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HomeMy WebLinkAbout4/24/2002 - STAFF REPORTS (9) DATE: April 24, 2002 TO: City Council FROM: Director of Parks, Recreation & Facilities and Director of Procurement and Contracting APPROVE CONTRACTING FOR DESIGN DEVELOPMENT, PREPARATION OF BID DOCUMENTS AND CONSTRUCTION OBSERVATION SERVICES FOR SKATE PARK CONSTRUCTION AND SWIM CENTER RENOVATION RECOMMENDATION: That City Council approve contracting with Site Design Group for design development, preparation of bid documents and construction observation services for skate park construction and swim center renovation for the construction of a new skate park and renovation of the swim center in an amount not to exceed the amount of $115,000 for design fees, design development and preparation of bidding documents; $35,000 for construction observation services and an amount not to exceed$12,500 for reimburseables; for a total agreement amount not to exceed $162,500; final agreement to be in a form acceptable to the City Attorney. SUMMARY: City Council selected a design team forthe initial(conceptual)phase of design for recreation center improvements consisting of renovations to the swim center, upgrading existing pool mechanical equipment and a new skate park. The design team selected included Interactive Design Corporation of Palm Springs as the prime design firm and Site Design Group, the pre-eminent designer of skate parks in the Southwest, as the primary design sub-consultant. With the concurrence of both design firms staff recommends swapping the roles of the design team, making Site Design Group the prime and Interactive Design Corporation the sub-consultant, for the remaining design phases of the project consisting of design, preparation of bid documents and construction observation services. Site Design Group will be able to provide the desired services necessary to complete the project in a much more compressed time frame than Interactive Design is currently able to commit to. Interactive Design will provide the schematic design drawing to Site Design Group and will remain as a sub-consultant to Site Design Group. Site Design Group will be responsible for construction observation in addition to providing design services. See Scope of work outlined in attached draft agreement, Exhibit A. BACKGROUND In June of 2000, City Council instructed staff to issue an RFP to begin soliciting proposals from qualified Professional Architectural and Engineering Consultants to develop conceptual designs, and construction estimates for the construction of a Skate Park adjacent to the existing Swim Center in Sunrise Plaza Park.The project was also to include improvements to certain components and structures of the Swim Center to create a more complete and extensive project. 7 fi Mandatory site visits were held with a number of firms to review the project as initially envisioned in August of 2000. Interested firms made presentations to an evaluation committee made up of City Council members, various staff members and a select group of local skateboard enthusiasts who joined the project early on. The committee subsequently conducted a review and evaluation process of a number of proposals over a period of several weeks. The end result of this initial step in the design process was to award a contract to Interactive Design Corporation of Palm Springs, which partnered with Site Design Group, the designer of the most successful skateparks in the Southwest, to develop the initial concept plans. Soon thereafter, a contract with Interactive Design Corporation as the prime design professional was presented to City Council for approval. This initial step started the long design and review process moving forward.After numerous meetings attended by both Interactive Design Corporation and Site Design Group with skaters, community members, business owners, staff members and commissions occurring over a period of nearly one year,the final design concepts were presented to the City Council for consideration on December 12, 2001. Council endorsed one of two designs presented for review which included a new restroom building, new offices to the complex and a truly world-class skate park, wrapped into a single dramatic design concept resulting in an entirely new look to the complex. Upon endorsement of the conceptual design presented by Interactive Design Corporation, staff began to assemble the complex agreement for completing the design portion of the project-final design, preparation of bid documents and construction observation services. As this effort progressed Interactive Design Corporation informed the City that it had other, substantial, design engagements, and that the resultant scheduling conflicts would not allow it to meet the City's aggressive time lines. Site Design Group specializes in the design of skate parks and aquatic centers. Reversing the initial roles to make Site Design Group the prime design firm and Interactive Design the sub- consultant for architectural-related issues will move the projectforward within the city's desired time lines. Funds are available in account number 261-2493-51516, Skate Park Construction. A NIIKESELL HAROLD E. GOOD Director of Parks, Recreation & Facilities Director of Procurement & Contracting APPROVED: �� City Manager REVIEWED BY DEPT.OF FINANCE Attachment: Draft Agreement Minute Order CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Design Development and Construction Observation Services for the Palm Springs Swim Center Renovation & Skate Park Construction THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of , 2001, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and Site Design Group, 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 Site Design GroupAgnnt04-03.wpd 1 �!A 3 EXHIBIT "A" SCOPE OF SERVICES Palm Springs Swim Center Renovation & Skate Park Construction Design Development through Construction Observation Project Objective In general terms,the project involves, but is not limited to, remodeling and upgrading of the existing mechanical systems of the swim center, incorporating new filtration, chemical treatment, heating systems and other appurtenances, as necessary, to comply with current regulations; constructing a state-of-the-art 25,000 to 30,000-square-foot concrete skate park with lighting, landscaping, and sound systems adjacent to the swim center; and constructing a new building structure to service the needs of both the skate park and .swim center, all within a proposed budget not to exceed $1,766,443 inclusive of all design fees and a 6% construction contingency. Contractor shall provide the following services: Task 1 Design Development Task 1.1 Concept Plans. Contractor shall review the Schematic,Design package and most recently approved conceptual drawings and/or renderings previously submitted to the City for conceptual review and approvals. The Contractor shall incorporate comments from City staff, various City Commissions, City Council, and the public and revise the schematic design package and conceptual drawings/renderings as necessary. Task 1.2 Architectural Review. Contractor shall prepare and assemble all required plans and exhibits necessary, to procged'throug,h the Major Architectural Application (MAA) process through the Planning Department. The Contractor shall prepare professional architectural and landscape drawings and detailed site plans,and shall provide and include all pertinent,and required information as indicated in the MAA forms available in the Planning Department. Improvements subject to review through the MAA process 'include all skate park improvements and associated landscaping and lighting, and any modifications of existing buildings and construction of new buildings and all associated architecture. The Contractor shall be expected to submit all required information for the MAA process and to revise and resubmit any related plans and drawings as a result of comments received from the following: Development Committee, Design Review Advisory Committee, and Planning Commission. Task 1.3 Final Concept Approval. Contractor shall finalize all conceptual drawings and renderings, landscaping and lighting plans, architectural plans, and detailed site plans as required following the MAA process. The Contractor shall be responsible for facilitating an MAA approval of this project from the Planning Commission. Task 2 Plans, Specifications & Estimate (PS&E) General. Contractor shall provide the City with "Construction Documents", consisting of plans, specifications and an Engineer's Estimate of cost, for construction of the Skate Park and Swim Center improvements. This project consists of three general scopes of work, including: Skate Park Improvements (including landscaping, lighting, site work and all appurtenant improvements); Recreation/Facility Building Improvements(including modification/renovation of existing building(s) and construction of new building and park entry); and Swim Center Mechanical Improvements (including new filtration, chemical treatment,and heating systems with construction of appurtenant facilities and buildings necessary to contain new systems). Plans shall include, but not be limited to: Demolition, Grading & Drainage, Utilities, Electrical, Mechanical & Plumbing, Architectural & Site Design GnoupAgnnt04-03.wpd 11 �Ay Building (Structural), Skate Park Layout/Configuration & Construction Engineering, Irrigation & Landscaping, Lighting, Sound System, Detail Sheets, etc. Contractor shall coordinate with the Planning & Building Department for Architectural, Mechanical/Electrical, and Building (Structural) plan check review and approvals; and shall coordinate with the Public Works & Engineering Department for site grading,drainage,irrigation,and landscaping plan check review and approvals. Task 2.1 Base Plans. Contractor shall provide to the City for review and comment base plans that will represent and reflect all previously submitted comments from the public, the various City committees and Commissions, and City Council, that will be used to prepare the construction documents. City shall review the base plans, consisting of, but not limited to: Demolition, Grading & Drainage; Architectural and related Engineering; Skate Park Improvements and related Engineering; Swim Center Improvements aind related Engineering; and Irrigation, Landscaping & Lighting Task 2.2 30% Submittal. Plans. Contractor shall provide to the City for review and comment the base plans, representing 30% completion of the Construction Documents. Engineer's Estimate. Contractor shall provide a preliminary estimate based on approximate quantities and historical construction costs for similar projects. Utility Coordination. Contractor shall provide the 30% submittal to all impacted utilities and shall begin formal coordination to relocate or modify impacted utilities, including coordination required to obtain electrical, water and other utility service connections, as necessary to facilitate the proposed improvements. Task 2.3 65% Submittal. Plans. Contractor shall revise the 30% submittal (plans and engineer's estimate) to reflect all City comments and shall provide to the City for review and comment plans representing 65% completion of the Construction Documents. Special Provisions. Contractor shall prepare and provide to the City for review and comment contract specifications and special provisions for the project, using "boiler plate" documents provided by the City. Utility Coordination. Contractor shall provide the 65% submittal to all impacted utilities and shall continue coordination required to obtain electrical,water and other utility service connections, as necessary to facilitate the proposed improvements. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 65% submittal. Task 2.4 90% Submittal. Plans. Contractor shall revise the 65% submittal (plans and engineer's estimate) to reflect all City comments and shall provide to the City for review and comment plans representing 90% completion of the Construction Documents. Utility Coordination. Contractor shall provide the 90% submittal to all impacted utilities and shall continue;coordination required to obtain electrical,water and other utility service connections, as necessary to facilitate the proposed improvements. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 90% submittal. Site Design GroupAgmt04-03.wpd 12 _ 94 Task 2.5 100% Submittal. Plans. Contractor shall revise the 90% submittal (plans and engineer's estimate) to reflect all City comments and shall provide to the City for review and comment plans representing 100% completion of the Construction Documents. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 100% submittal. Final Utility Coordination. Contractor shall finalize all agreements in writing with all impacted utilities. Notice shall be formally given of the City's intent to advertise the project for construction. Task 2.6 Final Approval Submittal. Contractor shall revise the 100% submittal (plans, contract'specifications and special provisions, and engineer's estimate)to reflect all previous comments. Contractor shall provide an original set of mylar plans to the City for signature; and shall provide a clean copy of the contract specifications and special provisions, stamped and signed by the Contractor, to the City for signature. An electronic copy of plans in an approved format shall be provided. Contract specifications and special provisions shall be provided and an engineer's estimate shall be provided to the City. Task 3 Bid Phase Task 3.1 Pre-Bid Meeting. Contractor shall attend and coordinate a pre-bid meeting to be scheduled in advance of the bid opening date and to occur at the project site. The Contractor shall monitor the meeting and field all questions asked by bidders. Minutes of the pre-bid meeting shall be prepared and distributed by the Contractor to attendees within two days following the meeting. Task 3.2 Bidding Interpretations. Contractor shall review and respond to all inquiries and questions relating to plans and specifications during construction bidding. Discrepancies, errors or omissions within'the plans and specifications shall be addressed by the Contractor through the issuance of addenda, prepared by the Contractor, and issued by the City. Task3.3 Contractor Pre-Qualifica tions. Contractor shall review all construction contractor qualifications and shall determine applicable and appropriate pre-qualifications required for the project. Task3.4 Bid Review&Analysis.-Contractorshall attend the Bid Opening and obtain copies of submitted bids for review and analysis. Comparison of construction bids with the final engineer's Estimate shall be performed. Analysis of submitted bids shall be conducted, and discrepancies and construction bid cost-overruns shall be determined. The Contractor, in consultation with the City, shall determine if construction bids are acceptable, or recommend re-bidding, as necessary. Task 4 Construction Phase Task4.1, Pre-Construction Meeting. Contractor shall attend and coordinate a pre- construction meeting to be scheduled in advance of a "Notice to Proceed". The Contractor shall monitor the meeting and field all questions asked by the construction contractor. Minutes of the pre-construction meeting shall be prepared and distributed by the Contractor to attendees within two days following the meeting. The Contractor shall receive, review, approve and/or deny any and all shop-drawings and "or-equal" submittals, and coordinate with the construction contractor all pre-construction approvals required for the project. Site Design GroupAgnnt04-03.wpd 13 0?A � Task 4.2 Construction Monitoring. Contractor shall provide a minimum of three site visitations per week to observe construction progress and quality of construction, and to determine conformance of construction with project specifications. Contractor shall coordinate timing of required inspections with the construction contractor and the City Planning & Building Department, Public Works & Engineering Department, utility companies, and other agencies as required for the project. Daily observations shall be provided in weekly reports to the City Engineer. Task 4.3 Construction Inspections. Contractor shall provide daily, direct, on-hand construction inspections during concrete forming and installation of skate park improvements to ensure construction in conformance with project specifications. The Contractor shall coordinate the timing of all construction related to the concrete elements and improvements within the interior of the skate park, and shall be responsible for approving i or denying acceptable construction, including review and approvals or denials of construction materials and fabrication of the skate park features. Construction inspections provided by the Contractor shall not be construed to be a substitute for inspections required of and performed by the Public Works and Engineering, and Planning and Building Departments. Task 4.4 Contract Administration. Contractor shall review and approve or deny all pay requests and change orders, and shall forward all approved pay requests and change orders to the City Engineer for-further action. The Contractor shall be responsible for monitoring the construction contractor throughout construction of the project and to determirie conformance with contract specifications, and all applicable local, state, or federal laws and regulations. Task 4.5 Project Close-Out. Contractor shall coordinate with the City all preliminary and final construction inspections, including 30-day, 60-day and 90-day landscape maintenance inspections., Contractor shall prepare all necessary"punch-lists"and coordinate with the construction contractor review and approval of all punch-list corrections. Contractor shall advise the,City Engineer and shall recommend approval of substantial completion when necessary. Site Design GroupAgmt04-03.wpd 14 0747 EXHIBIT "B" SPECIAL REQUIREMENTS Contractor has been hired to perform the services described in the Agreement, which include the creation of one or more designs, drawings, or plans ("Designs") . Contractor acknowledges that City has budgeted the amount of one miVlion five hundred thousand dollars ($ 1,500,000.00)for the construction phase of the Project("Project Budget"). Contractor shall be responsible to do Project estimating to create Designs which will enable the Project to be constructed within an amount which shall not exceed the Project Budget by more than ten percent (10%). In the event that City solicits bids for construction of the Project, as such Project has been designed by Contractor, and the lowest responsible bid exceeds the Project Budget by more than ten percent(10%), Contractor agrees to revise the previous Designs, or to create new Designs, at no additional cost to City, so that a new price can be negotiated or the Project can be rebid so that the Project does not exceed the Project Budget by more than ten percent(10%). Notwithstanding the foregoing, Contractor is not responsible for changes in the Project scope initiated by City and all such changes shall include appropriate mutually agreed changes to the Project Budget. Section 4.3 Prohibition Against Subcontracting or Assignment: The Contractor may subcontract with Interactive Design, King Engineering, Don Gilmore &Associates, Bentsen/Hui, and Grayner Engineering. Section 5.2 Indemnification: This entire section is hereby replaced with the following: 5.2 City Held Harmless - General Liability: Except for the sole negligence of City, Contractor undertakes and agrees to defend, indemnify and hold harmless City, and any and all,of City's Boards, officers, employees, and successors in interest, from and against all suits and causes of action, claims, losses, demands and expenses, including but not limited to, reasonable attorney's fees and reasonable costs of litigation, damages or liabilities of any nature whatsoever, for death or injury to any person, including Architect's employees and agents,orfordamage to,ordestruction of, any property of either part hereto, or of third persons, in any manner to the extent arising by reasons of the acts or omissions in the performance of this Agreement on the part of Contractor, or any of Contractor's subcontractors, employees, or anyone for whom Contractor has obligated itself under this Contract, whether or not contributed to by any act or omission of City or any of the City's Boards, officers or employees. 5.25 City Held Harmless - Professional Liability: Contractor undertakes and agrees to indemnify and hold harmless City, and any and all of City's Boards, officers and employees from and against all losses and expenses, including„but not limited to, reasonable attorney's fees and reasonable costs of litigation, damages or liability of any nature whatsoever, for death or injury to any person, including Contractor's employees and agents, or for damage to, or destruction of, any property of third persons, in any manner to the extent caused by the negligent acts or omissions in performance of the professional services under this Agreement on the part of Contractor. All required insurance coverages and limits are, and shall be, subject to availability on the:open market, at reasonable cost(s) as determined by the City and mutually agreed upon by the parties. The non-availability or non- affordability of any coverage(s) must be documented in writing from Contractor's insurance representative. Section 5.3 Performance Bond: The requirement of Section 5.3 for a performance bond is hereby waived. Site Design GroupAgnnt04-03.wpd 15 A EXHIBIT "B" SPECIAL REQUIREMENTS The Scope of Services shall be modified as follows: A. Field and topographic survey of existing site conditions as provided by McGee Surveying shall be assumed to be accurate and complete; neither IDC nor its consultants shall undertake a separate verification of the survey. B. The cost of performing geo-technical investigation shall be the responsibility of the City of Palm Springs. C. The cost of performing materials testing shall be the responsibility of the City of Palm Springs. Site Design GncupAgnnt04-03.wpd 16 �A 9 EXHIBITS "C" and "D" -- SCHEDULE OF COMPENSATION and SCHEDULE OF PERFORMANCE Palm Springs Swim Center& Skate Park Design Development through Construction Observation Task to be Performed Percentage Dollar Days to Value Value Complete Task 1: Design Development 1.1 Concept Plans 1.2 Architectural Review 1.3 Final Concept Approval Task 1 Totals: Task 2: Plans, Specifications and Estimates(PS&E) 2.1 Base Plans 2.2 30% Submittal 2.3 65% Submittal 2.4 90% Submittal 2.5 100% Submittal 2.6 Final Approval Submittal Task 2 Totals: Task 3: Bid Phase 3.1 Pre-Bid Meeting 3.2 Bidding Interpretations 3.3 Contractor Pre-Qualifications 3.4 Bid Review&Analysis Task 3 Totals: Task 4: Construction Phase 4.1 Pre-Construction Meeting 4.2 Construction Monitoring 4.3 Construction Inspections 4.4 Contract Administration 4.5 Project Close-Out Task 4 Totals: Contract Totals: 100% Work periods (or time of completion) listed for Tasks identified herein shall exclude any lengths of time portions of the Work are submitted to the City for review and approval, with those periods of time calculated from the date received by the City to the date returned to the Contractor. Site Design GroupAgmt04-03.wpd 17 I #I, I MINUTE ORDER NO. APPROVING CONTRACTING WITH SITE DESIGN GROUP FOR DESIGN SERVICES RELATED TO SWIM CENTER RENOVATION AND CONSTRUCTION OF A NEW SKATE PARK IN AN AMOUNT NOT TO EXCEED $162,500; FINAL AGREEMENT TO BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. I hereby certify that this minute order approving approving contracting with site design group fordesign services related to swim center renovation and construction of a new skate park in an amount not to exceed $162,500; final agreement to be in a form acceptable to the city attorney, was adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 24th of April, 2002. PATRICIA A. SANDERS City Clerk