HomeMy WebLinkAbout05395 - DAVID EVANS AND ASSOCIATES INC GENE AUTRY TRAIL GATEWAY LANDSCAPING IMP CP 06-03 Page 1 of 1
Kathie Hart
From: Dave Barakian
Sent: June 19, 2012 4:16 PM
To: Kathie Hart; Carrie Rovney
Cc: Jay Thompson
Subject: RE: A5395 - David Evans (CP 06-03)
OK to close PO and your contract file
David Barakian
Director of Public Works/City Engineer b-so
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8253 x8732
From: Kathie Hart
Sent: Tuesday, June 19, 2012 1:29 PM
To: Carrie Rovney; Dave Barakian
Cc: 'Jay Thompson'
Subject: A5395 - David Evans (CP 06-03)
Per Marcus in Jan 2011 this file needed to remain open.
It's now June 2012, A to close file now?
Please advise. (their professional liability is not current, and if they are finished I will
not pursue it)
Thx!
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs (760)323-8206
3200 E Tahquitz Canyon Way A (760)322-8332
Palm Springs, CA 92262 0Kathie.HarfOPalmSpringsC4.gov
Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time.
06/19/12
AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 5395
WITH DAVID EVANS AND ASSOCIATES, INC.
GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENT
CITY PROJECT NO. 06-03
The following articles of Agreement No. 5395 are hereby amended to read as follows:
SECTION 2.1 Maximum contract amount is unchanged.
SCHEDULE OF COMPENSATION Exhibit"C" - Please see attached sheet.
Purchase Order Number(s): 716070
Agreement Number: 5395
Original MO Number: 7968
City Council Approval: December 6, 2006
Original Contract Amount: $ 231,745.00
Amount of Prior Changes: ($ 17,480.00)
Amount of This Change. $ 0.00
Amended Total: $ 214,257.00
SIGNATURES ON LAST PAGE
Agreement No.5395
Amendment No.3
Page 2
EXHIBIT C is replaced with the following:
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor
shall be made no more frequently than monthly, and shall be based on costs per unit of work as indicated
herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata
portions thereof noted below,to a maximum of 75%of the lump sum task item fee until completion of such
task item, excluding those Tasks for which fees are paid on a time and materials basis as noted. Each
request for payment shall contain Contractor's statement of the work or tasks completed or portion
performed,with supporting documentation. The determination of payment due shall be made based upon
the reasonable judgement of the Contract Officer,
Task Total
Lump Sum
PHASE 1 - PRELIMINARY DESIGN CONCEPTS
Task 1 Project Start Up Meeting $2,370.00
Task 2 Gene Autry Trail Plan Review $1,600.00
Task 2.1 Consultant Coordination $850.00
Task 2.2 Site Plan Revisions $2,262.00
Task 3 Topographic Survey $14,965.00
Task 4 Project Area Base Sheets $4,760.00
Task 5 Preliminary Landscape Plans (Median and Parkway) $7,280.00
Task 5.1 Draft Conceptual Landscape Plan Review Meeting' $722.32
Task 6 Preliminary Park Plan and Gateway Development $18,960.00
Task 6.1 Draft Conceptual Park Plan and Gateway Review Meeting' $1,997.80
Task 7 Conceptual Plan Presentations3 $1,361.50
$4 nnn nn
Task 8 Agency Coordination 6 800.00
Phase 1 Subtotal $63,828.62
PHASE 2 - FINAL DESIGN
(Median and Parkways)
Task 9 Precise Grading Plan $9,160.00
Task 10 Planting Plans $11,440.00
Task 11 Irrigation Plans $11,760.00
Task 12 Electrical Plans $5,920.00
Task 13 Construction Details $1,840.00
Task 14 Construction Cost Estimate $2,440.00
Task 15 Project Specifications $2,910.00
EXHIBIT "C"
CONTINUES NEXT PAGE
Task 5.1 scope assumes 1 meeting,and includes attendance by Project Manager and Landscape Architect.
Compensation shall be made at hourly rates billed up to the Not To Exceed fee of$722.32,
2Task 6.1 scope assumes 3 meetings,including attendance by Project Manager,Landscape Architect,and Hunt Design.
Compensation shall be made at hourly rates billed up to the Not To Exceed fee of$1,997,80,
3Task 7 scope assumes 6 presentations,and includes attendance by Project Manager and Landscape Architect.
Compensation shall be made at hourly rates billed up to the Not To Exceed fee of$1,361.50.
4
shni!be subject to future negotiation,tip to the maxinivin agiced cost of$4,266 each.
Agreement No. 5395
Amendment No-3
Page 3
(Park and Gateway Plans)
Task 16 Demolition Plan $2,560.00
Task 17 Site Plan/Construction Plan $6,680.00
Task 18 Precise Grading and Drainage Plan $8,520.00
Task 19 Planting Plan $5,800.00
Task 20 Irrigation Plan $6,160.00
Task 21 Electrical/Lighting Plans $5,080.00
Task 22 City Gateway Plans $6,560.00 = -
Task 22.1 City Gateway Plans Structural Engineering $2,800.00
Task 23 Project Specifications $6,060.00
Task 24 Construction Cost Estimate _$2,500.00
Phase 2 Subtotal $98,190.00
PHASE 3 -CONSTRUCTION ADMINISTRATION
Task 25 Bid Assistance6 $4,820.00
Task 26 Pre-Construction Meeting $2,370.00
Task 27 Construction Management' $24,698.38
Task 28 Shop Drawing Review8 $4,480.00
Task 29 Acceptance Inspection (Punch List)9 $3,450.00
Task 30 As-Built Record Drawin s'0 $5,240.00
Phase 3 Subtotal $45,058.38
Reimbursable Expenses" $7,180.00
Grand Total of Contract $214,257.00
END OF EXHIBIT "C"
6Task 25 scope includes 16 hours for Project Manager(@$140/hour), 12 hours for Professional Engineer
(@$135/hour),4 hours for JCA Engineering(@$120/hour),and 4 hours for ilunt Design(@$120/hour).Compensation shall be
made at hourly rates billed up to the Not To.Exceed fee of$4,820.
Task 27 scope includes 40 hours for Project Manager(@$140/hour), 120 hours for Landscape Architect
(@$120/hour),20 hours for Professional Engineer(@$135/hour),and 16 hours for Hunt Design(@$120/hour).Compensation
shall be made at hourly rates billed up to the Not To Exceed fee of$24,698,38,
8Task 28 scope includes 8 hours for Project Manager(@$140/hour),8 hours for Landscape Architect((a?$120/hour),
16 hours for JCA Engineering(@$120/hour),and 4 hours for Hunt Design(@$120/hour).Compensation shall be made at hourly
rates billed up to the Not To Exceed fee of$4,480.
9Task 29 scope includes 12 hours for Project Manager(@$140/hour),6 hours for Professional Engineer
(@$135/hour),4 hours for JCA Engineering(@,$120/hour),and 4 hours for Hunt Design(@$120/hour).Compensation shall be
made at hourly rates billed up to the Not To Exceed fee of$3,450.
. ID
Task 30 scope includes.4 hours for Project Manager(@$ loosP�p 120/hour),
2 hours,for professional Engin r(@$135/hour),6 hours for Engineer g gMWK W ho ape
Desi$ne(((090lfipttr,;1'2 hou for`60 Designer(@80/hour),and h�§A j �(
Corripetrsation s`lia�kie�n-Ad rates billed up to the Not To E eed fee
,(n.�S VA W**4 1��9);:. V0.
t tReimbursable expenses will be paid for the expenses incu ipts for
expenses with monthly progress invoices,not to exceed the contract amount of$7,180.
Except as specifically amended by this Amendment No. 3 all terms and provisions of Agreement
No. 5395 remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By:
m City Clerk 091410 City Ma
APPROVED AS TO FORM: �
APPROVED BY CITY COUNCIL APPROVED BY CITY MANAGER
ity At ney ' � r
POW)
CONTRACTOR: David Evans and Associates Check one: individual Partnership X Corporation
Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice President.
The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or hief Financial Officer).
By: Yw (I. By-.-
Notarized Signature of Chairman of Board, totarized i at Secr ary,Asst Secretary,
President or any Vice President Treasurer,Asst tr asure r Chief Financial Officer
Name: k6' C m S �.�'t-O/d ej Name: L
V �0..f
Title: J� C. Pre 5 1 U e rj� Title:
State of Q-AL-kV-Q RN\A) State of r ✓'1
County of
1SAN be9V4hR1X*!S County of rIDMA.U,
On 113ltc before me, I-l4JP���N \��fl�� On D before me, / ( �
personally appeared Kim 5 .�hade5 per sonallyappearedP-Ol L• `� -P_�'
who proved to me on the basi f satisfactory evidence to be the who proved to me on the basis of satisfactory evidence to be the
personX whose name% are subscribed to the within person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that executed instrument and acknowledged to me that he/she/they executed
the same in WdG>49 authorized capacity(iea}, and that by the same in his/her/their authorized capacity(ies), and that by
er signatures'tsa on the instrument the personl*or the his/her/their signatures(s)on the instrument the person(s),or the
entity upon behalf of which the personKacted, executed the entity upon behalf of which the person(s)acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and
correct. correct.
WITNESS my hand and offic' seal. WITNESS my hand and official seal.
Notary Signature: Notary Signatur
a_�_
Notary Seal: Notary Seal:
FFICIAL SEAL
AD GE THIA 6 EGGIMAN
r47DColminiNMor1+�16d1064 PUBLIC—OREGON
42
4
I111011 0 I k*ft-CCINwrlO A:NOTARY
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01al111111111 CCU*
MlrCami►►. �IMuiq�3,�101
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AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 5395
WITH DAVID EVANS AND ASSOCIATES, INC.
GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENT
CITY PROJECT NO. 06-03
The following articles of Agreement No. 5395 are hereby amended to read as follows:
SECTION 2.1 Maximum contract amount is amended to Two Hundred Fourteen Thousand Two
Hundred Fifty-Seven Dollars ($214,257.00).
SCOPE OF SERVICES Exhibit "A" - Please see attached sheets for additional work.
SCHEDULE OF COMPENSATION Exhibit "C" - Please see attached sheet.
Purchase Order Number(s): 716070
Agreement Number: 5395
Original MO Number: 7968
City Council Approval: December 6, 2006
Original Contract Amount: $ 231,745.00
Amount of Prior Increases' $ 3,112.00
Amount of This Decrease: ($ 20,600.00)
Amended Total: $ 214,257.00
SIGNATURES ON LAST PAGE
9: 9J ;D
" 71
-''/- 1T
Agreement No.5395
Amendment No.2
Page 2
EXHIBIT A is amended as follows:
Delete the following tasks:
Task 7.1 2-D Visual Simulation
Contractorshall provide two-dimensional,colored,visual simulations.One visual simulation will be provided
to represent the median and parkway landscaping. Three visual simulations will be provided to represent
the park and gateway element. Contractor shall provide two (2) 11"x17" color renderings for use in
presentation materials of each simulation. Visual simulations shall be provided in PowerPoint Presentation
format for use in presentation at meetings.
Task 7.2 3-D Visual Simulation
Contractor shall provide one (1) three-dimensional, colored, visual simulation to represent the park and
gateway elemental the southwest corner of Gene Autry Trail and Vista Chino Adigital,three-dimensional
"drive by" simulation of different vantage points of the corner shall be prepared. Contractor shall provide
11"x17" color renderings of the three-dimensional "drive by" simulation for use in presentation materials
of the simulation. The visual simulation shall be provided in PowerPoint Presentation format for use in
presentation at meetings.
Add the following task:
Task 22.1 City Gateway Plans Structural Engineering
Contractor shall prepare structural plans and specifications for the City Gateway sign.
Agreement No.5395
Amendment No.2
Page 3
EXHIBIT C is replaced with the following:
Tasks listed below are identical to tasks Identified in Exhibit A of this Agreement. Payments to Contractor
shall be made no more frequently than monthly, and shall be based on costs per unit of work as indicated
herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata
portions thereof noted below, to a maximum of 75%of the lump sum task item fee until completion of such
task item, excluding those Tasks for which fees are paid on a time and materials basis as noted. Each
request for payment shall contain Contractor's statement of the work or [asks completed or portion
performed,with supporting documentation. The determination of payment due shall be made based upon
the reasonable judgement of the Contract Officer,
Task Total
Lump Sum
PHASE 1 - PRELIMINARY DESIGN CONCEPTS
Task 1 Project Start Up Meeting $2,370,00
Task 2 Gene Autry Trail Plan Review $1,500.00
Task 2.1 Consultant Coordination $850.00
Task 2,2 Site Plan Revisions $2,262.00
Task 3 Topographic Survey $14,965.00
Task 4 Project Area Base Sheets $4,760.00
Task 5 Preliminary Landscape Plans (Median and Parkway) $7,280.00
Task 5 1 Draft Conceptual Landscape Plan Review Meeting' $1,040,00
Task 6 Preliminary Park Plan and Gateway Development $18,960.00
Task 5.1 Draft Conceptual Park Plan and Gateway Review Meeting' $4,080.00
Task 7 Conceptual Plan Presentations' $6,240.00
Tas- ..1 2_D yisi4 Cimulatlen' ea n9G=
Task 8 Agency Coordination $6,800,00
Phase 1 Subtotal $71,107.00
PHASE 2 -FINAL DESIGN
(Median and Parkways)
Task 9 Precise Grading Plan $9,160.00
Task 10 Planting Plans $11,440.00
Task 11 Irrigation Plans $11,760.DD
Task 12 Electrical Plans $5,920.00
Task 13 Construction Details $1,840.00
Task 14 Construction Cost Estimate $2,440.00
Task 15 Project Specifications $2,910 00
EXHIBIT "C"
Task 5.1 scope assumcs I mcenng,and includes attendance by Projca Manager and Llndscapc Architco
Compcnsanon shall be made at hourly mres billcd up to the Not Tu E\oLu(I FCC OF$1,040
2Tusk 6.1 scope assumes 3 iucmingn,111uludm3 attendance by Project Manager,Land4capc Architect,and taunt Design.
Connpensaiun,hIj be made at hourly totes HILd up to the Not'lo 1tweed tee of X4,030.
3Tas14 7 scoPL assumcs(prescntanons,mid includes auundaneu by Protect Managm and Landncapu Architect
Compensation shall be made at hourly rates billcd up m the Not To E\uuud FCC oF'S6,240.
.i roouuiw --.i. _.
5 i...timvlsi _. - .. - 'E)(•)-r-�nrcl Ixiwn
. - -
-,l)0�
Agreement No 5395
Amendment No.2
Page 4
CONTINUES NEXT PAGE
(Park and Gateway Plans)
Task 16 Demolition Plan $2,560.00
Task 17 Site Plan/Construction Plan $6,680.00
Task 18 Precise Grading and Drainage Plan $8,520.00
Task 19 Planting Plan $5,800.00
Task 20 Irrigation Plan $6,160.00
Task 21 Electrical/Lighting Plans $5,080,00
Task 22 City Gateway Plans $6,560.00
Task 22.1 City Gateway Plans Structural Engineering $2,800.00
Task 23 Project Specifications $6,060.00
Task 24 Construction Cost Estimate $2,500.00
Phase 2 Subtotal $98,190.00
PHASE 3 -CONSTRUCTION ADMINISTRATION
Task 25 Bid Assistance' $4,820.00
Task 26 Pre-Construction Meeting $2,370.00
Task 27 Construction Management' $17,420.00
Task 28 Shop Drawing Review' $4,480.00
Task 29 Acceptance Inspection (Punch List)' $3,450.00
Task 30 As-Built Record Drawings10 _ $5 240.00
Phase 3 Subtotal $37,780.00
Reimbursable Expenses" $7,180.00
Grand Total of Contract $214,257.00
END OF EXHIBIT "C"
'Taslc 25 scope includes 16 hour"Iar Project Nlanagcr I@$140/hour), 12 hours for Professional Eugineet
(@$135/hour),4 hours for JCA D•nginceriug((hJS 120/hour),and 4 hours for Hunt Design(@SI.0/hour).Compensation shall be
made at hourly rates billed up to the Not To Exceed fee of$4,820
Task 27 scope includes 40 hours fin Project Mnnagcr(a $140/hour),GO hours for Landscape Architect
(rr 5120/horn),20 hours for Professionul Engnnecr(ry$I3S/hour), and 16 hours fnr Hunt Design(n$120/hour).Compensation
shall be made it hourly rates billed up to the Not Tu ExLoed feu of$17,420.
6Task 28 scope includes S hours fur Proieut Manager((,q$14u/hour),N hours for Landscape Architect(@S120lhow•).
16 hours for JCA Engineering((a)$I20/hour),and 4 hours Or I[Lint Design((cil$I20/hour) Compcnsati on shall be made at hourly
r:ucs hi Iled up to the Not I'o Exceed fee of$4,480.
Task 29 scope meludus 12 hours fur Project Manager(Q$110/hour),6 hours for Professional Engineer
( ,6135/hour),4 hours Ioi JCA Engmecnny QV,,$120/hour),and 4 hcury for I lunt Design(@$130/hour).Compensation shall be
made at hourly rates billed up to the Not Tu Exceed fee of$3,430.
10Task 30 scope includes,4 hours fnr Project Manager(@$1-104Tour),•l hours for Landscape Architect( 1120/hout'),
2 hows for Prolessonal Engineer((tee$135/hour),6 hours for pngincering Designer(@; 115/hour).4 hours for Landscape
— Designer(N$90/hour), 12 hours for CAD Desi,+ner(([DSO/hour),Lind 16 hours for.ICA Fnginccring(a$120/hour)
Compensation shall be made at hourly rates billed up to the Not To Exceed Ice ul 85?40.
Rcimbursube expenscb will be paid for the expenses mcumcd(without a nmtk-up),upon subnt¢cal ofteceipts for
expenses with monthly progress invoices,not to exceed file contrail amounT of$7,180
. r ,
Except as specifically amended by this Amendment No. 2, all terms and provisions of Agreement
No. 5395 remain In full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By. y'
a1105 2Tk C1ly M
APPROVED BY CI'P(COUNCIL
APPR VED AS TO F eM[ ^raw` 17.1.•ill,
r APPROVED BY CITY MANAGER
7y:// s � �/ r• ;ti
C1t Atto e � �? �1 rf no",
Y v C`f / Cry'i OR: ChcE one_individual_Parulcrship KCurporauon
Corporations rcqulle[Wo notarized slGnamres. One slgneWre MUSE(ie lium the ChainnxnnfRoeld,Pres¢lo n Vice Presides[.The •ecnnrl
signa[urc must 1)e from life Secretary,AssnonT Sene[niy,Tma%urcr, A%minjilt Tr dsur r,nr Chicf in'nPI 0 hirer).
Byiv�(/ , By-
Norat ized Signature of Chairman of Board, Notarized Signature Secretary, Asst Sccrerary,
Presidcm or anly�Vice PVusiidene Treasurer, Am treasurer Or Chid Financial
Officer
Name: k I YY1 S. PG k o Gl es Name: m (—L' Af r ` 14, fr��x (9�,r��
Tide: V r Lt 1-r! S I I�GYI f Title. l e y: (-ou' R.GI T1'1tl`�-1
State of CAL\F0R0VA Sior,oT c9q—,00 I
County of 6RANfa Iss '` \ Countynl Nl " _� DA a as
L l6A \4Md,'Tl
On Loh O befum me, On 3 0'?belum me, Jr~ A
pemonillyappeaied ,QCJ� who psi 5oi>;illy appeared L\JYLrL ry1 07�'t1�.��1i� wllo
proved to me on the basis of sdtniactory evidence m he the pernon4 proved to me on die basis of satisfactory cvidciwe to be die personla
whose nairwi*am subscribed to the within instrument and Whose name(* is/ma subxribud to the within inssn•ulmill and
aulrnowIcii to sic [hat he/anccy executed life same in acknowlcdGcd to nic that hehhekhej exeeu[ed the same in
his/ie /[heir authorized capncay(tP , and that by his hm [heir his1ht Lthca- authorized eapaeayovas, and that by his/4ftv`d elY
signatures*on Tire uls•[rument the persnn4i;}, ui flit entity upon s'ignatures'N on the instrument the person($i, or the entity upon
hch,llf of which the persnnQq gored,eeeuu[ed the mstrunicnT, bchall of which the Nrsoli9c.aced, executed The inscruinun[
T col lily under PLiNALTY OF PFRSURY under the law.of Ihu Slate I cn lily under PENALTY OF PEILIURY under the laws ul the State
of CiId'nrnia[hat the I'umgmnq pirigiapli is true and correct, nl C)1t10l urn that the loregoing pin agiaph is true and correct,
WITNESS nhy livid and ulli aI seal. WITNESS my h,md�ryd Of ticial sal.
1 I 1Notary Signatwe: _ Notary Signature:\ _.
Np[ary Sctd Notary Scal: /
�7;, OFFICIAL SEAL
LISA M.HENST DGE ,. „_•;r;, JENNIFER A BROWN
CammWlon ak 166106E1 r��-M"'y' NOTARY PUBLIC-OREGON
IV01�PLOW_Gt'Worna yrf \\7"�r` COMMISSIpN NO.398117
OMP Coln f MY COMMISSICN EXPIRES OCTOSER 9 2009 _
61WCOMM.Expllle�Au027,201
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 5395
WITH DAVID EVANS AND ASSOCIATES, INC.
GENE AUTRY TRAIL GATEWAY LANDSCAPING IMPROVEMENT
CITY PROJECT NO. 06-03
The Following articles of Agreement No. 5395 are hereby amended to read as follows:
SECTION 2.1 Maximum contract amount is amended to Two Hundred Thirty-FourThousand Eight
Hundred Fifty-Seven Dollars ($234,857.00).
SCOPE OF SERVICES Exhibit"A" - Please see attached sheets for additional work.
SCHEDULE OF COMPENSATION (Exhibit "C")- Please see attached sheet.
Purchase Order Number(s): 716070
Agreement Number: 5395
Original MO Number: 7968
City Council Approval; December 6, 2006
Original Contract Amount: $ 231,745,00
Amount of Increase: $ 3,112.00
Amended Total: $ 234,857.00
SIGNATURES ON LAST PAGE
Agreement No,5395
Amendment No. 1
Page 2
EXHIBIT A is amended as follows:
Add the following tasks.
Task 2.1 Consultant Coordination
Contractorshall coordinate with the City's design consultant, HDR Engineering,to obtain the new site plan
information associated with the General Plan Update revised intersection geometry.
Task 2.2 Site Plan Revisions
Contractorshall incorporate the newsite plan information associated with the General Plan Update revised
intersection geometry into both the park site and the Gene Autry Trail drawings. The park drawings shall
indicate ultimate future improvements in order to show that the new curb alignment will not interfere with
the gateway sign that is part of the park drawings. The interim improvements shall be shown on the Gene
Autry Trail drawings. Contractor shall modify the conceptual drawing that is currently in progress to show
the proposed improvements.
Agreement No 5395
Amendment No 1
Page 3
EXHIBIT C is replaced with the following:
Tasks listed below are identical to tasks Identified in Exhibit A of this Agreement. Payments to Contractor
shall be made no more frequently than monthly, and shall be based on costs per unit of work as indicated
herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata
portions thereof noted below,to a maximum of 75% oFthe lump sum task item fee until completion of such
task item, excluding those Tasks for which fees are paid on a time and materials basis as noted. Each
request for payment shall contain Contractor's statement of the work or tasks completed or portion
performed,with supporting documentation. The determination of payment due shall be made based upon
the reasonable judgement of the Contract Officer.
Task Total
Lump Sum
PHASE 1 - PRELIMINARY DESIGN CONCEPTS
Task 1 Project Start Up Meeting $2,370.00
Task 2 Gene Autry Trail Plan Review $1,500.00
Task 2.1 Consultant Coordination $850.00
Task 22 Site Plan Revisions $2,262.00
Task 3 Topographic Survey 514,965.00
Task 4 Project Area Base Sheets S4,760.00
Task 5 Preliminary Landscape Plans (Median and Parkway) $7,280.00
Task 5.1 Draft Conceptual Landscape Plan Review Meeting' $1,040.00
Task 6 Preliminary Park Plan and Gateway Development $18,960.00
Task 6.1 Draft Conceptual Park Plan and Gateway Review Meeting= $4,080.00
Task 7 Conceptual Plan Presentations' S6,240.00
Task 7.1 2-D Visual Simulation' $8,400.00
Task 7.2 3-D Visual Simulation' $15,000.00
Task 8 Agency Coordination S6 800.00
Phase 1 Subtotal $94,507,00
PHASE 2 -FINAL DESIGN
(Median and Parkways)
Task 9 Precise Grading Plan S9,160.00
Task 10 Planting Plans $11,440.00
Task 11 Irrigation Plans $11,760.00
Task 12 Electrical Plans $5,920.00
Task 13 Construction Details $1,840.00
Task 14 Construction Cost Estimate $2,440.00
Task 15 Project Specifications $2,910.00
EXHIBIT "C"
CONTINUES NEXT PAGE
Task 5.1 scope assumes 1 meeting, and includes attendance by Project Manager and Landscape Architect.
Compensation shall be made at hourly rates billed up to the Not To Exceed fee of$1,040.
Task 6.1 scope assumes 3 meetings,including attendance by Project Manager,LandscapcArchitect,and Hunt
Design. Compensation shall be made at hourly rates billed up to the Not To Exceed fee of S4,080.
TTask 7 scope assumes 6 presentations, and includes attendance by Project Manager and Landscape
Architect Compensation shall be made at hourly rates billed up to the Not To Exceed fee of$6,240.
4Tesk 7 1 scope assumes two simulations at a maximum of$4,200 each. Final compensation for required
simulations shall be subject to future negotiation, up to the maximum agreed cost of$4,200 each.
5Task 7.2 scope assumes one simulations at a maximum of$15,000. Final compensation for the required
simulation shall be subject to future negotiation, up to the maximum agreed cost of$15,000
Agreement No.SS05
Amendment No. 1
Page 4
(Park and Gateway Plans)
Task 16 Demolition Plan $2,560.00
Task 17 Site Plan/Construction Plan $6,680.00
Task 18 Precise Grading and Drainage Plan $8,520.00
Task 19 Planting Plan $5,800.00
Task 20 Irrigation Plan $6,160,00
Task 21 Electrical/Lighting Plans $5,080.00
Task 22 City Gateway Plans $6,560.00
Task 23 Project Specifications $6,060.00
Task 24 Construction Cost Estimate $2 500.00
Phase 2 Subtotal $95,390.00
PHASE. 3 -CONSTRUCTION ADMINISTRATION
Task 25 Bid Assistance' $4,820.00
Task 26 Pre-Construction Meeting $2,370.00
Task 27 Construction Management' $17,420.00
Task 28 Shop Drawing Review' $4,480.00
Task 29 Acceptance Inspection (Punch List)' $3,450.00
Task 30 As-Built Record Drawinas10 $5 240.00
Phase 3 Subtotal $37,780.00
Reimbursable Expenses" $7,180.00
Grand Total of Contract $234,857.00
END OF EXHIBIT "C"
'Task 25 scope includes 16 hours for Project Manager(@ $140/hour), 12 hours for Professional Engineer
(@$135/1hour),4 hours For JCA Engineering (@$120/hour),and 4 hours for Hunt Design(@$120/hour).Compensation
shall be made at hourly rates billed up to the Not To Exceed fee of$4,820.
Task 27 scope includes 40 hours for Project Manager (@ $140/hour) 60 hours for Landscape Architect
(@5120/hour), 20 hours for Professional Engineer (r@$135/hour), and 16 hours for Hunt Design (@51201hour).
Compensation shall be made at hourly rates billed up to the Not To Exceed fee of$17,420.
8Task 28 scope includes 8 hours for Project Manager (@ $140/hour), 8 hours for Landscape Architect
(@$120/hour),15 hoursforJCA Engineering(@$120/hour),and 4 hours for Hunt Design(@$120/hour).Compensation
shall be made at hourly rates billed up to the Not To Exceed fee of$4.480
TTask 29 scope includes 12 hours for Project Manager(@ $140/hour), 6 hours for Professional Engineer
(@5135/hour),4 hours for JCA Engineering (@5120/hour), and 4 hours for Hunt Design (@$120/hour) Compensation
shall be made at hourly rates billed up to the Not To Exceed fee of$3,450.
10Task 30 scope includes 4 hours for Project Manager (@ 5140/hour), 4 hours for Landscape Architect
(@$120/hour).2 hours far Professional Engineer(@$135/hour),6 hours for Engineering Designer(@$115/hour),4 hours
for Landscape Designer (@$90/hour), 12 hours for CAD Designer (@80/hour), and 16 hours for JCA Engineering
(@$120/hour).Compensation shall be made at hourly rates billed up to the Not To Exceed fee of$$,240
11 Reimbursable expenses will be paid for the expenses incurred(without a mark-up),upon submittal of receipts
for expenses with monthly progress invoices, not to exceed the contract amount of$7.180.
Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement
No. 5395 remain In full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By. .�
City Clerk City` ger
APPROVED BY CITY COUNCIL
APPROVEgTOFORM: ��� �.b•pb
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WITNESS my hand and ol•Iicial seal WITNESS niy uiii d uffin:d sccnlf�
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L-ILANI L.DOHERTY
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OFFICIAL SEAL
01117
JENNiFER A BROWN
MY CgmT.�+Fdmwry 0.=a NOTARY PUBLIC-OREGON
COMMISSION NO.398117
MY COMMISSION EXPIRES OCTOBER 9.2009
APPROVEDAS O FORM:
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CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
Gene Autry Trail Gateway Landscaping Improvement
City Project 06-03
THIJ CONTRA T SERVICES AGREEMENT(herein "Agreement"), is made and entered
into this S day of NvWfifl, 0 , 2#5# by and between the City of Palm Springs,
a California charter city, (h rein "City") and David Evans and Associates, Inc., (herein
"Contractor"). The term Contractor includes professionals performing in a consulting capacity.
The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scone of Services. In compliance with all terms and conditions of this Agreement,
the Contractor shall provide those services specified in the "Scope of Services" attached hereto
as Exhibit"A" and incorporated herein by this reference,which services may be referred to herein
as the "services" or "work" hereunder. As a material inducement to the City entering into this
Agreement, Contractor represents and warrants that Contractor is a provider of first class work
and services and Contractor is experienced in performing the work and services contemplated
herein and, in light of such status and experience, Contractor covenants that it shall follow the
highest professional standards in performing the work and services required hereunder and that
all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement,
the phrase "highest professional standards" shall mean those standards of practice recognized
by one or more first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal
or bid which shall be incorporated herein by this reference as though fully set forth herein. In the
event of any inconsistency between the terms of such proposal and this Agreement, the terms of
this Agreement shall govern,
1.3 Compl_iance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost
and expense such licenses, permits and approvals as may be required by law forthe performance
of the services required by this Agreement. Contractor shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the Contractor's performance of the services required
by this Agreement, and shall indemnify, defend and hold harmless City against any such fees,
assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiaritywith Work, By executing this Contract, Contractor represents that
Contractor(a)has thoroughly investigated and considered the scope of services to be performed,
(b) has carefully considered how the services should be performed and (c) fully understands the
facilities, difficulties and restrictions attending performance of the services underthis Agreement.
Page 1 of 23
If the services involve work upon any site, Contractor warrants that Contractor has, or will,
investigate the site and is or will be Fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Contractor discover any latent or unknown
conditions,which will materially affect the performance of the services hereunder,Contractorshall
immediately inform the City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work, and the equipment, materials, papers,
documents, plans, studies and/or other components thereof to prevent losses or damages, and
shall be responsible for all such damages, to persons or property, until acceptance of the work
by City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement_ Both parties agree to act
in good faith to execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,
neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during the performance of
the services, without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Services or make changes by altering, adding to or deducting from said work including
any reduction in the number of meetings, presentations, or simulations as enumerated in Exhibit
"C". No such extra work may be undertaken unless a written order is first given by the Contract
Officer to the Contractor, incorporating therein any adjustment in (i)the Contract Sum, and/or(ii)
the time to perform this Agreement, which said adjustments are subject to the written approval
of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum
or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days
may be approved by the Contract Officer. Any greater increases, taken either separately or
cumulatively must be approved by the City Council. It is expressly understood by Contractor that
the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services or reasonably contemplated therein.
1.9 Special Requirements. Additional terms and conditions of this Agreement, if any,
which are made a part hereof are set forth in the "Special Requirements" attached hereto as
Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit"B" and any other provisions of this Agreement, the provisions in Exhibit"B"
shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of Two Hundred Thirty-One Thousand Seven Hundred Forty-Five Dollars
($231,745,00) (herein "Contract Sum"), except as provided in Section 1.8. The method of
compensation may include (i) a lump sum payment upon completion, (ii) payment in accordance
Page 2 of 23
with the percentage of completion of the services, (iii)payment for time and materials based upon
the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the
Contract Sum or(iv) such other methods as may be specified in the Schedule of Compensation.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs,telephone expense,transportation expense approved bythe Contract Officer
in advance, and no other expenses and only if specified in the Schedule of Compensation. The
Contract Sum shall include the attendance of Contractor at all project meetings or presentations
reasonably deemed necessary by the City and as described in Exhibits "A" and "C'; Contractor
shall not be entitled to any additional compensation for attending said meetings. Contractor
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the
Scope of Services may be more costly or time consuming than Contractor anticipates, that
Contractorshall not be entitled to additional compensation therefore,and the provisions of Section
1.8 shall not be applicable for such services, except that the provisions of this Section shall apply
in the event the City should request additional meetings, presentations, or simulations over and
above the number of meetings, presentations, or simulations enumerated in Exhibit "C".
2.2 Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later
than the first (V) working day of such month, Contractor shall submit to the City in the form
approved by the City's Director of Finance, an invoice for services rendered prior to the date of
the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated
thereon which are approved by City pursuant to this Agreement no later than the last working day
of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all services within the
time period(s)established in the"Schedule of Performance"attached hereto as Exhibit"D", if any,
and incorporated herein by this reference. When requested by the Contractor, extensions to the
time period(s) specified in the Schedule of Performance may be approved in writing by the
Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of
any delays due to unforeseeable causes beyond the control and without the fault or negligence
of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually
severe weather,fires,earthquakes,floods, epidemics,quarantine restrictions, riots, strikes,freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
Contractor shall within ten (10) days of the commencement of such delay notify the Contract
Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of the enforced
delay when and if in the judgment of the Contract Officer such delay is justified. The Contract
Officer's determination shall be final and conclusive upon the parties to this Agreement. In no
event shall Contractor be entitled to recover damages against the City for any delay in the
Page 3 of 23
performance of this Agreement, however caused, Contractor's sole remedy being extension of
the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement,
this ,Agreement shall continue in full force and effect until completion of the services but not
exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit "D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are hereby
designated as being the principals and representatives of Contractor authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
Kim Rhodes
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the
services hereunder. For purposes of this Agreement, the foregoing principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated
by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of the services and the Contractor
shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the Contract
Officer. The Contract Officer shall have authority to sign all documents on behalf of the City
required hereunder to carry out the terms of this Agreement, which approval shall not be
unreasonably withheld.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of Contractor, its principals and employees were a substantial
inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with
any other entity to perform in whole or in part the services required hereunder without the express
written approval of the City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law,
whether for the benefit of creditors or otherwise, without the prior written approval of City_
Transfers restricted hereunder shall include the transfer to any person or group of persons acting
in concert of more than twenty five percent (25%) of the present ownership and/or control of
Contractor, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Contractor or any surety of Contractor of any liability
hereunder without the express consent of City.
Page 4 of 23
The City's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available, to persons or entities with offices located in the Coachella Valley ("Local
Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to
Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In
requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have
been made or that no Local Subcontractors are qualified to perform the work. Said good faith
efforts may be evidenced by placing advertisements inviting proposals or by sending requests for
proposals to selected Local Subcontractors. The City may consider Contractor's efforts in
determining whether it will consent to a particular subcontractor. Contractor shall keep evidence
of such good faith efforts and copies of all contracts and subcontracts hereunder for the period
specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which Contractor, its agents or employees, perform
the services required herein, except as otherwise set forth herein. City shall have no voice in the
selection, discharge, supervision or control of Contractor's employees, servants, representatives
or agents, or in fixing their number, compensation or hours of service. Contractor shall perform
all services required herein as an independent contractor of City and shall remain at all times as
to City a wholly independent contractor with only such obligations as are consistent with that role_
Contractor shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City. City shall not in anyway or for any purpose become
or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a
member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance, A policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of at least $1,000,000
bodily injury and property damage including coverages for contractual liability, personal injury,
independent contractors, broad form property damage, products and completed operations. The
Commercial General Liability Policy shall name the City of Palm Springs as additional insured in
accordance with standard ISO additional insured endorsementform CG2010(1185)or equivalent
language.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in
an amount which fully complies with the statutory requirements of the State of California and
which includes $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability insurance
written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily and
property damage. Said policy shall include coverage for owned, non-owned, leased and hired
Page 5 of 23
cars.
(d) Additional Insurance. Additional limits and coverages, which may include professional
liability insurance, will be specified in Exhibit "B
All of the above policies of insurance shall be primary insurance and issued by companies
whose rating satisfies the requirements in Section 5.4 of this agreement. The insurer shall waive
all rights of subrogation and contribution it may have against the City, its officers, employees and
agents, and their respective insurers. In the event any of said policies of insurance are canceled,
the Contractor shall, prior to the cancellation date, submit new evidence of insurance in
conformance with this Section 5.1 to the Contract Officer. No work or services under this
Agreement shall commence until the Contractor has provided the City with Certificates of
Insurance, endorsements or appropriate insurance binders evidencing the above insurance
coverages and said Certificates of Insurance, endorsements, or binders are approved bythe City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment
of damages to any persons or property resulting from the Contractor's activities or the activities
of any person or person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.3 of this Agreement the contract between the Contractor and such subcontractor shall require
the subcontractor to maintain the same polices of insurance that the Contractor is required to
maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them, and each of them, harmless from any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations,
errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by
any person, firm or entity arising out of or in connection with the negligent performance of the
work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees,
provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or
arising from Contractor's negligent performance of or failure to perform any term, provision,
covenant or condition of this Agreement, but excluding such claims or liabilities arising from the
sole negligence orwillful misconduct of the City, its officers, agents or employees,who are directly
responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said
claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees
incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers,
agents or employees for any such claims or liabilities arising out of or in connection with the
negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
Page 6 of 23
(c) In the event the City, its officers, agents or employees are made a party to any
action or proceeding filed or prosecuted against Contractor for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
5.3 Performance Bond. Deleted.
5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory
only if issued by companies qualified to do business in California, rated "A" or better in the most
recent edition of Best 's Key Rating Guide or in the Federal Register, unless such requirements
are waived by the City Manager or designee of the City Manager due to unique circumstances.
In the event the City Manager determines that the work or services to be performed under this
Agreement create an increased or decreased risk of loss to the City, the Contractor agrees that
the minimum limits of the insurance policies required by this Section 5 may be changed
accordingly upon receipt of written notice from the City Manager or designee; provided that the
Contractor shall have the right to appeal a determination of increased coverage by the City
Manager to the City Council of City within ten (10)days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned
about the cost of work and services to be performed pursuant to this Agreement. Forthis reason,
Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or
events that may or will materially increase or decrease the cost of the work or services
contemplated herein or, if Contractor is providing design services, the cost of the project being
designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance,
technique or event and the estimated increased or decreased cost related thereto and, if
Contractor is providing design services, the estimated increased or decreased cost estimate for
the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such books
and records as shall be necessary to perform the services required by this Agreement and enable
the Contract Officer to evaluate the performance of such services. The Contract Officer shall
have full and free access to such books and records at all times during normal business hours of
City, including the right to inspect, copy, audit and make records and transcripts from such
records. Such records shall be maintained for a period of three (3) years following completion of
the services hereunder, and the City shall have access to such records in the event any audit is
required.
6.3 Ownership of Documents. All drawings,specifications, reports, records, documents
and other materials prepared by Contractor, its employees, subcontractors and agents in the
performance of this Agreement shall be the property of City and shall be delivered to City upon
Page 7 of 23
request of the Contract Officer or upon the termination of this Agreement. Contractor shall have
no claim for further employment or additional compensation as a result of the exercise by City of
its full rights of ownership of the documents and materials hereunder. Any use of such completed
documents for other projects and/or use of uncompleted documents without specific written
authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and
the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain
copies of such documents for its own use. Contractor shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment to City any
documents or materials prepared by them, and in the event Contractor fails to secure such
assignment, Contractor shall indemnify City for all damages resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records, documents
and other materials prepared by Contractor in the performance of services under this Agreement
shall not be released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of California,
or any other appropriate court in such county. Contractor covenants and agrees to submit to the
personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement,the injured party
shall notify the injuring party, in writing, of its contentions by submitting a claim therefor. The
injured party shall continue performing its obligations hereunder so long as the injuring party
commences to cure such default within ten (10)days of service of such notice and completes the
cure of such default within forty-five (45) days after service of the notice, or such longer period as
may be permitted by the injured party; provided that if the default is an immediate danger to the
health, safety and general welfare, such immediate action may be necessary. Compliance with
the provisions of this Section shall be a condition precedent to termination of this Agreement for
cause and to any legal action, and such compliance shall not be a waiver of any party's right to
take legal action in the event that the dispute is not cured, provided that nothing herein shall limit
City's orthe Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount
payable to Contractor(whether or not arising out of this Agreement)(i) any amounts the payment
of which may be in dispute hereunder or which are necessary to compensate City for any losses,
costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to
third parties, by reason of Contractor's acts or omissions in performing or failing to perform
Contractor's obligation under this Agreement. In the event that any claim is made by a third party,
the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which
shall appear to be the basis for a claim of lien, City may withhold from any payment due, without
liability for interest because of such withholding, an amount sufficient to cover such claim. The
failure of City to exercise such right to deduct or to withhold shall not, however, affect the
obligations of the Contractorto insure, indemnify, and protect City as elsewhere provided herein.
Page 8 of 23
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver. A
party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approoval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may take legal
action, in law or in equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain declaratory or injunctive
relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Deleted.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination
of thus Agreement except as specifically provided in the following Section for termination for cause.
The City reserves the right to terminate this Agreement at any time, with or without cause, upon
thirty (30) days written notice to Contractor, except that where termination is due to the fault of
the Contractor, the period of notice may be such shorter time as may be determined by the
Contract Officer. In addition,the Contractor reserves the right to terminate this Agreement at any
time, with or without cause, upon sixty (60) days written notice to City, except that where
termination is due to the fault of the City, the period of notice may be such shorter time as the
Contractor may determine. Upon receipt of any notice of termination, Contractor shall
immediately cease all services hereunderexcept as may be specifically approved bythe Contract
Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to
compensation for all services rendered prior to the effective date of the notice of termination and
for any services authorized by the Contract Officer thereafter in accordance with the Schedule of
Compensation or as may be approved by the Contract Officer, except as provided in Section 7.3.
In the event the Contractor has initiated termination, the Contractor shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder.
In the event of termination without cause pursuant to this Section, the terminating party need not
provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract
or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of
the services required hereunder exceeds the compensation herein stipulated (provided that the
City shall use reasonable efforts to mitigate such damages), and City maywithhold any payments
Page 9 of 23
to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as
previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or
made a party to any action or proceeding In any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall
include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be
entitled to all other reasonable costs for investigating such action, taking depositions and
discovery and all other necessary costs the court allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-Iiabilityof City Officers and Employees. No officer or employee of the City shall
be personally liable to the Contractor, or any successor in interest, in the event of any default or
breach by the City or for any amount which may become due to the Contractor or to its successor,
or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which effects his financial interest or the financial interest
of any corporation, partnership or association in which he is, directly or indirectly, interested, in
violation of any State statute or regulation. The Contractor warrants that it has not paid or given
and will not pay or give any third party any money or other consideration for obtaining this
Agreement.
8.3 Covenant Against_Discrimination. Contractor covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, or ancestry in the performance of this
Agreement. Contractor shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263. In the case of the Contractor, it
should be addressed to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
Page 10 of 23
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with
the meaning of the language used and shall not be construed foror against either party by reason
of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Integration; Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations,arrangements,agreements and understandings,if any, between
the parties, and none shall be used to interpret this Agreement. This Agreement may be
amended at any time by the mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable
by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs,
or sections of this Agreement which are hereby declared as severable and shall be interpreted
to carry out the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this Agreement
meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
(SIGNATURES ON FOLLOWING PAGE)
Page 11 of 23
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
d_ate'first written above
CITY OF PALM SPRINGS, a California charter
= city
ATTEST:
City Clerk Ci a r
"APPROVE O FORM:
� APPROVED BY CITY COUNCIL
'�V ity Attorney m
CONTRACTOR: David Evans and Associates, Inc.
Check one:—individual—Partnership X corporation Other
(Specify)
Signature(notarized) Signature notarized)
Name: Kim S. Rhodes Name: Richard A. Hart
Title: Vice President Title: Vice President
(This Agreement must be signed in the above space by This Agreement must be signed in the above space by
one of the following.Chairman of the Board, President or one of the following:Secretary, Chief Financial Officer or
any Vice President) any Assistant Treasurer)
State of California State of California
County of an ernar Ino ISS County of San Bernardino Iss
On November 30,2006 On November 30, 2006
before me,Maria Marzoeki, Notary Public before me,Maria Me zoeki. Notary Public
personally appeared Kim S. Rhodes personally appeared Richard A. Hart
personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of
satisfactory evidence)to be the persons)whose namc(s)Ware satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the capacily(ies) and that by his/her/their signature(s) on the
instrument the person(s), or the enlity upon behalf of which the instrument the person(s), or the entity upon behalf of which the
person(s)acted, executed the instrument. perzon(s)acted, executed the instrument.
WITNESS my hand and/o/fficial seal 7 WITNESS my hand and officialseal 0
Notary Signature://�C&Y � (X-��:.�jn�- Notary Signature:
Notary Seal Notary Seal
MARIA MARZOEKI MARIA MARZDEKI
Comm.u 745Ba87 ¢ Cvmm.#1458087
m •M NCTARYPUBLIC-CALIFORNIA 6' m •'Y1 NOTARY PUBLIC•CALIFORNIA
Q '� San eiamardlno County a Q d San aemardino County
My Comm•Expires January 13•Yue8 My Comm.Expires January 13,200a
Page 12 of 23
EXHIBIT "A„
SCOPE OF SERVICES
GENERAL SCOPE—The intent of this contract is to provide the City with engineering design and
landscape architectural services to accomplish the installation of landscaping and associated
improvements within the future raised median on Gene Autry Trail between Vista Chino and Via
Escuela (approximately '/4 mile) including the adjacent 20 feet wide parkways; and landscaping
of the vacant parcel located at the southwest corner of Gene Autry Trail and Vista Chino (1.72
acres) to be used as a "passive park" and the location of a new Palm Springs gateway entry
monument ("Project"). The City's construction budget for this project is $1,400,000. The Scope
of Services as detailed herein shall provide the City with complete engineering design and
landscape architectural services necessary to prepare plans,specifications and estimates(PS&E)
with which to facilitate construction of the desired improvements within the specified budget.
PHASE 1: PRELIMINARY DESIGN CONCEPTS
Task 1 - Project Start Up Meeting
Contractor shall attend a start up meeting with City staff to discuss the design intent and visit the
project area to clarify field conditions and limits of work. This meeting will provide a thorough
review of the scope of services, objectives, design, maintenance requirements, method of
irrigation, limits of work, construction schedule, and budget. The Contractor shall discuss
proposed materials and infrastructure needs.
Task 2 - Gene Autry Trail Plan Review
Contractor shall perform data collection including obtaining record information and an inventory
of existing improvements prior to commencing work.
Task 3 Topographic Survey
Contractor shall perform utility and right-of-way research in preparation of the base mapping for
this project. This research will include searching for available record data (record maps, right-of-
way maps, centerline ties, corner records, benchmarks, utilities, existing improvement plans)
within or adjacent to the project limits. Contractor shall gather available information from the utility
purveyors regarding their facilities in the project area. This will permit these facilities to be
incorporated into the base map for the project. The City will provide a current title report for the
property identified by APN 677-220-016 to be surveyed at no cost to the Contractor. The title
report will be used to determine ownership and encumbrances upon the property.
After reviewing the site, Contractor shall perform an aerial topographic survey of the project site.
The proposed aerial topographic mapping will cover the project limits using the following
procedures:
• Utilizing existing CORS (Continuously Operating Reference Station), NGS and county of
Riverside horizontal and vertical control, Contractor shall establish a systematic network of
survey control points.The control points shall be established by GPS and conventional survey
methods and will include existing centerline intersections and aerial control panels for the
project.
• Provide 20 scale, 0.5'contour interval aerial topographic map of the 1.7 acre project site(APN
677-220-016). Topographic mapping to include: roadway improvements (curb and gutter,
Page 13 of 23
EXHIBIT "A"
SCOPE OF SERVICES
cross gutters, driveways, traffic signals, street lights), utility improvements (manholes, vaults,
meter boxes, power poles and guy wires), and other improvements (catch basins, walls,
fences, buildings).
Contractor shall provide one field day of survey for flight verification and to locate the existing
features and elevations in the conform areas of the project as defined by the project engineer.
The existing surface elevations will be taken in those areas where the new design joins the
existing improvements adjacent to the project.This data will allow Contractorto model the existing
condition of these conform areas.
From the survey and research data, Contractor shall prepare a base map for the project. The
base map will depict record right-of-way, existing utilities, record easements, and the aerial
topographic and record boundary as described above. No monuments will be set as part of this
scope of work. Note: underground utilities will be mapped by record public information only;
subsurface utilities that are not identified on existing record maps will not be shown.
Task 4 Project Area Base Sheets
Contractor shall prepare project area base maps for the proposed median and parkway
improvements on Gene Autry Trail from Vista Chino to Via Escuela, in addition to the vacant
property located at the southwest corner of Gene Autry Trail and Vista Chino (approximately 1.72
acres). Plans will be created from digital topographic and street plans provided by the City, or a
City designated consultant. Plans will be prepared at 1" 20'on 24"x 36"standard city title block
sheets in order to fully depict proposed elements.
Task 5 Preliminary Landscape Plans (Median and Parkway)
Contractor shall prepare a"story board"with a colored conceptual plan and representative photos
of key elements of the design's hardscape, perimeter wall, light fixtures, and plant palette. A 30"
x 42" "Story Board" with color rendered conceptual plan and decorative hardscape and plant
photos will be provided.
Task 5.1 Draft Conceptual Landscape Plan Review Meeting
Contractor shall attend a meeting with City staff to review the draft conceptual plan forthe median
and parkways, and to receive initial comments and direction in which to proceed with the final
conceptual plan. This task assumes one meeting will be scheduled to review the draft conceptual
plan. This task includes 4 hours for Project Manager and 4 hours for Landscape Architect. If
additional meetings are required to review the draft conceptual plan, a contract amendment will
be negotiated.
Task 6 Preliminary Park Plan and Gateway Development
Contractor shall prepare two conceptual plans for the improvements to the passive park and three
preliminary designs for the city gateway. Design features may include: picnic areas, walkways,
native planting areas, improved grading and drainage, new landscaping, public art / a primary
gateway component, and site lighting, as directed. The signage program is anticipated to work
Page 14 of 23
EXHIBIT "A"
SCOPE OF SERVICES
hand in hand with the final design and will be coordinated with the City for approval in concept.
Task 6.1 Draft Conceptual Park Plan and Gateway Review Meeting
Contractorshall attend up to three(3) meetings with City staff to review the draft conceptual plans
for the park and gateway, and to receive initial comments and direction in which to proceed with
the final conceptual plans. This task assumes three (3) meetings will be scheduled to review the
draft conceptual plan. This task includes 12 hours for Project Manager, 12 hours for Landscape
Architect, and 8 hours for Hunt Design. If additional meetings are required to review the draft
conceptual plans, a contract amendment will be negotiated.
Task 7 Conceptual Plan Presentations
Contractor shall present plans to City staff and project team for review and comment. Revisions
will be made accordingly. Once any necessary revisions are complete, Contractor shall present
the concept to the Architectural Advisory Committee, Planning Commission, and City Council.
Any necessary revisions will be made in order to obtain a formal approval through the Major
Architectural Approval process including an additional City Council meeting if required. This task
assumes up to six separate presentations will be made throughout the preliminary design. Two
plan revisions are also included. Additional revisions will be addressed during the final design
phase. This task includes 24 hours for Project Manager and 24 hours for Landscape Architect.
If additional time is required for Conceptual Plan Presentations, a contract amendment will be
negotiated.
Task 7.1 2-D Visual Simulation
Contractor shall provide two-dimensional, colored, visual simulations. One visual simulation will
be provided to represent the median and parkway landscaping. Three visual simulations will be
provided to represent the park and gateway element. Contractor shall provide two (2) 11"xl T'
color renderings for use in presentation materials of each simulation. Visual simulations shall be
provided in PowerPoint Presentation format for use in presentation at meetings.
Task 7.2 3-D Visual Simulation
Contractorshall provide one(1)three-dimensional,colored,visual simulation to representthe park
and gateway element at the southwest corner of Gene Autry Trail and Vista Chino. A digital,
three-dimensional"drive by"simulation of different vantage points of the cornershall be prepared.
Contractor shall provide 11"xl7" color renderings of the three-dimensional "drive by" simulation
for use in presentation materials of the simulation. The visual simulation shall be provided in
PowerPoint Presentation format for use in presentation at meetings.
Task 8 Agency Coordination
Contractor shall coordinate with City staff, Caltrans District 8, Southern California Edison and the
Desert Water Agency (DWA) as required to determine the project constraints, landscape
guidelines, and operational / maintenance issues. This task also includes project management
and scheduling updates throughout the duration of the project. Contractor shall also coordinate
Page 15 of 23
EXHIBIT "A"
SCOPE OF SERVICES
with Caltrans Permits (C.K. Chan) regarding encroachment permit processing as may be
necessary. Compliance with local, regional and state/federal agencies will also be addressed.
PHASE 2: FINAL DESIGN
Median and Parkways
Task 9 Precise Grading Plan
Contractor shall prepare a 1"=20'scale precise grading plan forthe parkway improvements along
Gene Autry Trail depicting grading contours,slope,sidewalk improvements, area drains and block
wall elevations. The plan will be submitted to the city of Palm Springs for review and approval.
The scope and fee is based on 1,350 lineal feet of parkway improvements.
Task 10 Planting Plans
Upon receiving written authorization to proceed, Contractor shall prepare planting plans for the
Gene Autry Trail medians and parkways. Plans will include a plant legend indicating trees, palms,
shrubs, and ground covers, in addition to grading for berms(if desired)and information regarding
fines and decorative rock. The legend will indicate the botanical and common names, quantity,
size, remarks (such as variety and staking procedure). The plans will provide an integrated
palette of selected material, rock placement, hardscape and lighting.
Task 11 Irrigation Plans
The final irrigation plans will provide the necessary information for a complete and fully automatic
drip irrigation system forthe project. The plans will indicate the point(s)of connection based upon
Desert Water Agency (DWA) requirements, backflow prevention and pressure regulation (as
necessary), and equipment size and type in the irrigation legend. Contractor shall coordinate with
the DWA to obtain approvals prior to bidding.
Task 12 Electrical Plans
Contractor shall provide electrical/lighting plans for the proposed median planting. Plans will
indicate fixtures, conduit, wiring and pertinent information for a complete and fully operational
electrical/lighting system.
Task 13 - Construction Details
Construction details will be provided for planting, irrigation, lighting, fines and boulder/rock
placement.
Task 14 Construction Cost Estimate
Contractor shall prepare a final construction cost estimate in a per unit basis of proposed
improvements once the construction documents have been completed. This format will directly
match the contractor bid schedule for ease of comparison. The estimate will be in tabular form
Page 16 of 23
EXHIBIT "A„
SCOPE OF SERVICES
for each construction item showing quantity, unit, unit price, and total cost.
Task 15 Project Specifications
Contractor shall prepare technical specifications, in addition to modifying the boilerplate document
provided by the City.
Park and Gateway Plans
Task 16 Demolition Plan
Contractor shall prepare a demolition plan to depict items for removal; in addition to indicating all
features which should be protected in place.
Task 17 Site Plan/Construction Plan
This plan shall designate features of the proposed project including placement, detail references,
material and manufacturer callouts, general construction notes, and specific elements of the
overall design which are necessary for the proper construction of all items.
Task 18 Grading and Drainage Plan
Contractor shall prepare a 1"=20' scale grading and drainage plan for the 1.72 acre project site.
The plan will utilize the site plan for the base information and will depict vertical controls for the
proposed site features. The plan will depict on-site grading contours, finish surface elevations,
drainage patterns and drainage features for the site. The plan will consider ADA requirements
for accessibility. Drainage structures (catch basins, parkway drains, etc.) will be indicated.
Task 19 Planting Plans
The planting plan shall indicate location of trees, shrubs, groundcover,and turf. A planting legend
will denote symbols, botanical and common names, size, quantities, and remarks. Planting notes
shall be included as necessary.
Task 20 Irrigation Plans
The irrigation plan will identify the point of connection and meter location, irrigation equipment
location and type (backflow preventer, controller, gate valves, remote control valves, main line,
lateral lines, sleeves, and irrigation heads), irrigation equipment legend, notes, and all necessary
calculations for water usage (AB 325).
Task 21 Electrical/Lighting Plans
The Final product includes electrical construction documents reflecting new site electrical service
including securitywalkway lighting, sign/gateway lighting, and powerfor new irrigation controllers.
Page 17 of 23
EXHIBIT "A"
SCOPE OF SERVICES
Task 22 City Gateway Plans
Contractor shall prepare detailed drawings and specifications for the preferred signage concept.
The drawings shall include typical standards for size, materials, and location (including, but not
limited to, those required by Caltrans). Note: structural engineering is excluded from this scope,
unless otherwise included by contract amendment as necessaryto prepare the final design of the
gateway concept chosen by the City.
Task 23 Project Specifications
Contractor shall prepare technical specifications for proposed items of construction.
Task 24 Construction Cost Estimate
Contractor shall prepare an estimate of quantities and probable construction costs for the items
of construction. The estimate will be prepared in spreadsheet and bid schedule format for
inclusion into the bid documents.
PHASE 3: CONSTRUCTION ADMINISTRATION
Task 25 Bid Assistance
Contractor shall provide bid assistance to include answering questions from prospective bidders,
bidder conference, participation in bid opening, bid analysis to determine lowest responsible
bidderand a pre-construction meeting. Forthe pre-construction meeting, Contractorshall identify
attendees, distribute an agenda (prepared with City staff), record and prepare minutes to be
distributed at a later date. This task includes 16 hours for Project Manager, 12 hours for
Professional Engineer, 4 hours for JCA Engineering, and 4 hours for Hunt Design. If additional
time for Bid Assistance is required, a contract amendment will be negotiated.
Task 26 Pre-Construction Meeting
Contractor shall help identify invitees, prepare and distribute agenda, chair the meeting and
take/distribute minutes.
Task 27 Construction Management
Contractor shall act as the City's representative during the construction phase, and advise and
consult with the City in matters pertaining to the construction contract and clarification of plans and
specifications. Contractor shall visit the site weekly in order to become familiar with the progress
and quality of the work to determine that the construction is proceeding in accordance with the
plans. On the basis of such observation, Contractor shall inform the City as to the progress and
quality of the work. Contractor shall provide construction administration, as noted during the
course of construction including all contract information required by federal, state, and local
regulations to coordinate reimbursement of TE grant funds. This task includes 40 hours for
Project Manager, 60 hours for Landscape Architect, 20 hours for Professional Engineer, and 16
hours for Hunt Design. If additional time for construction management is required, a contract
Page 18 of 23
EXHIBIT "A"
SCOPE OF SERVICES
amendment will be negotiated.
Task 28 Shop Drawing Review
Contractor shall review and comment upon all shop drawings and submittals_ This task includes
8 hours for Project Manager, 8 hours for Landscape Architect, 16 hours for JCA Engineering, and
4 hours for Hunt Design. If additional time is required for shop drawing review, a contract
amendment will be negotiated.
Task 29 Acceptance Inspection (Punch List)
Contractor shall participate in a final walk-through and prepare a punch list. All punch list items
to be completed prior to formal City acceptance of project. This task includes 12 hours for Project
Manager, 6 hours for Professional Engineer, 4 hours for JCA Engineering, and 4 hours for Hunt
Design. If additional time is required for the Acceptance Inspection (Punch List), a contract
amendment will be negotiated.
Taslk 30 As-Built Record Drawings
Contractor shall prepare record drawings from the contractor's redline as-built drawing at project
completion. This task includes 4 hours for Project Manager, 4 hours for Landscape Architect, 2
hours for Professional Engineer, 6 hours for Engineering Designer, 4 hours for Landscape
Designer, 12 hours for Cad Designer, and 16 hours for JCA Engineering. If additional time is
required for the As-Built Record Drawings, a contract amendment will be negotiated.
END OF EXHIBIT "A"
Page 19 of 23
EXHIBIT "B"
SPECIAL REQUIREMENTS
Contractor has been selected to perform the services described in the Agreement which include
the creation of one or more designs,drawings,or plans("Designs"). Contractor acknowledges that
City has budgeted the amount of One Million Four Hundred Thousand Dollars ($1,400,000) for
the construction phase of the Project ("Project Budget'). Contractor shall be responsible to do
project estimating to create Designs which will enable the Project to be constructed within an
amount which shall not exceed the Project Budget by more than ten percent (10%). In the event
that City solicits bids for construction of the Project, as such Project has been designed by
Contractor, and the lowest responsible bid exceeds the Project by more than ten percent(10%),
Contractor agrees to revise the previous Designs, or to create new Designs, at no additional cost
to City, so that a new price can be negotiated or the Project can be rebid so that the Project does
not exceed the Project Budget by more than ten percent (10%). Notwithstanding the foregoing,
Contractor is not responsible for changes in the Project scope initiated by City and all such
changes shall include appropriate mutually agreed changes to the Project Budget.
As specified in Section 5.1 (d), Additional Insurance, the following insurance policy shall be
required:
Professional Liability Insurance. A policy of Professional Liability Insurance in an
amount not less than One Million Dollars ($1,000,000.00) per claim and in the
aggregate with respect to loss arising from the actions of the Contractor performing
professional services hereunder on behalf of the City.
Section 5.3, Performance Bond, is deleted.
END OF EXHIBIT "B"
Page 20 of 23
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor
shall be made no more frequently than monthly, and shall be based on costs per unit of work as indicated
herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata
portions thereof noted below, to a maximum of 75%of the lump sum task item fee until completion of such
task item, excluding those Tasks for which fees are paid on a time and materials basis as noted. Each
request for payment shall contain Contractor's statement of the work or tasks completed or portion
performed,with supporting documentation. The determination of payment due shall be made based upon
the reasonable judgement of the Contract Officer.
Task Total
Lump Sum
PHASE 1 - PRELIMINARY DESIGN CONCEPTS
Task 1 Project Start Up Meeting $2,370.00
Task 2 Gene Autry Trail Plan Review $1,500.00
Task 3 Topographic Survey $14,965.00
Task 4 Project Area Base Sheets $4,760.00
Task 5 Preliminary Landscape Plans (Median and Parkway) $7,280.00
Task 5.1 Draft Conceptual Landscape Plan Review Meeting' $1,040.00
Task 6 Preliminary Park Plan and Gateway Development $18,960.00
Task 6.1 Draft Conceptual Park Plan and Gateway Review Meeting2 $4,080.00
Task 7 Conceptual Plan Presentations' $6,240.00
Task 7.1 2-D Visual Simulation $8,400.00
Task 7.2 3-D Visual Simulation' $15,000.00
Task 8 Agency Coordination $6,800.00
Phase 1 Subtotal $91,395.00
PHASE 2 - FINAL DESIGN
(Medlian and Parkways)
Task 9 Precise Grading Plan $9,160.00
Task 10 Planting Plans $11,440.00
Task 11 Irrigation Plans $11,760.00
Task 12 Electrical Plans $5,920.00
Task 13 Construction Details $1,840.00
Task 14 Construction Cost Estimate $2,440.00
Task 15 Project Specifications $2,910.00
EXHIBIT "C"
CONTINUES NEXT PAGE
'Task 5.1 scope assumes 1 meeting,and includes attendance by Project Manager and Landscape Architect.
Compensation shall be made at hourly rates billed up to the Not To Exceed fee of$1,040.
2Task 6.1 scope assumes 3 meetings,including attendance by Protect Manager,Landscape Architect,and Hunt
Design.Compensation shall be made at hourly rates billed up to the Not To Exceed fee of$4,080.
3Task 7 scope assumes 6 presentations, and includes attendance by Project Manager and Landscape
Architect.Compensation shall be made at hourly rates billed up to the Not To Exceed fee of$6,240.
4Task 7.1 scope assumes two simulations at a maximum of$4,200 each. Final compensation for required
simulations shall be subject to future negotiation, up to the maximum agreed cost of$4,200 each-
5 Task 7.2 scope assumes one simulations at a maximum of$15,000. Final compensation for the required
simulation shall be subject to future negotiation, up to the maximum agreed cost of$15,000.
Page 21 of 23
EXHIBIT "C"
SCHEDULE OF COMPENSATION
(Park and Gateway Plans)
Task 16 Demolition Plan $2,560.00
Task 17 Site Plan/Construction Plan $6,680.00
Task 18 Precise Grading and Drainage Plan $8,520.00
Task 19 Planting Plan $5,800.00
Task 20 Irrigation Plan $6,160,00
Task 21 Electrical/Lighting Plans $5,080.00
Task 22 City Gateway Plans $6,560.00
Task 23 Project Specifications $6,060.00
Task 24 Construction Cost Estimate $2 500.00
Phase 2 Subtotal $95,390.00
PHASE 3 - CONSTRUCTION ADMINISTRATION
Task, 25 Bid Assistance6 $4,820.00
Task, 26 Pre-Construction Meeting $2,370.00
Task 27 Construction Management' $17,420.00
Task 28 Shop Drawing Review' $4,480.00
Task 29 Acceptance Inspection (Punch List)' $3,450,00
Task 30 As-Built Record Drawings10 $5,240.00
Phase 3 Subtotal $37,780.00
Reimbursable Expenses" $7,180.00
Grand Total of Contract $231,745.00
END OF EXHIBIT "C"
6Task 25 Scope includes 16 hours for Project Manager(@ S140/hour), 12 hours for Professional Engineer
(@$135/hour),4 hours for JCA Engineering(@$120/hour),and 4 hours for Hunt Design(@$120/hour).Compensation
shall be made at hourly rates billed up to the Not To Exceed fee of$4,820,
7Tosk 27 scope includes 40 hours for Project Manager (@ $140/hour), 60 hours for Landscape Architect
(@$120/hour), 20 hours for Professional Engineer (@$135/hour), and 16 hours for Hunt Design (@$120/hour).
Compensation shall be made at hourly rates billed up to the Not To Exceed fee of$17,420.
'Task 28 scope includes 8 hours for Project Manager (@ $140/hour), 8 hours for Landscape Architect
(@$120/hour), 16 hours forJCA Engineering(@$120/hour),and 4 hours for Hunt Design(@$120/hour).Compensation
shall be made at hourly rates billed up to the Not To Exceed fee of$4,480.
9Task 29 scope includes 12 hours for Project Manager(@ $140/hour), 6 hours for Professional Engineer
(@$135/hour),4 hours for JCA Engineering(@$120/hour),and 4 hours for Hunt Design(@$120/hour).Compensation
shall be made at hourly rates billed up to the Not To Exceed fee of$3,450.
10Task 30 scope includes 4 hours for Project Manager (@ $140/hour), 4 hours for Landscape Architect
(@$120/hour),2 hours for Professional Engineer(@$135/hour),6 hours for Engineering Designer(@$115/hour),4 hours
for Landscape Designer (@$90/hour), 12 hours for CAD Designer (@80/hour), and 16 hours for JCA Engineering
((g$120/hour).Compensation shall be made at hourly rates billed up to the Not To Exceed fee of$5,240.
11 Reimbursable expenses will be paid for the expenses incurred(without a mark-up),upon submittal of receipts
for expenses with monthly progress invoices, not to exceed the contract amount of$7,1$0.
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
City and Contractor hereby mutuallyagree thatthe nature of the scope of services associated with
this Contract, and the requirement to coordinate and obtain approvals by other agencies, may
cause the term of this contract to exceed initial project schedule estimates. The term of this
contract shall automatically extend until such time as required approvals are obtained and all
services identified in Exhibit "A" are completed.
Forthe purposes of this contract,the Contractor's initial Project Schedule, submitted with its Work
Proposal (dated September 7, 2006) shall be incorporated herein by reference. Contractor
agrees to comply with its initial Project Schedule, as follows:
Tasks 1 and 2 shall be completed within 1 month of Notice to Proceed.
Tasks 3 and 4 shall be completed within 2 months of Notice to Proceed.
Task 5 shall be completed within 3 months of Notice to Proceed.
Tasks 6 and 7 shall be completed within 4 months of Notice to Proceed.
Task 8 shall be completed as necessary throughout the duration of the project.
Tasks 9, 10 and 11 shall be completed within 2 months of City approval of Conceptual Plans.
Tasks 12 and 13 shall be completed within 3 months of City approval of Conceptual Plans.
Tasks 14 and 15 shall be completed within 4 months of City approval of Conceptual Plans.
Task 16 shall be completed within 2 months of City approval of Conceptual Plans.
Task 17 shall be completed within 4 months of City approval of Conceptual Plans.
Task 19 shall be completed within 5 months of City approval of Conceptual Plans.
Tasks 18, 20, and 22 shall be completed within 6 months of City approval of Conceptual Plans.
Tasks 21, 23, and 24 shall be completed within 7 months of City approval of Conceptual Plans.
Tasks 25 through 30 shall be completed as necessary throughout the construction of the project.
A revised Project Schedule shall be submitted to the City for review and approval at the Project
Start Up Meeting, at which time it shall be incorporated herein by reference.
Note: The Schedule of Performance is subject to external factors that may be beyond the
Contractor's control (i.e. City review of deliverables, Agency review of plans, etc.). To the extent
that Section 7.7, "Liquidated Damages,"may be exercised by City as specified herein,the number
of days considered for liquidated damages shall be limited to those working days where delay of
deliverables is solely attributed to Contractor, and not a result of any external factors beyond
Contractor's control.
END OF EXHIBIT "D"
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