HomeMy WebLinkAbout9/3/2014 - STAFF REPORTS - 2.M. ;�QpALM SA4
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4�fro City Council Staff Report
DATE: September 3, 2014
SUBJECT: APPROVAL OF AGREEMENT NO. FOR LANDSCAPE AND
ARCHITECTURAL DESIGN SERVICES WITH RGA LANDSCAPE
ARCHITECTS, INC. IN THE AMOUNT OF $107,200 FOR TAHQUITZ
CANYON WAY MEDIAN LANDSCAPE IMPROVEMENTS, SUNRISE
WAY TO EL CIELO ROAD, INCLUDING ENHANCEMENTS TO
PREVIOUSLY COMPLETED LANDSCAPING FROM INDIAN CANYON
TO SUNRISE WAY, CITY PROJECT NO. 13-33.
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY:
Award of this contract to RGA Landscape Architects, Inc., will allow the City to proceed
with concept revisions, design development, preparation of construction documents and
construction support services for the conversion of landscaped medians on Tahquitz
Canyon Way within the 'Civic' and 'Neighborhood' zones (Sunrise Way to El Cielo
Road) into a sustainable and drought tolerant landscape. This agreement also includes
design services for the development of enhancements to the Tahquitz Canyon Way
median landscaping improvements previously completed within the 'Tribal Heritage' and
'Urban' zones (Indian Canyon to Sunrise Way).
RECOMMENDATION:
1. Approve Agreement No. with RGA Landscape Architects, Inc., in the
amount of $107,200.00 for landscape and architectural design services for the
Tahquitz Canyon Way Medians (extending from Sunrise Way to El Cielo Road),
and enhancements to previously completed landscaping (extending from Indian
Canyon to Sunrise Way) as a part of City Project 13-33; and
2. Authorize the City Manager to execute all necessary documents.
ITEM NO.-L�
City Council Staff Report
September 3, 2014-- Page 2
Tahquitz Canyon Median Landscape Improvements, Sunrise to El Cielo.
STAFF ANALYSIS:
On April 11, 2012, City Council approved the schematic/conceptual landscape plans
prepared by RGA Landscape Architects Inc. (RGA) for the Tahquitz Canyon Way
Median landscape project from Indian Canyon Drive to Civic Drive. This approval did
not include the 'Civic Zone' Median (Civic Drive to El Cielo Road) nor adjacent portions
of City Hall or Riverside County Administrative Offices sites.
Subsequently, RGA was contracted to prepare construction plans and specifications for
a portion of the project including the medians between Indian Canyon and Sunrise way
(also known as the 'Urban' and 'Tribal Heritage' zones). Construction of this portion of
the project began in August, 2013 utilizing Tribal Transportation Program funds
provided by the Agua Caliente Band of Cahuilla Indians, and was completed in April,
2014.
In December, 2013, Council was asked to provide direction to staff on the development
of conceptual plans for the Civic zone; including the authorization of Measure J funding,
obtaining a proposal for the development of construction drawings and the
reappointment of the Council subcommittee consisting of Council members Mills and
Hutcheson and Planning Commissioner Lisa Middleton.
On June 18th, 2014 the project was discussed at Council and Staff was directed to
contract with RGA to create Civic Zone conceptual plans. Subsequently, two
subcommittee meetings were held to further develop the concepts and provide direction
for both the Civic and Neighborhood Zones. During these meetings Council expressed
concerns that the recently completed medians between Sunrise Way and Indian
Canyon (within section 14), lacked lushness and color and discussed a desire to
minimize the impact of the curvilinear, retaining walls. These sentiments were echoed
by Tribal representatives participating in the subcommittee meetings who expressed the
Tribe's desire to develop plans to enhance the completed medians with additional plant
materials and wall modifications.
In addition to concerns regarding the completed landscaping in Section 14, it was
requested that RGA revise the schematic plans for the Neighborhood Zone (Sunrise
Way to Civic Dr.), in order to provide Council with expanded, updated, conceptual
images of the proposed finished landscape. The intent is to provide additional and
revised imagery that will assist the Council in evaluating the proposed landscaping
improvements prior to moving forward with bidding and construction.
As RGA continued to work on the Civic Zone conceptual drawings, they were asked to
provide a proposal for preparing construction drawings, construction documents and
construction support services for both the Neighborhood and Civic zones. It was also
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City Council Staff Report
September 3, 2014 -- Page 3
Tahquitz Canyon Median Landscape Improvements, Sunrise to El Cielo.
requested that RGA provide a proposal to address the Council and Tribal concerns that
were discussed in the Council and subcommittee meetings; including enhancements to
the previously constructed areas and the preparation of expanded conceptual drawings
for the neighborhood zones. This is the proposal that is before you tonight.
On September 4`h, 2014 RGA is expected to present to the Subcommittee: Photo
simulations of the Civic Zone concepts, plant material exhibits, Section 14 modifications
exhibit, and modified Neighborhood Zone Concepts.
Moving forward, the subcommittee has expressed a desire to have the project bid and
awarded prior to the end of calendar year 2014. To that end, the approval of plans and
specifications and authorization to bid must be approved by Council no later than
October 28, 2014.
Upon approval of this contract, preparation of the construction drawings can begin
concurrent with the final development of the Civic Zone concept as well as the revised
Neighborhood zone conceptual drawings and plans for enhancements to the completed
portions in Section 14. When complete, a package including the new and revised
conceptual imagery as well as plans, specifications and estimates, will be brought back
before the Council (on or prior to October 28, 2014), for approval and authorization to
bid.
FISCAL IMPACT:
Sufficient funds are available in Measure J Account No. 260-4500-59461
Recommended by: Approved by:
— OV'_ *;�
David J. Barakian David H. Ready, City Manager
Director of Public Works/City Engineer
Attachments:
1. Agreement for architectural design services
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CONSULTING SERVICES AGREEMENT
RGA LANDSCAPE ARCHITECTS, INC.
TAHQUITZ CANYON WAY MEDIAN, TO EL CIELO RD
CITY PROJECT NO. 13-33
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made
and entered into this _ day of 2014, by and between the City of Palm
Springs, a California charter city and municipal corporation ("City"), and RGA
Landscape Architects, Inc., a California corporation ("Consultant').
RECITALS
A. City requires professional landscape architectural services to develop
construction plans and documents, revisions to the section 14 design, revised
conceptual drawings, and construction phase services for the Tahquitz Canyon Way
median landscaping project (extending from Civic Drive to Indian Canyon).
B. Consultant has submitted to City a proposal to provide Landscape
Architectural Services to City pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to City for the Project and desires to provide
such services.
D. City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, City agrees to retain and does hereby retain Consultant and
Consultant agrees to provide services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide professional Landscape Architectural Services to
City as described in the Scope of Services/Work attached to this Agreement as Exhibit
"A" and incorporated herein by reference (the "services" or "work"), which includes the
agreed upon schedule of performance and the schedule of fees. Consultant warrants
that all services and work shall be performed in a competent, professional, and
satisfactory manner in accordance with all standards prevalent in the industry. In the
event of any inconsistency between the terms contained in the Scope of Services/Work
and the terms set forth in the main body of this Agreement, the terms set forth in the
main body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided by Consultant in accordance with all applicable federal, state, and local
laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
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1.3 Licenses and Permits. Consultant shall obtain at its sole cost and
expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that it has carefully considered how the work should be performed and fully
understands the facilities, difficulties, and restrictions attending performance of the work
under this Agreement.
2. TIME FOR COMPLETION.
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 schedule of
performance set forth in Exhibit "A." Consultant shall not be accountable for delays in
the progress of its work caused by any condition beyond its control and without the fault
or negligence of Consultant. Delays shall not entitle Consultant to any additional
compensation regardless of the party responsible for the delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. For the services rendered pursuant to
this Agreement, Consultant shall be compensated and reimbursed, in accordance with
the schedule of fees set forth in Exhibit 'A," which total amount shall not exceed
$107,200.00.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to
City in the form approved by City's finance director, an invoice for services rendered
prior to the date of the invoice. Payments shall be based on the hourly rates as set forth
in Exhibit "A" for authorized services performed. City shall pay Consultant for all
expenses stated thereon, which are approved by City consistent with this Agreement,
within thirty (30) days of receipt of Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of
ServicesNVork is requested by City, the parties hereto shall execute a written
amendment to, this Agreement, setting forth with particularity all terms of such
amendment, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
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.
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the City Council of City for each fiscal year covered by
the Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to City. 05
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
4.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit "A." The extension of any time period must be approved in writing by
the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered
pursuant to this Agreement may be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of
Consultant, including, but not limited to, acts of God or of a public enemy, acts of the
government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, and unusually severe weather if Consultant shall within ten (10)
days of the commencement of such condition notify the Contract Officer who shall
thereupon ascertain the facts and the extent of any necessary delay, and extend the
time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this,Agreement shall continue in full force and effect until August 31, 2015,
unless extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the services and work specified herein and make all
decisions in connection therewith: Ronald Gregory, President. It is expressly
understood that the experience, knowledge, education, capability, 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 hereunder. The foregoing principal may not be changed by
Consultant without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer,
or his/her designee, fully informed of the progress of the performance of the services
and Consultant shall refer any decisions that must be made by City to the Contract
Officer. Unless otherwise specified herein, any approval of City required hereunder
shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and
employees, were a substantial inducement for City to enter into this Agreement. 06
Therefore, Consultant shall not contract with any other individual or entity to perform in
whole or in part the services required hereunder without the express written approval of
City. In addition, neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of City.
5.4 Independent Contractor. Neither City nor any of its employees shall
have any control over the manner, mode, or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an independent contractor of
City and shall not be an employee of City and shall remain at all times as to City a
wholly independent contractor with only such obligations as are consistent with that role;
however, City shall have the right to review Consultant's work product, result, and
advice. Consultant shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City.
5.5 Personnel. Consultant agrees to assign the following individuals to
perform the services set forth herein. Consultant shall not alter the assignment of the
following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager, the City shall have the unrestricted right to order the removal
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of any personnel assigned by Consultant
t by providing written notice to Consultant.
Name: Title:
Ronald Gregory President
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
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, which Claims arise out of or are related to Consultant's performance under this
Agreement, but excluding such Claims arising from the negligence or willful misconduct
of the City, its elected officials, officers, employees, agents, and volunteers.
Consultant's obligation to defend the indemnified parties shall not extend to claims
covered by Consultant's errors and omissions insurance for professional services.
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
hereunder.
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8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. Consultant shall keep such books and records as shall be
necessary to properly perform the services required by this Agreement and enable the
Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such
records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared b Consultant in the performance of this
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Agreement shall be the property of City and shall be delivered to City u 9 P p t on request of
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the Contract Officer or upon the termination of this Agreement, and Consultant shall
have no claim for further employment or additional compensation as a result of the
exercise by City of its full rights or ownership of the documents and materials
hereunder. Consultant may retain copies of such documents for its own use.
Consultant shall have an unrestricted right to use the concepts embodied therein.
8.4 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.
8.6 Cost Records. Consultant shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred while performing under this Agreement and shall make such materials
available at its offices at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment for inspection by City and copies thereof
shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Consultant covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of City shall be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant. Any
waiver by either party of any default must be in writing and shall not be a waiver of any
other default concerning the same or any other provision of this Agreement.
9.3 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies 0 8
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.
9.4 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the
purposes of this Agreement.
9.5 Termination Prior to Expiration of Term. City reserves the right to
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terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Consultant, except that 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
receipt of the notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer.
Consultant shall be entitled to compensation for all services rendered prior to receipt of
the notice of termination and for any services authorized by the Contract Officer
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty
(30) days written notice to City.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of City shall be personally liable to the Consultant, or any successor-in-interest, in the
event of any default or breach by City or for any amount which may become due to the
Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
10.2 Covenant Against Discrimination. Consultant covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group of persons on account of
race, color, creed, religion, sex, marital status, disability, sexual orientation, national
origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by pre-paid, first-class
mail to the address set forth below. Either party may change its address by notifying
the other party of the change of address in writing. Notice shall be deemed
communicated seventy-two (72) hours from the time of mailing if mailed as provided in
this Section.
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To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Ronald Gregory, President
RGA Landscape Architects, Inc.
74020 Allessandro, Suite E
Palm Desert, CA 92260
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be
interpreted to carry out the intent of the parties hereunder.
11.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
[SIGNATURE PAGE SEPARATELY ATTACHED]
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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
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
Douglas C. Holland, James Thompson,
City Attorney City Clerk
"CONSULTANT"
RGA Landscape Architects, Inc.
Date: By :
(name)
(president)
Date:
(name)
(secretary)
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EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICESMORK
Including,
Schedule of Fees
And
Schedule of Performance
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Exhibit "A"
Scope of Work, Schedule of Fees, and Schedule of Performance
Proiect Description
A. Tahquitz Canyon Way. Sunrise to El Cielo. Revise Concept, Design Development,
Construction Documents and Construction Phase services for the median islands and
selected cross-walks from Sunrise Way to El Cielo Rd., based on the approved
preliminary design and subsequent comments from the City Council, and on
discussions with City representatives (approximately 5,350 linear feet total).
B. Tahquitz Canyon Way, Indian Canyon to Sunrise. Addition of new plant material and
color stain of concrete walls to the construction documents for the recently completed
medians from Indian Canyon to Sunrise.
Scope of Work
A. _Project A. Sunrise to El Cielo, will include the following tasks:
1. Revise the current concept to reflect City Council direction and meet with sub-
committee and staff to review.
2. Meet with City staff to discuss budget, schedule, hardscape and lighting material
choices.
3. Field review the existing medians and mid-block crossing locations to verify existing
curb configurations and to locate observable utility locations, such as water meters,
junction boxes and other fixed objects in the medians. Note: It is understood that
Consultant will not be locating below grade utilities, unless such information is
provided by the City of Palm Springs.
4. Initial design development drawings for review and discussion with City staff and
sub-committee. These drawings will include:
a. Hardscape plans and conceptual details, indicating paving design, and
enhanced paving at selected cross —walks.
b. Planting plans.
c. Light fixture location plan and fixture details.
d. Irrigation narrative.
e. Estimate of construction costs.
f. Six perspectives of the proposed design from key points along the medians.
g. Meetings with City staff and sub-committee to review and modify the drawings
(estimate of two meetings).
5. Design development submittal drawings for review by project Subcommittee and City
Council. Drawings will be in color, and will include:
a. Hardscape, planting and lighting plans incorporated into one presentation plan.
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Exhibit "A"
Scope of Work, Schedule of Fees, and Schedule of Performance
b. Enlargements of each section of median, and detail enlargements of cross
walk paving.
c. Updated Perspective views of the medians (6 perspectives).
d. Preparation of hard copies and a Power Point presentation.
e. Meetings with Subcommittee and City Council (estimate of 3 meetings).
6. Construction documents, incorporating comments from the design development
submittal process, for final review by the City and approval by City Council, and
for use in obtaining permits and construction bids. Construction documents will
include:
a. Demolition plans indicating existing palms, paving and curb sections to be
removed.
b. Hardscape plans and details
c. Irrigation plans and details, including water use calculations and coordination
with DWA if needed.
d. Planting plans, indicating existing palms to remain and all new plant material
in common and botanical names, quantities and sizes.
e. Specifications and preparation of bid forms.
f. Updated estimate of costs.
g. Plan check corrections and agency coordination as needed.
h. Lighting plans, including fixture locations, electrical design, power hook-up
locations, power controls, and coordination with SCE as needed.
Electrical design will be provided by MRC Engineering, which will be a sub
consultant to Consultant.
7. Construction administration phase, including:
a. Assistance with bidding, including response to questions and attendance at a
pre-bid meeting. Bid advertisement and distribution of documents will be by
the City.
b. Attendance at a pre-construction meeting with the successful bidder and the
City.
c. Response to RFI's and general office support during construction.
d. Submittal reviews.
e. Site observations and site meetings during construction. Estimate of 12 site
reviews. Site reviews will be in coordination with the City inspectors for any
items relating to street paving, sidewalk paving and curbs. Each observation
to be followed by a written report.
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Exhibit "A"
Scope of Work, Schedule of Fees, and Schedule of Performance
f. Final review and maintenance check.
8. Deliverables. Consultant will provide the following deliverables during the design and
construction phases:
a. One set of check prints for use by the City at each meeting.
b. Two sets of large scale exhibits, mounted on boards, for meetings with the
Subcommittee and City Council with a CD with PDF's of the presentation
drawings.
c. One hardcopy of the final drawings and specifications, with a CD with
AutoCAD files and PDF's of the drawings and specifications.
B. Project B. Additional Plants for Indian Canyon to Sunrise,
1. Conceptual plan indicating proposed plant types, locations and quantities, for review
by the sub-committee. Includes one meeting.
2. Revisions to the existing construction documents to add the new plants. Revised
plans will include:
a. irrigation plans and water use calculations
b. planting plans and plant legend
c. Specifications and preparation of bid forms
3. Construction administration phase, including:
a. Assistance with bidding, including response to questions and attendance at a
pre-bid meeting. Bid advertisement and distribution of documents will be by
the City.
b. Attendance at a pre-construction meeting with the successful bidder and the
City.
c. Response to RFI's and general office support during construction.
d. Submittal reviews.
e. Site observations and site meetings during construction. Estimate of 3 site
reviews. Site reviews will be in coordination with the City inspectors for any
items relating to street paving, sidewalk paving and curbs. Each observation
to be followed by a written report.
f. Final review and maintenance check.
4. Deliverables will include prints, when requested by the City.
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Exhibit "A"
Scope of Work, Schedule of Fees, and Schedule of Performance
Schedule of Fees
A. Project A. Sunrise to El Cielo:
1. Design Phase
a. Design Development Phase (tasks Al-5): $39,500
b. Construction Documents (task A6a-g): $32,200
c. Electrical Engineering (task A6h): 7,200
Subtotal, Design Phase: $78,900
2. Construction Phase
a. Office support (tasks A7a-d): Hourly rates, to an estimate of: $ 6,000
b. Site observations and meetings: Hourly rates, to an estimate of: $ 9,500
c. Electrical and lighting site review: hourly rates, to an estimate of: 2,500
Subtotal, Construction Phase: $18,000
3. Deliverables: billed at cost, not to exceed: $4,000
B. Proiect B. Indian Canyon to Sunrise:
1. Design Phase (tasks B1-2): $3,000
2. Construction Phase (tasks B-3): hourly, to an estimate of: $1,500
3. Deliverables: billed at cost, estimate of: $1,800
PROJECT TOTAL: $107,200.00
Note: All design fees are lump sum, not to exceed. All services shall be provided as
described in the Scope of Work, for the fixed fees indicated above, regardless of the total
actual hours required to perform the services.
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Exhibit "A"
Scope of Work, Schedule of Fees, and Schedule of Performance
Schedule of Performance
The Consultant shall provide the services indicated and will attend and participate in Committee,
Council and City staff meetings as necessary in order to receive direction and incorporate
requested changes or modifications in accordance with the City's anticipated timeline for bidding
and construction.
Completion date for 90% plans and specifications is October 14, 2014
Final project documents are to be complete and ready for bidding no later than October 28,
2014.
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EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
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Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
the City, public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's performance under
this Agreement. Consultant shall also carry workers' compensation insurance in
accordance with California workers' compensation laws. Such insurance shall be kept
in full force and effect during the term of this Agreement, including any extension
thereof, and shall not be cancelable without thirty (30) days advance written notice to
City of any proposed cancellation. Certificates of insurance evidencing the foregoing
and designating the City, its elected officials, officers, employees, agents, and
volunteers as additional named insureds by original endorsement shall be delivered to
and approved by City prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the
same shall not be construed as a limitation of Consultant's obligation to indemnify City,
its elected officials, officers, agents, employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance
required hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at
least one million dollars ($1,000,000.00) combined single limit coverage per occurrence
and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million
dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance ("WAIVED)
with limits of at least one million dollars ($1,000,000.00) per occurrence and two million
dollars ($2,000,000) annual aggregate; and,
4. Workers' Compensation insurance in the statutory amount as
required by the State of California and Employer's Liability Insurance with limits of at
least one million dollars $1 million per occurrence. If Consultant has no employees,
Consultant shall complete the City's Request for Waiver of Workers' Compensation
Insurance Requirement form.
For any claims related to this Agreement, Consultant's insurance coverage shall
be primary insurance as respects City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by City
and its respective elected officials, officers, employees, agents, and volunteers shall be
in excess of Consultant's insurance and shall not contribute with it. For Workers'
Compensation and Employer's Liability Insurance only, the insurer shall waive all rights
of subrogation and contribution it may have against City, its elected officials, officers,
employees, agents, and volunteers.
B. Errors and Omissions Coverage. ("WAIVED) If Consultant provides
claims made professional liability insurance, Consultant shall also agree in writing either
(1) to purchase Jail insurance in the amount required by this Agreement to cover claims
made within three years of the completion of Consultant's services under this
Agreement, or (2) to maintain professional liability insurance coverage with the same 19
carrier, or equivalent coverage with another company, in the amount required by this
Agreement for at least three years after completion of Consultant's services under this
Agreement. Consultant shall also be required to provide evidence to City of the
purchase of the required tail insurance or continuation of the professional liability policy.
C. Sufficiency of Insurers. Insurance required herein 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 otherwise acceptable to the City.
D. Verification of Coverage. Consultant shall furnish City with both
certificates of insurance and endorsements, including additional insured endorsements,
effecting 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
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 worm 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 Holdernamed." 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. 20
E. Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City prior to commencing
any work or services under this Agreement. At the option of the City, either the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its elected officials, officers, employees, agents, and volunteers; or, Consultant
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration, and defense expenses. Certificates of Insurance must include evidence
of the amount of any deductible or self-insured retention under the policy. Consultant
guarantees payment of all deductibles and self-insured retentions.
F. Severability of Interests (Separation of Insureds). This insurance
applies separately to each insured against whom claim is made or suit is brought except
with respect to the limits of the insurer's liability.
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