HomeMy WebLinkAboutA6723 - MRC ENGINEERING, INC - ELECTRICAL DESIGN SVCS FOR DOWNTOWN EVENT CTR CP 15-07 PROFESSIONAL SERVICES AGREEMENT
ELECTRICAL ENGINEERING DESIGN SERVICES
DOWNTOWN EVENT CENTER
CITY PROJECT NO. 15.07
THIS PROFESSIO AL SERVICES AGREEMENT ( "Agreement") is entered into,
and effective on W , 2015, between the CITY OF PALM SPRINGS, a
California charter cio and municipal corporation, ("City") and MRC Engineering,
Inc., 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 electrical
engineering design services for the Downtown Event Center, City Project No. 15-07,
(the"Project").
B. Consultant has submitted to City a proposal to provide professional
electrical engineering design 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.ln 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,
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.
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1.2 Contract Documents. The Agreement between the Parties shall consist
of the following: (1) this Agreement; (2) the Scope of Services; (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
Exhibits "B," and is incorporated by reference and made a part of this Agreement. The
Scope of Services shall include the Consultant's Proposal. All provisions of the Scope
of Services 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: (161)the provisions of the Scope of
Services (Exhibit"A"); (2nd) 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
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 f imish continuous protection to the Work and the equipment,
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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 Resoonsibilities 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 "D" and incorporated in this Agreement
by reference. Compensation shall not exceed the maximum contract amount of Thirty
Thousand Dollars. ($30,000.00) ("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 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 cty'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
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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.
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 periods) 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.
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3.3 Force Maleure. 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
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
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Agreement: Ralph Rava. 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 tern 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 subcontractors) 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.
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,
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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
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:
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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 tennination 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
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 Liabil'dy 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
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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.
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
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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.
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.
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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
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
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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 agentibroker 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.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by
law, Consultant shall defend (at Consultant's sole cost and expense), indemnity,
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
Page 12 of 20
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 Desian Professional Services Indemnification and Reimbursement. If
the Agreement is determined to be a "design professional services agreement" and
Consultant is a "design professional" under California Electrical Code Section 2782.8,
then:
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-
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
Page 13 of 20
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.
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
Page 14 of 20
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.
B. 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 Electrical 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
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
Page 15 of 20
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 tern 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 Lenal 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
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 nonjudicial 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.
Page 16 of 20
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. No officer or employee of the City shall have any
direct or indirect financial interest in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which effects their
financial interest or the financial interest of any corporation, partnership, or association
in which he/she is, directly or indirectly, interested in violation of any state statute or
regulation. Consultant warrants that Consultant 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 race, religion, color, sex, age, marital status,
ancestry, or national origin. Consultant shall ensure that applicants are employed, and
that employees are treated during their employment, without regard to their race,
religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall
include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, Including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infrinaement 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
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
Page 17 of 20
infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such daim
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 (ill) 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
To Consultant: MRC Engineering, Inc.
34300 Gateway Drive, Suite 120
Palm Desert, CA 92211
Attention: Ralph Raya
Telephone: (760) 340-9005
Facsimile: (760)340-9400
10.3 Intearated 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.
Page 18 of 20
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 (1) 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.
[SIGNATURES ON NEXT PAGE]
Page 19 of 20
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
Date:
David Read
CCity Manager r1pF
e'��•�6 h� Ab1a3
APPROVED AS TO FORM: ATTEST
By:L�
BY --
Do� las C. olland, ames T
Cil Attorney City hompson,
Clerk
APPROVED BY CITY COUNCIL:
Date: Agreement No.
Corporations require two notarized signatures. One signature lllySt be from Chairman of Board, President, or any Vice
President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or
Chief Financial Officer,
CONSULTANT NAME:
MRC Engineering, Inc.
34300 Gateway Drive, Suite 120
Pal Desert, CA 11
By By
Sign 1 rizad) igm ed)
Page 20 of 20
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the
truthfulness,accuracy, or validity of that document.
State of California
County of RIVERSIDE
On 00/11/2015 before me, ELVIRA SCHULTE, NOTARY PUBLIC
(here insert name and title of the officer)
personally appeared '•'RALPH A. RAYA•••
with a Professional Services Agreement Electrical Engineering Design Services Downtown Event Center
City Project No.: 15-07, and....................................«.................,....................,............
who proved to me on the basis of satisfactory evidence to be the person( whose name(?)
is/i= subscribed to the within instrument and acknowledged to me that he/lbeftm
executed the same in his/b=W=& authorized capacity4no, and that by his/
signature(IS) on the instrument the person($), or the entity upon behalf of which the
person()} acted, executed the instrument.
I certify under PENALTY OF PERJURY under the Taws of the State of California that the
foregoing paragraph is true and correct.
ELVIRA SCHULTE
WITNESS my hand and official seal. Commission•2084471
+ hobify Public-CSNfornls
Rlnnids County
Comm a 14 2018
Signature
(Seal)
t,
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide all required electrical engineering design services, including
project management and coordinating with the various other consultants engaged by
City, necessary to complement the final design for the Downtown Event Center space
with maximum capacity of 3,000 as identified on the schematic design included herein
this Exhibit"A". Such electrical engineering elements generally Include:
• Electrical systems to support various architectural elements, including performance
stages, buildings, restrooms, concession, public art lighting, accent lighting, area
lighting, etc.
• Communication and security systems and power for special events
Following City's approval of the final design, Consultant shall prepare full and complete
construction drawings (plans, specifications and estimates) of the electrical engineering
elements identified on the final design, with plan and elevation views and associated
technical details to facilitate City's bidding for construction.
Consultant shall provide bidding support services as may be necessary and required by
City.
Consultant shall provide construction administrative support services as may be
necessary and required by City.
The Consultant's proposal and scope of services, as referenced in its letter dated June
5, 2015, is incorporated herein by reference, and as identified on the following Exhibit
W.
Exhibit"A"
Page 1 of 2
xi Conceptual Development PlanJF
5 rti�9sr� M
r
-ate
Exhibit W
Papa z of 2
EXHIBIT "B"
CONSULTANT'S PROPOSAL
Project Proposal&Authorisation June 5,2015
Project Name: City of Palm Springs Downtown Event Center Site
Client: City of Palm Springs
Contact: Marcus Fuller
Address: 3200 Tahquitz Canyon Way, Palm Springs,CA. 92262
Phone: 760.323.8380
A. Construction Documents Scope of Services:
1. Provide electrical engineering and lighting consulting services for the
Downtown Event Center site electrical, art, accent and area lighting, conduits
for communication&security systems and power for special events based on
the current project design shown on Exhibit 1 attached.
2. Attend design coordination meetings with the design team as required.
3. Coordinate all site electrical with the building design team, Urrutia Architects,
RGA Landscape Architects, event center consultant(Golden Voice)and MSA
Consulting.
4. Coordinate the project utility point of connections with the utility maps being
generated under the Wessman Development project.
S. Electrical-design power for event requirements, provide points of connections to
facilitate event lighting&sound requirements,design power to area lighting,
accent lighting,art lighting and general site lighting systems,design a lighting
control system that meets event center requirements and Title 24 energy
requirements,design all power for general site requirements.
6. Lighting Design &Consulting- provide schematic and design development
lighting plans complete with product specifications for the project site and
coordinate with the building lighting systems. Meet with the owner and team
members to review various lighting options for general lighting.accent lighting
and theatrical lighting systems.
7. Provide investigation and opportunities to include photovoltaic solar and/or
wind energy into the project.
8. Provide Title 24 compliance reports and documentation for the electrical site
lighting as required for submittal with the construction documents to the
Building Department.Title 24 reports will be generated for the site and the
buildings,
9. Provide design development and construction documents.
Profesm rel tnginsers a u6W"t ca Aftras
Pakn Desen I Santa Ana I San Diego
34300 Gaewe3 Drive,Suim U0.PYm Drat.CA 92211 1 a M3AIM 1 76D3iD91aD rlrtxmm
Exhibit"B"
EXHIBIT"B"
CONSULTANT'S PROPOSAL
Project Propow a� inew
Pa Se 12
10. Provide electrical engineers cost estimate for the work being provided under
this scope of work.
11. Provide a complete set electrical construction documents that includes all
plans, details, diagrams, notes,specifications and calculations reodod for
building dopartmant submittal, bidding and constriction.
12. Lighting polo base structural foundations as roquirod for parking lot lighting,
bollards and post lighting.
13. Provide an engineer's cost estimate for the work described in this scope of
work.
B. Bidding Phase:
1. Attend the contractor pro-bid meeting.
2. Provide responses to Request for Information(RFl)during the bidding phase.
3. Provide SK drawing as requked.
d. Review the electrical bids and provide questions as required to insure the bids
account for all electrical It lighting requirements.
C. Construction Support Services:
1. Provide responses to Request for Information(RFl)during the caxtruction
Phi•
2. Provide construction site visits as required.
3. Review all construction shop drawings and product submittals for compliance
with the construction documents and specifications.
D. Work not Included:
1. Solar photovoltaic engineering to le additional services as required.
2. wind enegy emgbeering to be additional services as requirod.
3. Mechanical, electrical and plumbing engineering services for the Event Center
Buildings.
ti rfessmal Eqf men i Ug"rmsenone
Palm Dean I Same AM I son Dfto
34M ave V+ Swx um ft"Da M 92211 1 a:7W3800M hNO-M"M 1 ...mrtaien
Exhibit"B"
EXHIBIT "Cl,
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in the Consultant's Proposal
incorporated herein as Exhibit "B" of this Agreement. Payments to Consultant shall be
made no more frequently than monthly, and shall be based on directly incurred time and
materials costs up to and not exceeding the lump sum budgets established per task
item of work as indicated herein. 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 budget established per task 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.
Task A, Construction Documents: $16,300
Task B, Bidding Phase: $2,200
Task C, Construction Support Services: $5,000
Structual Engineering: $3,000
Reimbursable Expenses: $3,500
Grand Total Not to Exceed: $30,000
Note, the budgets identified for each phase are not to exceed amounts identified by
Consultant to provide sufficient budget to complete the tasks, and shall not be
exceeded. Consultant shall receive payment therefore for actual costs incurred, which
shall reflect the final cost for each task, up to and not exceeding the budget therefore.
Exhibit"C"
Page 1 of 1
EXHIBIT"D"
SCHEDULE OF PERFORMANCE
The Schedule of Performance was prepared by Consultant and shall bind Consultant to
completing required deliverables prior to the dates identified herein this Schedule. This
Schedule assumes the City shall follow the standard Major Architectural Review
process, however, the City reserves the right to identify alternative review processes to
expedite the Schedule in the best interests of the City. The City shall be responsible for
complying with the review times identified in the Schedule, and for scheduling meeting
dates identified in the Schedule; to the extent that City review times are delayed, or
meeting dates are revised, Consultant shall nevertheless remain responsible for
complying with the subsequent schedule for completion of the next deliverable item or
milestone date.
Phase 2: Design Development Completion Date
1 Council Approval of Schematic Design/Approval to 7/1/15
Proceed with Design
2 Design Development(Consultants) 11 weeks
3 First Submittal(Consultants) 9/14/15
4 AAC Review 9/21/15
5 Design Revisions(Consultants) 2 weeks—10/5/15
6 AACApproval 10/12/15
7 Submit for PC Review 10/14/15
8 PC Review 10/28/15
9 Design Revisions Consultants 2 weeks
10 PC Approval 11/12/15
11 City Council Approval 12/2/15
Phase 3;Construction Documents Com I tion . -
1 Preparation of drawings(grading,architectural[MEP], 21 weeks(NIF date refers to Item 10
landscaping,electrical)(Consultants) under Phase 2)
2 Submittal of drawings for plan check(Consultants) 5/2/16
3 Plan Check 3 weeks
4 Plan Revisions(Consultants) 2 weeks
5 Resubmittal of drawings for plan check(Consultants) 6/6/16
6 2 Plan Check 2 weeks
7 Corrections and Resubmit 2 weeks
8 Plan Approval 7/6116
9 City Council approval of plans and authorization to bid 7/22/16
Exhibit"D"
Page 1 of 2
EXHIBIT"D"
SCHEDULE OF PERFORMANCE
Phase 4: Bid Services Completion . .
1 Notice to Bid 8/3/16
(Date refers to Item 6 under Phase 3
2 Bidding days
3 End of Bidding Period 9/14/16
4 Contract Award 9/21/16
Phase 5: Construction Administration Completion Date
1 Executed Contracts-4 weeks from contract award 10/19/16
2 Pre-Construction Meeting—2 weeks from contract award 11/2/16
3 Notice to Proceed—2 weeks from Item 2 11/16/16
4 Construction 228t working days
5 Completion/Opening SO/3/17
Exhibit"D"
Page 2of2