Loading...
HomeMy WebLinkAbout02/01/2000, C4 - CONTRACT FOR CONSTRUCTION MANAGMENT SERVICES FOR THE MARSH STREET GARAGE EXPANSION council ; j acEn6a Report '�C4 C I T Y OF SAN L U I S O B I S P O FROM: Mike McCluskey, Director of Public Work Prepared By: Keith Opalewski,Parking Manager SUBJECT: CONTRACT FOR CONSTRUCTION MANAGMENT SERVICES FOR THE MARSH STREET GARAGE EXPANSION CAO RECOMMENDATION 1) Approve contract with Hams & Associates in the amount of $304,600 for construction management services for the Marsh Street Garage Expansion and authorize the Mayor to execute the contract. 2) Appropriate $179,600 from the unreserved parking fund working capital in order to fully fund the construction management contract. DISCUSSION On December 13, 1999, the Council authorized the solicitation of Statements of Qualifications (SOQ) for construction management services for the Marsh Street Garage expansion. The SOQ process was utilized to expedite the selection process in order to keep the project on schedule for a mid-February construction bid. Four firms responded to the SOQ and they were interviewed by a selection committee comprised of staff personnel, design architect and support staff. The presentations were professional and informative with one firm clearly standing out from the others. This firm presented the best "team" approach coupled with extensive experience dealing with public agencies. Furthermore, they had an outstanding background in successfully completing public parking garage construction projects. Thus, it was the unanimous choice of the selection committee to award the construction management contract to Hams & Associates (Exhibit A). The utilization of a construction management firm the caliber of Harris & Associates offers several advantages. These include construction feasibility and cost estimates at the pre-bid stage, technical advisor, liaison for public relations, on-site inspector, and most important, years of expertise at dealing with high profile public parking projects. The full extent of responsibilities for construction management is included in the attached contract. Given the challenges of the upcoming garage construction, staff supports the committee's recommendation to award the contract to Harris & Associates. FISCAL IMPACT The Marsh Street Garage expansion project currently has an approved budget of $200,000 for construction management. This includes the architect's involvement during the construction phase ($50,000) as well as the use of a construction management firm ($150,000). The architect's contract will be adjusted prior to the construction bid via CAO approval as stipulated C4-1 Council Agenda Report—Construction Management Services Page 2 in the current design contract. However, during contract negotiations with the construction management firm, it was revealed that the engineer's estimate of $150,000 was well below the contractor's proposed fee of $329,600 (Exhibit B). This includes a Construction Manager and Resident Inspector along with a Project Director. It also included a lump sum fee of$25,000 for pre-bid review of the construction documents to ensure competitive and responsive bid proposals and successful construction of the project. This phase of the project is extremely important to the overall success of the garage expansion. So much so that this pre-bid review portion of the construction management services has been awarded under a separate $25,000 contract via CAO approval in order to keep the project on-track. The engineer's estimate basically only covered the inspector portion of the proposed fee and did not include the actual construction management of the project. Typically, construction management comprises at least 8-10% of the total construction cost, and in some projects, this can be as high as 15% or more. Therefore, a more accurate estimate should have been in the $360,000 to $450,000 range for this particular project. Thus, the proposed fee is actually very reasonable for such a complex construction project. Given the low estimate, additional funding will be needed as follows: Current Budget for Construction Management $150,000 Contract Firm $50,000 Design Architect $200,000 Total Proposed Budget for Construction Management $304,600 Contract Firm $25,000 Contract Firm Pre-bid Review* $50,000 Design Architect $379,600 Total Net Difference $179,600 additional funding * Awarded under separate contract The unreserved parking fund working capital has sufficient money (in excess of$3.1 million) to cover this increased cost. ALTERNATIVES Reduced Work Scope The use of a full service construction management firm is essential to the successful completion of the garage expansion. This project will require extensive coordination to maintain normal operations in the existing garage, especially during the pedestrian bridge phase and the simultaneous construction of the Parable Bookstore remodel. Moreover, there is insufficient city staff that can provide the same level of service as the recommended firm. In fact, the support staff of the contractor comprises over 80 employees with extensive background in all facets of C4-2 Council Agenda Report—Construction Management Services Page 3 construction. The intent of using a construction management firm is to reduce the impact to city staff and build the best project for the money. Reducing the proposed work scope would certainly jeopardize this objective, and as such, staff does not recommend this alternative. ATTACHMENTS Exhibit A-Selection Summary Exhibit B-Contractor's Fee Proposal Work Scope and Contract I:councilreports/carharris&associatesfunding C4-3 EXHIBIT A MARSH STREET GARAGE EXPANSION CONSTRUCTION MANAGEMENT CONSULTANT TEAM SELECTION Selection Committee Members Wayne Peterson City Engineer Keith Opalewski Parking Manager Barbara Lynch Civil Engineer Fred Sweeney Design Architect (PMSM) Julie Hendricks Cost Estimator (PMSM) Based on the interviews the consultants were ranked as follows by the selection committee: Wayne P. Barbara L. Fred S. Keith O. Julie H. Harris &Assoc. Harris & Assoc. Hams & Assoc. Hams &Assoc. Harris &Assoc. 1'choice Vanir Vanir Vanir Vanir Vanir 2'choice CMS CMS CMS CMS CMS 3'd choice Bill Morris Bill Moms Bill Morris Bill Morris Bill Moms k_ItLh2ice The above rankings were based on the following criteria: Understanding of work required by City Proposed approach to overall project Experience with public parking garage construction Overall presentation and interview C4-4 EXHIBIT £ 2 § 88q 0 0 0 C; aaC; a ci ci § ) § co co to � ) CL #swwa § � CM n - - co 1,cve" - ) 0 � § k � � E iG G < « � CV § LL 2 « 2 � 00000 2 i k ie - - - - � ) + - § A~ 77 e $ Gam m 2 @ A - ~ ~ > > o o -eoo � ) . o o © , (DeV § z A z - § L L) r eaasa o . 14. o o - - ~ a a a ao o _ oo_ M § § e © e & � / c k A R7 ° ° 7IW § § < < � � S ea8aV - 2 0 CL zz zm oNa ■ a k k - - � *16.- a \) as ° r- ee © © � � � I m m \ \ � e eaGQ § � 2 � e _ - m § - - w + w © - - © a L LL � { { 0 0 0000 E ( 33 X0222CO � - _ • � � � � Ncl R ak � ? ■ && a ® � t v k = 0 $ C � 0 # ) / c °a § mom . tEoo6 \ 2 % t ■ ■ § t . Ugaa ��-3 C) Z Ra72 » a 0 a § § $ 0 § a § o G U Q a A: 00 m2 QaG0Jca a AGREEMENT n ..Y K '.:�,.y - {`r•'A' �;-'L. d:u �' Fi:`•G`'4*x:G.. ';F. -�:.�:.iY"S.d�n.+�'� >TJ°`E'�a •{ THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,hereinafter referred to as City, and HARRIS AND ASSOCIATES,hereinafter referred to as Contractor. WITNESSETH: WHEREAS,the City wants to contract for Construction Management Services for the Marsh Street Garage Expansion per Specification No.99684. WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do so which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above,until acceptance or completion of said services. 2. CITY'S OBLIGATIONS.- For providing services as specified in this Agreement, City will pay and Contractor shall receive therefore compensation in a total sum not to exceed Three Hundred Four Thousand Six Hundred Dollar;($304,600). 3. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as set forth in Exhibit A attached hereto and incorporated into this Agreement. Contractor further agrees to the contract performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement. 4. AMENDMENTS. Any amendment,modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. 5. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement,understanding, or representation be binding upon the parties hereto. C4-6 Agreement Page 2 6. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Finance Department City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Contractor Harris&Associates 34 Executive Park,Suite 150 Irvine,CA 92614 7. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Clerk Mayor APPROVED AS TO FORM: CONTRACTOR By: ty ey C4-7 Exhibit A DESCRIPTION OF WORK PRE-CONSTRUMON PHASE 1. Coordinate the bid process including bidders questions via the "Request for Interpretation"system provided for in the construction specifications. 2. Coordinate and-conduct pre-bid walk-through and bid opening. 3. Assist the Public Works Department in review of the bids presented. Issue Notice of Award and notice to Proceed. Review General Contractors submittal of contract, bonds and insurance for completeness. 4. Coordinate and conduct pre-consttuction conference. 5. Meet with local interested parties and set up a community information program to minimize conflicts that will be caused by conshuction. CONSTRUCTION PHASE 6_ The Construction Manager (CM) is to provide administrative, management and related services as required to coordinate the work of the contractors with the activities and responsibilities of the Construction Manager, the Public Works Department and the Architect to complete the project in accordance with the Public Works Departments objectives for cost,time and quality. The Construction Manager is to administer all general conditions and construction support activities on behalf of the Public Works Department 7. Conduct weekly construction and progress meetings as required to discuss such matters as procedures, progress problems and scheduling. Produce and distribute minutes for these meetings. 8. Establishment of quality control standards based on industry practices. 9. Review General Contractor's construction schedule on a monthly basis and advise the Public Works Department as to any change that may cause delays or problems with the completion of the project and recommend corrective action. 10. Recommend courses of action to the Public Works Department when the requirements of the contract are not being fulfilled and the non-performing party will not take satisfactory corrective action. Implement Public Works Department direction. 11- Recommend changes made necessary or desirable as a result,of situations incurred during the actual construction. Review said requests for changes and submit recommendations to the Public Works Department. If accepted, prepare a Change Order for the Public Works Department's record and authorization. C4-8 Exhibit A DESCRIPTION OF WORK Page A-2 12. Review payment applications by the Contractor for progress and final payments. Make recommendations for certification to the Public Works Department for payment. Prepare Public Works Department's accounting documents for processing. 13. Determine in general, that the work of each Contractor is being performed in accordance with the requirements of the contract.documents. As required, make recommendations to the Public Works Department and Building Official regarding special inspections or testing and of work not in accordance with the provisions of the contract documents. Subject to the review of the Public Works Department and/or Building Official, reject work that does not conform to the requirements of the contract documents. 14. Maintain liaison and coordinate the activities of the Public Works Department, Architect, and Consultants and cooperate with other regulatory agencies and governing bodies. 15. Provide resident inspection services to insure compliance with code, plans, specifications and quality control required. Provide daily logs containing record of weather, contractor's work on site,number of workers,work accomplished, problems encountered and other similar relevant data as the Building Official of Public Works Department may require. Coordinate the services of special inspectors as required. 16. Provide semi monthly reports and others as required by the City. On a monthly basis the Executive Summary will be substituted for a semi-monthly as it includes a larger body of information such as budget, potential Cost Request Bulletins and progress photos. . 17. Create, maintain and make available to the contractors, a Request for Information form, whenever any corrective change is necessary in field construction that will result in a variance from the specification and plans as originally issued_ 18. Consult with the Architect, Public Works Departmen% and/or Building Official over and contractor requested interpretations of the meaning of the plans and specifications,and assist in the resolution of questions that may arise. 19. Receive and log all shop drawings, product data, samples and other contractor submittals prior to transmission to the Architect. Coordinate with the Architect procedures for expediting the processing and approval of shop drawings, product data, samples and other submittals. C4-9 Exhibit A DESCRIPTION OF WORK Page A-3 20. Maintain at the project site, current record copies of all agreements, drawings, specifications, addenda, field orders, bulletins, contractor payment rcquests, change orders, modifications, and other relevant contract documents in good order and marked to record all changes made during construction to: shop drawings, product data, samples, submittals, purchases, maintenance and operating manuals and instructions, other related documents and revisions which arise out of the work in the contract. 21. When the contractor's work or designated portion thereof is substantially complete, prepare for the Public Works Department,a list of incomplete or unsatisfactory items via a 'punch list" 23. Provide on site "special inspection" as required by the plans, specifications and Uniform Building Code. PROJECT CLOSE OUT 22. Following the issuance of the Certificate of Substantial Completion of the project or designated portions thereof evaluate the completion of the work of the contractor and make recommendation to the Public Works Department when the work is ready for final inspections. Coordinate and conduct final inspections with the Public Works Department,the Architect,and the Building Official. 23. Secure and transmit to the Public Works Department and Architect required guarantees, affidavits, releases,bonds, and waivers. Coordinate delivery of all keys, manuals,record drawings,and maintenance stocks to the Public Works Department C4-10 Exhibit B CONTRACT PERFORMANCE TERMS ..x�.,.� 1'. .Si. A 1. Business Tag. Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805)781-7134. 2. Ability to Perform. Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 3. Laws to be Observed. Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes which Contractor is required to pay. 5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 6. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences,temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Contractor Non-Discrimination. In the performance of this work,Contractor agrees that it will not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 11. Work Delays. Should Contractor be obstructed or delayed in the.work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the C4-11 Exhibit B Contract Performance Terms Page B-2 time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Contractor(Net 30). 13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 15. Interests of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise,which would conflict in any manner or degree with the performance of the work hereunder. Contractor further covenants that, in the performance of this work,no sub-contractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that,in the performance of the work hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 16. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same,provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City,its agents,officers or employees. 17. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the City, including those provided through subcontractors, are "Year 2000 compliant." For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully function, fault-free, before, at and after the Year 2000, without interruption or human intervention; and if applicable, any data outside of the date range 1990- 1999, including leap years, will be correctly processed in any level of computer hardware or software, including,but not limited to, microcode, firmware, application programs, files and data bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability, otherwise provided by the Contractor. Upon request by the City,the Contractor will provide the City with a description of its Year 2000 compliance strategy,or statement of why this is not relevant to contract performance. 18. Contract Assignment. Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. C4-12 Exhibit B Contract Performance Terms Page B-3 19. Termination. If, during the term of the contract, the City determines that Contractor is not faithfully abiding by any term or condition contained herein, the City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any further duties,obligations, responsibilities,or rights under the contract. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Contractor shall be based solely on the City's assessment of the value of the work- in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its proposal. 20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by Contractor as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by Contractor without the prior written approval of the City . 22. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what Contractor is required to furnish in limited quantities as part of the work or services under these specifications, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 23. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 24. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees,or sub-contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: C4-13 Exhibit B Contract Performance Terms Page B-4 • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,code 1 (any auto). • Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. • Errors and Omissions Liability insurance as appropriate to Contractor's profession. b. Minimum limits of insurance. Contractor shall maintain limits no less than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: • The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. • For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers,officials, employees,agents or volunteers. • Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C4-14 Exhibit B Contract Performance Terms Page B-5 • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail,return receipt requested,has been given to the City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. f. Verification of coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. C4-15