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Date: January 3, 2018 UNFINISHED BUSINESS
Subject: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RIOS
CLEMENTE HALE STUDIOS TO PROCEED WITH SCHEMATIC
DESIGN, DESIGN DEVELOPMENT, CONSTRUCTION DOCUMENTS,
BIDDING SERVICES, CONSTRUCTION ADMINISTRATION, AND
WARRANTY PHASE SERVICES ASSOCIATED WITH THE
DOWNTOWN PARK, CITY PROJECT NO. 15-07
From: David H. Ready, City Manager
Initiated by: Marcus L. Fuller, Assistant City Manager
SUMMARY
On October 18, 2017, the City Council reviewed and approved the Conceptual Design
for the new Downtown Park located on Museum Way between Museum Drive and
Belardo Road. This action will allow the City Council to consider and approve a
Professional Services Agreement with Rios Clementi Hale Studios, a California
corporation, to coordinate the next phases for the Downtown Park based on the
Council's approval of the conceptual design. The next phases, included with the scope
of services of the proposed Professional Services Agreement, are: Schematic Design,
Design Development, Construction Documents/Permitting, Bidding, Construction
Observation, and Warranty Period.
RECOMMENDATION:
1. Cancel Professional Services Agreement (A6720) with Urrutia A.I.A. and Associates,
Inc., dba Urrutia Architects, in the original amount of$396,575; and
2. Cancel Professional Services Agreement (A6721) with MSA Consulting, Inc., in the
original amount of$170,700; and
3. Cancel Professional Services Agreement (A6722) with RGA Landscape Architects,
Inc., in the original amount of$86,800; and
4. Cancel Professional Services Agreement (A6723) with MRC Engineering, Inc., in the
original amount of$30,000; and
REM NO. �, �„�
City Council Staff Report
January 3, 2018— Page 2
Downtown Park Final Design
5. Approve Agreement No. with Rios Clementi Hale Studios, a California
corporation, in the amount of $924,260 for professional landscape architectural and
related design services including the Schematic Design, Design Development,
Construction Documents/Permitting, Bidding, Construction Observation, and
Warranty Phases for the Downtown Park, City Project No. 15-07;
6. Provide direction regarding the Major Architectural Review process for the
Downtown Park; and
7. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
A search of records available through the Secretary of State of California shows that a
Certificate of Amendment of Articles of Incorporation for Rios Associates, Inc., a
California corporation, were filed on January 30, 2017, amending the name of the
corporation to Rios Clementi Hale Studios, a California corporation, (hereafter "RCHS").
A Statement of Information for RCHS filed on April 11, 2017, listed the following
corporate officers: Mark Rios (CEO), Robert Hale (Secretary), and Jessamyn Davis
(CFO). The following were also listed as Directors of RCHS: Mark Motonaga, Mark
Rios, Frank Clementi, Julie Smith-Clementi, and Robert Hale.
According to Jessamyn Davis, the owners of RCHS, all of whom have more than a
$2,000 interest in the entity, include: Mark Rios, Frank Clementi, Julie Smith-Clementi,
Robert Hale and Mark Motonaga.
BACKGROUND:
On December 2, 2009, the City Council adopted Ordinance No. 1764, approving the
Museum Market Plaza Specific Plan' (the "Specific Plan"). The original land use and
development pattern of the Specific Plan area consisted of Blocks A through H, K1 and
K2, and new public streets comprising a total of 18.5 acres within downtown Palm
Springs.
After the City's approval of the Specific Plan, as the City and the developer (Palm
Springs Promenade, LLC, the "Developer') proceeded to coordinate on development of
the Specific Plan, plans for the project area evolved and certain modifications to the
layout of the individual blocks and land uses within the Specific Plan were proposed,
including relocation of the Main Plaza to Museum Drive immediately adjacent to the
Palm Springs Art Museum.
On September 17, 2014, the City Council approved the acquisition of the Downtown
Park identified on Block E from the Developer as permanent public open space, to be
owned and operated by the City as an active and vibrant park area.
1
In 2016, the Specific Plan was renamed the Downtown Palm Springs Specific Plan. 42
City Council Staff Report
January 3, 2018—Page 3
Downtown Park Final Design
Initial planning for the Downtown Parke started in February 2015.
On March 2, 2016, the City Council held the last of several public hearings to consider
an Amendment of the Specific Plan, and Addendum No. 2 to the Final Environmental
Impact Report ("FEIR") for the Specific Plan previously adopted by the City Council,
(Case No. 5.1204 SP A-1). At that time, the City Council approved the Specific Plan
Amendment and Addendum No. 2 to the FEIR. Included as part of the Specific Plan
Amendment is the designation of Block "E" as a permanent public park.
On January 25, 2017, the City Council held a special Study Session to discuss the
Downtown Park. At that time, the City Council reviewed the final conceptual design
prepared as a collaborated effort by the City's design team and Museum's design team.
The City Council reviewed the preliminary programming objectives of the Downtown
Park, and agreed the programming should include:
• Permanent public restrooms
• Event stage areas (2) with infrastructure (power/ water)
• Area assigned for the Forever Marilyn (or alternative sculpture)
• Area for Aluminaire House
• Police substation building (or alternative plan for security)
• Flexible, multi-functional space to accommodate a range of special events
• Permanent and temporary shading, cooling system
• Provisions for temporary fencing
• Inclusion of historical element honoring the Desert Inn
The City Council directed staff to coordinate with Mark Rios, of Rios Clementi Hale
Studios ("RCHS"), on developing a revised conceptual design for the Downtown Park.
Based on Council's direction, staff coordinated with Mark Rios and obtained a proposal
for development of conceptual designs for the Downtown Park, including community
outreach efforts. Mark Rios proposes to develop three initial conceptual designs based
on the Council's stated programming goals identified above, and suggests two
community outreach meetings and presentations on the conceptual designs and
programming, with a final presentation to City Council.
On March 20, 2017, the City Council Ad-Hoc Subcommittee met with Mark Rios and
staff, and discussed the programming identified for the Downtown Park, as well as the
process for community participation and public review. Subsequently, on April 5, 2017,
the City Council approved a professional services agreement with RCHS in the amount
of $38,000 to prepare conceptual plans for and coordinate the public review process of
the Downtown Park.
2 Initially referred to as the "Event Center" 03
City Council Staff Report
January 3, 2018— Page 4
Downtown Park Final Design
On May 11, 2017, the City Council conducted the first of three public meetings related
to the Downtown Park. At that time, the Council held a "Public Workshop" and reviewed
three initial conceptual plans for the Downtown Park prepared by RCHS with various
themes described as:
• "Common Ground" — a destination for gathering;
• "Healing Oasis" — a destination for health; or
• "Sculpture Park" — a destination for art
Following the May 11, 2017, Public Workshop, the City and RCHS provided a formal
public review process on the Downtown Park, soliciting comments both at the
workshop, but also via on-line surveys. Comments were solicited from May 23 through
June 9, 2017. During the review period a total of 1,381 people responded with 709
comments which were collated by RCHS to determine the prevailing consensus of
which of the three initial conceptual themes was favored. Specifically, the public was
asked these questions:
Activity#1 — Story
• What are your stories?
• What drew you to Palm Springs?
• What are your biggest concerns for this park?
• What is special about this place?
Question 1: Which story (theme) did you prefer?
➢ Common Ground: 553 of 1,369 = 40.39%
➢ Healing Oasis: 455 / 1,369 = 33.24%
➢ Sculpture Park: 361 ! 1,369 = 26.37%
Activity#2 - Program
• What are the most important elements to have in a park?
o Event lawn; BBQ area Bocce court
o Wandering path; Outdoor movies; Garden
o Play area; Water feature
Question 2: Which program did you prefer?
➢ Max. space for large events: 298 / 1,370 = 21.75%
➢ Medium space for large events: 72511,370 = 52.92%
➢ Min. space for large events: 347 / 1,370 = 25.33%
Activity#3 — Character
• What do you want this park to look like?
• What do you want this park to feel like?
• What should the park experience be like?
Question 3: Which character did you prefer?
➢ Patoral lawn and trees: 461 / 1,366 = 33.75%
➢ Raw inspired by nature: 543 11,366 = 39.75%
➢ Refined curated gardens: 362 / 1,366 = 26.50%
The initial conceptual plans for each of these themes are shown on the following pages. 04
ReportCity Council Staff
Page 5
Downtown Park Final Design
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City Council Staff Report
January 3, 2018— Page 8
Downtown Park Final Design
Based on the public's participation, RCHS developed a revised story for the conceptual
plan, based on these themes:
❖ Sited on the grounds of the historic Desert Inn, the park will be an oasis that draws
on Palm Springs'legacy as a destination for health, nature, and pleasure seekers.
❖ Nellie Coffman, the Desert Inn's founder, famously espoused the "space, stillness,
solitude, and simplicity"of Palm Springs and the park is imbued with her spirit.
For the second public workshop held by the City Council on July 20, 2017, RCHS
developed a revised conceptual plan, provided on the following pages.
At the July 20, 2017, second Public Workshop, the Council directed RCHS to finalize
the initial conceptual plan for the Downtown Park based on its evolved story presented
at that time.
At the October 18, 2017, City Council meeting, the third public meeting and opportunity
to review and comment on the Downtown Park, RCHS presented the final conceptual
plan to the Council, which is included as Attachment 1. At that time, Council approved
the conceptual plan.
Subsequently, staff has negotiated with RCHS on the scope and fee of a Professional
Services Agreement to incorporate all of the next phases required to complete the
Downtown Park: Schematic Design, Design Development, Construction
Documents/Permitting, Bidding, Construction Observation, and Warranty Period.
STAFF ANALYSIS:
The proposed Professional Services Agreement with RCHS requires preparation of the
Schematic Design and Design Development Drawings consistent with the Council's
prior approval of the conceptual design prepared by RCHS, in accordance with the
Council's stipulated construction budget of $5 million. The Construction Documents will
then be prepared following the Council's approval of the 100% Design Development
Drawings.
RCHS notes that its conceptual design was developed with the $5 million budget in
mind; however, development of a new Police Department substation within the existing
parking structure was not included in its budgeting estimate 3. Further analysis by RCHS
reveals that the existing underground garage located at the westerly end of the park site
will require structural retrofitting to support the weight of the fill and other materials
placed over the parking garage, the cost of which is also not included in its budgeting
estimate.
3 Staff will coordinate with RCHS to identify the police substation as a separate item of work, such that it
can be bid as an "Additive Bid" allowing for the City Council to know the actual cost of it, and to choose
whether to include or exclude that item from the Downtown Park based on its cost. 08
City Council Staff Report
January 3, 2018— Page 9
Downtown Park Final Design
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January 3, 2018—Page 10
Downtown Park Final Design
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Downtown Park Final Design
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January 3, 2018— Page 12
Downtown Park Final Design
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City Council Staff Report
January 3, 2018—Page 13
Downtown Park Final Design
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City Council Staff Report
January 3, 2018- Page 14
Downtown Park Final Design
RCHS's proposed fees for the required services carried through the construction phase
is $931,260 and includes the use of 8 specialty sub-consultants; the fees to be paid to
RCHS and its various sub-consultants are identified as follows:
• Landscape Architectural (RCHS): $560,425
• Civil Engineering (MSA Consulting): $94,000
• Water Feature Design (Fluidity): $76,500
• Electrical Engineering (MRC Engineering): $32,400
• Structural Engineering (PK Associates): $30,800
• Cost Estimating (MGAC): $28,000
• Security & Technology (Guidepost Solutions): $21,465
• Irrigation Design (Sweeney + Associates): $13,370
• Soils Testing (Wallace Labs): $4,300
Total not to exceed fees: $861,260
Reprographics Allowance: $30,000
Reimbursable Allowance: $33,000
Total not to exceed cost: $924,260
These professional fees are further identified by separate phase as follows:
Schematic Design Construction Bidding Construction Warranty
Design Development Documents Observation
RCHS $ 92,935 $ 126,860 $ 204,310 $ 17,100 $ 115,560 $ 3,660 $ 560,425
MSA $ 13,900 $ 20,100 $ 42,900 $ 2,000 $ 15,100 $ 94,000
Fluidity $ 15,000 $ 25,000 $ 20,000 $ 1,500 $ 15,000 $ 76,500
MRC $ 3,800 $ 8,900 $ 13,100 $ 2,100 $ 4,500 $ 32,400
PKA $ 4,300 $ 7,700 $ 10,000 $ 1,000 $ 7,800 $ 30,800
MGAC $ 4,000 $ 11,000 $ 13,000 $ 28,000
Guidepost $ 3,220 $ 6,250 $ 8,055 $ 370 $ 3,570 $ 21,465
Sweeney $ 1,950 $ 6,750 $ 4,670 $ 13,370
Wallace $ 4,300 $ 4,300
Total $137,155 $ 212,060 $ 318,115 $ 24,070 $ 166,200 $ 3,660 $ 861,260
%of 15.9% 24.6% 36.9% 2.8% 19.3% 0.4% -
Contract
"Design Phase" "Construction Phase"
Reprographics Allowance: $ 30,000
Reimbursable Allowance: $ 33,000
TOTAL MAXIMUM CONTRACT: $ 924,260
The "Design Phase" represents 72.2% of the total fee, in the amount of $667,330. A
general guideline is that a professional design fee should range from 10% to 15% of
the total construction cost. In this case, the design fee would be expected to fall within a
range from $500,000 to $750,000 dependent upon the complexity of the project.
4 See A Guide to Determining Appropriate Fees for the Services of an Architect, The Royal Architectural 14
Institute of Canada, 2009, as provided through the American Institute of Architects, www.aia.org
City Council Staff Report
January 3, 2018— Page 15
Downtown Park Final Design
This guideline also suggests a fee distribution over the traditional 5 phases of a project,
as follows:
When calculating the distribution of the fee over the traditional five phases of a project, the
following breakdown is typical:
NOTE
Schematic Deign 12 25% In new forms of project design and
Design Development 12-25% documentation such as Building Infomation
Modeling or BIM,
ursentation
Construction Docments 35-45% and design r is done in the arty phase
Bidding and Negotiation 2-5-fi_5% Tye ration of the fee in BIM
protects is Schemat c Design 25%,Design
Consttumtion Phase 25 35% Development 25%and Construction
(Contract Admioistrationl Documents 25%.
Typical Allocation of Fees for a"Traditional"Architectural Project
1O0%
50%
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25�5%
0% >12-25% 12—Zt
Schematic Design Construction Bidding and Construction
Design Development Documents Negotiation Phase
-Cumutnirve Pefurl at Total Fie Porzem aE Fee tat ruh hall
It is staff's opinion that the fees and total cost of services proposed by RCHS for the
Downtown Park are consistent with industry standards, and recommends Council
approval. A copy of the proposed Professional Services Agreement with RCHS is
included as Attachment 2.
Schedule/ Timing of Design & Architectural Review Processing
Completing the design development and final design of the Downtown Park, which is
one of the most important public spaces to be developed in the City of Palm Springs,
will require extensive collaboration by multiple parties, outside stakeholders, including
formal review through the City's Major Architectural Review process as required by
Section 94.04.00 of the Palm Springs Zoning Code (PSZC).
15
City Council Staff Report
January 3, 2018— Page 16
Downtown Park Final Design
RCHS has identified a scope of work and preliminary schedule for completion of the
remaining phases of work, as follows:
• Schematic Design: 3 months (March 30, 2018)
• Design Development (50%/100%): 4 months (July 31, 2018)
• City Approval of 100% Design Development: 1 month (August 31, 2018)
• Construction Documents (50%): 3 months (November 30, 2018)
• City Department/ Outside Agency Review: 1 month (December 31, 2018)
• Construction Documents (100%): 2 months (February 28, 2019)
• City Department / Outside Agency Review: 1 month (March 31, 2019)
• Bidding: 2 months (May 31, 2019)
• Construction: 9 months (February 29, 2020)
Based on this preliminary schedule, we anticipate final construction documents will be
completed for bidding in 15 months. This schedule may be accelerated dependent upon
the process utilized for Major Architectural Review.
RCHS has proposed to process the Schematic Design with one formal review of the
Schematic Design Drawing by the City, and to process the Design Development with
two formal reviews of the Design Development Drawings at the 50% and 100% levels.
Staff suggests a process, whereby some of the schedule associated with the design
development process may be shortened, through the City Council's authorization to
expand the City Council Ad-Hoc Downtown Park Subcommittee (Robe rts/Holstege) to
include:
• Architectural Advisory Committee (2)
• Measure J Commission (2)
• Parks & Recreation Commission (2)
• Planning Commission (2)
• Other representatives requested by Council
The expanded City Council Ad-Hoc Downtown Park Subcommittee would act as the
authorized public body to review the Schematic Design and Design Development
Drawings during the Major Architectural Review process required by Section 94.04.00
of the PSZC, in lieu of separate and sequential review by the Architectural Advisory
Committee and Planning Commission. This process may streamline the Design
Development Phase by several months.
As the City Council is the "applicant" of the Downtown Park, staff suggests that the full
Council review the 100% Design Development Drawings for the Downtown Park
following review and approval of it by the expanded City Council Ad-Hoc Downtown
Park Subcommittee. At that time, with Council's approval of the 100% Design
Development Drawing, RCHS will commence with preparation of the Construction
Documents and required permitting with City Departments and outside agencies.
16
City Council Staff Report
January 3, 2018— Page 17
Downtown Park Final Design
The final step of the Council's review for the Downtown Park will occur when staff
submits the completed Construction Documents to the City Council for review and
approval, and an authorization to solicit bids.
ENVIRONMENTAL IMPACT:
Pursuant to Section 15063 of the California Environmental Quality Act (CEQA)
Guidelines, a Notice of Preparation (NOP) of a Draft Environmental Impact Report
(DEIR) was prepared and circulated for this project. The DEIR was released for review
on October 22, 2008. Notices of the reports were sent to all applicable agencies and
published in accordance with CEQA. Comments were received by the City and
responses to comments were provided in the Final Environmental Impact Report
(FEIR). The FEIR determined that the project would result in post-mitigation significant
effects on aesthetics/visual resources, regional air quality, and cultural resources.
However, the City Council concluded that the benefits of the Specific Plan
implementation would outweigh the potential adverse effects. Findings and a Statement
of Overriding Considerations were adopted as part of the EIR certification and Specific
Plan approval.
In 2012, the City prepared Addendum #1 to the FEIR for the Specific Plan. Addendum
#1 was prepared to evaluate the revised Downtown Revitalization Plan ("Downtown
Palm Springs"), as well as the approval of a parcel map to realign property boundaries,
the dedication of public streets and abandonment of certain rights-of-way, and
acceptance of public easements. Addendum #1 evaluated the potential visual and
aesthetic impacts that could result from the proposed changes and found that the
overall effects would be no more significant than those associated with the
implementation of the adopted Specific Plan. No other environmental impacts were
expected to result that were not analyzed and mitigated in the previously certified FEIR,
Statement of Overriding Considerations, and Mitigation Monitoring and Reporting
Program. Addendum #1 was adopted by City Council on October 17, 2012.
In 2015, the City prepared Addendum #2 to the FEIR to evaluate the potential
environmental impacts of the changes to the Specific Plan identified in the Amendment,
which included various revisions and updates to the Specific Plan, the development of
Block E as the Downtown Park, and a Major Architectural Review for the development
of a hotel use of up to 75 feet located on Block B-1 (Case No. 3.3908 MAJ). The
environmental analysis concluded that the potential environmental impacts associated
with the revised Specific Plan identified in the Amendment were substantially consistent
with the impacts previously analyzed in the certified FEIR and in Addendum #1
approved in 2012. No changes were proposed that would require major revisions to the
previously certified FEIR, and it was determined that the revised Specific Plan identified
in the Amendment will ultimately reduce the overall intensity and density previously
allowed within the originally adopted Specific Plan. It was also determined that the
potential environmental impacts associated with the revised Specific Plan identified in
the Amendment will result in the same or reduced environmental impacts when
compared to those analyzed in either the previously certified FEIR or Addendum #1
approved in 2012. The City determined that none of the components of the revised 17
City Council Staff Report
January 3, 2018—Page 18
Downtown Park Final Design
Specific Plan identified in the Amendment will result in a significant effect not previously
identified in the certified FEIR or Addendum #1 approved in 2012. The Findings and
Statement of Overriding Considerations adopted by the City in 2009 are consistent with
the environmental analysis provided in Addendum #2.
On March 2, 2016, the City Council adopted Resolution No. 23977 confirming, ratifying,
and adopting the findings and conclusions of Addendum #2 to the FEIR.
No further environmental analysis is required associated with the Downtown Park.
FISCAL IMPACT:
As part of its adoption of the 2016-2017 Fiscal Year budget, the City Council
appropriated $2.5 million from its "Quimby" public park fees and a $3 million advance
from future Measure J Capital Funds (repaid at $1 million annually to the General Fund
over the next three years), for a total budget of $5.5 million for the Downtown Park. As
RCHS proceeds with the Design Development phase, RCHS will prepare construction
estimates and a scope of improvements consistent with the established budget.
The total not to exceed cost of the proposed Professional Services Agreement with
RCHS is $924,260. However, in 2015 during the initial planning efforts for the
Downtown Park, on June 17, 2015, the City Council approved the following Professional
Services Agreements:
• Professional Services Agreement (A6720) with Urrutia A.I.A. and Associates, Inc.,
dba Urrutia Architects, in the original amount of $396,575 for architectural design
services;
• Professional Services Agreement (A6721) with MSA Consulting, Inc., in the original
amount of$170,700 for civil engineering design services;
• Professional Services Agreement (A6722) with RGA Landscape Architects, Inc., in
the original amount of $86,800 for landscape architectural design services;
• Professional Services Agreement (A6723) with MRC Engineering, Inc., in the
original amount of$30,000 for electrical engineering design services;
Services by these firms were provided through December 2016. At the January 25,
2017, City Council Study Session regarding the Downtown Park, direction was given to
staff to proceed with development of a new conceptual plan by RCHS, and the work
being provided by the City's four consultants was suspended. Services provided and
paid up through staff's suspension of services in December 2016 are identified in the
following table.
18
City Council Staff Report
January 3, 2018—Page 19
Downtown Park Final Design
City Project No. 15-07 - Balances
Firm Approved Expended Balance
MSA Consulting $ 170,700.00 $ 61,860.00 $108,840.00
MRC Engineering $ 30,000.00 $ 4,500.00 $ 25,500.00
RGA Landscape Archite $ 86,800.00 $ 22,786.87 $ 64,013.13
Urrutia Architects $396,575.00 $ 69,690.69 $326,884.31
Total Budget $684,075.00 $158,837.56 $525,237.44
The proposed Professional Services Agreement with RCHS at a cost of $924,260
replaces the services that were to be provided by the four previously approved
Professional Services Agreements which have a cumulative remaining balance of
$525,237 leaving a net increased expenditure of $399,023. Therefore, these four
Professional Services Agreements should be cancelled, and subsequently the
remaining encumbered funds released and made available for expenditure for the
proposed Professional Services Agreement with RCHS.
Upon termination of the four Professional Services Agreements, sufficient funds in the
amount of $525,237 will be available in the Measure J Capital Fund, Account No. 260-
4500-59464; the remaining balance of $399,023 is budgeted and available in the
Measure J Capital Fund, Account No. 260-4500-59498.
SUBMITTED:
Marcus L. Fuller, MPA, PE, PLS David H. Ready, Esq.
Assistant City Manager City Manager
Attachments:
1. RCHS Presentation — October 18, 2017
2. Professional Services Agreement
19
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1 07.12.17 07.20.17
DOWNTOWN t ' �•�
I PREPARE DRAFT SUBCOMMITTEE :: ,� - PUBLIC WORKSHOP #2:
I CONCEPT i REVIEW #2 HYBRID DRAFT CONCEPT I
j "°""�� " �'� • Present draft concept (and any remaining variations. tal lb)
for the park.
�' • Invite public input re draft wric;pt refinements
t
I 10.05.17 ( 10.18.17 I
PREPARE FINAL DOWNTOWN I CITY COUNCIL
SUBCOMMITTEE PRESENTATION:
i CONCEPT i REVIEW #3 I `. FINAL CONCEPT
— — — — — — — — — • Present final concept
Discussnext steps for implementation.
Concept Design Process
Palm Springs Downtown Park Final Concept Design I October 18,2017 Draft RICH STUDIOS
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Common Ground Healing Oasis Sculpture Park
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Palm Springs Downtown Park I Final Concept Design October 18,2017 Draft RCH STUDIOS
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Welcome and thank you for participating! We would like your input on three concept options for a new
public park in downtown Palm Springs. We will walk you through the concept options and then ask you for
your preferences in terms of the park's story, program, and character. Your feedback will help us combine
the best aspects of these concepts into a preferred conceptual design over the coming months.
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3
ATTACHMENT 2
37
PROFESSIONAL SERVICES AGREEMENT
DOWNTOWN PALM SPRINGS PARK
CITY PROJECT NO. 15-07
SCHEMATIC DESIGN / DESIGN DEVELOPMENT/ CONSTRUCTION DOCUMENTS
BIDDING / CONSTRUCTION OBSERVATION /WARRANTY PHASES
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement") is entered into,
and effective on , 2018, between the CITY OF PALM SPRINGS, a
California charter city and municipal corporation, ("City") and Rios Clementi Hale
Studios, a California corporation, ("Consultant'). City and Consultant are individually
referred to as "Party" and are collectively referred to as the "Parties".
RECITALS
A. City has determined that there is a need for professional services to
prepare the Schematic Design, Design Development documents, Construction
Documents for bidding, and professional services to coordinate the bidding phase, to
provide constrtuction observation and warranty phase services related to the Downtown
Palm Springs Park, City Project No. 15-07, ("Project').
B. Consultant has submitted to City a proposal to provide professional
services to prepare the Schematic Design, Design Development documents,
Construction Documents for bidding, and professional services to coordinate the bidding
phase, to provide constrtuction observation and warranty phase services to City for the
Project under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education,
reputation, and expertise to provide these services and has agreed to provide such
services as provided in this Agreement.
D. City desires to retain Consultant to provide such professional services.
In consideration of these promises and mutual obligations, covenants, and
conditions, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services.In compliance with all terms and conditions of this
Agreement, Consultant agrees to perform the professional services set forth in the
Scope of Services described in Exhibit "A" (the "Services" or "Work") , which is attached
and incorporated by reference. As a material inducement to the City entering into this
Agreement, Consultant represents and warrants that Consultant is a provider of first
class work and professional services and that Consultant is experienced in performing
the Work and Services contemplated and, in light of such status and experience,
Revised: 12/18/17
720669.1 1
38
Consultant covenants that it shall follow the highest professional standards in
performing the Work and Services required in this Agreement. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of
practice recognized as high quality among well-qualified and experienced professionals
performing similar work under similar circumstances.
1.2 Contract Documents. The Agreement between the Parties shall consist
of the following: (1) this Agreement; (2) the Scope of Services; and (3) the Consultant's
signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively
referred to as the "Contract Documents"). The Consultant's Proposal is attached as
Exhibit "B", is incorporated by reference and is made a part of this Agreement. The
Scope of Services shall include the Consultant's Proposal. All provisions of the Scope
of Services, the City's Request for Proposals and the Consultant's Proposal shall be
binding on the Parties. Should any conflict or inconsistency exist in the Contract
Documents, the conflict or inconsistency shall be resolved by applying the provisions in
the highest priority document, which shall be determined in the following order of
priority: (V ) the provisions of the Scope of Services (Exhibit "A"); (2"d) the terms of this
Agreement; and, (3`d) the provisions of the Consultant's Proposal (Exhibit "B").
1.3 Compliance with Law. Consultant warrants that all Services rendered
shall be performed in accordance with all applicable federal, state, and local laws,
statutes, ordinances lawful orders, rules, and regulations.
1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and
warrants to City that it has obtained all licenses, permits, qualifications, and approvals of
whatever nature that are legally required to practice its profession and perform the Work
and Services required by this Agreement. Consultant represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, qualification, or approval that is legally
required for Consultant to perform the Work and Services under this Agreement.
Consultant 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 Consultant's performance of the Work and Services required by
this Agreement. Consultant shall indemnify, defend, and hold harmless City against any
such fees, assessments, taxes penalties, or interest levied, assessed, or imposed
against City to the fullest extent permitted by law.
1.5 Familiarity with Work. By executing this Agreement, Consultant
warrants that Consultant (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, Consultant warrants that Consultant has or will investigate the site and is or will
be fully acquainted with the conditions there existing, prior to commencement of any
Services. Should the Consultant discover any latent or unknown conditions that will
materially affect the performance of the Services, Consultant shall immediately inform
Revised: 12/18/17
720669.1 2
39
the City of such fact and shall not proceed except at Consultant's risk until written
instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the
term of the Agreement to furnish continuous protection to the Work and the equipment,
materials, papers, documents, plans, studies, and/or other components to prevent
losses or damages. Consultant shall be responsible for all such damages, to persons
or property, until acceptance of the Work by the City, except such losses or damages as
may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Parties agree to use reasonable
care and diligence to perform their respective obligations under this Agreement. 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.
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 such Work. No such extra work may be undertaken unless a written
order is first given by the City to the Consultant, incorporating any adjustment in (i) the
Maximum Contract Amount, as defined below, and/or (ii) the time to perform this
Agreement. Any adjustments must also be approved in writing by the Consultant. Any
increase in compensation of up to twenty-five percent (25%) of the Maximum Contract
Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days,
may be approved by the City Manager, or his designee, as may be needed to perform
any extra work. Any greater increases, occurring either separately or cumulatively,
must be approved by the Palm Springs City Council. It is expressly understood by
Consultant that the provisions of this section shall not apply to the services specifically
set forth or reasonably contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this
Agreement, Consultant shall be compensated by City in accordance with the Schedule
of Compensation, which is attached as Exhibit "C" and incorporated in this Agreement
by reference. Compensation shall not exceed the maximum contract amount of Nine
Hundred Twenty Four Thousand Two Hundred Sixty Dollars, ($924,260.00)
("Maximum Contract Amount"), except as may be provided under Section 1.8. The
method of compensation shall be as set forth in Exhibit "C." Compensation for
necessary expenditures for reproduction costs, telephone expenses, and transportation
expenses must be approved in advance by the Contract Officer designated under
Section 4.2 and will only be approved if such expenses are also specified in the
Schedule of Compensation. The Maximum Contract Amount shall include the
attendance of Consultant at all Project meetings reasonably deemed necessary by the
City. Consultant shall not be entitled to any increase in the Maximum Contract Amount
for attending these meetings. Consultant accepts the risk that the services identified in
Revised: 12/18117
720669.1 3
40
the Scope of Services may be more costly and/or time-consuming than Consultant
anticipates, that Consultant shall not be entitled to additional compensation, and that the
provisions of Section 1.8 shall not be applicable to the services identified in the Scope
of Services. The maximum amount of city's payment obligation under this section is the
amount specified in this Agreement. If the City's maximum payment obligation is
reached before the Consultant's Services under this Agreement are completed,
Consultant shall complete the Work and City shall not be liable for payment beyond the
Maximum Contract Amount.
2.2. Method of Payment. Unless another method of payment is specified in
the Schedule of Compensation (Exhibit "C"), in any month in which Consultant wishes to
receive payment, Consultant shall submit to the City an invoice for services rendered
prior to the date of the invoice. The invoice shall be in a form approved by the City's
Finance Director and must be submitted no later than the tenth (10) working day of such
month. Such requests shall be based upon the amount and value of the services
performed by Consultant and accompanied by such reporting data including an itemized
breakdown of all costs incurred and tasks performed during the period covered by the
invoice, as may be required by the City. City shall use reasonable efforts to make
payments to Consultant within forty-five (45) days after receipt of the invoice or as soon
as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of
Services is requested by City, Parties shall execute a written amendment to this
Agreement, specifying all proposed amendments, including, but not limited to, any
additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work
product, or work, when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Consultant's
profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated by the City Council for each fiscal year covered by the Agreement.
If such appropriations are not made, this Agreement shall automatically terminate
without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services to be performed by Consultant is
an essential condition of this Agreement. Consultant shall prosecute regularly and
diligently the Work of this Agreement according to the agreed upon attached Schedule
of Performance (Exhibit "D"), incorporated by reference.
Revised: 12/18/17
720669.1 4
41
3.2 Schedule of Performance. Consultant shall commence the Services
under 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. When
requested by Consultant, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer, but such extensions
shall not exceed one hundred eighty (180) days cumulatively; however, the City shall
not be obligated to grant such an extension.
3.3 Force Maieure. The time period(s) specified in the Schedule of
Performance for performance of the Services rendered under this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of the Consultant (financial inability excepted) if
Consultant, within ten (10) days of the commencement of such delay, notifies the
Contract Officer in writing of the causes of the delay. Unforeseeable causes include,
but are not limited to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight
embargoes, wars, and/or acts of any governmental agency, including the City. The City
Manager 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 City Manager such delay is justified. The City Manager's determination shall be
final and conclusive upon the Parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this
Agreement, however caused, Consultant's sole remedy being extension of the
Agreement under this section.
3.4 Term. Unless earlier terminated under this Agreement, this Agreement
shall commence upon the effective date of this Agreement and continue in full force and
effect until completion of the Services. However, the term shall not exceed three (3)
years from the commencement date, except as otherwise provided in the Schedule of
Performance described in Section 3.2 above. Any extension must be through mutual
written agreement of the Parties.
3.5 Termination Prior to Expiration of Term. City may terminate this
Agreement for its convenience at any time, without cause, in whole or in part, upon
giving Consultant thirty (30) days written notice. Where termination is due to the fault of
Consultant and constitutes an immediate danger to health, safety, and general welfare,
the period of notice shall be such shorter time as may be determined by the City. Upon
such notice, City shall pay Consultant for Services performed through the date of
termination. Upon receipt of such notice, Consultant shall immediately cease all work
under this Agreement, unless stated otherwise in the notice or by written authorization
of the Contract Officer. After such notice, Consultant shall have no further claims
against the City under this Agreement. Upon termination of the Agreement under this
section, Consultant shall submit to the City an invoice for work and services performed
prior to the date of termination. Consultant may terminate this Agreement, with or
without cause, upon sixty (60) days written notice to the City, except that where
termination is due to material default by the City, the period of notice may be such
Revised: 12/18/17
720669.1 5
d2
M
shorter time as the Consultant may determine.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act in
its behalf and make all decisions with respect to the Services to be performed under this
Agreement: Mark Rios, Partner. It is expressly understood that the experience,
knowledge, education, capability, expertise, and reputation of the foregoing principal is
a substantial inducement for City to enter into this Agreement. Therefore, the foregoing
principal shall be responsible during the term of this Agreement for directing all activities
of Consultant and devoting sufficient time to personally supervise the services
performed hereunder. The foregoing principal may not be changed by Consultant
without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or
his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the
Contract Officer fully informed of the progress of the performance of the services.
Consultant shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified, any approval of City shall mean the approval of the Contract
Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience,
knowledge, capability, expertise, and reputation of Consultant, its principals and
employees, were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not assign full or partial performance of this Agreement, nor
any monies due, voluntarily or by operation of law, without the prior written consent of
City. Consultant shall not contract with any other entity to perform the Services required
under this Agreement without the prior written consent of City. If Consultant is permitted
to subcontract any part of this Agreement by City, Consultant shall be responsible to
City for the acts and omissions of its subcontractor(s) in the same manner as it is for
persons directly employed. Nothing contained in this Agreement shall create any
contractual relationships between any subcontractor and City. All persons engaged in
the Work will be considered employees of Consultant. City will deal directly with and
will make all payments to Consultant. In addition, neither this Agreement nor any
interest in this Agreement 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 consent of City. Transfers restricted in this
Agreement 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
Consultant, 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 Consultant or any surety of Consultant from
any liability under this Agreement without the express written consent of City.
Revised: 12/18/17
720669 i 6
43
4.4 Independent Contractor. The legal relationship between the Parties is
that of an independent contractor, and nothing shall be deemed to make Consultant a
City employee.
A. During the performance of this Agreement, Consultant and its
officers, employees, and agents shall act in an independent capacity and shall not act or
represent themselves as City officers or employees. The personnel performing the
Services under this Agreement on behalf of Consultant shall at all times be under
Consultant's exclusive direction and control. Neither City nor any of its officers,
employees, or agents shall have control over the conduct of Consultant or any of its
officers, employees, or agents, except as set forth in this Agreement. Consultant, its
officers, employees, or agents shall not maintain an office or any other type of fixed
business location at City's offices. City shall have no voice in the selection, discharge,
supervision, or control of Consultant's employees, servants, representatives, or agents,
or in fixing their number, compensation, or hours of service. Consultant shall pay all
wages, salaries, and other amounts due its employees in connection with this
Agreement and shall be responsible for all reports and obligations respecting them,
including but not limited to social security income tax withholding, unemployment
compensation, workers' compensation, and other similar matters. City shall not in any
way or for any purpose be deemed to be a partner of Consultant in its business or
otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not have any authority to bind City in any manner.
This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant, its officers,
employees, or agents in connection with any performance under this Agreement.
Except for professional fees paid to Consultant as provided for in this Agreement, City
shall not pay salaries, wages, or other compensation to Consultant for the performance
of Services under this Agreement. City shall not be liable for compensation or
indemnification to Consultant, its officers, employees, or agents, for injury or sickness
arising out of performing Services. If for any reason any court or governmental agency
determines that the City has financial obligations, other than under Section 2 and
Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of
Consultant's officers, employees, servants, representatives, subcontractors, or agents,
Consultant shall indemnify City for all such financial obligations.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole
cost and expense, the insurance described below. The insurance shall be for the
duration of this Agreement and includes any extensions, unless otherwise specified in
this Agreement. The insurance shall be procured in a form and content satisfactory to
City. The insurance shall apply against claims which may arise from the Consultant's
performance of Work under this Agreement, including Consultant's agents,
representatives, or employees. In the event the City Manager determines that the Work
Revised: 12/18/17
720669.1 7
•• .r 44
or Services to be performed under this Agreement creates an increased or decreased
risk of loss to the City, the Consultant agrees that the minimum limits of the insurance
policies may be changed accordingly upon receipt of written notice from the City
Manager or his designee. Consultant shall immediately substitute any insurer whose
A.M. Best rating drops below the levels specified in this Agreement. Except as
otherwise authorized below for professional liability (errors and omissions) insurance, all
insurance provided under this Agreement shall be on an occurrence basis. The
minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and
maintain in full force and effect throughout the term of this Agreement, standard industry
form professional liability (errors and omissions) insurance coverage in an amount of
not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars
($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that
Consultant is unaware of any professional liability claims made against Consultant and
is unaware of any facts which may lead to such a claim against Consultant; or (b) if
Consultant does not provide the certification under (a), Consultant shall procure from
the professional liability insurer an endorsement providing that the required limits of the
policy shall apply separately to claims arising from errors and omissions in the rendition
of services under this Agreement.
(2) If the policy of insurance is written on a "claims made" basis,
the policy shall be continued in full force and effect at all times during the term of this
Agreement, and for a period of three (3) years from the date of the completion of the
Services provided hereunder. In the event of termination of the policy during this
period, Consultant shall obtain continuing insurance coverage for the prior acts or
omissions of Consultant during the course of performing Services under the terms of
this Agreement. The coverage shall be evidenced by either a new policy evidencing no
gap in coverage, or by obtaining separate extended "tail" coverage with the present or
new carrier or other insurance arrangements providing for complete coverage, either of
which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an
"occurrence" basis, the policy shall be continued in full force and effect during the term
of this Agreement, or until completion of the Services provided for in this Agreement,
whichever is later. In the event of termination of the policy during this period, new
coverage shall immediately be obtained to ensure coverage during the entire course of
performing the Services under the terms of this Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, workers'
compensation insurance in at least the minimum statutory amounts, and in compliance
with all other statutory requirements, as required by the State of California. Consultant
agrees to waive and obtain endorsements from its workers' compensation insurer
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720669.1 8
45
waiving subrogation rights under its workers' compensation insurance policy against the
City and to require each of its subcontractors, if any, to do likewise under their workers'
compensation insurance policies. If Consultant has no employees, Consultant shall
complete the City's Request for Waiver of Workers' Compensation Insurance
Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain
and maintain, in full force and effect throughout the term of this Agreement, a policy of
commercial general liability insurance written on a per occurrence basis with a
combined single limit of at least one million dollars ($1,000,000.00) and two million
dollars ($2,000,000.00) general aggregate for bodily injury and property damage
including coverages for contractual liability, personal injury, independent contractors,
broad form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of
business automobile liability insurance written on a per occurrence basis with a single
limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and
property damage. The policy shall include coverage for owned, non-owned, leased,
and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain,
in full force and effect throughout the term of this Agreement, a policy of employer
liability insurance written on a per occurrence basis with a policy limit of at least one
million dollars ($1,000,000.00)for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City Manager or his/her
designee prior to commencing any work or services under this Agreement. Consultant
guarantees payment of all deductibles and self-insured retentions. City reserves the
right to reject deductibles or self-insured retentions in excess of $10,000, and the City
Manager or his/her designee may require evidence of pending claims and claims history
as well as evidence of Consultant's ability to pay claims for all deductible amounts and
self-insured retentions proposed in excess of$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to
the insurance policies required of Consultant under this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage
shall be primary insurance with respect to the City and its officers,
council members, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City and its
officers, council members, officials, employees, agents, and
volunteers shall be in excess of Consultant's insurance and shall
not contribute with it.
Revised: 12/18/17
720669.1 9
� . 46
5.3.2 Any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage
provided to City and its officers, council members, officials,
employees, agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and
available or applicable to this Agreement are intended to apply to
each insured, including additional insureds, against whom a claim
is made or suit is brought to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the
City or its operations shall limit the application of such insurance
coverage.
5.3.4 No required insurance coverages may include any limiting
endorsement which substantially impairs the coverages set forth in
this Agreement (e.g., elimination of contractual liability or reduction
of discovery period), unless the endorsement has first been
submitted to the City Manager and approved in writing.
5.3.5 Consultant agrees to require its insurer to modify insurance
endorsements to delete any exculpatory wording stating that failure
of the insurer to mail written notice of cancellation imposes no
obligation, or that any party will "endeavor" (as opposed to being
required) to comply with the requirements of the endorsements.
Certificates of insurance will not be accepted in lieu of required
endorsements, and submittal of certificates without required
endorsements may delay commencement of the Project. It is
Consultant's obligation to ensure timely compliance with all
insurance submittal requirements as provided in this Agreement.
5.3.6 Consultant agrees to ensure that subcontractors, and any other
parties involved with the Project who are brought onto or involved in
the Project by Consultant, provide the same minimum insurance
coverage required of Consultant. Consultant agrees to monitor and
review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request,
all agreements with subcontractors and others engaged in the
Project will be submitted to the City for review.
5.3.7 Consultant acknowledges and agrees that any actual or alleged
failure on the part of the City to inform Consultant of non-
compliance with any insurance requirement in no way imposes any
additional obligations on the City nor does it waive any rights in this
or any other regard.
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72066e.i 10
4 0 47
5.3.8 Consultant shall provide proof that policies of insurance required in
this Agreement, expiring during the term of this Agreement, have
been renewed or replaced with other policies providing at least the
same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. Endorsements as required in this
Agreement applicable to the renewing or new coverage shall be
provided to City no later than ten (10) days prior to expiration of the
lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits
contained in this section are not intended as limitations on
coverage, limits, or other requirements, or as a waiver of any
coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and
provisions of this Agreement to the extent that any other section or
provision conflicts with or impair the provisions of this section.
5.3.11 Consultant agrees to provide immediate notice to City of any claim
or loss against Consultant arising out of the Work performed under
this Agreement and for any other claim or loss which may reduce
the insurance available to pay claims arising out of this Agreement.
City assumes no obligation or liability by such notice, but has the
right (but not the duty) to monitor the handling of any such claim or
claims if they are likely to involve City, or to reduce or dilute
insurance available for payment of potential claims.
5.3.12 Consultant agrees that the provisions of this section shall not be
construed as limiting in any way the extent to which the Consultant
may be held responsible for the payment of damages resulting from
the Consultant's activities or the activities of any person or person
for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be
provided by authorized insurers in good standing with the State of California. Coverage
shall be provided by insurers admitted in the State of California with an A.M. Best's Key
Rating of B++, Class VII, or better, unless such requirements are waived in writing by
the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both
certificates of insurance and endorsements, including additional insured endorsements,
affecting all of the coverages required by this Agreement. The certificates and
endorsements are to be signed by a person authorized by that insurer to bind coverage
Revised: 12/18/17
720669.i 11
w 48
on its behalf. All proof of insurance is to be received and approved by the City before
work commences. City reserves the right to require Consultant's insurers to provide
complete, certified copies of all required insurance policies at any time. Additional
insured endorsements are not required for Errors and Omissions and Workers'
Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General
and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an
acceptable Certificate of Liability Insurance Coverage with an approved Additional
Insured Endorsement with the following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named
as an additional insured..." ("as respects City of Palm Springs Contract No. or "for
any and all work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No. or
"for any and all work performed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the
expiration date thereof, the issuing company will mail 30 days written notice to the
Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" is not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of City, its elected officials, officers,
employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policies. All certificates of insurance and endorsements are
to be received and approved by the City before work commences. All certificates of
insurance must be authorized by a person with authority to bind coverage, whether that
is the authorized agent/broker or insurance underwriter. Failure to obtain the required
documents prior to the commencement of work shall not waive the Consultant's
obligation to provide them.
Revised: 12/18/17
720669.1 12 49
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by
law, Consultant shall defend (at Consultant's sole cost and expense), indemnify,
protect, and hold harmless City, its elected officials, officers, employees, agents, and
volunteers (collectively the "Indemnified Parties"), from and against any and all
liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards,
settlements, damages, demands, orders, penalties, and expenses including legal costs
and attorney fees (collectively "Claims"), including but not limited to Claims arising from
injuries to or death of persons (Consultant's employees included), for damage to
property, including property owned by City, from any violation of any federal, state, or
local law or ordinance, and from errors and omissions committed by Consultant, its
officers, employees, representatives, and agents, that arise out of or relate to
Consultant's performance under this Agreement. This indemnification clause excludes
Claims arising from the sole negligence or willful misconduct of the City, its elected
officials, officers, employees, agents, and volunteers. Under no circumstances shall the
insurance requirements and limits set forth in this Agreement be construed to limit
Consultant's indemnification obligation or other liability under this Agreement.
Consultant's indemnification obligation shall survive the expiration or earlier termination
of this Agreement until all actions against the Indemnified Parties for such matters
indemnified are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final. This provision is intended for the benefit
of third party Indemnified Parties not otherwise a party to this Agreement.
6.2 Design Professional Services Indemnification and Reimbursement.
A. To the fullest extent permitted by law, Consultant shall indemnify,
defend (at Consultant's sole cost and expense), protect and hold harmless City and its
elected officials, officers, employees, agents and volunteers and all other public
agencies whose approval of the project is required, (individually "Indemnified Party";
collectively "Indemnified Parties") against any and all liabilities, claims, judgments,
arbitration awards, settlements, costs, demands, orders and penalties (collectively
"Claims"), including but not limited to Claims arising from injuries or death of persons
(Consultant's employees included) and damage to property, which Claims arise out of,
pertain to, or are related to the negligence, recklessness or willful misconduct of
Consultant, its agents, employees, or subcontractors, or arise from Consultant's
negligent, reckless or willful performance of or failure to perform any term, provision,
covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability
for Indemnified Claims shall be reduced to the extent such Claims arise from the
negligence, recklessness or willful misconduct of the City and its elected officials,
officers, employees, agents and volunteers.
B. The Consultant shall require all non-design-professional sub-
contractors, used or sub-contracted by Consultant to perform the Services or Work
required under this Agreement, to execute an Indemnification Agreement adopting the
indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In addition,
Consultant shall require all non-design-professional sub-contractors, used or sub-
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720e69.i 13
• 50
contracted by Consultant to perform the Services or Work required under this
Agreement, to obtain insurance that is consistent with the Insurance provisions as set
forth in this Agreement, as well as any other insurance that may be required by Contract
Officer.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and
detailed accounts of all time, costs, expenses, and expenditures pertaining in any way
to this Agreement. Consultant shall keep such books and records as shall be
necessary to properly perform the Services required by this Agreement and to 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 reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such
records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the Services required by this
Agreement, or as the Contract Officer shall require. Consultant acknowledges that the
City is greatly concerned about the cost of the Work and Services to be performed
under this Agreement. For this reason, Consultant agrees that Consultant shall
promptly notify the Contract Officer the estimated increased or decreased cost if
Consultant becomes aware of any facts, circumstances, techniques, or events that may
or will materially increase or decrease the cost of the contemplated Work or Services. If
Consultant is providing design services, Consultant shall promptly notify the Contract
Officer the estimated increased or decreased cost for the project being designed if
Consultant becomes aware of any facts, circumstances, techniques, or events that may
or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared
by Consultant, its employees, subcontractors, and agents in the performance of this
Agreement shall be the property of City and shall be promptly delivered to City upon
request of the Contract Officer or upon the termination of this Agreement. Consultant
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. Any use
of such completed documents for other projects and/or use of incomplete documents
without specific written authorization by the Consultant will be at the City's sole risk and
without liability to Consultant, and the City shall indemnify the Consultant for all resulting
damages. Consultant may retain copies of such documents for their own use.
Consultant shall have an unrestricted right to use the concepts embodied tin this
Agreement. Consultant shall ensure that all its subcontractors shall provide for
assignment to City of any documents or materials prepared by them. In the event
Consultant fails to secure such assignment, Consultant shall indemnify City for all
resulting damages.
Revised: 12/18/17
robbv.i 14
. 51
7.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer. All information gained by Consultant in the performance of this
Agreement shall be considered confidential and shall not be released by Consultant
without City's prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and
during the regular business hours of City, Consultant shall provide City, or other agents
of City, such access to Consultant's books, records, payroll documents, and facilities as
City deems necessary to examine, copy, audit, and inspect all accounting books,
records, work data, documents, and activities directly related to Consultant's
performance under this Agreement. Consultant shall maintain such books, records,
data, and documents in accordance with generally accepted accounting principles and
shall clearly identify and make such items readily accessible to such parties during the
term of this Agreement and for a period of three (3) years from the date of final payment
by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and
interpreted both as to validity and as 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, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according
to its fair language and common meaning to achieve the objectives and purposes of the
Parties. The terms of this Agreement are contractual and the result of negotiation
between the Parties. Accordingly, any rule of construction of contracts (including,
without limitation, California Civil Code Section 1654) that ambiguities are to be
construed against the drafting party, shall not be employed in the interpretation of this
Agreement. The caption headings of the various sections and paragraphs of this
Agreement are for convenience and identification purposes only and shall not be
deemed to limit, expand, or define the contents of the respective sections or
paragraphs.
8.3 Default of Consultant. Consultant's failure to comply with any provision
of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant is
in default in the performance of any of the terms or conditions of this Agreement, he/she
shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or
such longer period as City may designate, to cure the default by rendering satisfactory
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720669.1 15
- 52
performance. In the event Consultant fails to cure its default within such period of time,
City shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice of any remedy to
which City may be entitled at law, in equity, or under this Agreement. Consultant shall
be liable for all reasonable costs incurred by City as a result of such default.
Compliance with the provisions of this section shall not constitute a waiver of any City
right to take legal action in the event that the dispute is not cured, provided that nothing
shall limit City's right to terminate this Agreement without cause under Section 3.5.
B. If termination is due to the failure of the Consultant to fulfill its
obligations under this Agreement, City may, after compliance with the provisions of
Section 8.3A, take over the work and prosecute the same to completion by contract or
otherwise. The Consultant shall be liable to the extent that the total cost for completion
of the Services required hereunder exceeds the Maximum Contract Amount (provided
that the City shall use reasonable efforts to mitigate such damages). The City may
withhold any payments to the Consultant for the purpose of set-off or partial payment of
the amounts owed the City as previously stated. The withholding or failure to withhold
payments to Consultant shall not limit Consultant's liability for completion of the
Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the Party against
whom enforcement of a waiver is sought. Any waiver by the Parties of any default or
breach of any covenant, condition, or term contained in this Agreement, shall not be
construed to be a waiver of any subsequent or other default or breach, nor shall failure
by the Parties to require exact, full, and complete compliance with any of the covenants,
conditions, or terms contained in this Agreement be construed as changing the terms of
this Agreement in any manner or preventing the Parties from enforcing the full
provisions.
8.5 Rights and Remedies 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.
8.6 Legal Action. In addition to any other rights or remedies, either Party
may take legal action, in law or in equity, to cure, correct, remedy or 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.
8.7 Attorney Fees. In the event any dispute between the Parties with respect
to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party
shall be entitled, in addition to such other relief as may be granted, to recover from the
non-prevailing Party all reasonable costs and expenses. These include but are not
Revised: 12/18/17
720669.1 16
~ 53
limited to reasonable attorney fees, expert consultant fees, court costs and all fees,
costs, and expenses incurred in any appeal or in collection of any judgment entered in
such proceeding. To the extent authorized by law, in the event of a dismissal by the
plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of
the date set for trial or hearing, the other Party shall be deemed to be the prevailing
Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Consultant, 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 Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. Contractor acknowledges that no officer or
employee of the City has or shall have any direct or indirect financial interest in this
Agreement nor shall Contractor enter into any agreement of any kind with any such
officer or employee during the term of this Agreement and for one year thereafter.
Contractor warrants that Contractor has not paid or given, and will not pay or give, any
third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance
under this Agreement, Consultant shall not discriminate against any employee or
applicant for employment because of actual or perceived race, religion, color, sex, age,
marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural
or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender
expression, physical or mental disability, or medical condition (each a "prohibited
basis"). Consultant shall ensure that applicants are employed, and that employees are
treated during their employment, without regard any prohibited basis. Consultant's
actions and omissions hereunder shall not incorporate any discrimination arising from or
related to any prohibited basis in any Consultant activity, including but not limited to the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; provision of benefits, rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Contractor shall fully
comply with the provisions of Palm Springs Municipal Code Section 7.09.040 relating to
non-discrimination and the prohibition of discrimination in the provision of benefits to
Consultant's employees.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible
under law, and in lieu of any other warranty by City or Consultant against patent or
copyright infringement, statutory or otherwise:
A. It is agreed that Consultant shall defend at its expense any claim or
suit against City on account of any allegation that any item furnished under this
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720669.1 17 54
Agreement, or the normal use or sale arising out of the performance of this Agreement,
infringes upon any presently existing U.S. letters patent or copyright and Consultant
shall pay all costs and damages finally awarded in any such suit or claim, provided that
Consultant is promptly notified in writing of the suit or claim and given authority,
information and assistance at Consultant's expense for the defense of same, and
provided such suit or claim arises out of, pertains to, or is related to the negligence,
recklessness or willful misconduct of Consultant. However, Consultant will not
indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such
that City's alteration of such deliverable created the infringement upon any presently
existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination
with other material not provided by Consultant when it is such use in combination which
infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim
or suit and all negotiations for settlement in the event City fails to cooperate in the
defense of any suit or claim, provided, however, that such defense shall be at
Consultant's expense. Consultant shall not be obligated to indemnify City under any
settlement that is made without Consultant's consent, which shall not be unreasonably
withheld. If the use or sale of such item is enjoined as a result of the suit or claim,
Consultant, at no expense to City, shall obtain for City the right to use and sell the item,
or shall substitute an equivalent item acceptable to City and extend this patent and
copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or
communication that either party desires, or is required to give to the other party or any
other person shall be in writing. All notices shall be personally delivered, sent by pre-
paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt
requested, or delivered or sent by facsimile with attached evidence of completed
transmission. All notices shall be deemed received upon the earlier of (i) the date of
delivery to the address of the person to receive such notice if delivered personally or by
messenger or overnight courier; (ii) five (5) business days after the date of posting by
the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any
notice, request, demand, direction, or other communication sent by facsimile must be
confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of
electronic transmission such as e-mails, text messages, and instant messages are not
acceptable manners of notice required hereunder. Notices or other communications
shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
Revised: 12/18/17
720669.1 18
55
To Consultant: Rios Clementi Hale Studios
639 N. Larchmont Blvd., Suite 100
Los Angeles, CA 90004
Attention: Mark Rios
Telephone: (323) 785-1800
Facsimile: (323) 785-1801
10.3 Integrated Agreement. This Agreement constitutes the entire agreement
between the Parties and supersedes all prior negotiations, arrangements, agreements,
representations, and understandings, if any, made by or among the Parties with respect
to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement
shall be binding unless through written agreement by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be effective and valid under applicable law. If any
provision of this Agreement shall be determined to be invalid by a final judgment or
decree of a court of competent jurisdiction, such provision shall be ineffective only to the
extent of such prohibition or invalidity, without invalidating the reminder of that provision,
or the remaining provisions of this Agreement 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.
10.5 Successors in Interest. This Agreement shall be binding upon and inure
to the benefit of the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this
Agreement be construed as conferring, any rights, including, without limitation, any
rights as a third-party beneficiary or otherwise, upon any entity or person not a party to
this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges
and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants
that (i) the Party for which he or she is executing this Agreement is duly authorized and
existing, (ii) he or she is duly authorized to execute and deliver this Agreement on
behalf of the Party for which he or she is signing, (iii) by so executing this Agreement,
the Party for which he or she is signing 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 the Party for which he or she is signing is bound.
Revised: 12/18/17
720669.1 19 56
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
Date: By:
David H. Ready, PhD
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
Edward Z. Kotkin Anthony J. Mejia, MMC
City Attorney City Clerk
APPROVED BY CITY COUNCIL:
Date: Agreement No.
"CONSULTANT"
Rios Clementi Hale Studios, a California corporation
639 N. Larchmont Blvd., Suite 100
Los Angeles, CA 90004
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice
President. The second signature must be from the Secrets Assistant Secretary, Treasurer, Assistant Treasurer, or
9 Secretary, ry
Chief Financial Officer.
By
Signature(Notarized) Signature(Notarized)
Printed Name/Title Printed Name/Title
Revised: 12/18/17
720669.1 20 W 57
CALLTorwA ALL PUFAMW ACKNOWLEDCMEQi CNL CODE§118g
A moray puthhic or other oAiew couOuINV tto c rtificsis venfin a*the sty of Be vxkvknl w W signed are
daaeoat tawhch this oertdraa a sumd d.aid not the vu*Akmk aomwwyK or vwidry of this dorametL
stage of chi ft ►
Cour4 of V
On before rne.
Date brae hreat Nier„e and Tale of Tire Offrcw
ph appeared
modSm
wle proved to me an the teas of any evKkwme to be the perean(a) wleee nenre(s) islare
suCaxibed to the within nstoanent and acknowiedped to me that hdshsAhey executed the sane in
hisAw rAhaw mulhonzed espacdy ma and that by hizftwAhea sigretors(s)on the K%3bxwrm t the perso n(s).
or the enfly upon behelt of wfich the par m*)acled sm muted hue instruanent
t certify raider PEMALTY OF PERJURY under the taws
of the State of CeBFamfa brat the toregaing paragraph
is true and caneaL
WrFNESS my rand and otyrckd seal
Swulure
Sigrabure of Akdwy Pib&
Plane Modary Sent Above
ar114)I .
Though this sackn is aphonal oornpleting ttsa a banabon cart dater attrition of the document or
Aardrlad roar achrrm it of this form to an unintvrrded doaurnent.
Deampb n of Attm:hW Doexen nt
Me or Type of Docu rrent Document Date:
Number of Papse: Signer(s)Other Than Nerved Above:
CnpmMypaQ(hatred by Signer(a)
sig ee'a Noma: Stgrw'm Name:
❑Corporate Officer—Tdk*4 ❑Corporate Officer—Tila(sy:
❑Partner— O Limited p General ❑Pander— ❑United ❑General
❑IrmkAduah ❑Atbmey in Fad ❑Inchwh a ❑Attorney m Fad
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardim or Conservator
❑O6er ❑Other
Signer Is Regeeer i g: Storer le Repreeerdig:
&M4 Netiontr Natary Aaocatim•wwn.Netnt yag-146g(-US NDTARy(I-000.676-M27) Ran#5W
w 58
EXHIBIT "A"
SCOPE OF SERVICES
Consultant previously completed the conceptual design phase for the Downtown Palm
Springs Park, and on October 18, 2017, the City Council approved the conceptual plan
incorporated herein as Figure 1 on the following pages.
Consultant shall provide the full scope of professional services necessary to complete
the following phases related to the Downtown Palm Springs Park:
• Schematic Design Phase
• Design Development Phase
• Construction Documents / Permitting Phase
• Bidding Phase
• Construction Observation Phase
• Warranty Phase
The Schematic Design shall be based from the approved conceptual design
incorporated herein as Figure 1 on the following pages.
Upon public review and approval of the Schematic Design, Consultant shall prepare a
design development package reflecting any revisions to the Schematic Design required.
Upon public review and approval of the design development package, Consultant shall
prepare Construction Documents for the Downtown Palm Springs Park.
In all instances, Consultant shall ensure the conceptual design elements approved by
the City Council on October 18, 2017, are preserved in the Schematic Design, Design
Development, and Construction Document phases.
59
FIGURE 1
DOWNTOWN PALM SPRINGS PARK
CONCEPTUAL DESIGN
APPROVED BY CITY COUNCIL OCTOBER 18, 2017
FOLLOWS THIS PAGE
w 60
The Theater The Outcrop The Spring The Cloud The Grove
(STRUCTTURE(E%1 PARKING (FUTURE DEVELOPMENT)
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EXHIBIT "B"
CONSULTANT'S PROPOSAL
FOLLOWS THIS PAGE
63
MARK IIUS
)UNTIE SNIIX-CLEXENTI
FRANK CLEBAW1
ROBERT HALE
HARK KITS.R.
"IRE
IWR RIC..B
zE,AE°„„"1LEA N December 20, 2017
CETUD
LAUDIA
SSI"IYSO4
RCEPEL SNEENEY
:E55A CN]SPRI
].11.A", David Ready, Esq., Ph.D., City Manager/City Engineer
WA HER Marcus Fuller, MPA, PE, PLS, Assistant City Manager/City Engineer
AINEE LESS
`N.A WE] City of Palm Springs
KDL ANDN,KI
PLII."1["WI
XLPNCY PEAN� Palm Springs City Hall
E 1 HAA
"w°" T
TM EI SIN
ESTERS
3200 E.Tahquitz Canyon Way
IIIIIII.TK ERS
"`ER"`"° Palm Springs, CA 92262
y°RI.SLMI"l.]EIEKAN
PLTSELL DYRANN
BPENI]PCC95EN
°EX S1gGX
„I1E^I Sent via email: marcus.fuller@palmsprings-ca.gov
ES.LID
n,PL s
BA nEu°ICK
'P.N NE"EELD
11:IIN .A PROPOSAL
.II...:IE,`: PROFESSIONAL DESIGN SERVICES
]DM°DSENIEPL
.IN'°"""""""KS PALM SPRINGS DOWNTOWN PARK
"AN E ESN
..'I,KIN
CANERDN S,ENA°I
BEN,MN
:S.ftIIA Dear David and Marcus,
BRITTANY MILLER
RACHEL
I IS
.EL T.L We are pleased to provide you with this proposal for professional design
IwRW X"N,ER
AI EZC WLIIOJ
RAZE"NYREK services for Palm Springs Downtown Park. This proposal will define the
.11TI."EEN agreement between the City of Palm Springs (Owner) and Rios Clementi
E"MY BRZEC...
°"'"N'. Hale Studios (RCHS).
SAMELI C.
SAIIII
FliIE DRISWLL
""^`Y°°' SCOPE OF WORK
ASNIEL B°EI
RYAN ANNELERLE;
YI,A
DEtiN;YA°NKI The RCHS team will advance the conceptual design for Palm Springs
ENELYN...N,
..W EEIE°SM
A ONNL Downtown Park approved in October 2017 through to implementation. The
SCHUH
W°f F'EfXEVI scope of work will include a palm grove, seating and paving, water feature,
I.E.XEWE»NALL
LVEI
lawn areas, vegetated areas, outcrop landform, stage, public restroom,
11I%NVRE"Y
„I'ME`ED°°; " police substation, and shade canopies. Park design will be coordinated with
`11.RL" efforts to site the Aluminaire House and the Forever Marilyn sculpture in the
1HAS.N1IRS I.'
NYNKN.1 park, but the design, engineering and costing of these elements will be by
ERIN"IL,I
`'EA., others. Park design will also be coordinated with improvements to the
RSNI EALIA"
,I....I
.11 CLIECI."X"E aboveground portion of the adjacent parking structure, including
IRRIAEIII
IC. IN BSE demolition and repairs to the side of the parking structure and construction
]IX`IACF`LIII �
"' of an elevator and stair tower on the east end, but the design, engineering
V I.NE.,
„PO'RAIL"IIMBC and costing of these improvements will be by others. The construction
WPY EEIN UCCElMC
639 N LARCHMONT BLVD, SUITE 100 LOS ANGELES, CA 90004 323.765.1800 PH 323.785.1801 FAX WWW.RCHSTUDIOS.COM
PAGE 2
PALM SPRINGS budget for the park is $5 million plus any costs associated with retrofitting
OOWNTGWN PARK the subsurface parking structure and constructing the police substation.
Waterproofing consultant, if required, can be added at a later date.
RCHS will provide the following services:
1. Landscape architecture
2. Architecture
3. Experiential graphic design (EGD)
RCHS will retain subconsultants (scopes attached) for the following services:
1. Structural engineering (PKA Structural)
2. Irrigation (Sweeney)
3. Water feature design/engineering (Fluidity)
4. Cost estimating (MGAC)
5. Civil engineering (MSA Consulting)
6. MEP engineering and lighting (MRC Engineering)
7. Security &Technology (Guidepost Solutions)
8. Agronomic soil testing (Wallace Labs)
70
PAGE 3
PALM SPRINGS SCOPE OF SERVICES
DOWNTOWN PARK
SCHEMATIC DESIGN PHASE
Upon approval of contract for professional design services, RCHS will
prepare a schematic design package. Tasks will include:
1. Manage project and coordinate with City and subconsultant team
2. Review topographic survey and geotechnical report
3. Brief subconsultant team on conceptual design intent and project
parameters
4. Lead on-site kick-off meeting with subconsultant team and City
5. Confirm project program, budget and contracting mode with City
6. Review City code requirements and summarize applicable design
criteria
7. Prepare schematic design package including:
a. grading and drainage plan
b. utilities plan
c. hardscape plan
d. planting plan
e. hardscape and planting material palettes
f. architectural concepts
g. lighting concepts
h. EGD concepts
i. waterproofing concepts
j. security &technology concepts
k. water feature concepts
I. elevations and sections
8. Prepare SD basis of design narrative
9. Prepare SD construction cost estimate
10. Review schematic design package and cost estimate with Downtown
Subcommittee
DESIGN DEVELOPMENT PHASE
Upon approval of the schematic design package and cost estimate, RCHS
will prepare a design development package. Tasks will include:
1. Manage project and coordinate with City and subconsultant team
2. Brief subconsultant team on Downtown Subcommittee and
stakeholder comments 71
PAGE 4
PALM SPRINGS 3. Prepare 50% and 100% design development packages
DOWNTOWN PARK
a. demolition plan
b. grading plan
c. drainage plan
d. paving plan
e. utilities plan
f. civil details
g. planting plan
h. hardscape materials plan
i. planting and hardscape details
J. irrigation zoning plan
k. architectural plans
I. sections and elevations
m. architectural details
n. electrical plan
o. electrical details
p. EGD drawings
q. waterproofing drawings
r. security &technology drawings
s. water feature drawings
t. restroom drawings
u. structural details and calcs
v. lighting plan
4. Prepare DD basis of design narrative at 50% and 100%
5. Prepare DD construction cost estimate at 50% and 100%
6. Prepare outline specifications at 100%
7. Review 50% design development package and cost estimate with
Downtown Subcommittee and City department staff
8. Review 100% design development package with Downtown
Subcommittee, City design review boards, and City Council
CONSTRUCTION DOCUMENTS/PERMITTING PHASE
Upon approval of the design development package and cost estimate, RCHS
will prepare the construction documents and permit submittal. Tasks will
include:
1. Manage project and coordinate with City and subconsultant team
2. Brief subconsultant team on Downtown Subcommittee and
stakeholder comments 72
3. Prepare 50% and 100% construction document packages
PAGE 5
PALM SPRINGS a. demolition plan
DOWNTOWN PARK
b. TESC plan
c. grading plan
d. drainage plan
e. civil paving plan
f. utilities plan
g. civil details
h. planting plan
i. hardscape materials plan
J. layout plan
k. planting and hardscape details
I. irrigation plan
m. irrigation details
n. architectural plans
o. sections and elevations
p. architectural details
q. electrical plan
r. electrical details
s. EDG drawings
t. waterproofing drawings
u. security &technology drawings
v. water feature drawings
w. restroom drawings
x. structural details and calcs
y. lighting plan
z. lighting details
4. Prepare CD basis of design narrative at 50% and 100%
5. Prepare CD construction cost estimate at 50% and 100%
6. Submit 50% CD package for initial building permit intake
7. Make corrections and revisions based on permit comments
8. Submit 100% CD package for final permit approval
9. Prepare draft technical specifications at 50%
10. Prepare final technical specifications at 100% (add to Division 1
General Requirements and Project Manual by City)
11. Review construction document package and cost estimate with
Downtown Subcommittee at 50% and 100%
73
PAGE 6
PALM SPRINGS BIDDING PHASE
DOWNTOWN PARK Upon approval of the construction documents and receipt of building
permit, RCHS will support City bidding process. Tasks will include:
1. Manage project and coordinate with City and subconsultant team
2. Provide bid addenda and clarifications in response to bidder
questions
3. Attend pre-bid conference
4. Support City with bid evaluations as necessary
5. Make design modifications to reduce construction cost, if requested,
on a time and materials basis
CONSTRUCTION OBSERVATION PHASE
Upon selection of contractor, RCHS will participate in construction
observation. Tasks will include:
1. Manage project and coordinate with City and subconsultant team
2. Review submittals and mock-ups
3. Respond to requests for information (RFIs)
4. Review proposed substitutions, alternates and change orders
5. Attend pre-construction conference
6. Attend bi-weekly construction meetings (after 9 months, additional
meetings will be on a time and materials basis)
7. Observe construction during bi-weekly visits for consistency with
design intent as conveyed in the construction documents
8. Select and tag critical plant materials in nursery for delivery
9. Attend substantial completion walk through
10. Review contractor punch list
11. Attend final completion walk through
12. Review contractor' s as built drawings
13. Prepare record documents based on contractor as built drawings
WARRANTY PHASE
Prior to the end of the contractor' s warranty, RCHS will participate in a
review. Tasks will include:
1. Manage project and coordinate with City and subconsultant team
2. Participate in warranty walk through
3. Prepare summary of items for contractor replacement 74
PAGE
PALM SPRINGS
DOWNTOWN PARK S C H E D U L E
The following are anticipated durations for consultant team work. Additional
periods may be required for City/permit review or contractor-driven
construction scheduling.
Schematic Design 3 months
Design Development 4 months
Construction Documents/Permitting 5 months
Bidding 2 months
Construction Observation 9 months
Warranty 1 year later
75
0
o v
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z
ti 3
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£ N
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A D
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l N W
SCHEMATIC DESIGN CONSTRUCTIO BIDDING CONSTRUCTIO WARRANTY
DESIGN DEVELOPMENT N N
m RCHS
X (MGMT,LANDSCAPE, $92,935 $126,860 $204,310 $17,100 $115,560 $3,660 $560,425
G O ARCH,EGD)
ZPKA
pp (STRUCTURAL) $4,300 $7,700 $10,000 $1,000 $7,800 $30,800
= SWEENEY
{Dif (IRRIGATION) $1,950 $6,750 $4,670 $13,370
m
ZFLUIDITY
p (WATER FEATURE $15,000 $25,000 $20,000 $1,500 $15,000 $76,500
DESIGN)
� MGAC
(COST ESTIMATING) $4,000 $11,000 $13,000 $2$ QQQ
MSA
(CIVIL) $9,300 $16,600 $42,900 $2,000 $5,000 $75,800
M RC
(ELECTRICAL, LIGHTING, $3,800 $8,900 $11,900 $2,100 $4,500 $31,200
GUIDEPOST SOLUTIONS
(SECURITY, $3,220 $6,250 $8,055 $370 $3,570
$21,465
TECHNOLOGY)
WALLACE LABS
$4,300 $4,300
(SOIL TESTING)
$132,555 $208,560 $316,915 $24,070 $156,100 $3,660 $841,860
rn
PAGE 9
PALM SPRINGS
DOWNTOWN PARK
SCHEDULE OF PAYMENTS
For Schematic Design through Construction Documents/Permitting phases,
the City will be billed monthly on a percent complete basis by phase with
the total lump sum labor fee of$658,030 broken into the following
amounts for each phase.
Schematic Design $132,555
Design Development $208,560
Construction Documents/Permitting $316,915
TOTAL LUMP SUM $658,030
For Bidding through Warranty phases, the City will be billed monthly on a
Time and Materials basis against the following estimated Not to Exceed
amounts.
Bidding $24,070
Construction Observation $156,100
Warranty $3,660
TOTAL T&M NTE $183,830
EXPENSES
Topographic survey by MSA $4,600
Geotechnical report by sub to MSA $3,500
SWPPP Monitoring by MSA $10,100
Title 24 Monitoring by MRC $1,200
Reprographics allowance* $30,000
Reimbursables allowance* $33,000
TOTAL $82,400
Reprographics and reimbursables shall be billed at 1.1 times direct cost. Such
expenditures may include but are not limited to the following: messenger and
delivery charges; mileage; reproduction and blueprinting expenses; plotting,
photography; graphic resources; fax and long distance telephone expenses; and
travel expenses, including transportation, parking fees, lodging and meals.
Vehicle mileage will be billed at the current IRS mileage rate for specific job-
077-
PAGE 10
PALM SPRINGS related trips (i.e. product and material research and selection, and long distance
oowNTowN PARK job meetings). Mileage for meetings within Los Angeles is included within the
total contract fees.
*Every effort will be made to limit reprographic and reimbursable expenses to
these allowances. Any additional expenses necessary will be only be incurred
with prior written approval of Owner.
HOURLY RATES FOR TAM PHASES
RCHS
Partner $275.00
Principal $220.00
Senior Associate $195.00
Associate $165.00
Designer $125.00-$140.00
78
PAGE 11
PALM SPRINGS PKA
DOWNTOWN PARK
Principal $195.00
Associate $150.00
Sr Structural Engineer $125.00
Project Manager $115.00
Structural Engineer $115.00
Structural Designer $95.00
CAD/Revit Operator $80.00
Construction Admin $95.00
SWEENEY
Principal $160.00
Project Manager $140.00
Irrigation Designer $120.00
Field Technician $150.00
FLUIDITY
President $325.00
Principal $250.00
Engineering Director $200.00
Sr Project Designer $175.00
Project Engineer $175.00
Project Designer $125.00
Designer $80.00
MSA
Principal Engineer $225.00
Director of Design $215.00
Senior Project Manager$215.00
Project Manager $180.00
Senior Project Engineer$160.00
Project Engineer $150.00 79
PAGE 12
PALM SPRINGS Senior Designer $145.00
DOWNTOWN PARK
CAD Designer $120.00
CAD Technician $105.00
M RC
Principal $195.00
Project Manager $125.00
CAD Operator $85.00
Engineer $145.00
Lighting Designer $145.00
GUIDEPOST
Principal $250.00
Subject Matter Expert $230.00
Senior Project Manager$200.00
Project Manager $185.00
Senior Designer $185.00
Professional Engineer $185.00
Technology Designer $175.00
Assoc. Project Manager$160.00
Designer/Drafter $125.00
SU9CONSULTANT SCOPES
1. Structural engineering (PKA Structural)
Schematic Design through Construction Documents/Permitting
PK Associates will provide engineering, AutoCAD and construction
administration for the design of these site landscaping features and design
of the new landscaping supported on the lid of the existing below grade
parking structure.The scope will include the following:
1. Ramadas
PAGE 13
PALM SPRINGS 2. Site retaining walls
DOWNTOWN PARK
3. Site screen walls
4. Light pole foundations
S. Review capacity of the existing parking structure lid
6. Monument signage
7. Amphitheater seating
8. Police Substation of 700-800 sf. Fees assume the police station will
be supported by the garage and include investigation to support this
load and the design of it.
9.Included in our fees will be:
• 2 meetings at RCH Studio offices during design
• Go-To-Meetings as required
• 2 visits to the site during design
3 visits to the site during construction
Construction Observation
Services to include the review of shop drawings, response to Contractor
RFI' s and interpretation of drawings.
2. Irrigation (Sweeney)
Sweeney + Associates agrees to perform the following services:
Provide irrigation consulting and design services for the above referenced
project. The project is the design of landscape irrigation systems for a new
park in Palm Springs, California.The project shall be designed using
AutoCAD drafting software on no more than one (1) sheet of 24" x 36"
drawings at 1" = 20' scale, not counting those required for legends, notes,
calculations and details. RCHS shall provide all digital base information
including base sheets, planting plans, grading plans, utility plans, and title
blocks with planting sheet set-ups. RCHS shall provide an e-transmit of the
AutoCAD drawings to include all required x-reference drawings, image files
and plotting ctb files. The fee proposal assumes that submittal packages
shall be provided by the consultant at the various stages of the design and
are specified below.
Additional submittals (other than direct municipal agency irrigation plan
check revisions) and other design phases (schematic design, tender
documents, permitting sets, etc.) are excluded from this scope of work and 81
PACE is
PALM SPRINGS fee proposal. RCHS shall provide 100% completed planting plans and
DOWNTOWN PARK
hydrozone plans prior to the start of the irrigation
construction document design. Any irrigation design started on incomplete
planting and hydrozone plans may result in billable irrigation revisions due
to changes out of the control of the consultant. The scope of work shall be
defined as the following:
Design Development - includes project research, coordination with the
design team members, water use and water pressure calculations,
coordination of water points of connection and electrical power locations,
mainline routing and sizing and preliminary irrigation materials legend and
installation details. (50% and 100% submittals only)
Construction Documents/Permitting
The consultant shall provide complete irrigation construction drawings
including plans, notes, materials legends, installation details, water pressure
calculations, peak irrigation run time calculations and specifications. The
consultant shall coordinate with the project civil engineer for water and
electrical sources. The irrigation drawings shall be in compliance with the
local agency's Water Efficient Landscape Ordinance (WELD) and include the
required WELO calculations. No on-site meetings have been included in this
scope of work and fee. The fee assumes that there will be no more than two
(2) submittals (at 50% and 100% completion) of the construction document
irrigation drawings. The irrigation deliverables shall include AutoCAD
drawing files, PDF plots of the drawings and specifications in book form as a
Word document in CSI format. The consultant shall revise the irrigation
drawings as required due to base sheet changes or planting plan changes.
The time required for any re-plotting of PDF drawings due to title block
changes, etc., and other than in the official submittals indicated above, shall
be billed against the revision allowance. The time required for the revisions,
or re-plotting, shall be billed against the revision allowance.
Construction Observation
The consultant shall provide construction administration services in the form
of the review and written comments on contractor materials submittals and
the answering of requests for information (RFI) from the construction team.
The review of the contractor' s as-built record drawings, verification of as- 82
PAGE 15
PALM SPRINGS built drawing accuracy and drafting of the as-built drawings is not included
DOWNTOWN PARK in this scope and fees and will not be provided. The consultant shall provide
field observation services during construction to observe and report on the
installation of the irrigation system. The consultant recommends that site
observations be provided at the following milestones: mainline pressure
test, irrigation coverage test, and two final observations. The scope and fees
assume no more than three (3) construction observations shall be provided.
The fees for the construction observations include travel time to the site,
field time and a written field report or punch list. The AB 1881 certificate of
completion is excluded from this scope of work and shall be an additional
service if requested.
3. Water feature design/engineering (Fluidity)
Fluidity will collaborate with the project team, including Landscape
Architecture, Lighting, Structural and Civil Engineering, and others, in the
development of the water feature. The water feature covered by this
proposal is defined as follows: The Spring feature is envisioned to be a
stepped, cascading water feature which falls into a lower area. The lower
area housesjets for interactive play. The feature is to be carefully integrated
into its space, activated for the purpose of gathering. Professional services
outlined in this Agreement shall be performed under the following phases:
Schematic Design
Advance the design in response to comments, as necessary.
• Develop schematic designs at Fluidity' s studio in Los Angeles while
maintaining communication with the design team.
• Create design drawings that document the design intent. The
Preliminary Schematic Design set will include water feature Plans,
Elevations, Sections, Details, Machine Room location, size and utility
requirements. RCHS to provide and base drawings. Fluidity to
coordinate with RCHS and other design team members.
• Receive comments from RCHS and design team members. Coordinate
and address concerns.
• Release a completed set of Schematic Design drawings.The Schematic
Design set will include water feature Plans, Elevations, Sections,
Details, Piping &Instrumentation Diagram, Machine Room location,
size and utility requirements.
• Provide ROM Construction Cost Estimates and Operations &
Maintenance Cost Estimates of the water feature designs.
• Present the work to the project team in Los Angeles. Answer questions
asked. Provide digital copies of the material.
Design Development
83
• Advance the design in response to comments, as appropriate, while
maintaining regular communication with the project team.
PAGE 16
PALM SPRINGS Coordinate with the landscape, architectural, structural, plumbing and
DOWNTOWN PART( other members of the project team.
• Prepare a set of design and engineering drawings sufficient to convey
intent. The deliverables include General Notes, Site Plan, Finishes
Plans, Basin Plans, Elevations, Sections, Details, Specification
information, Preliminary Equipment Schedules, Piping and
Instrumentation Diagrams (P&ID), Single-Line Electrical Diagrams,
Electrical Panel Schedules, and Preliminary Machine Room Plans.
• Revise ROM Construction Cost Estimates and Operations &
Maintenance Cost Estimates of the water feature designs.
• Provide digital copies of the work to RCHS at 50%and 100% stages of
completion.
Construction Documents/Permitting
• Advance the design in response to comments, as appropriate, while
maintaining regular communication with the project team.
• Coordinate with the architecture, landscape and engineering entities.
• Prepare a set of Water Feature Construction Documents. Deliverables
will include: General Notes, Site Plan, Finishes Schedules, Finishes
Plans, Basin Plans, Elevations, Sections, Details, Programing Control
Signal Plan, Water Feature Construction Specifications, Equipment
Schedules, Piping and Instrumentation Diagrams (P&ID), Single-Line
Electrical Diagrams, Sequence of Operation, Description of Control,
Electrical Panel Schedules, Machine Room Plans, Machine Room
Elevations, Piping Plans, Conduit Plans, Mechanical and Piping
Specifications, Electrical Specifications.
• The Water Feature Construction Documents to be submitted for
review and approval at 50% and 100% stages of completion.
• Make Agency-required corrections to the Construction Documents
until achieving approval. In-person Agency contact is by others.
Bidding
Provide to the project team a list of qualified specialist water feature
construction contractors, if requested. Review and provide comments
of the qualifications of construction contractors suggested by others.
• Participate in a Pre-bid Conference with interested construction
contractors identified for competitive selection. Explain the water
feature designs in detail; answer questions that arise.
• Review Bid questions and provide annotated responses in a timely
manner.
Review completed Bids. Report noteworthy conclusions to the project
team.
Construction Observation
• Participate in a Pre-Construction Conference with the selected
contractor. Review procedures and communications protocols. Identify
contact persons, and discuss the project in detail, reviewing general
construction approach, the project schedule, potential problems, etc.
• Maintain regular communications with the contractor and the project
team.
PAGE 1]
PALM SPRINGS Review and comment on Shop Drawings, Submittals and Requests for
DOWNTOWN PARK Information (RFIs) in a timely manner.
• Visit the jobsite three times during construction to view the
contractor' s work and maintain an open, communicative and
constructive relationship. Report findings in writing; distribute to the
project team.
Assist the Contractor in troubleshooting technical problems upon
startup. Establish the start date for Fluidity' s on-site Commissioning
effort. Owner to verify and approve Fluidity on-site start date in
writing.
• Provide Art Direction of water character, sounds and lighting to the
contractor. Gain Owner and RCHS approval of the work.
Observe that the Maintenance Manuals and Warrantees are delivered,
and the Contractor has trained the maintenance staff.
• Prepare a Punch List. Distribute copies.
Resolve final Punch List items. Report completion of project to the
project team.
* Computer-generated water choreographies for project team review
and Owner approval are excluded, but can be provided for an
additional fee.
4. Cost estimating (MGAC)
GMAC will provide the following services:
Cost Reports
Provide draft and final construction cost reports at the 100% schematic
design, 50% and 100% design development, and 50% and 100%
construction document stages. Cost reports to be provided in a Uniformat II
format.
Meetings
Attend one meeting per design stage to gather information and/or to
present cost reports.
Value Engineering
Provide basic support to include pricing for proposed value engineering
items at each design stage.
5. Civil engineering (MSA Consulting)
MSA (Consultant) proposes to perform the following tasks:
Schematic Design 85
PAGE 18
PALM SPRINGS
DOWNTOWN PARK
1.1. Utility Research
Research and map the relevant utilities affecting the property for use in
identifying
available service connections and site design constraints. Tasks will include:
• Perform utility research, including procurement of as-built
plans for recently constructed improvements and verification
of as-built plans and plats obtained previously.
• Visit the site to field verify visible surface utility facilities.
1.2. Initial Field Survey(accounted for under expenses)
Perform initial field survey of as-built conditions of new improvements
along Museum
Way and Belardo Road, existing improvements on Museum Drive south of
Museum
Way, topography and existing improvements on the proposed Aluminaire
House and
Outdoor Gallery site, and any necessary existing features not previously
surveyed.
1.3. AutoCAD Base Plan
Using information discovered from the utility research and field survey, as
well as
AutoCAD files of the site plan provided by Client, create a Base Plan in
AutoCAD
format, integrating mapping, topo, utilities, architectural concept drawings
and
conceptual civil improvements, for distribution to design consultants.
1.4. Conceptual Site Plan and Drainage Exhibit
Based upon the final site concept provided by Client, create an exhibit of the
conceptual site plan, including intended grading concepts and drainage
schemes.
1.5. Conceptual Construction Quantities for Cost Estimate
Using the conceptual site plan developed in Task 1.3, provide conceptual
construction quantities for use in cost estimating by others.
1.6. Geotechnical Report(accounted for under expenses) R 6
PACE 19
PALM SPRINGS Provide a supplemental Geotechnical Report to the City, referencing the
DOWNTOWN PARK
previous
report produced for the subject property and including foundation and
pavement
recommendations and infiltration analysis; report to be performed by
others.
1.7. Meetings and Miscellaneous Assistance
Provide miscellaneous assistance as requested by Client and project team.
Assistance to include miscellaneous exhibits, reimbursables, data transfers,
consultation and coordination services not listed in scope. This task to be
performed
on a time and materials basis; assistance that exceeds this amount will be
discussed
with the Client to have this agreement modified or invoiced on a time and
material
basis.
Design Development
2.1. Pre-Design Survey(accounted for under expenses)
Prior to preparation of construction documents, provide pre-design survey
of the
existing conditions to verify specified points of tie-in to proposed
improvements.
2.2. Preliminary Grading and Drainage Plan
Prepare a Preliminary Grading Plan showing key proposed elevations and
grades,
and preliminary storm drain layouts.
2.3. Preliminary Hydrology Report
Prepare a Preliminary On-Site Hydrology Study to estimate pre- and post-
development
flow volumes and the on-site retention required by the project design;
process through City for approval.
2.4. Preliminary Water Quality Management Plan
87
PACE 20
PAIN SPRINGS Prepare a Preliminary Water Quality Management Plan (PWQMP) for the
DOWNTOWN PARK
parcel and
process through City for approval.
2.5. Preliminary Water/Sewer/Fire Protection Exhibit
Prepare exhibit depicting preliminary layouts for domestic water, fire
protection water
and sanitary sewer lines; preliminary storm drain layout will be included as
well for
reference.
2.6. Preliminary Construction Quantities for Cost Estimate
Using the conceptual plans developed above, provide conceptual
construction
quantities for use in cost estimating by others.
2.7. Meetings and Miscellaneous Assistance
Provide miscellaneous assistance as requested by Client and project team.
Assistance to include miscellaneous exhibits, reimbursables, data transfers,
consultation and coordination services not listed in scope. This task to be
performed
on a time and materials basis; assistance that exceeds this amount will be
discussed
with the Client to have this agreement modified or invoiced on a time and
material
basis.
Construction Documents/Permitting
3.1. Precise Grading and Drainage Plan
Prepare a Precise Grading and Drainage Plan at a scale of 1" =20' based
on final
approved Preliminary Grading and Drainage Plan, including Demolition Plan
and
Storm Drain Plan; process through City for approval.
3.2. Final Hydrology Report
Prepare a Final Hydrology Report; process through City for approval.
PAGE 21
PALM SPRINGS 3.3. Final Water Quality Management Plan
DOWNTOWN PARK prepare Final Water Quality Management Plan (WQMP); process through
City for
approval.
3.4. Private Sewer Improvement Plan
Prepare Private Sewer Improvement Plan at a scale of 1" =40' ; process
through City
for approval.
3.5. Private Water Improvement Plan
Prepare Private Water Improvement Plan at a scale of 1" =40' ; process
through
Desert Water Agency (DWA) for approval.
3.6. Private Fire Protection Improvement Plan
Prepare Private Fire Protection Improvement Plan at a scale of 1" =40' ;
process
through DWA and Fire Department for approval.
3.7 Storm Water Pollution Prevention Plan
Prepare Storm Water Pollution Prevention Plan (SWPPP), including Notice of
Intent
(NOI); process through State for approval.
3.8. Fugitive Dust Control Plan
Prepare Fugitive Dust Control Plan (PM-10 Plan); process through City for
approval.
3.9. Final Construction Quantities for Cost Estimate
Using the construction documents developed above, provide final
construction
quantities for use in cost estimating by others.
3.10. Construction Specifications
Based upon the construction documents and quantities developed above,
provide
technical specifications for civil work.
89
PAGE 22
PALM SPRINGS 3.11. Meetings and Miscellaneous Assistance
DOWNTOWN PARR Provide miscellaneous assistance as requested by Client and project team.
Assistance to include miscellaneous exhibits, reimbursables, data transfers,
consultation and coordination services not listed in scope. This task to be
performed
on a time and materials basis; assistance that exceeds this amount will be
discussed
with the Client to have this agreement modified or invoiced on a time and
material
basis.
Bidding
4.1. Bidding Support
Coordinate bidding process, respond to bidders' questions (up to 8 hours
assumed)
and represent the Client at one mandatory pre-bid meeting.
Construction Observation
5.1. Construction Support
Represent the Client at one preconstruction meeting, provide up to 16 hours
for
responses to contractor' s questions, review materials submittals, perform
construction conformance site visits (up to 3 visits assumed plus final
conformance).
5.2. SWPPP Monitoring Services(accounted under expenses)
Under the National Pollutant Discharge Elimination System (NPDES) General
Permit
for Storm Water Discharges Associated with Construction and Land
Disturbance
Activities, visual inspections are required by a Qualified SWPPP Practitioner
(QSP)
or trained individual to take place for the duration of the construction
process, which
is assumed to take 9 months per Client' s draft schedule: 1) on a weekly
basis, 2) at
90
PAGE 23
PALM SPRINGS least once each 24-hour period during an extended storm event, and 3)
DOWNTOWN PARK
within 48
hours after a qualifying rain event (producing 0.5 inches or more in
precipitations).
Information from the monitoring records is utilized to prepare the Annual
Report,
which must be completed and electronically submitted no later than
September 1 of
each year via SMARTS, the State' s online tracking system.
a) Weekly QSP Monitoring: Perform weekly QSP Monitoring with
corresponding reports for an estimated 40 weeks. Upon Client' s
written request, MSA Consulting will make additional site visits to
verify the construction project is in compliance with California' s
standards, at the weekly rate specified below. Client shall make all
site visit requests at least one (1) full day prior to the date the visit is
requested.
b) QSP Reporting: Compile observations and monthly reports for an
Annual Report.
c) Miscellaneous QSP Assistance: Provide miscellaneous assistance
with non-compliance issues, Change of Information (COI), etc.
6. MEP engineering and lighting (MRC Engineering)
MRC will provide the following services:
Schematic Design through Construction Documents/Permitting
1. Provide electrical and lighting design engineering and mechanical &
plumbing engineering for a new downtown park (lighting design will be
provided by Raya Lighting Design).
2. Attend four (4) design coordination meetings during the design
development and construction document phases of the project.
PAGE 24
PALM SPRINGS 3. Coordinate the project utilities with the previously designed utility plans
DOWNTOWN PARK prepared by MRC Engineering and make all submittals to the Edison
Company required.
4. Design the electrical distribution system throughout the park to facilitate
normal and special event park lighting and power requirements.
5. Design power to future street vendor locations with provisions to
facilitate distribution spider boxes.
6. Provide site photometric plans for submittal to the building department.
7. Design power to all signage.
8. Design power for future portable sound and lighting systems used for
special events.
9. Provide a conduit only plan between the stage area and the future
positions for portable lighting and sound towers.
10. Provide an engineer' s electrical and lighting cost estimate.
11. Provide mechanical exhaust systems for the new restrooms and storage
rooms.
12. Provide plumbing engineering for the restroom fixtures waste, vent and
hot & cold water systems.
13. The construction documents shall include all general and specific notes
and
Specifications.
14. Provide all mechanical, electrical and plumbing details required
illustrating the
specific design requirement as required.
15. Our design of the water, sewer and storm drain utilities will stop at a
point 5'
92
PAGE 25
PALM SPRINGS outside the building perimeter. The project civil engineer shall be
DOWNTOWN PARK responsible to extend these utilities to the city utility systems.
16. Provide Title 24 compliance reports and documentation for the electrical
and
mechanical systems as required for submittal with the construction
documents to the Building Department. (accounted under expenses)
17. Provide a set of electrical, mechanical & plumbing documents for Design
Development and final Construction Documents that includes all plans,
details,
diagrams, notes, specifications and calculations needed for building
department submittal, bidding and construction.
18. Coordinate lighting pole details for all pole lighting systems with
structural engineer.
19. Provide assistance during the Building Department plan check process
and
permitting phase.
7. Security&Technology (Guidepost Solutions)
Guidepost Solutions LLC' s Security and Technology Consulting practice
( "Guidepos" ) will provide low voltage systems design services for the
construction of a police substation. Our intent is to provide independent,
objective consulting services to assist the City and the Rios Clementi Hale
project team in making decisions. Work will be coordinated with all relevant
members of the Architect design team. Guidepost Solutions LLC' s work will
include the following elements:
Electronic Security Systems
• Design of a new Access Control and Alarm Monitoring system.
Primary components will include access control panels, card readers,
alarm contacts, motion detectors, etc.
• Design of a new IP-based network video surveillance system. Primary
components will include network video recorders, and IP-based
video cameras. g
PAGE 26
PALM SPRINGS • Assessment of the communication path to the alarm monitoring
DOWNTOWN PARK
center or Security Operations Center if applicable.
• Coordination of access control and alarm monitoring system
components with the project' s door hardware consultant/specifier.
• Coordination of primary 120 VAC power requirements for the
security systems with the project' s
• electrical engineer.
• Coordination of network and phone connections required for the
operation of the security systems
• with Owner' s IT representative.
• Security Systems Assumptions & Exclusions: This proposal does not
include the design of door hardware. Guidepost Solutions LLC will
review and coordinate door hardware with the electronic security
and the project' s hardware consultant, as shown on the Guidepost
Solutions LLC drawings.
Telecommunications Infrastructure
• Design telecommunications infrastructure, which includes
coordination of spaces and pathways for telephone, data, wireless
systems within the building supporting all technology and security
systems
• Design of backbone and horizontal cable plant to meet the
Owner' s requirements
• Design of cable management system, and drafting of locations of
telephone and data outlets on floor plans
• Coordination of conduit and power requirements for
telecommunication rooms and systems
• Telecommunications Infrastructure Assumptions & Exclusions: This
proposal does not include the coordination of incoming services
with utility companies/service providers, unless specifically
mentioned within the scope of services. Design of network
electronics, switches, routers, servers, cross-connection cabling,
wireless equipment, etc. is not included in this proposal. This work
will be performed by others.
This scope of work includes:
Schematic Design 94
PAGE 27
PALM SPRINGS
DOWNTOWN PARK • Review preliminary plans and conduct interviews with key project
team and Owner' s representatives.
• Identify systems any equipment required by Owner' s low voltage
systems standards (if applicable).
• Coordinate with the other design professionals assigned to this
project.
• Attend two design and coordination meetings.
• Prepare a Systems Design Narrative. This narrative will include the
following:
o Summary of all systems program requirements
o Description of required systems and equipment
o Space requirements for all infrastructure &equipment
o Cost analysis of design options
Design Development
• Produce Design Development systems drawings which include the
following:
o Title sheet, with General Notes, Conventions, Symbols List,
Abbreviation List, and Drawing Index.
o Site and floor plans showing devices and equipment
locations.
o System block diagram showing major components and
functional interconnections.
• Produce Design Development specifications in outline or full CSI
format per the project requirements.
• Attend two design and coordination meetings.
• Drawings and specifications will be submitted at the required
milestones— (i.e. 50% DD, 100% DD) —for review and approval.
Construction Documents
Guidepost Solutions LLC will develop Design Development documents into
a Construction Documents package. This will include the following
additional information:
• Site and floor plans showing specific device and equipment
locations.
95
PAGE 28
PALM SPRINGS • System block diagrams for each system. Block diagrams show the
DOWNTOWN PARK
logical relationships between
• equipment and sub-systems.
• Equipment elevation and typical installation details showing
equipment layout and space
• requirements for all equipment.
• Device interface schedules or detail references, where applicable
• Coordinated systems requirements with the project' s design team:
architectural, electrical,
• mechanical, IT, etc.
• Production of final Construction Document package specifications
• Attend one design and coordination meeting.
• Drawings and specifications will be submitted at the required
milestones— (i.e. 50% CD, 100% CD) —for review and approval.
Bidding
• During the bidding process, Guidepost Solutions LLC will respond to
bidders' questions and issues, as necessary.
• Once the bids are received, Guidepost Solutions LLC will review the
contractor proposals and will evaluate both product and vendor
qualifications.
Construction Observation
• Guidepost Solutions LLC will review the contractors' submittals,
shop drawings, and the final equipment list before the work
proceeds.Included are an initial review and one re-submittal.
• Guidepost Solutions LLC will interface with the systems
subcontractor and the project team at appropriate intervals to assist
in efficient and timely installation and compliance.
• Guidepost Solutions LLC will participate in the final system testing,
punch lists, and acceptance for the project.
• If applicable, Guidepost Solutions LLC will follow-up when there are
reports of contractor noncompliance.
8. Agronomic soil testing (Wallace Labs)
Wallace Labs will perform the following services: 96
PAGE 29
PALM SPRINGS
DOWNTOWN PARK
1. Evaluate the current site agronomic conditions, soil chemistry,
toxicity, soil physical properties (soil texture and soil organic matter),
etc. Take 10 soil samples from various locations and depths. Visually
inspect the site for conditions which are affecting plant growth and
vigor.
2. Analyze 10 soil samples for essential and nonessential elements
listed on page 2, pH, presence of limestone, salinity, soil texture,
organic matter content and carbon:nitrogen ratio, soil percolation
rate and sand sizing.
3. Interpret the soil analyses and other findings in writing. Group
samples into similar soil types. Determine whether the soils are
suitable for reuse. Recommend specifications for soil preparation,
drainage, planting, reuse of soil where feasible site maintenance.
97
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to
Consultant shall be made no more frequently than monthly, and shall be based on lump sum
costs per task item of work as indicated herein. Lump sum payments shall be made to
Consultant 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 as
determined by the Contract Officer. Each request for payment shall contain Consultant'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 judgment of the
Contract Officer.
Lump Sum
Schematic Design $ 132,555
Design Development $ 208,560
Construction Documents / Permitting $ 316,915
Bidding* $ 24,070
Construction Observation* $ 156,100
Warranty* $ 3,660
Topographic Survey (MSA) $ 4,600
Geotechnical Report(MSA) $ 3,500
SWPPP Monitoring (MSA) $ 10,100
Title 24 Monitoring (MRC) $ 1,200
Reprographics Allowance $ 30,000
Reimbursable Expenses 33,000
Total Maximum not to Exceed Contract Amount $ 924,260
*Note: Bidding, Construction Observation, and Warranty Phase services shall be billed
in accordance with Consultant's or its sub-consultant's hourly rates for services
provided, up to and not exceeding the total budget identified herein. Hourly rates for
Consultant shall conform to the following:
Consultant Hourly Rates
RCHS PKA
Partner $275.00 Principal $195.00
Principal $220.00 Associate $150.00
Senior Associate $195.00 Sr Structural Engineer $125.00
Associate $165.00 Project Manager $115.00
Designer $125.00-$140.00 Structural Engineer $115.00
Structural Designer $95.00
CAD/Revit Operator $80.00
Construction Admin $95.00
98
EXHIBIT "C"
SCHEDULE OF COMPENSATION
(Continued)
SWEENEY MRC
Principal $160.00 Principal $195.00
Project Manager $140.00 Project Manager $125.00
Irrigation Designer $120.00 CAD Operator $85.00
Field Technician $150.00 Engineer $145.00
Lighting Designer $145.00
FLUIDITY
President $325.00 GUIDEPOST
Principal $250.00 Principal $250.00
Engineering Director $200.00 Subject Matter Expert $230.00
Sr Project Designer $175.00 Senior Project Manager $200.00
Project Engineer $175.00 Project Manager $185.00
Project Designer $125.00 Senior Designer $185.00
Designer $80.00 Professional Engineer $185.00
Technology Designer $175.00
MSA Assoc. Project Manager $160.00
Principal Engineer $225.00 Designer/Drafter $125.00
Director of Design $215.00
Senior Project Manager $215.00
Project Manager $180.00
Senior Project Engineer $160.00
Project Engineer $150.00
Senior Designer $145.00
CAD Designer $120.00
CAD Technician $105.00
END OF EXHIBIT "C"
99
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
FULL SERVICES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 yr let.
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB
2018 2019 2020
SCHEMATIC DE,
1.Manage project and coordinate with City and subconsusant team
2.Review topographic survey and geotechnical report
3.Brief subconsultant team on conceptual design intent and project parameters
4.Lead 2-day technical team kick-of workshop(site visits,systems charrede,Commissions mlg,etc.)
S.Confirm project program,budget and contracting made with City
6.Review City code requirements and summarize applicable design criteria
7.Prepare schematic design package
8.Prepare SD basis of design narrative
9.Prepare SD construction cost estimate
10.Review schematic design package and cost estimate with Downtown Subcommittee
five reviews with City
1.Manage project and coordinate with City and subconsultanl team
2.Brief subconsullanl team on Downtown Subcommittee and stakeholder comments
3.Prepare 50%design development packages
4.Prepare DD basis of design narrative at 50%
S.Prepare DD construction cost estimate at 50%
6.Review 50%design development package and cost estimate with Downtown Subcomm and City staff
7.Prepare 100%design development packages
B.Prepare DD basis of design narrative at 100%
9,Prepare DD construction cost estimate at 100%
10.Prepare outline specifications at 100%
11.Review 100%design development package with Downtown Subcomm,City review boards,and Council
=three anticipated City review periods
1.Manage project and coordinate with City and subconsullant team
2.Brief subconsullant team on Downtown Subcommittee and stakeholder comments
3.Prepare 50%construction comment package
4.Prepare CD basis of design narrative at 50%
5.Prepare CD construction cost estimate at 50%
6.Prepare draft technical specifications at 50%
7,Review construction document package and cost estimate with Downtown Subcommittee at 50%
B,Submit 50%CD package for initial building permil intake
9.Make corrections and revisions based on permit comments
10.Prepare 100%construction document package
11.Prepare CD basis of design narrative at 100%
12.Prepare CD construction cost estimate at 100%
13.Prepare final technical specifications at 100%(add to Div 1 General Requirements and Project Manual b Cil
14,Review construction document package and cost estimate with Downtown Subcommittee at 100%
15.Submit 100%CD package for final permit approval and bid set
-initial and final permit submittals(there may be interim cycles)
Ins
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
(Continued)
FULL SERVICES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 yr later
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB
2018 2019 2020
1.Manage project and coordinate with City and subconsultant team
2,Provide bid addenda and clarifications in response to bidder questions
3.Attend pre-bid conference
4.Support City with bid evaluations as necessary
5.Make design modifications to reduce construction cost,if requested,on a T&M basis
1.Manage project and coordinate with City and subconsultant team
2.Review submittals and mock-ups
3.Respond to requests for information(RFIs)
4.Review proposed substitutions,alternates and change orders
5.Attend pre-construction conference
6.Attend bi-weekly construction meetings to observe site(after 9 months,addl meetings will be on a T&M basis
7.Select and tag critical plant materials in nursery for delivery
8.Attend substantial completion walk through
9.Review contractor punch list
10.Attend final completion walk through
11.Review contractors as built drawings
12.Prepare record documents based on contractor as built drawings
1.Manage project and coordinate with City and subconsultant team
2.Participate in warranty walk through
3.Prepare summary of items for contractor replacement
END OF EXHIBIT "D"
0