HomeMy WebLinkAbout1/15/2003 - STAFF REPORTS (15) DATE: JANUARY 15, 2003
TO: CITY COUNCIL
FROM: DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT
APPROVAL OF A CONTRACT WITH O'DONNELL + ESCALANTE ARCHITECTS OF
PALM SPRINGS FOR ARCHITECTURAL SERVICES FOR A PROPERTY LOCATED
AT 2901 NORTH PALM CANYON DRIVE, THE FORMER TRAMWAY GAS STATION
RECOMMENDATION:
It is recommended that the City Council approve a contract with O'Donnell +
Escalante Architects for architectural services for a property located at 2901
North Palm Canyon Drive, the former Tramway Gas Station, for conversion to the
City's Visitors Center, in an amount not to exceed $125,000; and, a budget
resolution appropriating the funds necessary to execute the contract.
SUMMARY:
City Council approved the acquistion of the former Tramway Gas Station at its
December 4, 2002 meeting. The transaction has now closed escrow and the
City owns the property. Given the relatively tight timeframe (the lease on the
current Visitors Center expires on October 31, 2003), Council directed staff to
proceed quickly on securing an architect to begin the process of converting the
current facility to a Visitors Center so that Tourism could begin moving in in late
September. Staff undertook an Informal RFQ process and invited three local
architecture firms to respond. After a review of the responses and and interview
process, staff recommends the firm of O'Donnell + Escalante of Palm Springs to
undertake the project. The firm demonstrated a clear understanding of the task
described in the RFQ and, while a relatively young firm, has strong modernist
credentials. The contract would be not to exceed $125,000, though that amount
is based on a considerable capital investment of over $800,000. A more modest
project would yield a lower architecture fee.
BACKGROUND:
City Council approved the acquistion of the former Tramway Gas Station at its
December 4, 2002 meeting. The transaction has now closed escrow and the
City owns the property. Council directed staff in late November to start working
on securing an architect for the project, as the project has a very tight timeframe.
Community & Economic Development staff undertook an informal RFQ process
and invited three local architects to respond with their credentials and a brief
narrative approach to solving a number of the design challenges faced by the
project. Those firms included:
1. Francisco Urrutia Architects, Palm Desert
2. WWCOT, Palm Springs
3. O'Donnell + Escalante Architects, Palm Springs
All of the firms have strong modernist credentials. In en the historic status of the
building, special sensitivity is necessary in accommodating any proposed design
solution. The special areas of concern identified in the RFQ were:
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1. Building Space. Currently, the Visitor Center shares approximately 3,850
s.f. with the Agua Caliente Band of Cahuilla Indians at a location at 2771
North Palm Canyon Drive: the breakdown is that the City occupies about
2,000 s.f. and the Tribe occupies 1,850 s.f. The City's space is divided
between office uses (about 40%), which are primarily to handle phone-
and on-line inquiries, and a retail/information space (about 60%). The
Tribe's portion of the Center is mostly passive displays: they occasionally
have a staffer or volunteer work at the center, and their section features a
TV/VCR on which they show a cultural/historical video. The space in the
Tramway Gas Station building is estimated at less than 2,300 s.f., which
will require "reprogramming" or streamlining of space in the new Center,
or the addition of new space.
2. Restrooms. There is one restroom in each area of the current Visitors
Center. While there are two newly-upgraded restrooms in the building,
Tourism officials have expressed concern that two restrooms has proven
to be inadequate for the volume of traffic the Center currently receives,
and will be grossly inadequate for the expected increase in traffic in the
new Center. In addition, the Tramway Gas Station building is not
connected to the sewer, but remains on a septic system.
3. Wall Space Revenue. Of considerable importance is the fact that
Tourism rents wall space (for posters) to local hotels, restaurants, and
attractions. This "space rent" represents a revenue stream that helps to
offset the operational cost to the center. However, two of the walls of the
Tramway Gas Station — on the northwest elevation and the southeast
elevation — are entirely glass. With the exception of the restrooms, which
are entered from a smaller corridor created by a partial wall, the interior
space is open.
4. Burnett Master Plan. From a contractual perspective, the City will commit
to considering Burnett's master plan in its plans for the new Center.
Burnett Development has proposed to master plan the adjacent site with
visitor-related uses, including retail and, potentially, other specialized
visitor centers for the Tribe, the Tram, or the National Monument. Part of
the master-planning concept, though, is that the boundaries of the
Tramway Gas Station site may change to accommodate other, adjacent
uses. The City is committed to preserving the Frey building structure and
enough of the site to preserve its free-standing context.
5. Existing Improvements. Most of the building systems are new, having
been installed just a few years ago by Montana St. Martin's gallery. Part
of the improvements made to create the gallery, however, was the
addition of a substantial perimeter wall around the entire site. The issue
of whether to keep any of the wall will be of great interest to those
concerned about the building, though there may be good reasons fro
keeping some of it.
6. Site Upgrades. There is currently only a decomposed granite parking lot
adequate to only hold six cars, there is little or no site landscaping (with
the exception of the exotic grass along the perimeter wall), there is no
ingress/egress from Highway 111 (which is under Caltrans jurisdication),
and signage will be a special challenge.
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Proposals were received by December 6, 2002 and interviews were conducted
the following week, on Thursday, December 12. The review panel was
comprised of the Director of Community & Economic Development, the
Downtown Development Director, and the Director of Planning & Zoning. Based
on the review panel's analysis of the submittals and the interview scores, the
panel recommended that the City select O'Donnell + Escalante Architects of
Palm Springs. The scoring was as follows:
Rank Firm Name Score
1 O'Donnell + Escalante Architects 92.00
2 Francisco Urrutia Architects 90.67
3 WWCOT 84.00
Because a project budget has not been prepared, nor have any of the
programming decisions been made, the first task in the Scope of Work will be for
the Architect to interview all of the users of the facility and other stakeholders
(including Tourism, other interested agencies, the Modernist community, the
adjacent developer, and City Council, among others) to determine a feasible
design solution to the problems identified above and a project budget. Once a
conceptual design and cost estimate has been developed, it will be presented at
a public meeting for the City Council to review and approve them to proceed to
the design phase. The architect shall prepare all construction documents for the
entitlement process, as well as for bidding the construction of the project.
Finally, the architect shall provide construction observation services during the
construction phase and a post-occupancy evaluation.
Using a baseline figure of $250,000 in improvements as a guideline for the
purpose of proposing a contract, the architect has proposed a flat fee of $37,500
for the basic design work of the Visitors Center, plus a percentage of any
construction cost over that amount that would vary, depending on the design
option selected:
Estimated Professional &
Construction Development Total
Total Area Cost Fees** ' Costs
Basic Visitors Center Scope of Work 2,300 s.f. $250,000 $57,500 $307,500
Option#1—Existing Center plus 3,500 s.f. $500,000 $90,000 $590,000
Restrooms
Option#2—Option#1 plus Additional 5,000 s.f. $800,000 $125,000 $925,000
Retail Space
** Professional Development Fees include professional service fees and estimated City Pla
Check and Review Fees
COMPENSATION FEE SCHEDULE Amount % of fee Cumulative Total
Total Contract
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Pre-desi n/Schematic Design Phase
Start-Up Fe $3,750 10% $3,750
Pre-design/Schematic Design Phase $7,500 20% $11,250
Completion of Entitlements Phase
Design Development Phase $3,750 10% $3,750
Construction Documents Phase
Construction Documents Phase $11,250 30% $26,250
Construction Procurement Phase
Construction Procurement Phase $1,875 5% $28,125
Construction Administration Phase
Construction Administration Phase $7,500 20% $36,625
Post-Occupancy Evaluation Phase
Post-Occupancy Evaluation Phase $1,875 1 5% 1 $37,500
The flat fee of $37,500 represents 15% of the project cost of a $250,000 project.
If the City chose Option #1 (The basic improvements to the Existing Center plus
Restrooms) the fee would be the $37,500 plus 12% of the additional construction
costs. If the City chose Option #2 (Option #1 plus Additional Retail Space) the
fee would be the $37,500 plus 10% of the additional construction costs. Those
costs are reflected in the table above.
The Contract lists a schedule of reimbursable expenses, which should not be
more than $3,000-$4,000 (which the exception of a wood- or computer-
generated model, which would be more).
A budget resolution is included to cover the contract from the City's General
Fund Reserve. The total project cost including acquisition will likely exceed
$1,000,000. As an alternative to using cash, the project could be financed via a
short-term lease obligation or added on to the Convention Center Expansion
bond issue.
Joh S. Ray d
'Director of Community& Economic Development
APPROVED:
City Manager %
ATTACHMENTS:
1. Contract for Architectural Services
2. Minute Order
3. Budget Resolution REVIEWED BY DEPT. OF FINANCE
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CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
ARCHITECTURAL DESIGN SERVICES
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and
entered into this day of January, 2003, by and between the CITY OF PALM
SPRINGS, a municipal corporation, (herein "City") and O'DONNELL + ESCALANTE
ARCHITECTS (herein "Architect"). (The term Architect 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 Architect 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, Architect represents that it
is experienced in performing the work and services contemplated herein, and that it can
and will at all times perform hereunder in a first class, professional manner, meaning
that Architect's services shall be satisfied in accordance with standards of practice
recognized for architectural firms of similar size, quality, experience and expertise as
Architect, performing similar work under similar circumstances.
1.2 Architect's Proposal. The Scope of Service shall include the
Architect'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 applicable 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. Architect shall obtain at
its sole cost and expense such professional licensees, permits and approvals as may be
required by law to perform the professional services required of Architect by this
Agreement. Architect shall assist the general contractor in, but not be responsible for,
obtaining building permits. Architect 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 Architect'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.
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1.5 Familiarity with Work. By executing this Contract, Architect
represents that Architect (a) has thoroughly investigated and considered the scope of
services to be performed, (b) has carefully considered how the services should be
performed, and (c) fully understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement. If the services involve work upon
any site, Architect represents that Architect 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 Architect discover any latent or unknown conditions,
which will materially affect the performance of the services hereunder, Architect shall
immediately inform the City of such fact and shall not proceed except at Architect's risk
until written instructions are received from the Contract Officer.
1.6 Care of Work. The Architect, its employees, consultants and
subcontractors shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to Architect's work, materials, papers, documents, plans,
studies and/or other instruments of Architect's services 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 or its
employees, other contractors or other consultants, or its 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 Architect, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which
said adjustments are subject to the written approval of the Architect. Any increase in
compensation of up to five percent (5%) of the Contract Sum or $5,000; 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 Architect that the
provisions of this Section shall not apply to services specifically set forth in the Scope of
Services or to those services that are reasonably necessary for the completion of the
services within the Scope of Services. Architect hereby acknowledges that it accepts
the risk that the services to be provided pursuant to the Scope of Services may be more
costly or time consuming than Architect anticipates and that Architect shall not be
entitled to additional compensation therefore.
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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 of Exhibit "B" shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this
Agreement, the Architect 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 One Hundred Twenty-
Five Thousand Five Hundred Dollars ($125,500) (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) payment for time and materials based upon the Architect'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 Architect
at all project meetings that Architect is reasonably notified of and that are reasonably
deemed necessary by the Contract Officer, the Project Manager or the City Manager;
Architect shall not be entitled to any additional compensation for attending said
meetings.
2.2 Method of Payment. Unless some other method of payment is
specified in the Schedule of Compensation, in any month in which Architect wishes to
receive payment, no later than the first (1st) working day of such month, Architect 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 Architect for all expenses stated thereon which are approved by City
pursuant to this Agreement no later than 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 and Architect understands that it shall perform its services in a prompt and
efficient manner pursuant to the terms hereof.
3.2 Schedule of Performance. Architect shall commence the services
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"
Comnnnity&Economic Development v.l _3_
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attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When
requested by the Architect, 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 Architect, 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 Architect shall within
ten (10) days of the knowledge 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 Architect be entitled to recover damages against the City
for any delay in the performance of this Agreement, however caused, Architect'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, this Agreement shall continue in full force and effect until completion of
the services but not exceeding two (2) years from the date hereof, except as otherwise
provided in the Schedule of Performance (Exhibit "D").
4.0 COORDINATION OF WORK
4.1 Representative of Architect. The following principals of Architect
are hereby designated as being the principals and representatives of Architect
authorized to act in its behalf with respect to the work specified herein and make all
decisions in connection therewith:
Lance O'Donnell and Ana Maria Escalante-Lentz, as
Principals in Charge
O'Donnell + Escalante Architects
121 South Palm Canyon Drive
Suite 222
Palm Springs, California 92262
It is expressly understood that the experience, knowledge, capability and
reputation of the 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 Architect and devoting sufficient time to
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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 Architect without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may
be designated by the City Manager of City. It shall be the Architect's responsibility to
assure that the Contract Officer is kept informed of the progress of the performance of
the services and the Architect 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.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Architect, its principals and employees were a
substantial inducement for the City to enter into this Agreement. Therefore, Architect
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
Architect, 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 Architect or any surety of Architect 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"). Architect hereby agrees to use good faith
efforts to award subcontracts to 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 Architect 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 Architect's efforts in
determining whether it will consent to a particular subcontractor. Architect shall keep
evidence of such good faith efforts and copies of all contracts and subcontracts
hereunder for the period specified in Section 6.2.
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4.4 Independent Contractor. Neither the City nor any of its employees
shall have any control over the manner, mode or means by which Architect, 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 Architect's
employees, servants, representatives or agents, or in fixing their number, compensation
or hours of service. Architect shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role.
Architect 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 or for any
purpose become or be deemed to be a partner of Architect in its business or otherwise
or a joint venturer or a member of any joint enterprise with Architect.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Architect 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. The policy
of insurance shall be in an amount not less than either (i) a combined single limit of
$1,000,000 for bodily injury, death and property damage or (ii) bodily injury limits of
$500,000 per person, $1,000,000 per occurrence and $1,000,000 products and
completed operations and property damage limits of $500,000 per occurrence. If the
Contract Sum is greater than $100,000, the policy of insurance shall be in an amount
not less than $2,000,000 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
Architect 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 Architect 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 per person and. $1,000,000 per occurrence and
property damage liability limits of $250,000 per occurrence and $500,000 in the
aggregate or (ii) combined single limit liability of $1,000,000. Said policy shall include
coverage for owned, non-owned, leased and hired cars.
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(d) Additional Insurance. Policies of such other insurance,
including professional liability insurance, as may be required in the Special
Requirements.
All of the above policies of insurance shall be primary insurance and shall name
the City, its officers, employees and City Attorneys' office 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 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 Architect 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 Architect 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.
Except for the Worker's Compensation and Professional Liability Insurance, all
certificates shall name the City as additional insured (providing the appropriate
endorsement), be signed by an authorized agent of the insurer, and shall contain the
following "cancellation" notice:
"CANCELLATION: Should any of the above described policies be cancelled
before the expiration date thereof, the issuing company shall mail an advance
30-day written notice to the Certificate holder named herein."
The Architect agrees that the provisions of this Section 5.1 shall not be construed
as limiting in any way the extent to which the Architect may be held responsible for the
payment of damages to any persons or property resulting from the Architect's activities
or the activities of any person or persons for which the Architect is otherwise
responsible.
In the event the Architect subcontracts any portion of the work in compliance with
Section 4.3 of this Agreement, the contract between the Architect and such
subcontractor shall require the subcontractor to maintain the same policies of insurance
that the Architect is required to maintain pursuant to this Section 5.1.
5.2 Indemnification. See Exhibit "B".
5.3 Performance Bond. See Exhibit "B".
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5.4 Sufficiency of Insurer or Surety. Insurance or bonds 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 ("City Manager") due to unique circumstances. In the event the
City Manager determines that the work or services to be performed under this
Agreement creates an increased or decreased risk of loss to the City, the Architect
agrees that the minimum limits of the insurance policies and the performance bond
required by this Section 5 may be changed accordingly upon receipt of written notice
from the City Manager or designee; provided that the Architect shall have the right to
appeal a determination of increased coverage by the City Manager to 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. Architect 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. Architect 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, Architect agrees that if Architect 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
Architect is providing design services, the cost of the project being designed, Architect
shall promptly notify the Contract Officer of said fact, circumstance, technique or event
and the estimated increased or decreased cost related thereto and, if Architect is
providing design services, the estimated increased or decreased cost estimate for the
project being designed.
6.2 Records. Architect 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 reasonable 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. City acknowledges the drawings,
specifications and other documents prepared by Architect, its employees,
subcontractors and consultants pursuant to this Agreement are instruments of
professional service ("Instruments"). Upon payment in full of all undisputed monies due
architect, the Instruments shall become the property of City. Architect shall have no
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claim for further employment or additional compensation as a result of the exercise by
City of its full rights of ownership of the Instruments; provided, however, that any
modification of the Instruments or use for other projects for which Architect is not
retained and does not provide professional services shall be at City's sole risk and
without liability to Architect, and shall require the removal of Architect's title block and
indicia from the Instruments unless otherwise agreed in writing by Architect. City shall
indemnify and hold harmless Architect, its officers, directors and employees from and
against any loss, damage, liability, claims, demands, suits and expenses, including but
not limited to reasonable attorneys'fees and costs, resulting from use of the Instruments
as aforementioned, without agreement in writing from Architect.
6.4 Release of Documents. The drawings, specifications, reports,
records, documents and other materials prepared by Architect 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 Interpretation; 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, as prepared by both parties hereto. 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, and Architect 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 Architect's right to terminate this
Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Architect hereby authorizes City to deduct
from any amount payable to Architect (whether or not arising out of this Agreement) (i)
any amounts the payment of which are in dispute hereunder or which are necessary to
compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all
Community&Economic Development v.1 -9-
amounts for which City may be liable to third parties, by reason of Architect's acts or
omissions in performing or failing to perform Architect'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 Architect, 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. Notwithstanding
anything in this Agreement to the contrary, Architect does not waive, relinquish or
release any claims or rights it may have to any amounts deducted hereunder, and shall
be entitled to seek recourse for collection against City for any amounts deducted (i) the
payment of which should not have been disputed and/or (ii) are not necessary to
compensate City for any losses, costs, liabilities or damages, either suffered by City or
for which City is liable to third parties, by reason of Architect's acts or omissions in
connection with this Agreement. The failure of City to exercise such right to deduct or to
withhold shall not, however, affect the obligations of the Architect to 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 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.
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. Since the determination of actual damages
for any delay in performance of this Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement, the Architect and its
sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($ -0-) as
liquidated damages for each working day of delay in the performance of any service
required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City
Community&Economic Development v.l -10-
may withhold from any monies payable on account of services performed by the
Architect any accrued liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern
any termination of this Agreement except as specifically provided in the following
Section for termination for cause. The City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written notice to
Architect, except that where termination is due to the fault of the Architect, the period of
notice may be such shorter time as may be determined by the Contract Officer. In
addition, the Architect reserves the right to terminate this Agreement at any time upon,
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 Architect may determine. Upon receipt of any notice of termination, Architect
shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Except where the Architect has initiated termination,
the Architect 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 such as
may be approved by the Contract Officer, except as provided in Section 7.3. In the
event the Architect has initiated termination, the Architect 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 Architect. If termination is due to the
failure of the Architect 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 Architect 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 City shall use reasonable efforts to
mitigate such damages), and City may withhold any payments to the Architect 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 prevailing 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. Attorney's fees shall include attorney's fees on any appeal,
and in addition a party entitled to attorney's 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.
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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 Architect, 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 Architect 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 Architect warrants that it has not knowingly paid or given and will not
pay or give any third party any money or other consideration for obtaining this
Agreement.
8.3 Covenant Against Discrimination. Architect 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. Architect shall take affirmative action so
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, and in the case of the Architect, 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 or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
Community&Economic Development v.1 -12-
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.
9.6 Hazardous Materials. City acknowledges that Architect has no
expertise in and is not being retained for the purposes of investigating, detecting,
abating, replacing, remediating or removing any items, products, materials or processes
containing hazardous substances. City hereby agrees to bring no claim or suit for
negligence, breach of contract, indemnity or any other cause of action against Architect
and/or its consultants arising out of the presence in any property or structure that is the
subject of services performed by Architect, of asbestos, asbestos-related materials, or
any other hazardous substance, in any form whatsoever, as defined by the
Environmental Protection Agency or any other public authority. City further agrees to
require the General Contractor and/or its subcontractors to indemnify, defend and hold
Architect, its officers, directors, shareholders and employees harmless from and against
any such claims regarding the presence of hazardous substances in any property or
structure that is the subject of services performed by Architect.
9.7 Latent Conditions. Should the Work include any remodeling,
alteration or rehabilitation work, City understands and acknowledges that certain design
and technical decisions are made on assumptions based upon readily available
documents and visual observations of existing conditions. Architect shall not perform
any destructive testing or opening of any concealed portions of the Work to ascertain its
actual conditions. Should Architect's and/or its consultants' assumptions, made in good
faith, prove incorrect, City agrees that Architect and its consultants shall not be held
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responsible for the performance of the Work or for any additional work or costs required
to correct any ensuing problems based upon such good-faith assumptions.
9.8 Construction Means and Methods. Architect shall not have control
over or charge of and shall not be responsible for construction means, methods,
techniques, schedules, sequences, procedures, fabrication, procurement, shipment,
delivery, receipt or installation, or for safety precautions or programs in connection with
the work provided by the construction contractor or its subcontractors since such are
solely the construction contractor's and its subcontractor's responsibility under the
contract for construction. Architect is not responsible for the construction contractor's or
its subcontractor's failure to carry out the work in accordance with the Contract
Documents.
[SIGNATURE PAGE FOLLOWS]
Community&Economic Development v.l -t 4-
IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of the date first written above.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
APPROVED AS TO FORM:
City Attorney
CONTRACTOR:
O'DONNELL + ESCALANTE ARCHITECTS
(Check One: individual, _partnership,
X corporation)
(NOTARIZED) By:
Signature
Lance C. O'Donnell, AIA
Print Name and Title
(NOTARIZED) By:
Signature
Ana Maria Escalante-Lentz, AIA
Print Name and Title
Mailing Address: 121 South Palm Canyon
Drive, Suite 222, Palm Springs, CA 92262
(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.)
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EXHIBIT "A"
SCOPE OF SERVICES
For the purposes of defining responsibilities within the Scope of Work, the City as
"Owner" is defined as the Project Manager representing the City, as opposed to the City
as reviewing body (e.g. Planning, Building). Architect shall provide a full range of
professional architectural services to Owner in connection with the City's Visitor Center
Remodel and Expansion, which services shall include the following:
I. Pre-Design Services:
With the intention of clarifying the project program and goals, role responsibilities,
methods of communication and the establishment of a detailed schedule, the
Architect's services will include the following:
A. Administrative Organization:
1. Review the requirements of all public agencies having jurisdiction over the
project.
2. Carefully review and analyze all documents, provided by the Owner,
including the final programming document.
3. Through conferences with the Owner and the entire design team, develop
a protocol for the distribution of information and general communication.
4. Develop a detailed schedule for the purpose of monitoring the progress of
design, meeting the entitlement submittal date(s), plan check submittal
date, bid submittal date, construction schedule, date of certificate of
occupancy and date of post occupancy evaluation.
B. Data Gathering:
1. Tour the Visitor Center. Document existing conditions photographically.
2. Collect existing information including; drawings, specifications and reports
regarding the Visitor Center.
3. Collect existing utility information including sewer/septic information from
the City data or "as-builts."
4. Interview Tourism staff in evaluating audio/visual needs, office and
restroom needs, retail requirements, and telephone/Internet requirements.
5. Develop a comprehensive list of existing deficiencies to be addressed in
the expansion and an approach to bringing the building and site to a
useful state and City standards.
6. Conduct the focus groups identified at a kick-off meeting and interview
other stakeholders and potential users of the facility.
C. Site Evaluation:
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1. Assist the City's staff to analyze existing traffic patterns, access and
circulation - vehicular and pedestrian — at peak and non-peak times for
inclusion in entitlement actions. Make recommendations for future
expansion and adjacent Master Plan development. Note: A traffic
engineering study is not foreseen as part of this proposal unless done as
an additional service.
2. Assist the City's staff in their analysis of the historic parking demand
experienced by the current Visitor Center and project how the new Center
will be impacted by the expansion for inclusion in entitlement actions.
3. Evaluate functions at the current Visitor Center and establish goals for
future servicing of the new Visitor Center.
4. Evaluate existing landscape at the site (Tramway Gas Station) and
establish standards for future landscape development.
5. Research the existing utilities and related capacities, including the issue of
sewer service.
Il. Schematic Design and Entitlement Submittal Services:
With the intention of establishing the design of the project, the Architect's
services during this phase of the project will include the following:
A. Develop various alternative "conceptual" site plans for review by the Owner and
the various public agencies having review over the project.
B. Provide technical and clerical assistance to the Owner in submitting the
documents required for public review and approval.
C. Based upon the approved space program and requirements as provided by the
owner and the approved site plan prepared by the Architect, the Architect shall
prepare a conceptual floor plan for review and approval by the Owner. Through
conferences with the Owner, coordinate the functional and circulations aspects of
the approved conceptual plan.
D. Prepare a preliminary schematic design package for Owner review and approval
including:
1. Site Plan.
2. Floor Plan.
3. Exterior Elevations and/or sketches.
4. Site and Building Section, as required per City agencies.
E. Submit for review by the various public agencies having jurisdiction, and make
modifications as required.
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F. Through conferences with the Owner, further define the schematic design
concept and complete the final schematic design documents for final review and
approval.
G. Provide a preliminary cost of construction estimate for Owner review/approval.
H. Assist with and prepare marketing collateral material, such as presentation type
drawings or artist renderings of the site plan, floor plans and building exteriors.
III. Construction Documents Services:
With the intention of obtaining a building permit, the Architect shall:
A. Develop construction documents for review by the Owner and the various public
agencies having jurisdiction over the project, and make modifications as
required.
B. Provide technical and clerical assistance to the Owner in submitting documents
required for Building, Planning, Engineering and Fire Prevention (plan check)
approval.
C. Provide a detailed cost estimate for Owner review/approval.
D. Through conferences with the Owner, coordinate the operational aspects of the
project as to mechanical, electrical, phone, electronic communications and
security systems.
IV. Construction Procurement Services:
With the intention of obtaining a contract for construction, the Architect during this
phase shall:
A. Provide technical and clerical assistance to the Owner in preparation of bid
documents in order to establish a contract for construction with a general
contractor.
B. Prepare a bid package for Owner review and approval including:
1. Construction drawings
2. Specifications
3. Bid requirements (invitation, instructions, information, bid bonds and bid
form).
4. Contract forms (agreement, payment bond, performance bond and
Certificates).
Community&Economic Development v.l
5. Contract conditions (general and supplemental).
V. Construction Administration:
With the intention of ensuring the execution of the Work complies with the
construction documents the Architect during this phase shall:
A. Provide technical and on-site evaluations of the progress and quality of the Work
executed by the Contractor in order to verify Contractor's schedule and
payments.
B. Provide coordination of appropriate construction documentation with the
Contractor on behalf of the Owner.
C. Conduct weekly construction progress/observation meetings at the job site, with
all involved parties, in order to ensure timely completion and faithful execution of
the Construction Documents.
VI. Post Occupancy Evaluation:
With the intention of ensuring the facility accommodates staff needs and
services, the Architect during this phase of the project shall:
A. Conduct meetings at the Visitors Center with Owner and staff, in order to ensure
maximum functionality and use.
B. Work with the Owner and staff on opportunities for changing interior and exterior
displays in a manner consistent with the building's modern architecture.
Community&Economic Development v.1 -19-
EXHIBIT "B"
SPECIAL REQUIREMENTS
Architect has been hired to perform the services described in the Agreement,
which include the creation of one or more designs, drawings, or plans ("Designs").
Architect acknowledges that City has budgeted the amount of
($_00,000) for the construction phase of the Project ("Construction Budget"). Architect
shall be responsible to do Project estimating to create Designs which will enable the
Project to be constructed within at an amount which shall not exceed the Construction
Budget by more than ten percent (10%). Should City solicit bids for construction of the
Project, as such Project has been designed by Architect, and the lowest responsible bid
exceeds the Construction Budget by more than ten percent (10%), Architect agrees to
revise the previous Designs, or to create new Designs, so that a new price can be
negotiated or the Project can be re-bid so that the Project does not exceed the
Construction Budget by more than ten percent (10%). Notwithstanding the foregoing,
Architect is not responsible for changes in the Project scope initiated by City and all
such changes shall include appropriate mutually agreed changes to the Construction
Budget, as are further set forth in Section 1.8 of this Agreement.
Section 4.3 Prohibition Against Subcontracting or Assignment. Architect may
subcontract with Donald A. Wexler, AIA (design), RGA Landscapes, Inc.
(Landscaping); Sanborn A & E (Civil Engineering); Gary Wexler Design
(Graphics, signage);
Section 5.2 Indemnification. This entire section is hereby replaced with the following:
5.2 City Held Harmless - General Liability. Except for the sole negligence
of City, Architect undertakes and agrees to defend, indemnify and hold
harmless City, and any and all of City's Boards, officers, employees, and
successors in interest, from and against all suits and causes of action,
claims, losses, demands and expenses, including but not limited to,
reasonable attorney's fees and reasonable costs of litigation, damages(s)
or liability of any nature whatsoever, for death or injury to any person,
including Architect's employees and agents, or for damage to, or
destruction of, any property of either party hereto, or of third persons, in
any manner to the extent arising by reasons of the acts or omissions in the
performance of this Agreement on the part of Architect, or any of
Architect's subcontractor's, employees, or anyone for whom Architect has
obligated itself under this Contract, whether or not contributed to by any
act or omission of City or any of the City's Boards, officers or employees.
5.25 City Held Harmless - Professional Liability. Architect undertakes and
agrees to indemnify and hold harmless City, and any and all of City's
Community&Economic Development v.1 -20-
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Boards, officers and employees, from and against all losses and
expenses, including, but not limited to, reasonable attorney's fees and
reasonable costs of litigation, damage(s) or liability of any nature
whatsoever, for death or injury to any person, including Architect's
employees and agents, or for damage to, or destruction of, any property of
third persons, in any manner to the extent caused by the negligent acts or
omissions in performance of the professional services under this
Agreement on the part of Architect.
A policy of professional liability insurance shall be provided on a per
occurrence basis with a single limit liability in the amount of two million
($2,000,000) dollars bodily injury and property damage including
coverages for contractual liability, personal injury, independent contractors,
broad form property damage, products and completed operations.
Section 5.3 Performance Bonds are hereby waived.
Community&Economic Development v.l -21-
EXHIBIT licit
SCHEDULE OF COMPENSATION
I. Terms of Compensation. The services provided under this Agreement
shall be performed for a fee of thirty seven thousand five hundred ($37,500A0)
dollars,.plus a percentage based on the cost of construction, as follows:
Compensation for the above sums shall be billed to the City on a monthly
basis, based on the percentage work completed for each of the above
categories; provided, however, that, without waiving Section 7.3 of this
Agreement, City shall have no obligation to make final payment of the Grand
Total above of one hundred twenty-five thousand ($125,000) dollars (the
"Contract Sum") beyond the percentage of work completed by Architect, and that
City may withhold payments not to exceed ten (10) percent of the Contract Sum,
pending a reasonable time for the verification that the items of work have been
completed in accordance with the Agreement. The total sums billed by Architect
to the City shall not exceed one hundred twenty-five thousand ($125,000) dollars,
inclusive of any and all reimbursable expenses.
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Items of Performance Time for Performance
1. Start Scoping/Design Work 2003
2. Completion of Schematic/Design On or Before 2003
Development
3. Completion of the Design On or Before 12003
4. Delivery of Completed On or Before 2003
Construction Documents
5. Construction Bid Process Begins On or Before 2003
It is understood that the foregoing Schedule of Performance is subject to
all of the terms and conditions set forth in the text of the Agreement. The
summary of the items of performance in this Schedule of Performance is not
intended to supersede or modify the more complete description in the text. In the
event of any conflict or inconsistency between this Schedule of Performance and
the text of the Agreement, the text shall govern.
Community&Economic Development v.1 -23-
� a �4 �7
MINUTE ORDER NO.
APPROVING A CONTRACT SERVICES
AGREEMENT FOR ARCHITECTURAL DESIGN
SERVICES WITH O'DONNELL + ESCALANTE
ARCHITECTS OF PALM SPRINGS, CALIFORNIA,
FOR A PROPERTY AT 2901 NORTH PALM
CANYON DRIVE, IN AN AMOUNT NOT TO EXCEED
$125,000 PLUS REIMBURSABLE EXPENSES, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY
I HEREBY CERTIFY that this Minute Order, approving a Contract Services Agreement
for Architectural Services with O'Donnell + Escalante Architects of Palm Springs,
California, for a property at 2901 North Palm Canyon Drive, in an amount not to exceed
$125,000 plus reimbursable expenses, in a form acceptable to the City Attorney, was
approved by the City Council of the City of Palm Springs, California, in a meeting thereof
held on the 15th day of January 2003.
PATRICIA A. SANDERS
City Clerk
/a9
RESOLUTION NO. 20505
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE BUDGET FOR THE 2002-
03 FISCAL.
WHEREAS Resolution 20357 approving the budget for the fiscal year 2002-03 was adopted
on June 5, 2002; and
WHEREAS the City Manager has recommended, and the City Council desires to approve,
certain amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record
inter-fund cash transfers as required in accordance with this Resolution, and that Resolution
20357, adopting the budget for the 2002-03 fiscal year is hereby amended as follows:
SECTION 1. ADDITIONS
Fund I Activity Account Amount
112 2017 50003 Bldg & Equip $125,000
Purpose to appropriate funds for architectural services for the Tramway Gas Station
SECTION 2. SOURCE
Fund balance in Community Promotion Fund
Fund Activity I Account Amount
112 29301 $125,000
Adopted this 15th day of January, 2003.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED AND APPROVED
-Cr
REVIEWED BY DEn DF FINANCE
r