HomeMy WebLinkAbout12/6/2006 - STAFF REPORTS - 2.K. c
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CITY COUNCIL STAFF REPORT
DECEMBER 6, 2006 CONSENT CALENDAR
Subject: APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH DAVID
EVANS AND ASSOCIATES, INC., FOR THE GENE AUTRY TRAIL
GATEWAY LANDSCAPING IMPROVEMENT, CITY PROJECT 06-03
' From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City received a $1,374,755 Transportation Enhancement (TE) grant for construction
of a new, landscaped gateway entry at the Gene Autry Trail/Vista Chino intersection.
The proposed contract with David Evans and Associates will provide the City with
professional landscape architecture and engineering design services to prepare
construction documents for this project.
RECOMMENDATION:
1) Adopt Minute Order No. "APPROVING AGREEMENT NO. _ WITH
DAVID EVANS AND ASSOCIATES, INC., IN THE. AMOUNT OF $231,745 FOR
THE GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENT, CITY
PROJECT NO. 06-03;" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On June 8, 2005, the Riverside County Transportation Commission (RCTC) released a
Call for Projects using federal funds made available through the Transportation
Enhancement (TE) Program. The TE Program provides federal funds for transportation
related projects that enhance the quality of life, in or around transportation facilities. TE
funds are apportioned to the State and are included in the State Transportation
Improvement Program (STIP). On September 29, 2005, RCTC adopted the STIP Fund
Estimate, which indicated a TE target amount of $18.8 million available for TE
programming in the STIP. However, three previously approved TE funded projects
totaling $12 million will be funded with the new STIP funding, leaving $17.6 million
available in RCTC's first call for TE funded projects since October 1999.
ITEM NO. ti
City Council Staff Report
December 6, 2006- Page 2
Gene Autry Trail Gateway Landscaping— DEA Design Contract
On August 29, RCTC received 32 project applications requesting $32 million in TE
funds — $14.4 million over the TE funds available. After an exhaustive and competitive
process at the TAC meeting, following final scoring of the submitted project applications,
a recommendation was made for TE funding of 18 project applications, including the
Gene Autry Trail Gateway Landscaping Improvements, submitted by the City of Palm
Springs.
This project will provide landscaping of the new median to be constructed on Gene
Autry Trail between Vista Chino and Via Escuela (as part of the Gene Autry Trail
widening project), including the adjacent parkways, as well as creating a "Gateway"
entry monument sign and landscaped area at the southwest corner of Vista Chino and
Gene Autry Trail. It is necessary to obtain professional services from a landscape
architect and engineering design team to prepare the construction documents for this
project.
Staff prepared a Request for Proposals (RFP) for landscape architecture and
engineering design services to solicit consultants for this project. The RFP was
published and made available to firms through the City's Division of Procurement and
Contracting, and by the September 7, 2006, deadline, proposals from the following firms
were received:
Community Works Design Group; Riverside, CA
David Evans and Associates, Inc.; Ontario, CA
Land Images; Los Angeles, CA
P&D Consultants; San Diego, CA
RJM Design Group; San Juan Capistrano, CA
Following review of the proposals by a Selection Committee, the Selection Committee
determined a ranking of the top two firms, and arranged formal interviews with David
Evans and Associates, Inc. and RJM Design Group. Following formal interviews, the
Selection Committee made a final selection of David Evans and Associates, Inc. The
determination was based on the firm's experience with the design of similar projects,
their local experience, and the conceptual design drawings prepared in advance for the
formal interview.
The Engineering Department has prepared the recommended contract services
agreement in the amount of $231,745, which provides the City with complete landscape
architecture and engineering design services for this project. Following completion of
the services of this contract, staff will be provided with full construction documents
(plans, specifications, and estimate) for construction of the landscaping and other
aesthetic improvements.
0O�2
City Council Staff Report
December 6, 2006 - Page 3
Gene Autry Trail Gateway Landscaping— DEA Design Contract
FISCAL IMPACT: IFinance Director Review:
41
r/
Sufficient Funds are available in account 152-2460-51554.
David J. Barakian Thomas J. Wilqfi
Director of Public Works/City Engineer Assistant City Manager
David H. Ready
City Manager
ATTACHMENTS:
1. Agreement
2. Minute Order
ATTACHMENT
AGREEMENT
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
Gene Autry Trail Gateway Landscaping Improvement
City Project 06-03
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this day of , 2006, by and between the City of Palm Springs,
a California charter city, (herein "City") and David Evans and Associates, 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 forthe 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.
12 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 forthe 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 represents 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 ttie
facilities, difficulties and restrictions attending performance of the services under this Agreement.
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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,Contractorshall
immediately inform the City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work, and the equipment, materials, papers,
documents, plans, studies and/or other components thereof to prevent losses or damages, and
shall be responsible for all such damages, to persons or property, until acceptance of the work
by City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Both parties agree to act
in good faith to execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,
neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during the performance of
the services, without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Services or make changes by altering, adding to or deducting from said work. No such
extra work may be undertaken unless a written order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (1) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or
$25,000; whichever is less, or in the time to perform of up to one hundred eighty (180)days may
be approved by the Contract Officer. Any greater increases, taken either separately or
cumulatively must be approved by the City Council. It is expressly understood by Contractorthat
the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services or reasonably contemplated therein.
1.9 Special Requirements. Additional terms and conditions of this Agreement, if any,
which are made a part hereof are set forth in the "Special Requirements" attached hereto as
Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit"B" and any other provisions of this Agreement, the provisions in Exhibit"B"
shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit"C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of Two Hundred Thirty-One Thousand Seven Hundred Forty-Five Dollars .
($231,745.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of
compensation may include (i) a lump sum payment upon completion, (ii) payment in accordance
with the percentage of completion of the services, (iii)paymentfortime and materials based upon
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the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the
Contract Sum or (iv)such other methods as may be specified in the Schedule of Compensation.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs,telephone expense,transportation expense approved by the Contract Officer
in advance, and no other expenses and only if specified in the Schedule of Compensation. The
Contract Sum shall include the attendance of Contractor at all project meetings reasonably
deemed necessary by the City; Contractor shall not be entitled to any additional compensation
for attending said meetings. Contractor hereby acknowledges that it accepts the risk that the
services to be provided pursuant to the Scope of Services may be more costly ortime consuming
than Contractor anticipates, that Contractor shall not be entitled to additional compensation
therefore, and the provisions of Section 1.8 shall not be applicable for such services.
22 Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later
than the first (VI) working day of such month, Contractor shall submit to the City in the form
approved by the City's Director of Finance, an invoice for services rendered prior to the date of
the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated
thereon which are approved by City pursuant to this Agreement no laterthan the last working day
of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Contractor shall commence theservices pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all services within the
time period(s)established in the"Schedule of Performance"attached hereto as Exhibit"D", if any,
and incorporated herein by this reference. When requested by the Contractor, extensions to the
time period(s) specified in the Schedule of Performance may be approved in writing by the
Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of
any delays due to unforeseeable causes beyond the control and without the fault or negligence
of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually
severe weather,fires,earthquakes,floods,epidemics,quarantine restrictions,riots,strikes,freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
Contractor shall within ten (10) days of the commencement of such delay notify the Contract
' Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of the enforced
delay when and if in the judgment of the Contract Officer such delay is justified. The Contract
Officer's determination shall be final and conclusive upon the parties to this Agreement. In no
event shall Contractor be entitled to recover damages against the City for any delay in the
performance of this Agreement, however caused, Contractor's sole remedy being extension of
the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement,
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this Agreement shall continue in full force and effect until completion of the services but not
exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit "D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are hereby
designated as being the principals and representatives of Contractor authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
Kim Rhodes
It is expressly understood thatthe experience, knowledge, capabilityand reputation ofthe
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the
services hereunder. For purposes of this Agreement, the foregoing principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City.
42 Contract Officer. The Contract Officer shall be such person as may be designated
by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of the services and the Contractor
shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the Contract
Officer. The Contract Officer shall have authority to sign all documents on behalf of the City
required hereunder to carry out the terms of this Agreement, which approval shall not be
unreasonably withheld.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of Contractor, its principals and employees were a substantial
ind ucement for the City to enter into this Agreement. Therefore, Contractor shall not contract with
any other entity to perform in whole or in part the services required hereunder without the express
written approval of the City. In addition, neither this Agreement nor any interest herein may be
transferred,assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law,
whether for the benefit of creditors or otherwise, without the prior written approval of City.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting
in concert of more than twenty five percent (25%) of the present ownership and/or control of
Contractor, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Contractor or any surety of Contractor of any liability
hereunder without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available, to persons or entities with offices located in the Coachella Valley ("Local
Subcontractors"). Contractor hereby agrees to use good faith efforts to award Subcontracts to
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Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In
requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have
been made or that no Local Subcontractors are qualified to perform the work. Said good faith
efforts may be evidenced by placing advertisements inviting proposals or by sending requests for
proposals to selected Local Subcontractors, The City may consider Contractor's efforts in
determining whether it will consent to a particular subcontractor. Contractor shall keep evidence
of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
specified in Section 6.2.
4.4 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 herein. City shall have no voice in the
selection,discharge, supervision or control of Contractor's employees,servants, representatives
or agents, or in fixing their number, compensation or hours of service. Contractor shall perform
all services required herein as an independent contractor of City and shall remain at all times as
to City a wholly independent contractorwith 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. City shall not in any way orfor any purpose become
or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a
member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 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) Commercial General Liability Insurance. A policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of at least $1,000,000
bodily injury and property damage including coverages for contractual liability, personal injury,
independent contractors, broad form property damage, products and completed operations. The
Commercial General Liability Policy shall name the City of Palm Springs as additional insured in
accordance with standard ISO additional insured endorsementform CG2010(1185)orequivalent
language.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in
an amount which fully complies with the statutory requirements of the State of California and
which includes $1,000,000 employer's liability.
(c) Business Automobile Insurance. P, policy of business automobile liability insurance
written on a peroccurrence basis with a single limit liability in the amount of$1,000,000 bodilyand
property damage. Said policy shall include coverage for owned, non-owned, leased and hired _
cars.
(d) Additional Insurance. Additional limits and coverages, which may include professional
liability insurance, will be specified in Exhibit"B".
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All of the above policies of insurance shall be primary insurance and issued by companies
whose rating satisfies the requirements in Section 5.4 of this agreement. The insurer shall waive
all rights of subrogation and contribution it may have against the City, its officers, employees and
agents, and their respective insurers. 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 5.1 to the Contract Officer. No work or services under this
Agreement shall commence until the Contractor has provided the City with Certificates of
Insurance, endorsements or appropriate insurance binders evidencing the above insurance
coverages and said Certificates of Insurance,endorsements, or binders are approved bythe City.
The contractor agrees that the provisions of this Section 5.1 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 person for which the Contractor is otherwise responsible.
In the eventthe Contractor subcontracts any portion of the work in compliance with Section
4.3 of this Agreement the contract between the Contractor and such subcontractor shall require
the subcontractor to maintain the same polices of insurance that the Contractor is required to
maintain pursuant to this Section.
52 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, (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, operations or activities 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 arising from the
sole negligence or willful misconduct of the City, its officers,agents or employees,who are directly
responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'fees
incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers,
agents or employees for any such claims or liabilities arising out of or in connection with the
negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees are made a party to any
action or proceeding filed or prosecuted against Contractor for such damages,or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
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employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
5.3 Performance Bond. Deleted.
5.4 Sufficiency of Insurer. 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 's Key Rating Guide or in the Federal Register, unless such requirements
are waived by the City Manager or designee of the City Manager due to unique circumstances.
In the event the City Manager determines that the work or services to be performed under this
Agreement create an increased or decreased risk of loss to the City, the Contractor agrees that
the minimum limits of the insurance policies required by this Section 5 may be changed
accordingly upon receipt of written notice from the City Manager or designee; provided that the
Contractor shall have the right to appeal a determination of increased coverage by the City
Managerto the City Council of City within ten(10)days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned
about the cost of work and services to be performed pursuant to this Agreement. For this reason,
Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or
events that may or will materially increase or decrease the cost of the work or services
contemplated herein or, if Contractor is providing design services, the cost of the project being
designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance,
technique or event and the estimated increased or decreased cost related thereto and, if
Contractor is providing design services, the estimated increased or decreased cost estimate for
the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such books
and records as shall be necessary to perform the services required by this Agreement and enable
the Contract Officer to evaluate the performance of such services. The Contract Officer shall
have full and free access to such books and records at all times during normal business hours of
City, including the right to inspect, copy, audit and make records and transcripts from such
records. Such records shall be maintained for a period of three (3)years following completion of
the services hereunder, and the City shall have access to such records in the event any audit is
required.
6.3 Ownership of Documents. All drawings,specifications,reports, records,documents
and other materials prepared by Contractor, its employees, subcontractors and agents in the
performance of this Agreement shall be the property of City and shall be delivered to City upon
request of the Contract Officer or upon the termination of this Agreement. Contractor shall have
no claim for further employment or additional compensation as a result of the exercise by City of
its full rights of ownership of the documents and materials hereunder. Any use of such completed
documents for other projects and/or use of uncompleted documents without specific written
authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and
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the City shall indemnify the Contractorfor all damages resulting therefrom. Contractor may retain
copies of such documents for its own use. Contractor shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment to City any
documents or materials prepared by them, and in the event Contractor fails to secure such
assignment, Contractor shall indemnify City for all damages resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records, documents
and other materials prepared by Contractor in the performance of services under this Agreement
shall not be released publicly without the prior written approval of the Contract Officer_
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of California,
or any other appropriate court in such county. Contractor covenants and agrees to submit to the
personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement,the injured party
shall notify the injuring party, in writing, of its contentions by submitting a claim therefor. The
injured party shall continue performing its obligations hereunder so long as the injuring party
commences to cure such default within ten (10)days of service of such notice and completes the
cure of such default within forty-five (45)days after service of the notice, or such longer period as
may be permitted by the injured party; provided that if the default is an immediate danger to the
health, safety and general welfare, such immediate action may be necessary. Compliance with
the provisions of this Section shall be a condition precedent to termination of this Agreement for
cause and to any legal action, and such compliance shall not be a waiver of any party's right to
take legal action in the event that the dispute is not cured, provided that nothing herein shall limit
City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount
payable to Contractor(whether or not arising out of this Agreement) (i)any amounts the payment
of which maybe in dispute hereunder or which are necessary to compensate City for any losses,
costs, liabilities, or damages suffered by City, and (ii)all amounts for which City may be liable to
third parties, by reason of Contractor's acts or omissions in performing or failing to perform
Contractor's obligation under this Agreement. In the event that any claim is made by a third party,
the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which
shall appear to be the basis for a claim of lien, City may withhold from any payment due, without
liability for interest because of such withholding, an amount sufficient to cover such claim. The
failure of City to exercise such right to deduct or to withhold shall not, however, affect the
obligations of the Contractorto insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non-
defaulting 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
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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.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.6 Legal-Action. In addition to any other rights or remedies, either party may take legal
action, in law or in equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain declaratory or injunctive
relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Deleted.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination
of this Agreement except as specifically provided in the fallowing Section fortermination forcause.
The City reserves the right to terminate this Agreement at any time, with or without cause, upon
thirty (30) days written notice to Contractor, except that where termination is due to the fault of
the Contractor, the period of notice may be such shorter time as may be determined by the
Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any
time, with or without cause, upon sixty (60) days written notice to City, except that where
termination is due to the fault of the City, the period of notice may be such shorter time as the
Contractor may determine. Upon receipt of any notice of termination, Contractor shall
immediately cease all services hereunder except as may be specifically approved by the Contract
Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to
compensation for all services rendered prior to the effective date of the notice of termination and
for any services authorized by the Contract Officer thereafter in accordance with the Schedule of
Compensation or as may be approved bythe Contract Officer, except as provided in Section 7.3.
In the event the Contractor has initiated termination, the Contractor shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder.
In the event of termination without cause pursuant to this Section, the terminating party need not
provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract
or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of
the services required hereunder exceeds the compensation herein stipulated (provided that the
Qty shall use reasonable efforts to mitigate such damages),and City may withhold any payments
to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as
previously stated.
7.10 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
Page 9 of 23
prevailing party in such action or proceedin
g, in addition to any other relief which maybe granted,
whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall
include attorney's fees on any appeal, and in addition a party entitled to attorneys fees shall be
entitled to all other reasonable costs for investigating such action, taking depositions and
discovery and all other necessary costs the court allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. 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 orfor 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.
8.2 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.
8.3 Covenant Aciainst 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 shall take affirmative action to insure 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.
9.0 MISCELLANEOUS PROVISIONS
9.1 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. In the case of the Contractor, it
should be addressed to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with
the meaning of the language used and shall not be construed for oragainst either party by reason
of the authorship of this Agreement or any other rule of construction which might otherwise apply.
Page 10 of 23
9.3 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.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in 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 phrases, sentences, clauses, paragraphs,
or sections 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.
9.5 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.
(SIGNATURES ON FOLLOWING PAGE)
Page 11 of 23
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above
CITY OF PALM SPRINGS, a California charter
city
ATTEST-
By: By
City Clerk City Manager
APPROVED AS TO FORM-
BY:
City Attorney
CONTRACTOR: David Evans and Associates, Inc.
Check one:_Individual_Partnership_Corporation_Other(Specify)
By: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
(This Agreement must be signed in the above space by This Agreement must be signed in the above space by
one of the following:Chairman of the Board,President or one of the following:Secretary,Chief Financial Officer or
any Vice President) any Assistant Treasurer)
State of State of
County of Iss County of Iss
On On
before me, before me,
personally appeared personally appeared
personally known to me (or proved to me on the bans of personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)islam satsfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that subscribed to the within Instrument and acknowledged to me that
he/she/they executed the same In his/her/their authorized he/she/they executed the same in hislher/their authonzed
capacity(ies), and that by his/her/their signature(s) on the capaciry(ies), and that by his/her/their signature(s) on the
instrument the person(s),a the entity upon behalf of which the Instrument the parson(s),or the entity upon behalf of which the
person(s)acted,executed the instrument. person(s)acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal Notary Seal
Page 12 of 23
EXHIBIT "A"
SCOPE OF SERVICES
GENERAL. SCOPE—The intent of this contract is to provide the City with engineering design and
landscape architectural services to accomplish the installation of landscaping and associated
improvements within the future raised median on Gene Autry Trail between Vista Chino and Via
Escuela (approximately ''/< mile) including the adjacent 20 feet wide parkways; and landscaping
of the vacant parcel located at the southwest corner of Gene Autry Trail and Vista Chino (1.72
acres) to be used as a "passive park" and the location of a new Palm Springs gateway entry
monument ("Project"). The City's construction budget for this project is $1,400,000. The Scope
of Services as detailed herein shall provide the City with complete engineering design and
landscape architectural services necessary to prepare plans,specifications and estimates(PS&E)
with which to facilitate construction of the desired improvements within the specified budget.
PHASE 1: PRELIMINARY DESIGN CONCEPTS
Task 1 - Project Start Up Meeting
Contractor shall attend a start up meeting with City staff to discuss the design intent and visit the
project area to clarify field conditions and limits of work. This meeting will provide a thorough
review of the scope of services, objectives, design, maintenance requirements, method of
irrigation, limits of work, construction schedule, and budget. The Contractor shall discuss
proposed materials and infrastructure needs.
Task 2 - Gene Autry Trail Plan Review
Contractor shall perform data collection including obtaining record information and an inventory
of existing improvements prior to commencing work.
Task 3 Topographic Survey
Contractor shall perform utility and right-of-way research in preparation of the base mapping for
this project. This research will include searching for available record data (record maps, right-of-
way maps, centerline ties, corner records, benchmarks, utilities, existing improvement plans)
within or adjacent to the project limits. Contractor shall gather available information from the utility
purveyors regarding their facilities in the project area. This will permit these facilities to be
incorporated into the base map for the project. The City will provide a current title report for the
property identified by APN 677-220-016 to be surveyed at no cost to the Contractor. The title
report will be used to determine ownership and encumbrances upon the property.
After reviewing the site, Contractor shall perform an aerial topographic survey of the project site.
The proposed aerial topographic mapping will cover the project limits using the following
procedures:
• Utilizing existing CORS (Continuously Operating Reference Station), NGS and county of
Riverside horizontal and vertical control, Contractor shall establish a systematic network of
survey control points.The control points shall be established byGPS and conventional survey
methods and will include existing centerline intersections and aerial control panels for the
project.
Provide 20 scale, 0.5'contour interval aerial topographic map of the 1.7 acre project site(APN
677-220-016). Topographic mapping to include: roadway improvements (curb and gutter,
Page 13 of 23 r{)1(n
EXHIBIT "A"
SCOPE OF SERVICES
cross gutters, driveways, traffic signals, street lights), utility improvements (manholes, vaults,
meter boxes, power poles and guy wires), and other improvements (catch basins, walls,
fences, buildings).
Contractor shall provide one field day of survey for flight verification and to locate the existing
features and elevations in the conform areas of the project as defined by the project engineer.
The existing surface elevations will be taken in those areas where the new design joins the
existing improvements adjacent to the project.This data will allow Contractorto model the existing
condition of these conform areas.
From the survey and research data, Contractor shall prepare a base map for the project. The
base map will depict record right-of-way, existing utilities, record easements, and the aerial
topographic and record boundary as described above. No monuments will be set as part of this
scope of work. Note: underground utilities will be mapped by record public information only;
subsurface utilities that are not identified on existing record maps will not be shown.
Task 4 Project Area Base Sheets
Contractor shall prepare project area base maps for the proposed median and parkway
improvements on Gene Autry Trail from Vista Chino to Via Escuela, in addition to the vacant
property located at the southwest comer of Gene Autry Trail and Vista Chino(approximately 1.72
acres). Plans will be created from digital topographic and street plans provided by the City, or a
City designated consultant. Plans will be prepared at 1" =20'on 24"x 36"standard city title block
sheets in order to fully depict proposed elements.
Task 5 Preliminary Landscape Plans (Median and Parkway)
Contractor shall prepare a"story board"with a colored conceptual plan and representative photos
of key elements of the design's hardscape, perimeter wall, light fixtures, and plant palette. A 30"
x 42" "Story Board" with color rendered conceptual plan and decorative hardscape and plant
photos will be provided.
Task 5.1 Draft Conceptual Landscape Plan Review Meeting
Contractorshall attend a meeting with City staff to review the draft conceptual plan for the median
and parkways, and to receive initial comments and direction in which to proceed with the final
conceptual plan.This task assumes one meeting will be scheduled to review the draft conceptual
plan. This task includes 4 hours for Project Manager and 4 hours for Landscape Architect. If
additional meetings are required to review the draft conceptual plan, a contract amendment will
be negotiated.
Task 6 Preliminary Park Plan and Gateway Development
Contractorshall prepare two conceptual plans forthe improvements to the passive park and three
preliminary designs for the city gateway. Design features may include: picnic areas, walkways,
native planting areas, improved grading and drainage, new landscaping, public art / a primary
gateway component, and site lighting, as directed. The signage program is anticipated to work
Page 14 of 23
EXHIBIT "A"
SCOPE OF SERVICES
hand in hand with the final design and will be coordinated with the City for approval in concept.
Task 6.1 Draft Conceptual Park Plan and Gateway Review Meeting
Contractorshall attend up to three(3)meetings with City staff to reviewthe draft conceptual plans
for the park and gateway, and to receive initial comments and direction in which to proceed with
the final conceptual plans. This task assumes three (3) meetings will be scheduled to review the
draft conceptual plan. This task includes 12 hours for Project Manager, 12 hours for Landscape
Architect, and 8 hours for Hunt Design. If additional meetings are required to review the draft
conceptual plans, a contract amendment will be negotiated.
Task 7 Conceptual Plan Presentations
Contractor shall present plans to City staff and project team for review and comment. Revisions
will be made accordingly. Once any necessary revisions are complete, Contractor shall present
the concept to the Architectural Advisory Committee, Planning Commission, and City Council.
Any necessary revisions will be made in order to obtain a formal approval through the Major
Architectural Approval process including an additional City Council meeting if required. This task
assumes up to six separate presentations will be made throughout the preliminary design. Two
plan revisions are also included. Additional revisions will be addressed during the final design
phase. This task includes 24 hours for Project Manager and 24 hours for Landscape Architect.
If additional time is required for Conceptual Plan Presentations, a contract amendment will be
negotiated.
Task 7.1 2-D Visual Simulation
Contractor shall provide two-dimensional, colored, visual simulations. One visual simulation will
be provided to represent the median and parkway landscaping. Three visual simulations will be
provided to represent the park and gateway element. Contractor shall provide two (2) 11"x17"
color renderings for use in presentation materials of each simulation. Visual simulations shall be
provided in PowerPoint Presentation format for use in presentation at meetings.
Task 7.2 3-D Visual Simulation
Contractorshall provide one(1)three-dimensional,colored,visual simulation to represent the park
and gateway element at the southwest corner of Gene Autry Trail and Vista Chino. A digital,
three-dimensional"drive by"simulation of different vantage points of the comer shall be prepared.
Contractor shall provide 11"x17" color renderings of the three-dimensional "drive by' simulation
for use in presentation materials of the simulation. The visual simulation shall be provided in
PowerPoint Presentation format for use in presentation at meetings.
Task 8 Agency Coordination
Contractor shall coordinate with City staff, Caltrans District 8, Southern California Edison and the
Desert Water Agency (DWA) as required to determine the project constraints, landscape
guidelines, and operational / maintenance issues. This task also includes project management
and scheduling updates throughout the duration of the project. Contractor shall also coordinate
Page 15 of 23 C)
EXHIBIT "A"
SCOPE OF SERVICES
with Caltrans Permits (C.K. Chan) regarding encroachment permit processing as may be
necessary. Compliance with local, regional and state /federal agencies will also be addressed.
PHASE 2: FINAL DESIGN
Median and Parkways
Task 9 Precise Grading Plan
Contractorshall prepare a 1"=20'scale precise grading plan for the parkway improvements along
Gene Autry Trail depicting grading contours,slope,sidewalk improvements,area drains and block
wall elevations. The plan will be submitted to the city of Palm Springs for review and approval.
The scope and fee is based on 1,350 lineal feet of parkway improvements.
Task 10 Planting Plans
Upon receiving written authorization to proceed, Contractor shall prepare planting plans for the
Gene Autry Trail medians and parkways. Plans will include a plant legend indicating trees, palms,
shrubs, and ground covers, in addition to grading for berms (if desired)and information regarding
fines and decorative rock. The legend will indicate the botanical and common names, quantity,
size, remarks (such as variety and staking procedure). The plans will provide an integrated
palette of selected material, rock placement, hardscape and lighting.
Task 11 irrigation Plans
The final irrigation plans will provide the necessary information for a complete and fully automatic
drip irrigation system for the project. The plans will indicate the point(s)of connection based upon
Desert Water Agency (DWA) requirements, backflow prevention and pressure regulation (as
necessary), and equipment size and type in the irrigation legend. Contractorshall coordinate with
the DWA to obtain approvals prior to bidding.
Task 12 Electrical Plans
Contractor shall provide electrical/lighting plans for the proposed median planting. Plans will
indicate fixtures, conduit, wiring and pertinent information for a complete and fully operational
electrical/lighting system.
Task 13 - Construction Details
Construction details will be provided for planting, irrigation, lighting, fines and boulder/rock
placement.
Task 14 Construction Cost Estimate
Contractor shall prepare a final construction cost estimate in a per unit basis of proposed
improvements once the construction documents have been completed. This format will directly
match the contractor bid schedule for ease of comparison. The estimate will be in tabularform
Page 16 of 23
EXHIBIT "A"
SCOPE OF SERVICES
for each construction item showing quantity, unit, unit price, and total cost.
Task 15 Project Specifications
Contractorshall prepare technical specifications,in addition to modifying the boilerplate document
provided by the City.
Park and Gateway Plans
Task 16 Demolition Plan
Contractor shall prepare a demolition plan to depict items for removal; in addition to indicating all
features which should be protected in place.
Task 17 Site Plan/Construction Plan
This plan shall designate features of the proposed project including placement, detail references,
material and manufacturer callouts, general construction notes, and specific elements of the
overall design which are necessary for the proper construction of all items.
Task 18 Grading and Drainage Plan
Contractor shall prepare a 1"=20' scale grading and drainage plan for the 1.72 acre project site.
The plan will utilize the site plan for the base information and will depict vertical controls for the
proposed site features. The plan will depict on-site grading contours, finish surface elevations,
drainage patterns and drainage features for the site. The plan will consider ADA requirements
for accessibility. Drainage structures (catch basins, parkway drains, etc.)will be indicated.
Task 19 Planting Plans
The planting plan shall indicate location of trees, shrubs, groundcover, and turf. A planting legend
will denote symbols, botanical and common names, size,quantities, and remarks. Planting notes
shall be included as necessary.
Task 20 Irrigation Plans
The irrigation plan will identify the point of connection and meter location, irrigation equipment
location and type (backflow preventer, controller, gate valves, remote control valves, main line,
lateral lines, sleeves, and irrigation heads), irrigation equipment legend, notes, and all necessary
calculations for water usage (AB 325).
Task 21 Electrical/Lighting Plans
The final product includes electrical construction documents reflecting new site electrical service
including security walkway lighting,sign/gateway lighting,and powerfor new irrigation controllers.
Page 17 of 23
EXHIBIT "A"
SCOPE OF SERVICES
Task 22 City Gateway Plans
Contractor shall prepare detailed drawings and specifications for the preferred signage concept.
The drawings shall include typical standards for size, materials, and location (including, but not
limited to, those required by Caltrans). Note: structural engineering is excluded from this scope,
unless otherwise included by contract amendment as necessaryto prepare the final design of the
gateway concept chosen by the City.
Task 23 Project Specifications
Contractor shall prepare technical specifications for proposed items of construction.
Task 24 Construction Cost Estimate
Contractor shall prepare an estimate of quantities and probable construction costs for the items
of construction. The estimate will be prepared in spreadsheet and bid schedule format for
inclusion into the bid documents.
PHASE 3: CONSTRUCTION ADMINISTRATION
Task 25 Bid Assistance
Contractor shall provide bid assistance to include answering questions from prospective bidders,
bidder conference, participation in bid opening, bid analysis to determine lowest responsible
bidder and a pre-construction meeting. For the pre-construction meeting, Contractor shall identify
attendees, distribute an agenda (prepared with City staff), record and prepare minutes to be
distributed at a later date. This task includes 16 hours for Project Manager, 12 hours for
Professional Engineer, 4 hours for JCA Engineering, and 4 hours for Hunt Design. If additional
time for Bid Assistance is required, a contract amendment will be negotiated.
Task 26 Pre-Construction Meeting
Contractor shall help identify invitees, prepare and distribute agenda, chair the meeting and
take/distribute minutes.
Task 27 Construction Management
Contractor shall act as the City's representative during the construction phase, and advise and
consultwith the City in matters pertaining to the construction contract and clarification of plans and
specifications. Contractor shall visit the site weekly in order to become familiar with the progress
and quality of the work to determine that the construction is proceeding in accordance with the
plans. On the basis of such observation, Contractor shall inform the City as to the progress and
quality of the work. Contractor shall provide construction administration, as noted during the
course of construction including all contract information required by federal, state, and local
regulations to coordinate reimbursement of TE grant funds. This task includes 40 hours for
Project Manager, 60 hours for Landscape Architect, 20 hours for Professional Engineer, and 16
hours for Hunt Design. If additional time for construction management is required, a contract
Page 18 of 23
EXHIBIT "A"
SCOPE OF SERVICES
amendment will be negotiated.
Task 28 Shop Drawing Review
Contractor shall review and comment upon all shop drawings and submittals. This task includes
8 hours for Project Manager, 8 hours for Landscape Architect, 16 hours for JCA Engineering, and
4 hours for Hunt Design. If additional time is required for shop drawing review, a contract
amendment will be negotiated.
Task 29 Acceptance Inspection (Punch List)
i Contractor shall participate in a final walk-through and prepare a punch list. All punch list items
' to be completed prior to formal City acceptance of project. This task includes 12 hours for Project
Manager, 6 hours for Professional Engineer, 4 hours for JCA Engineering, and 4 hours for Hunt
Design. If additional time is required for the Acceptance Inspection (Punch List), a contract
amendment will be negotiated.
Task 30 As-Built Record Drawings
Contractor shall prepare record drawings from the contractor's redline as-built drawing at project
completion. This task includes 4 hours for Project Manager, 4 hours for Landscape Architect, 2
hours for Professional Engineer, 6 hours for Engineering Designer, 4 hours for Landscape
Designer, 12 hours for Cad Designer, and 16 hours for JCA Engineering. If additional time is
required for the As-Built Record Drawings, a contract amendment will be negotiated.
END OF EXHIBIT "A"
Page 19 of 23 11f 1�A�r
EXHIBIT "B"
SPECIAL REQUIREMENTS
Contractor has been selected 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 Million Four Hundred Thousand Dollars ($1,400,000) 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 by more than ten percent (10%),
Contractor agrees to revise the previous Designs, orto create new Designs, at no additional cost
to City, so that a new price can be negotiated or the Project can be re-bid 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.
As specified in Section 5.1 (d), Additional Insurance, the following insurance policy shall be
required:
Professional Liability Insurance. A policy of Professional Liability Insurance in an
amount not less than One Million Dollars ($1,000,000.00) per claim and in the
aggregate with respect to loss arising from the actions of the Contractor performing
professional services hereunder on behalf of the City.
Section 5.3, Performance Bond, is deleted.
END OF EXHIBIT "B"
b l r1�
Page 20 of 23
r
EXHIBIT "C"
SCHEDULE OF COMPENSATION
' Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor
shall be made no more frequently than monthly, and shall be based on costs per unit of work as indicated
herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata
portions thereof noted below,to a maximum of 75%of the lump sum task item fee until completion of such
task item, excluding those Tasks for which fees are paid on a time and materials basis as noted. Each
request for payment shall contain Conlractor's statement of the work or tasks completed or portion
performed,with supporting documentation. The determination of payment due shall be made based upon
the reasonable judgement of the Contract Officer.
Task Total
Lump Sum
PHASE 1 - PRELIMINARY DESIGN CONCEPTS
Task 1 Project Start Up Meeting $2,370,00
Task 2 Gene Autry Trail Plan Review $1,500.00
Task 3 Topographic Survey $14,965.00
Task 4 Project Area Base Sheets $4,760.00
Task 5 Preliminary Landscape Plans (Median and Parkway) $7,280.00
Task 5.1 Draft Conceptual Landscape Plan Review Meeting' $1,040.00
Task 6 Preliminary Park Plan and Gateway Development $18.960,00
Task 6.1 Draft Conceptual Park Plan and Gateway Review Meeting' $4,030.00
Task 7 Conceptual Plan Presentations' $6,240.00
Task 7.1 2-D Visual Simulation' $8,400.00
Task 7.2 3-D Visual Simulation' $15,000.00
Task 8 Agency Coordination $6,800.00 _
Phase 1 Subtotal $91,395.00
PHASE 2 -FINAL DESIGN
(Median and Parkways)
Task 9 Precise Grading Plan S9,160.00
Task 10 Planting Plans $11,440.00
Task 11 Irrigation Plans $11,760.00
Task 12 Electrical Plans $5,920.00
Task 13 Construction Details $1,840.00
Task 14 Construction Cost Estimate $2,440.00
EXHIBIT "C"
CONTINUES NEXT PAGE
Task 5.1 scope assumes 1 meeting,and includes 4 hours for Project Manager(@$1401hour)and 4 hours for
Landscape Architect(@$120/hour).Compensation Shall be made at hourly rates billed up to the Not To Exceed fee of
$1,040(unless otherwise increased by contract amendment).
2Task 6.1 scope assumes 3 meetings,and includes 12 hours for Project Manager(@$140/hour),12 hours for
Landscape Architect(@$120/hour),and 8 hours for Hunt Design(@$120/hour).Compensation shall be made at hourly
rates billed up to the Not To Exceed fee of$4,080(unless otherwise increased by contract amendment).
$Task 7 scope assumes 6 presentations, and includes 24 hours for Project Manager(@$140/hour)and 24
hours for Landscape Architect(@$120/hour).Compensation shall be made at hourly rates billed up to the Nat To Exceed
fee of$6,240(unless otherwise increased by contract amendment)
4Task 7.1 scope assumes two simulations at a maximum of$4,200 each. Final compensation for required
simulations shall be subject to future negotiation, up to the maximum agreed cost of$4.200 each.
5Task 72 Scope assumes one simulations at a maximum of$15,000. Final compensation for the required
simulation shall be subject to future negotiation, up to the maximum agreed cost of$15.000.
Page 21 of 23
EXHIBIT `V1
SCHEDULE OF COMPENSATION
Task 15 Project Specifications $2,910.00
(Park and Gateway Plans)
Task 16 Demolition Plan $2,560.00
Task 17 Site Plan/Construction Plan $6,680.00
Task 18 Precise Grading and Drainage Plan $8,520.00
Task 19 Planting Plan $5,800.00
Task 20 Irrigation Plan $6,160.00
Task 21 Electrical/Lighting Plans $5,080.00
Task 22 City Gateway Plans $6,560.00
Task 23 Project Specifications $6,060,00
Task 24 Construction Cost Estimate $2,500.00
Phase 2 Subtotal $95,390.00
PHASE 3 -CONSTRUCTION ADMINISTRATION
Task 25 Bid Assistance" $4,820.00
Task 26 Pre-Construction Meeting $2,370.00
Task 27 Construction Management' $17,420.00
Task 28 Shop Drawing Review' $4,480.00
Task 29 Acceptance Inspection (Punch List)9 $3,450.00
Task 30 As-Built Record Drawings10 $5 240.00
Phase 3 Subtotal $37,780.00
Reimbursable Expenses" $7,180.00
Grand Total of Contract $231,745.00
END OF EXHIBIT "C"
I
eTask 25 scope includes 16 hours for Project Manager(@ $140/hour), 12 hours for Professional Engineer
(@S135/hour),4 hours forJCA Engineering(@$120/hour),and 4 hours for Hunt Design(@S120/hour).Compensation
shall be made at hourly rates billed up to the Not To Exceed fee of$4,820 (unless otherwise increased by contract
amendment)-
7 Task 27 scope includes 40 hours for Project Manager(@ S140/hour), 60 hours for Landscape Architect
(@$120/hour), 20 hours for Professional Engineer (@$135/hour), and 16 hours for Hunt Design (@$120/hour).
Compensation shall be made at hourly rates billed up to the Not To Exceed fee of 517,420(unless otherwise increased
by contract amendment)-
Task 28 scope includes 8 hours for Protect Manager (@ $140/hour), 8 hours for Landscape Architect
(@$120/hour),16 hoursforJCA Engineering(@$120/hour),and 4hoursforHunt Design(@$120/hour).Compensation
shall be made at hourly rates billed up to the Not To Exceed fee of$4,480(unless otherwise increased by contract
amendment).
eTask 29 scope includes 12 hours for Project Manager(@ $140/hour), 6 hours for Professional Engineer
(@$135/hour),4 hours forJCA Engineering(@$120/hour),and 4 hours for Hunt Design(@$120/hour).Compensation
shall be made at hourly rates billed up to the Not To Exceed fee of$3,450 (unless otherwise increased by contract
amendment).
10Task 30 scope includes 4 hours for Project Manager (@ $140/hour), 4 hours for Landscape Architect
(@$120/hour),2 hours for Professional Engineer(@$135/hour),6 hours forEngineering Designer(@$115/hour),4 hours
for Landscape Designer (@$go/hour), 12 hours for CAD Designer (@80/hour), and 16 hours for JCA Engineering
(@S120/hour). Compensation shall be made at hourly rates billed up to the Not To Exceed fee of$5,240 (unless
otherwise increased by contract amendment).
11 Reimbursable expenses will be paid Far the expenses incurred(without s mark-up),upon submittal of receipts
for expenses with monthly progress invoices,not to exceed the contract amount of$7,180.
Page 22 of 23
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
City and Contractor hereby mutually agree that the nature of the scope of services associated with
this Contract, and the requirement to coordinate and obtain approvals by other agencies, may
cause the term of this contract to exceed initial project schedule estimates. The term of this
contract shall automatically extend until such time as required approvals are obtained and all
services identified in Exhibit "A" are completed.
Forthe purposes of this contract,the Contractor's initial Project Schedule,submitted with its Work
Proposal (dated September 7, 2006) shall be incorporated herein by reference. Contractor
agrees to comply with its initial Project Schedule, as follows:
' Tasks 1 and 2 shall be completed within 1 month of Notice to Proceed.
Tasks 3 and 4 shall be completed within 2 months of Notice to Proceed.
' Task 5 shall be completed within 3 months of Notice to Proceed.
Tasks 6 and 7 shall be completed within 4 months of Notice to Proceed.
Task 8 shall be completed as necessary throughout the duration of the project.
Tasks 9, 10 and 11 shall be completed within 2 months of City approval of Conceptual Plans.
' Tasks 12 and 13 shall be completed within 3 months of City approval of Conceptual Plans.
Tasks 14 and 15 shall be completed within 4 months of City approval of Conceptual Plans.
' Task 16 shall be completed within 2 months of City approval of Conceptual Plans.
Task 17 shall be completed within 4 months of City approval of Conceptual Plans.
' Task 19 shall be completed within 5 months of City approval of Conceptual Plans.
Tasks 18, 20, and 22 shall be completed within 6 months of City approval of Conceptual Plans.
' Tasks 21, 23, and 24 shall be completed within 7 months of City approval of Conceptual Plans.
Tasks 25 through 30 shall be completed as necessary throughout the construction of the project.
A revised Project Schedule shall be submitted to the City for review and approval at the Project
Start Up Meeting, at which time it shall be incorporated herein by reference.
Note: The Schedule of Performance is subject to external factors that may be beyond the
Contractor's control (i.e. City review of deliverables, Agency review of plans, etc.). To the extent
that Section 7.7, "Liquidated Damages,"maybe exercised by City as specified herein,the number
of days considered for liquidated damages shall be limited to those working days where delay of
deliverables is solely attributed to Contractor, and not a result of any external factors beyond
Contractor's control.
END OF EXHIBIT "D"
i
Page 23 of 23 `
' ATTACHMENT
MINUTE ORDER
MINUTE ORDER NO.
APPROVING AGREEMENT NO. _ WITH DAVID
EVANS AND ASSOCIATES, INC., IN THE AMOUNT
OF $231,745 FOR THE GENE AUTRY TRAIL
GATEWAY LANDSCAMNG IMPROVEMENT, CITY
PROJECT NO, 06-03
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that
this Minute Order approving Agreement No. with David Evans and
Associates, Inc., in the amount of $231,745 for the Gene Autry Trail Gateway
Landscaping Improvement, City Project No. 06-03, was adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the
6th day of December, 2006.
James Thompson, City Clerk