HomeMy WebLinkAbout9/6/2000 - STAFF REPORTS (7) DATE: September 6, 2000
TO: City Council
FROM: Assistant City Manager-Special Projects
BUCCINO CONTRACT- LANDSCAPE ARCHITECT- RAMON LANDSCAPE
RECOMMENDATION:
It is recommended that the City Council approve a short form Professional Services
Agreement with Michael Buccino Associates for architectural design services related
to the Airport's Ramon Road frontage landscape project.
BACKGROUND:
In 1998, the Airport employed Michael Buccino to design the Airport access road
islands landscape as well as landscape signage program for the Ramon frontage.
The access road islands were constructed and landscaped under Mr. Buccino's
direction; however, the Ramon frontage work was postponed until the major
reconfiguration of the Ramon/Gene Autry intersection was completed. That
reconfiguration project has been awarded and construction should be completed by
Thanksgiving.
TheAirport anticipated the intersection improvements and budgeted in 2000/01 forthe
Ramon frontage landscape and signage improvements. Staff has contacted Michael
Buccino to seek a proposal to update the plans and specs (final design of the
Ramon/Gene Autry intersection and fencing changes on the Airport have resulted in
some previously assumed dimensions changing) and to provide
construction/installation oversight. The proposal can be summarized as follows:
Plan Update $8,000.
Oversight $20,000.
Reimbursabl'es @ cost plus 10% $2,000.
Not to exceed amount 30 000.
Capital funds are budgeted in account number 415-6400-56032, "Ramon Road
Landscape." This item is on the Airport Commission meeting of September 6, 2000,
to expedite the project and their action will be reported to City Council at the Council
meeting. A Minute Order is attached for City Council consideration.
ALLEN F. SMOOT, AAE
Assistant City Manager-Special Projects
APPROVED -��
City Manager f
ATTACHMENT- Minute Order
REVIEWED BY DEPT.OF FINANCE
A
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
LANDSCAPE ARCHITECTURAL SERVICES
(SHORT FORM)
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into
this _ day of , 2000, by and between the CITY OF PALM SPRINGS, a municipal corporation
(herein "City") and MICHAEL BUCCINO ASSOCIATES (herein "Contractor"). (The term Contractor
includes professionals performing in a consulting capacity).
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of this
Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached
hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services
set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner.
1.2 Compliance With Law. All work and 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 of competent jurisdiction.
1.3 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.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor
shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B"
and incorporated herein by this reference, but not exceeding the maximum contract amount of Thirty
Thousand Dollars ("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the terms of
this Agreement, Contractor shall be paid as outlined in Exhibit "B", Schedule of Compensation.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Michael Buccino is hereby designated as being the
principal and representative of Contractor authorized to act in its behalf with respect to the work and
services specified herein and make all decisions in connection therewith.
3.2 Contract Officer. Assistant City Manager-Special Projects is hereby designated
as being the representative the City authorized to act in its behalf with respect to the work and services
specified
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herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City
shall have the right to designate another Contract Officer by providing written notice to Contractor.
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract
with any entity to perform in whole or in part the work or services required hereunder without the express
written approval of the City. Neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of City. Any such
prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which Contractor, its agents or employees, perform the
services required herein, except as otherwise set forth. Contractor shall perform all services required
herein as an independent contractor of City and shall remain under only such obligations as are consistent
with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City.
4.0 INSURANCE AND INDEMNIFICATION
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement including any
extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per occurrence basis in an amount not less than either (i)
a combined single limit of$1,000,000.00 or (ii) bodily injury limits of$500,000.00 per person,
$1,000,000.00 per occurrence and$1,000,000.00 products and completed operations and property
damage limits of$500,000.00 per occurrence. If the Contract Sum is greater than $500,000.00,
the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for both the Contractor and the City against any
loss, claim or damage arising from any injuries or occupational diseases occurring to any worker
employed by or any persons retained by the Contractor in the course of carrying out the work or
services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than either (i) bodily injury
liability limits of$500,000.00 per person and$1,000,000.00 per occurrence and property damage
liability limits of$250,000.00 per occurrence and$500,000.00 in the aggregate or (ii) combined
single limit liability of$1,000,000.00. Said policy shall include coverage for owned, non-owned,
leased and hired cars.
(d) Additional Insurance: Policies of such other insurance, including Professional
Liability Insurance, as may be required in the Scope of Services, Exhibit "A".
All of the above policies of insurance shall be primary insurance and shall name the City, its
officers, employees and agents as additional insureds, except that the City shall not be named as an
additional insured for the Worker's Compensation Insurance nor the Professional Liability Insurance. The
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insurer shall waive all rights of subrogation and contribution it may have against the City, its officers,
employees and agents and their respective insurers. All of said policies of insurance shall provide that said
insurance may not be amended or canceled without providing thirty (30) days prior written notice by
registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor
shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section
4.1 to the Contract Officer. No work or services under this Agreement shall commence until the
Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing
the above insurance coverages and said Certificates of Insurance or binders are approved by the City.
The Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in
any way the extent to which the Contractor may be held responsible for the payment of damages to any
persons or property resulting from the Contractor's activities or the activities of any person or persons for
which the Contractor is otherwise responsible.
The insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide,
The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or
better, unless such requirements are waived by the City Manager or designee of the City due to unique
circumstances.
4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any and all actions, suits,
claims,damages to persons or property,losses,costs,penalties, obligations,errors,omissions or liabilities,
including paying any legal costs,attorneys fees, or paying any judgment(herein "claims or liabilities")that
may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent
performance of the work or services of Contractor, its agents, employees, subcontractors, or invitees,
provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising
from Contractor's negligent performance of or failure to perform any term, provision, covenant or
condition of this Agreement, but excluding such claims or liabilities to the extent caused by the negligence
or willful misconduct of the City.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this
Agreement shall continue in full force until June 2001.
5.2 Termination Prior to Expiration of Term. Either party may terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party.
Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services
hereunder except as may be specifically approved by the Contract Officer. In the event of termination by
the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness
of the notice of termination and for such additional services specifically authorized by the Contract Officer
and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that,by and for itself, its
heirs, executors, assigns and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color, creed,
religion, sex,marital status, national origin, or ancestry in the performance of this Agreement. Contractor
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shall take affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, marital status, national origin or
ancestry.
6.2 Non-liabilityof Officers and Bm 1p ovees. No officer or employee of the City
shall be personally liable to the Contractor, or any successor in interest, in the event of any default or
breach by the City or for any amount which may become due to the Contractor or to its successor, or for
breach of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give
any third party any money or other consideration for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person shall be
in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the
City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743,
Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated
on the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in accordance with
the meaning of the language used and shall not be construed for or against either party by reason of the
authorship of this Agreement or any other rule of construction which might otherwise apply.
6.6 Integration; Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and
all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and
none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
6.7 Severability. In the event that part of this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared
as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid
provision is so material that its invalidity deprives either party of the basic benefit of their bargain or
renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A
party's consent to or approval of any act by the other party requiring the party's consent or approval shall
not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent
act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend
or made a party to any action or proceeding in any way connected with this Agreement, the prevailing
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party in such action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.
6.10 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party
is formally bound to the provisions of this Agreement, and(iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound.
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date
first written above.
ATTEST: CITY OF PALM SPRINGS
a municipal corporation
By
City Clerk City Manager
APPROVED AS TO FORM:
City Attorney
CONTRACTOR: I�_�j
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(Corporations require two signatures: One from each of the Following: A. Chairman of Board,President,
any Vice President: AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief
Financial Officer).
End of Signatures
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The information requested below and in the column to the right is OPTIONAL. (TITLES)
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EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall perform the following services all related to the Airport Ramon Road frontage landscape
project:
l. To update the working drawings for the Landscape construction and Installation along Ramon Road
Airport frontage and prepare bid package with City provided"front-end" specification documents.
Contractor to review the existing working drawings from the project and rework the drawings as
necessary to enable construction of the landscape design with the elimination of the reflecting pool
west of the Airport entry road. This work will consist of the following plan updating: layout plans,
construction detail plans, lighting plans, irrigation plans, planting plans and specifications.
2. To provide construction oversight of the landscape installation. During construction phase,
contractor to perform architectural construction administration related to submittals, materials
selection, contractor billing review and change order development and evaluation. Also,
contractor will make periodic site visits of at least three times weekly during construction to see
that work is being carried out in accordance with the plans & specifications.
The plan preparation will be completed within five (5) weeks of the Notice to Proceed. The construction
oversight will correspond to the actual construction contract which will not begin until the Ramon/Gene
Autry intersection reconstruction project is complete.
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
Contractor shall be compensated on a monthly basis based on the percentage of work completed in the
following areas:
1. Plan & Specifications Update $ 8,000 Lump Sum
2. Construction Oversight $20,000 Lump Sum
3. Reimbursables @ cost plus 10% 2,000 Maximum
Total Maximum Compensation $30,000
Travel authorized by owner outside of the desert area shall be reimbursable @ 310/mile.
Should it be necessary to perform services outside this Scope of Service, the services will be rendered
following City's approval, in accordance with the following rates:
Landscape Architect Principle's Time $115.00
Landscape Architect Assistant's Time $ 65.00
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MINUTE ORDER NO.
APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH MICHAEL BUCCINO
ASSOCIATES FOR DESIGN AND
CONSTRUCTION/INSTALLATION
OVERSIGHT FOR THE AIRPORT RAMON
FRONTAGE LANDSCAPE PROJECT IN AN
AMOUNT NOT TO EXCEED $30,000.
HEREBY CERTIFY that this Minute Order, approving a Professional
Services Agreement with Michael Buccino Associates for design and
construction/installation oversight for the Airport Ramon frontage landscape
project in an amount not to exceed $30,000,was adopted by the City Council
fo the City of Palm Springs, California, in a meeting thereof held on the 61"day
of September 2000.
PATRICIA A. SANDERS
City Clerk
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