currently employ approximately 300 employees spanning a multitude of disciplines within city engineering, public works, and building and safety departments throughout California. We provide the following services to cities/counties: Construction Management, City Engineering, Capital Improvement Program Management, Development Improvement Plan/Map Review and Entitlement, Public Works Inspection Services, Development Inspection Services, Transportation Program Management/Funding, Traffic Engineering & Transportation Planning, Building and Safety, Real Property Acquisition, Geographic Information System (GIS), and Information Technology. We currently serve over 200 cities, counties and state agencies. We serve the nearby municipalities of Rancho Mirage, Indio, La Quinta, Indian Wells, Wildomar, Yorba Linda, Beaumont, and Eastvale just to name a few. We are also currently serving the City of Palm Springs on a number of similar projects. Project Management Interwest is excited for the opportunity to provide Construction Management and Inspection Services for the City Council Chamber AudioNisual Upgrade Project.We understand that our role in this project is to provide a"turn-key" project including project meetings, negotiations with the contractor, inspection, coordination and communication with the City, payroll certification, punch lists, final adjusting change order, change order negotiations/verifications, invoice verification and approval, project budget maintenance and oversight, compliance with all funding source requirements, coordination of Building Permit application by the contractor, coordination of Shop Drawing Submittals and approvals by the Building and Safety Department, coordination of "special inspections" by the Building and Safety Department, and full Construction Management Services. This project consists of upgrading the existing audio/visual equipment(including mill work,misc. electrical, and lighting)for the Council Chamber, Large Conference Room,and TV Broadcast Control Room. Interwest staff has worked for a number of local agencies to provide construction management and inspection services for Public Works Capital Projects including streets, drainage improvements and facility upgrades. Whether it is replacing sidewalk, installing a driveway, widening a road, building new roads, storm drains, sewers, traffic signals, streetlights, or extending a roadway, or facility upgrades, our staff has worked with city staff and private consultants. We use our experience and local, state, and federal standards and the Uniform Building Codes to ensure that projects will be safe for the public and meet the needs of the city. r' Project Issues and Solutions Interwest Consulting Group will provide Construction Management and Inspection Services to ensure the project is completed in conformance with all plans, codes, and specifications. The staff we are proposing have ,a much experience in completing Capital Improvement projects including facility upgrades, streets, storm drains, retention basins, landscaping, sewers, water lines, erosion controls, traffic controls, curb and gutter, Interwest Consulting Group I www.rnterwestgrpxom 27 sidewalk, streetlights, ADA ramps, traffic signals, and storm water runoff (NPDES). Throughout the duration of this project, we will provide the following: ✓ Daily inspections to ensure all work is in compliance with the most current codes ✓ Construction Management to provide professional contract administration ✓ Continual monitoring of schedule ✓ Verification of work completed ✓ Provide timely daily inspections ✓ Provide a flexible schedule to ensure proper coverage of field work ✓ Attend meetings as required ✓ Provide the testing of all materials to ensure conformance with federal guidelines, codes, plans, and acceptable construction practices ✓ Provide trench and backfll inspection to ensure proper construction and work safety ✓ Provide Geotechnical inspection before,during and after construction ✓ Coordinate additional geotechnical testing and inspections as necessary ✓ Provide daily reports on progress ✓ Meet all federal guidelines and prepare the necessary paperwork for Caltrans Local Assistance, which includes DBE requirements, invoicing, and record keeping for potential audits. With our experience and knowledge of completing complex building projects, we can assure that the developer will remain in compliance with all applicable codes and laws. Interwest will closely monitor the project schedule and budget. II. Personnel Services will be directed from our Palm Springs office, which serves the entire Coachella Valley region with professional staff performing functions in all of our disciplines. All of our proposed staff has significant direct experience working as city employees and as contract staff members in similar jurisdictions throughout California providing the services outlined in the RFP. Individually, the professionals showcased below excel in each of their backgrounds. As a team, they possess the professional capability to innovatively create and implement effective solutions with your agency and the community's interests in mind. The following individuals would be available to serve the City. James G. Ross will serve as Principal-in-Charge Mr. Ross is an authorized representative of Interwest Consulting Group and has the authority to sign all necessary agreements. Proposed Staff Project Representative Chris A. Vogt, PE I PROJECT MANAGER I KEY CONTACT Chris has nearly 32 years of successful planning, implementing, and administering public works projects and programs. He brings a solid history of successful management with over 20 years as a Public Works Director/City Engineer. He brings an exemplary work ethic focusing on continuous process improvements while maintaining the ability to effectively navigate through politically sensitive environments. Interwest Consulting Group I www.interwestgrp.com 28 He has managed an operational budget over $39 million and a comprehensive Capital Improvement Program in excess of $1.6 billion. Supporting cities in Southern California, Chris has a wealth of knowledge in budget preparation; infrastructure maintenance; professional and construction contract negotiations; organizational development; project management; water, sewer and electrical utility operations and construction; engineering design; staff development; training and mentoring; complex engineering studies such as Development Impact Fees and assessment engineering;and public informational and collaborative meetings. Chris is a professional who brings solutions to our clients. He is flexible and open with his communications and fosters a teamwork atmosphere in resolving challenges. He is committed to serving the needs of the client through strong leadership and a collaborative approach. Construction Management/Inspection Services Ryan Shultz I CONSTRUCTION MANAGER I CONSTRUCTION INSPECTOR Ryan is a public works and construction professional with over a decade of relevant industry experience,often serving in the role of project manager.As such, he is well-versed in current construction methods and standards,and has expertise in cost-control and contract management. He has worked on public works projects of various sizes and budgets,from $250k up to$30M. Ryan has experience in time-management and a talent for fostering effective communication between the Client,General Contractor, Utilities, subcontractors, and other agency/business representatives involved in the project. He is a collaborative person with strong communication, interpersonal,and critical thinking skills to effectively motivate and lead a diverse group of individuals. Ryan has completed many project as for the City of Palm Springs in the roles of Construction Manager and Inspector. Ron Hardeman I CONSTRUCTION INSPECTOR Ron is an ICC Certified California Residential Building Inspector with over 20 years of industry experience. Ron owned and operated his own construction business for 20 years. His duties included meeting with customers, checking job sites, processing contracts, organizing material lists, invoicing and accounting,scheduling and supervising subcontractors and day laborers,and various work on job sites including plumbing,electrical, doors, flooring, roofing, and framing. Ron began his career with Interwest as a trainee building inspector in February 2016 in the City of Wildomar. He has also completed inspection assignments in the City of Eastvale. Over this time he has been mentored by senior staff on a variety of typical inspection situations, and he has obtained his ICC Certification. III. Scope of Services 1 - CONSTRUCTION MANAGEMENT AND INSPECTION SERVICE We understand the City desires to retain a highly qualified firm to provide Turn-key construction management and inspection. Our proposal is being submitted to provide all related services outlined in the RFP. The Construction Manager and Inspector will ensure all work conforms to the project construction documents, City codes and ordinances including APWA "Greenbook" Standard Specifications for Public Works Construction, all current California Uniform Building Codes, and the City of Palm Springs Standards and specifications. Inter est Consulting Group I w .Intemostgrpxom 29 The selected consultant will act as the City's representative and shall be accountable and responsible for the compliance of the work completed by the contractors. Successful integration of the construction inspector with the Construction Manager and City Staff to provide accurate,complete and timely services is critical to the success of any project. Our goal is to provide flexible schedules to meet the needs of the City to ensure the contractor remains on schedule and all work is in compliance with all codes and regulations. Pre-Construction Phase Pre-Construction Meeting: Coordinate and conduct all pre-construction meetings to define and understand the order of work and schedule. Identify and share direct contact information to enhance the response times so as not to delay schedule and progress. City Guidelines: Ensure that all work completed meets all City guidelines. Prepare the necessary paperwork for award of submittals, labor compliance, progress invoices,final invoices, and record keeping for potential audits. Coordination with the City's Building Department: 1) Submit the Contractor's fabrication shop drawing to the City's Building Department for plan check review and obtain a building permit approval to rebuild Council Chamber dais, staff seating area and public speaking podium. 2) Submit the Contractor's electrical and lighting design plans to the City's Building Department for plan check review and obtain a building permit approval to connect intended audio/visual equipment and lighting system. Construction Phase CONSTRUCTION AND INSPECTION Field Inspections: The Building Inspector shall perform field inspections during construction to insure compliance with plans, specifications, and applicable standards. The inspector shall have a complete set of construction plans and applicable specifications and standards. Progress Meeting:The Construction Manager shall conduct all meetings as required. Daily Construction Reports: the inspector will prepare Daily Construction Reports (DCR's) on City's format or format approved by the City's Project Manager only. These DCR's are expected to include a detailed description of the day-to-day operations, on-site labor, personnel, weather, materials and equipment and include times of arrival and departure. Photo Documentation: Will document work progress on a regular basis by means of digital photographs properly labeled, and dated. Flow of Information: The inspector will be responsible for coordinating the flow of information between all parties and with other City Departments as necessary. Weekly Status Reports:Will provide weekly status reports. ADA Compliance: Provides coordination necessary to assure that ADA requirements are satisfied during construction progress and upon completion. Accessibility: Inspector is responsible for reviewing potential accessibility issues Interwest Consulting Group I www.rnterwestgrp.com 39 Safety: The Construction Inspector shall, on a daily basis and throughout the day, inspect the contractor's safety requirements and make immediate notifications of any and all safety issues and concerns to the GC and all interested parties as needed. Construction Close-Out Phase Final Inspections: Administer final inspections and preliminary punch lists, review substantial completion request and assist in preparation of completion notice. Punch list And Final Walk: Coordinate final walk through inspection, prepare final punch list items, issue corrections and deficiencies notices if needed and ensure all corrections items are completed by final close-out letter. As-Built Drawings: Review and make recommendations as to the adequacy of as-built plans and as compared to the construction Inspectors as built plans. 31 Interwest Consulting Group I w .intemestgrp.com IV. Cost Estimate The following is a cost estimate based on our assumptions after reviewing the RFP issued by the City via e-mail dated March 20, 2017 and thoroughly reviewing the plans and specifications, and Addendums No. 1 and 2 that were issued prior to bid. These assumptions were based on our collective experience with the many similar projects we have completed for our City clients and experience we have obtained throughout our careers. CLASSIFICATION TASK HOURLY ESTIMATEDRATE HOURS COST Project Manager/CM Administration $125 105 $13,125 Construction Inspector Construction Inspection $85 240 $20,400 This "not to exceed" fee is based on a sixty (60) day construction schedule for completing all work. Additional services needed beyond the estimated duration of construction will be provided on a "time and materials" basis at the Interwest Consulting Group's standard hourly rates. These rates apply for work during normal business hours only. Nights, weekends, and holidays will be an extra. All work will be completed on a time and materials basis.All charges will be billed only for the actual work conducted. All assigned staff is prepared to serve the City for the entire duration of the assigned project. Interwest staff is also prepared to work in City offices with City equipment and materials, on-site with company issued equipment and materials AND/OR in our offices with company issued equipment and materials. The Interwest Palm Springs office is approximately 2.70 miles from project site which will provide fast and efficient inspections throughout the project duration. Hourly rate includes all mileage expenses, mailing/delivery, and incidental expenses. Please refer to our original Proposal for all resumes and additional references. If you have any questions regarding this fee proposal, please feel free to contact me at(760)4174329, 32 Interwest Consulting Group I www.interwestgrp.com Attachment 3 33 e�) audioassociates 1497 Jayken Way • Chula Vista - CA 91911 - Office 619-461.9445 • Fax 619461-9469 Serving Southern California • OVSE&$BE Certification#OD01477 • C-7 Lic.#728789 Audio Associates Construction Schedule Preliminary schedule(based on April Sth Award) A more comprehensive schedule will be provided upon award (or prior to)per contract terms. Our intent is to start construction in large meeting room and then assemble small temporary production rack for TV broadcast. Moving work shall be done concurrent with council chamber and production. Rough Outline of Activity April6th -Award April7th - Start preparation of bonds and insurance April loth - Start cable prefab in our shop - Layout material orders, schedule delivery phases to AA facility or council chambers. May 1st -Mobilize onsite, setting trailers, power hook-up etc.... - First phase of material arrives (depending on meeting room schedule we may want to coordinate in starting meeting room as early as May 15,2017) June 1st -Arrange for temporary production system so Demo can start at the Palm Springs production studio.(Demo of council chamber Dias and equipment) July 1st - Continue with construction,electric, work assemble new dial,third phase of equipment to arrive, Aug 1st - Continue work Aug ISth - Pre-test systems, arrange for Ross, Intent Digital and Compix testing/training. Last phase of equipment to arrive, Lighting layouts,permits etc.... will be completed in early April Sept. 1st Job complete 34 Attachment 4 3F RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2016-17, APPROPRIATING A TOTAL OF $1,585,591, FOR THE CITY COUNCIL CHAMBER AUDIO / VISUAL SYSTEM UPGRADE, CITY PROJECT NO. 15-06, OF WHICH $985,591 IS FROM THE ASSIGNED PEG FEE BALANCE IN THE GENERAL FUND, AND $600,000 IS FROM THE UNRESTRICTED GENERAL FUND RESERVES, AS AN INTERNAL LOAN TO BE REPAID FROM FUTURE PAYMENTS RECEIVED FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) FEES. WHEREAS, Resolution No. 24034 approving the Budget for the Fiscal Year 2016-2017 was adopted on June 1, 2016; and WHEREAS, the City Manager has recommended, and the City Council desires to approve, certain amendments to the budget for Fiscal Year 2016- 2017; and WHEREAS, the City Council has approved contract documents to implement the City Council Chamber Audio/Visual System Upgrade, City Project No. 15-06, a capital improvement project to install new technology upgrades to improve public access and viewing of all City Council, Commission and other public meetings through the City's public access television channel, (the "Project"); and WHEREAS, the Project is an eligible project to be funded by the City's receipt of restricted funds made possible through a restricted portion of franchise payments from the City's local cable provider, Time Warner Cable, for capital improvements associated with "public, educational, and governmental" (or "PEG") channels used by the City of Palm Springs; and WHEREAS, as of June 30, 2016, the City had reserved a restricted balance of $985,590.81 for PEG capital improvements, with an anticipated receipt of an additional $200,000 annually; and WHEREAS, the Project is anticipated to cost $1,600,000 and will require additional funding; and WHEREAS, it is the City Council's intent to advance unrestricted General Fund reserves to fully fund the Project, as an internal loan to be repaid from receipt of future PEG fees paid by Time Warner Cable; and WHEREAS, this Budget Resolution establishes terms of repayment of the 3F unrestricted General Fund loan for the Project. NOW, THEREFORE THE CITY COUNCIL DETERMINES, RESOLVES AND APPROVES AS FOLLOWS: SOURCE(S): Fund Activity Account Amount General Fund PEG Fees $985,591 Fund 001 Assigned General Fund Unrestricted $600,000 Fund 001 Reserves ADDITION(S): Fund Activity Account Amount General Fund 1231 50039 $1 ,585,591 Fund 001 PEG Fee Expense PURPOSE: This appropriation is being made as an advance from unrestricted General Fund reserves for eligible capital improvements to be paid from PEG fees, to fully fund the City Council Chamber Audio / Visual System Upgrade, City Project No. 15-06. LOAN REPAYMENT: This appropriation is made with the requirement that it be fully repaid to unrestricted General Fund reserves through future payments received from PEG fees paid by the City's local cable provider. ADOPTED THIS 51h DAY OF April, 2017. CITY OF PALM SPRINGS David H. Ready City Manager ATTEST: Kathleen D. Hart Interim City Clerk 37 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on April 5, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kathleen D. Hart, MMC Interim City Clerk City of Palm Springs, California 3g