HomeMy WebLinkAbout2006-07-26 STAFF REPORTS 2T EXHIBIT "A„
SPECIAL REQUIREMENTS
(Budget
chitect has been hired to perform the services described in the Agreement,which include the creation of
or more designs, drawings, or plans (`Designs"). Architect acknowledges that City has budgeted the
ount of Four Million Five Hundred Thousand Dollars ($4,500,000) for the construction phase of the
ject(`Construction Budget").Architect shall be responsible to do Project estimating to create Designs
ich will enable the Project to be constructed with at an amount which shall not exceed the Construction
by more than ten percent(10%). Should City solicit bids for construction of the Project, as such
ject has been designed by Architect,and the lowest responsible bid exceeds the Constriction Budgetby
re than ten percent(10%),Architect agrees to revise the previous Designs, or to create new Designs,at
additional cost to City, so that a new price can be negotiated or the Project can be re-bid so that the
ject does not exceed the Construction Budget by more than ten percent (10%). Notwithstanding the
egoing, Architect is not responsible for changes in the Project scope initiated by City and all such
nges shall include appropriate mutually agreed changes to the Construction Budget.
Section 4.2 The Contract Officer for this agreement is hereby designated as the rollowing:
Richard S Walsh, A.A.E.
Director of Aviation
City of Palm Springs, Dept of Aviation
Palm Springs International Airport
760/318-3901
FAX 760/318-3815
RichardS(cr�.ci.palm-sprin_ s.ca.us
Section 5.1 No special insurance is required as set forth by Section 5.1(d).
I. TITLE 'VCASSURANCES
A. During the performance of this agreement,the Architect,for itself,its assignees and successors in
interest agrees as follows:
I. Compliance with Regulations. The Architect shall comply with the regulations
relative to nondiscrimination in Federally assisted programs of the Department of
Transportation(hereinafter"DOT")Title 49,Code of Federal Regulations,Part 21,
as they may be amended from time to time, (hereinafter referred to as the
"Regulations"),which are herein incorporated by reference and made a part of this
agreement.
2. Nondiscrimination. The Architect, with regard to the work performed by them
during the agreement, shall not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The Architect shall not
participate either directly or indirectly in the discrimination prohibited by Section
2.5 of the Regulations, including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts,Including Procurement of Materials and Equipment.
In all solicitations either by competitive bidding or negotiation made by the
Architect for work to be performed under subcontract, including procurement of
materials or leases of equipment,each potential subcontractor or supplier shall be
notified by the Architect of the Architect's obligations under this contract and the
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^C4</FORa�P City Council Staff Repo
DATE: July 26, 2006 CONSENT AGENDA
SUBJECT: AIRPORT LANDSCAPE ARCHITECTURAL SERVICES
FROM: David H. Ready, City Manager
BY: Department of Aviation
SUMMARY
It is recommended that the City Council approve a contract services agreement with
Michael Bucchino Associates to provide architectural services for landscaping, security
wall design, and canopy structures installation for the terminal garden courtyards and
walkways at the Airport, in the amount of$94,000.
RECOMMENDATION:
1. Approve Minute Order No. , approving an agreement for Landscaping
Architectural Services with Michael Bucchino Associates for the Airport
terminal courtyards for a cost of$94,000.
2. Authorize City Manager to execute all necessary documents.
STAFF ANALYSIS:
This action will allow for the preparation of design and construction documents and the
necessary approval documentation related to the proposed landscaping, security walls
and canopy structures for the Airport terminal expansion project. This action will
provide the City an alternative design and construction approach to the previously
approved designs for the security walls and canopy structures as well as revised
landscaping areas to accommodate both changes in funding as well as future
concession areas. Keeping cost at a minimum was the motivation behind the decision
to remove some of the design elements (i.e. landscaping, and canopies) from the initial
bid solicitation.
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fTEM NO. '� '�
City Council Staff Report
(July 26, 2006) — Page 2
(Architectural Services)
As a preface to the original construction plan approval it is beneficial to understand that
the design process and preparation of the construction plans were driven by FAA
funding directives. The airport revisited the overall project to better understand how to
complete the project as approved given the funding would occur over a longer period of
time than originally planned (3 years vs. 1 year). Staff recommendation and
subsequent Council approval to repackage the new Holdroom project consisted of
highlighting (clouding) those components that could wait for future funding and not
effect the main objective of the increasing terminal throughput capacity to meet current
and future passenger demands, replace the newly demolished old regional holdroom
and the eventual demolition of the temporary holdrooms. This decision resulted in
'clouding' of the originally approved plans as the preferred method in order to again
keep costs at a minimum.
The attached agreement will provide for the necessary design preparation and
construction documentation related to the modifications of the landscaping, security wall
and canopy required supporting the ongoing terminal expansion project.
As has been done on the recent projects for the Airport and in accordance with Council
direction, design progress meetings will be held with the Airport Commission, the
Architectural Review Committee and the City Council. This sub-committee proved
invaluable in moving the design along quickly and helped address the numerous design
elements and user concerns for the security checkpoint element of the overall capital
program.
This amendment will allow Michael Bucchino Associates to proceed with developing the
necessary project design and construction documentation to allow the project to
continue with an anticipated bid date by the end of September 2006. Actual construction
is anticipated to begin in March of 2007 and be complete by the summer of calendar
year 2007.
Michael Bucchino Associates is the Landscape Architect of Record for the landscaping
currently approved by the City Council. This sole source agreement will provide for the
redesign of garden landscaping with the additional task to address revised security wall,
walkway and canopy structures for architectural review committee and City Council
review and approval.
FISCAL IMPACT:
The work referenced within this amendment is eligible for reimbursement via Airport
Improvement Program (AIP) grant 38 from the Federal Aviation Administration (FAA),
which will cover 95% of the cost.
Sufficient funds are available in account no 415-6600-56062 AIP 38.
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City Council Staff Report
(July 26, 2006) — Page 3
(Architectural Services)
Name and Title of Dept. Director David H. Ready, it nager
Attachments:
Agreement
City Council Staff Report
(July 26, 2006) -- Page 4
(Architectural Services)
MINUTE ORDER NO.
APPROVING AWARD OF AGREEMENT BETWEEN THE CITY OF
PALM SPRINGS AND MICHAEL BUCCHINO ASSOCIATES FOR
LANDSCAPE ARCHITECTURAL SERVICES FOR TIIE PALM
SPRINGS INTERNATIONAL AIRPORT FOR AN AMOUNT OF
$94,000
I HEREBY CERTIFY that this Minute Order, approving award of a contract agreement
between the City of Palm Springs and Michael Bucchino Associates for Landscape
Architectural Services at the Palm Springs International Airport for an amount of$94,000
was adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 26'4 day of July, 2006.
JAMES THOMPSON
City Clerk
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CITY OF PALM SPRINGS
CONTRACT SERVICE AGREEMENT FOR
AIRPORT LANDSCAPE ARCHITECTURAL SERVICES
THIS CONTRACT SERVICES AGREEMENT (herein AAgreement_), is made and entered into this
day of 2006, by and between the CITY OF PALM SPRINGS, a municipal corporation,
(herein "City") and MICHAEL BUCCINO ASSOCIATES, (herein "Landscape Architect"). The term
Landscape Architect includes professionals performing in a consulting capacity.The parties hereto agree as
follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the
Landscape Architect shall provide those services in connection with the Palm Springs International Airport
Terminal Expansion ("Project"), as specified in the "Scope of Services"attached hereto as Exhibit"A"and
incorporate 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, Landscape Architect
represents and warrants that Landscape Architect is experienced in performing the work and services
contemplated herein and, that it can and will at all times perform hereunder in a first class, professional
manner, meaning that Landscape Architect's services shall be satisfied in accordance with standards of
practice recognized for architectural firms of similar size, quality, experience and expertise as Landscape
Architect, performing similar work under similar circumstances.
1.2 Architect's Proposal,The Scope of Service shall include the Architect's proposal which shall
be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency
between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.All services rendered hereunder shall be provided in accordance with
all 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 A Licenses, Permits, Fees and Assessments. Landscape Architect shall obtain at its sole cost
and expense such professional licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Landscape Architect shall have the sole obligation
to pay for any fees, assessments and taxes, plus applicable penalties and interest,which may be imposed
by law and arise from or are necessary for the Landscape Architect's performance of the services required
by this Agreement, and shall indemnify,defend and hold harmless City against any such fees, assessments,
taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Landscape Architect warrants that
Landscape Architect(a)has thoroughly investigated and considered the scope of services to be performed
(b) has carefully considered how the services should be performed and (c)fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement. If the services
involve work upon any site, Landscape Architect warrants that Landscape Architect has, orwill, investigate
the site and is or will be fully acquainted with the conditions there existing, prior to commencement of
services hereunder. Should the Landscape Architect discover any latent or unknown conditions,which will
materially affect the performance of the services hereunder, Landscape Architect shall immediately inform
the City of such fact and shall not proceed except at Landscape Architect's risk until written instructions are
received from the Contract Officer.
1.6 Care of Work. The Landscape Architect shall adopt reasonable methods in furnishing
Landscape Architect's work, materials, papers, documents, plans, studies and/or other instruments of
Landscape Architect's services to prevent losses or damages.
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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 outthe 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. No such extra work may be undertaken unless a written order is first given by the Contract Officer
to the Landscape Architect, incorporating therein any adjustment in (i) the compensation provided for at
Section 2.1 below, and/or(ii)the time to perform this Agreement,which said adjustments are subject to the
written approval of the Landscape Architect.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 eight(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 Landscape Architect that the provisions
of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably
contemplated therein. Landscape Architect hereby acknowledges thatthe services to be provided pursuant
to the Scope of Services may be more costly or time consuming than Landscape Architect anticipates and
that Landscape Architect shall not be entitled to additional compensation therefore.
1.9 Special Re uirements.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 Landscape
Architect shall be compensated in accordance with the "Schedule of Compensation" attached hereto as
Exhibit"C"and incorporated herein bythis reference. Compensation may include reimbursement for actual
and necessary expenditures for reproduction costs,telephone expense, transportation expense and other
expenses as approved by the Contract Officer in advance, or specified in the Schedule of Compensation.
The compensation referenced in the Schedule of compensation shall include the attendance of Landscape
Architect at all project meetings reasonably deemed necessary by the City; Landscape Architect shall not be
entitled to any additional compensation for attending said meetings.
2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of
Compensation, in any month in which Landscape Architect wishes to receive payment, no later than the first
(15r) working day of such month, Landscape Architect shall submit to the City in the form approved by the
City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as
provided in Section 7.3, City shall pay Landscape Architect for all expenses stated thereon which are
approved by City pursuant to this Agreement no later than the last working day of the month.
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3.0 PERFORMANCE SCHEDULE
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3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
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3.2 Schedule of Performance. Landscape Architect shall commence the services pursuant to
this Agreement upon receipt of a written notice to proceed and shall perform all services within the time
period(s)established in the project specific"Notice to Proceed"and/or"Schedule of Performance"attached
hereto as Exhibit"D", if any, and incorporated herein by this reference.When requested by the Landscape
Architect, extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer.
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 Landscape
Architect, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation,and/or acts of any governmental agency, including the City, if the Landscape Architect 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 Landscape Architect be entitled to recoverdamages against the
City for any delay in the performance of this Agreement, however caused, Landscape Architect's sole
remedy being extension of the Agreement pursuanfto this Section, and recovery of actual costs incurred by
such delay. In no event will Landscape Architect entitled to recover consequential damages as a result of
such delay.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding two (2)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").
4.0 COORDINATION OF WORK
4.1 Representative of Landscape Architect. The following employees of Landscape Architect
are hereby designated as being the representative of Landscape Architect authorized to act in its behalf with
respect to the work specified herein and make all decisions in connection therewith.-
Michael Buccino
Michael Buccino Associates
77-734 Country Club Drive, Suite*A-3
Palm Desert, CA 92211
Phone: (760) 772-7166
Fax. (760) 772-7168
desi4n(8,mbuccino.com
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing
employees were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing
employees shall be responsible, during the term of this Agreement,for directing all activities of Landscape
Architectural Services and devoting sufficient time to personally supervise the services hereunder.
4.2 Contract Officer. The Contract Officer shall be such person as maybe designated by the
City Manager of City. It shall be the Landscape Architect's responsibility to assure that the Contract Officer
is kept informed of the progress of the performance of the services and the Landscape Architect shall refer
any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer
shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.3 Prohibition Against Subcontracting or Assignment.The experience, knowledge, capability
and reputation of Landscape Architect, its principals and employees were a substantial inducement for the
City to enter into this Agreement.Therefore, Landscape Architect shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express written approval of the City.
In addition, neither this Agreement nor any interest herein may be-transferred, assigned, conveyed,
hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or
otherwise,without the prior written approval of City. In the event of any such unapproved transfer, including
any bankruptcy proceeding, this Agreement shall be subject to the provisions of Section 7.9 below. No
approved transfer shall release the Landscape Architect or any surety of Landscape Architect of any liability
hereunder without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located
within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or
entities with offices located in the Coachella Valley.
4.4 Independent Landscape Architect. Neitherthe City nor any of its employees shall have any
control over the manner, mode or means by which Landscape Architect, its agents or employees, perform
the services required herein, except as otherwise set forth herein. City shall have no voice in the selection,
discharge,supervision or control of Landscape Architect's employees, servants, representatives or agents,
or in fixing their number, compensation or hours of service. Landscape Architect shall perform all services
required herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractorwith only such obligations as are consistent with that role. Landscape Architect shall
not at any time or in any manner represent that it or any of its agents or employees are agents oremployees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of Landscape
Architect in its business or otherwise or a joint venture,or a member of anyjoint enterprise with Landscape
Architect. '
6.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Landscape Architect shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire teFm of this Agreement including any
extension thereof, the following policies of insurance:
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(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 three million
($3,000,000)dollars bodily injury and property damage including coverage's 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 endorsement form 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 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 Landscape Architect shall, priorto
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 Landscape Architect
has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders
evidencing the above insurance coverage's and said Certificates of Insurance, endorsements, or binders
are approved by the City.
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 Architect, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or
omissions of Architect hereunder, or arising from Architects's negligent performance of orfailure to perform
any term, provision, covenant or condition of this Agreement,whether or not there is concurrent passive or
active negligence on the part of the City, its officers, agents or employees but excluding such claims or
liabilities arising from the negligence orwillful misconduct of the City, its officers, agents oremployees,who
are directly responsible to the City, and in connection therewith-
(a) Architect 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) Atchitect will promptly pay anyjudgment rendered againstthe 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 Architect hereunder; and Architect agrees to
save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents cr employees are made a party to any action
or proceeding filed or prosecuted against Architect 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
Architect hereunder,Architect agrees to pay to the City, its officers, agents or employees, any and all costs
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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 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be
satisfactory only if issued by companies qualified to do business in California, rated"A"or better in the most
recent edition of Best'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 Architect agrees that the minimum limits of the insurance policies and
the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice
from the City Manager or designee. In the event of such an increase in the required coverage,the City shall
provide reasonable reimbursement to the Architect for its actual costs of any increased premiums.
6.0 REPORTS AND RECORDS
6.1 Reports.Architect shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer shall require.
Architect agrees that if Arcitect becomes aware of any facts, circumstances,techniques, or events that may
orwiH materially increase or decrease the cost of.the work Architect shall promptly notify the Contract Officer
of said fact.
62 Records. Architect shall keep, and require any subcontractor to keep, such books and
records as shall be necessary to perform the services required by this Agreement and enable the Contract
Officerto 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 Arcitect, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or
upon the termination of this Agreement.Architect 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 Architect will be at the Citys sole risk and without
liability to Architect, and the City shall indemnify the Architect for all damages resulting therefrom.Architect
may retain copies of such documents for its own use--Architect 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 Architect fails to secure such assignment, Architect shall
indemnify City for all damages resulting therefrom.
6.4 Release of Documents.The drawings,specifications, reports,records, documents and other
materials prepared by Architect in the performance of services under this Agreement shall not be released
publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 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.Architect
covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
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7.2 Disputes. In the event of any dispute arising under this Agreement,the injured party shall
notify the injuring party, in writing, of its contentions by submitting a claim therefor. The injured party shall
continue performing its obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such default within forty-five (45)
days after service of the notice, or such longer period as may be permitted by the injured party; provided
that if the default is an immediate danger to the health, safety and general welfare, such immediate action
may be necessary. Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver
of any party's right to take legal action in the event that,the dispute is not cured, provided that nothing herein
shall limit City's or the Architect's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds.Architect hereby authorizes City to deduct from any amount payable to
Architect(i) any amounts the payment of which may be in dispute hereunder, and (ii) all amounts forwhich
City may be liable to third parties by reason of Architect's negligent acts or omissions underthis Agreement.
In the event that any claim, as a result of Arcitect's negligence, is made by a third party, the amount or
validity of which is disputed by Architect, 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 Architect to
insure, indemnify, and protect City as elsewhere provided herein. The amount of such funds retained shall
in no event exceed Architect's maximum compensation amount under the Schedule of Compensation, as
set forth at Exhibit "C".
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 approval of any subsequent act.Any waiver by either
party of any default must be in writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the
exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, atthe
same or different times,of any other rights or remedies forthe same default or any other default bythe other
party.
7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action,
in law or in equity, to cure, correct or remedy any'default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other
remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any delay in
performance of this Agreement would be extremely difficult or impractical to determine in the event of a
breach of this Agreement,the Architect and its sureties shall be liable for and shall pay to the City liquidated
damages as specified in the Schedule of Performance(Exhibit"C").The City maywithhold from any monies
payable on account of services performed by the'Architect any accrued liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this
Agreement except as specifically provided in the following Section for termination for cause. The City
reserves the right to terminate this Agreement at'any time, with or without cause, upon thirty (30) days
written notice to Architect, except that where termination is due to the fault of the Architect, the period of
notice may be such shorter time as may be determined by the Contract Officer. In addition, the Architect
reserves the right to terminate this Agreement at any time, 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
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such shorter time as the Architect may determine.tUpon receipt of any notice of termination,Architect shall
immediately cease all services hereunder except as may be specifically approved by the Contract Officer.
Except where the Architect has initiated termination, the Architect shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services authorized by
the Contract Officer thereafter in accordance with the Schedule of Compensation or as may be approved by
the Contract Officer, except as provided in Section 7.3. In the event the Architect has initiated termination,
the Architect shall be entitled to compensation only for the reasonable value of the work product actually
produced hereunder. In the event of termination without cause pursuant to this Section, the terminating
party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Architect. If termination is due to the failure of the Architect to
fulfill its obligations under this Agreement,City may,after compliance with the provisions of Section 7.2,take
over the work and prosecute the same to completion by contract or otherwise, and the Architect shall be
liable to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Architect for the purpose of set-off or partial payment
of the amounts owed the City as previously Stated.
3.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be
personally liable to the Architect, or any successor in Interest, in the event of any default or breach by the
City or for any amount which may become due to the Architect or to its successor, or for breach of any
obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct
or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to
the Agreement which effects his financial interest orthe financial Interest of any corporation, partnership or
association in which he is directly or indirectly;interested in violation of any State statute or regulation.The
Architect warrants that it has not paid orgiven and Will not pay or give any third party any money or other
consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Architect covenants that, by and for itself, its heirs,
executors, assigns, and all persons claiming under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on account of race, color, creed, religion, sex,
marital status, national origin, or ancestry in the performance of this Agreement. Architect shall take
affirmative action to ensure 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 attention of the Contract Officer,
CITY OF PALM SPRINGS, Department of Aviation, Palm Springs International Airport, 3400 E Tahquitz
Canyon Way, Suite OFC, Palm Springs, California 92262. In the case of the Architect, 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.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the
g.
meaning of the language used and shall not be construed for or against either party by reason of the
authorship of this Agreement or any other rule of construction which might otherwise apply.
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 5eyerability- 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.
[SIGNATURE PAGE FOLLOWS]
N:vAgreementskEnglneering\PamonstParsons CM Agreement FINAL.wpd
9
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first
written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: Check one:_Individual_Partnership_Corporation
Corporations require two notarized signatures:One from each of the following.A.Chairman of Board,President,or any Vice President:AND S.
Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
By: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
State of State of —
County of -ss County of ===ss
On _ _ before me, On before
me,
(personally appeared personally appeared
personally personally
known to me(or proved to me on the basis of satisfactory known to me(or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are evidence) to be the person(s) whose name(s) Were
subscribed to the within instrument and acknowledged to subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their me that he/she/they executed the same in hislher/their
authorized capacity(ies), and that by his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s),orthe entity signature(s)on the instrument the person(s),or the entity
upon behalf of which the person(s) acted, executed the upon behalf of which the person(s) acted, executed the
instrument. instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal,
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E,XHE3E7 "A"
SPECML REQLHRE-:'18EN7S
Section 4.2 The Contract Officer for this agreement is hereby designated as the following.
Richard S Walsh, A.A.E.
Director of Aviation
City of Palm Springs, Dept of Aviation
Palm Springs International Airport
760/318-3901
FAX 760/318-3815
RichardS(cbci,pal m-springs.ca.us
Section 5.1 No special Insurance is required as set forth by Section 5.1(d).
I. TITLE VI ASSURANCES
A. During the performance of this agreement,the Architect,for itself,its assignees and successors in
interest agrees as follows:
1. Compliance with Regulations. The Architect shall comply with the regulations
relative to nondiscrimination in Federally assisted programs of the Department oC
Transportation(hereinafter"DOT")Title 49, Code of Federal Regulations,Part 21,
as they may be amended from time to time, (hereinafter referred to as the
"Regulations"),which are herein incorporated by reference and made a part of this
agreement.
2. Nondiscrimination. The Architect, with regard to the work performed by them
during the agreement, shall not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The Architect shall not
participate either directly or indirectly in the discrimination prohibited by Section
2.5 of the Regulations,including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts.Including Procurement of Materials and Equipment.
In all solicitations either by competitive bidding or negotiation made by the
Architect for work to be performed under subcontract, including procurement of
materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the Architect of the Architect's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race,color,or national
origin.
ll
SPE-=L REQU EMENTS
4. Information and Reports. The Architect shall provide all information and reports
required by the Regulations or directives issued pursuant thereto and shall permit
access to its books,records,accounts,other sources of information,and its facilities
as may be determined by the City or the Federal Aviation Administration(FAA)to
be pertinent to ascertain compliance with such Regulations, orders, and
instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information,the Architect
shall so certify to the City or the FAA, as appropriate, and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance, In the event of the Architect's noncompliance with
the nondiscrimination provisions of this agreement, the City shall impose such
contract sanctions as it or the FAA may determine to be appropriate,including,but
not limited to withholding of payments to the contractor under the contract until the
contractor coamrplies.
I. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES
A_ It is the policy of the Department of Transportation (DOT)that minority business enterprises as
defined in 49 CFR Part 23 shalh have the maximum opportunity to participate in the performance
of contracts and subcontracts financed in whole or in part with Federal funds nunder this
agreement. Consequently, the MBE requirements of 49 CFR Part 23 applies to this agreement.
B. The Architect agrees to ensnare that minority business enterprises as defined in 49 CFR Part 23
have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided under this agreement. In this regard,all
contractors shall take all necessary and-reasonable steps in accordance with 49 CFR Pant 23 to
ensure that minority business enterprises have the maximum opportunity to compete for and
perform contracts. Contractors shall hot discriminate on the basis of race,color,or national origin,
or sex in the award and performance of DOT assigned contracts.
II. CITY'S RESPONSIBILITIES
A. The City shall make available to the Construction Manager all technical data that is in the City=s
possession including maps,surveys,property descriptions,borings,and other information required
by the Construction Manager and related to his work.
13. The City agrees to cooperate with the Architect in the approval of all plans and specifications, or
should they disapprove of any part o Fsaid plans and specifications,shall make a decision timely in
order that no undue expense will be accrue to the Architect because of lack of decisions-
C. The City shall pay publishing costs for advertisements of notices,public hearings,requests for bids,
and other similar items; shall pay for all petfaits and licenses that may be required by local,state,or
Federal authorities; and shall secure the necessary land, easements,rights-of-way required for the
project.
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X .9MT "A"
SFZCr AL REQUiCr-EhlZ-N e S
III. LANDSCAPE ARCHITECT'S RESPONSI131LITIIES
A. The City and the FAA or any oFtheir duly authorized representatives shall have access to any
books, documents,papers, and all other records which are directly related to this project(s) for the
purpose of malting audit, examination, excerpts, mid transcriptions.
B. The Arcbitect agrees to comply with Federal Executive Order No. 11246, entitled, "Equal
Employment Opportunity",as supplemented in Department of Labor Regulations(41 CFR,Part 60)
if this"agreement"exceeds$10,000' Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act(40 USC 317-330)as supplemented by Department of Labor Regulations(29 CFR,
Part 5) if this "agreement exceeds" $25,000; and all applicable standards, orders, and regulations
issued pursuant to the Clean Air Act of 1970 if this Aagreement exceeds S 100,000.
IV, AVIATION SECURITY
A. Prior to being granted access to certain secured areas of the Airport,the Construction Manager and
all associated sub-consultants shall successfully complete a fingerprint based Criminal History
Records Check(CHRC)in accordance with 49 CFR 1542.209 and/or the Airport Security Program
(ASP).
B. All violations of Airport security are'also violations of the City of Palm Springs Municipal Code
11.33.052. Any such violation may result in arrest,the issuance of a citation and/or the immediate
revocation of access privileges.
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SCOPE OF SERVOCES
This agreement shall be for Landscape Architectural services at the Pahn Springs International Airport for
the Terminal Expansion Project(Part 2)specific to the exterior courtyards to include Landscaping,Security
Walls, and Canopy coverage related to the outside courtyards and walkways for the airport terminal
expansion project..A detailed scope of services,included in this agreement or in the form of an amendment
to this agreement, shall be prepared and agreed to by the parties prior to the commencement of any work.
NOW, TIIEREFORE, the parties hereto agree as follows:
LANDSCAPE ARCHITECTURAL SERVICES:
Task I —Design development and construction documentation of exterior courtyards.
Sub-Task a: Development of construction improvements for an exterior courtyard and
comnection walkway,to include security walls and canopy coverage, including,
concept approvals, design development, and construction documents and
specifications.
• Re-Design and Construction Documents for Landscaping of exterior courtyard
between Bono concourse and existing terminal and courtyard for new regional
holdroom.
• Re-Design and Construction Docuunents for security walls between existing
walkway and new regional terminal and courtyard and the courtyard between
Bono concourse and existing tenninal.
• Re-Design and Construction Documents for canopies and signage in exterior
courtyard between Bono concourse and existing terminal and walkway and
courtyard for new regional holdroom.
DELIVEItA13LES: Architect and associated sub-consultants to provide full
range of services necessary to complete bid documents for the Palm Springs
International Airport Passenger Courtyard Expansion.
• Design Development: All disciplines necessary for construction of the
buildings and surrounding landscape. Scope includes all necessary
coordination with the fabric roof supplier.
• Construction Documents: Preparation of necessary project plans and
specifications in City bid documents format and for plan check submission
and approval.
Task 2—Construction Administration Services for'Landscapiag tasks, security wall, connection
walkway and canopy coverage-
Sub-Task a: Construction support for landscape improvements for courtyard enhancements,
connection walkway, security wall and canopies for construction plans and
specifications. Support including concept approvals, design development,
14
EXH0 r "B„
SCOPE OF SEMACES
construction documents and specifications, bidding and construction
administration.
• Re-Design and Construction Documents or Landscaping of exterior courtyard
for new regional holdroom.
• Modifications to existing, security walls, walkways and roof canopies to
accommodate new construction.
• Addition of an exterior, covered walkway that extends from the new Security
Expansion area to the new south hold room area and adjacent landscape
tbetein.
• Re-Desig i and Construction Documents Cor Landscaping of exterior courtyard
between Bono concourse and existing terminal
• Re-Design and Construction Documents for security walls and canopies and
signage in exterior courtyard between Bono concourse and existing terminal
DELIVERABLES: Architect and associated sub-consultants to provide full
range of services necessary to support the Construction for the Palm Springs
International Airport Terminal Expansion, Landscaping, Courtyard Modifications.
■ Permit Application
• Construction Administration services:
o Perform periodic site visits & attend construction meetings.
o Provide written and/or graphic interpretations and clarifications of the
Construction Documents (RFI's)
o Facilitate communication between Design Team, Owner, Construction
Manager and Contractor.
o Issue Bulletins to, authorize minor changes in the Work, issue
supplemental instructions, con firm Field Orders or request proposals
for changes in Work
o Review Submittals including Samples, Product Data, Shop drawings
and other submittals.
o Preparation'of Change Order documentation, as required, for Owner
review and approval.
o Conduct field review and develop puncb list of outstanding items in
conjunction with Owner and Construction manager.
o Issue Certificate of Substantial Completion.
o Conduct field review for Final Completion and Project Close-out-
TASK ASSIGNMENT CLARIFICATIONS:
I. Interior Garden Court Area
a. Zone 1A — North Half
i. This space shall be left as it presently exists.
15
SCOPE OF SE!:VME5
ii. Lawn and irrigation shall be added to the area from where the existing
holdroom is removed.
b. Zone 1 — South Half
i. Add concession area for future building.
ii. Add adjacent outdoor seating area for future concession building.
iii. Add temporary walkways to the existing walkway paving.
iv. Add new planting to accommodate these & future improvements-
v. Locate and provide all necessary stub outs for power, water, gas, sewer,
and drainage.
vi. Add Quasar moveable canopy shade structures to this area.
vii. Provide pedestrian and landscape lighting for this area.
*Alternate A scope of work for Zone 1 & Zone 1A
c. The pond would be removed but stub outs installed for the future.
d. The concession building and outdoor sitting area will be part of this plan.
e. Quasar moveable shade structures will be added into the entire garden court
area.
f. The planting, irrigation, and lighting will be revised to accommodate these
revisions.
II. (Pedestrian Walkway to Remote Holdroom and Garden Zone 2 & 3.
a. The security wall will be moved to the northernmost edge of the planting along
the north side of the walkway. New security wall shall be designed and
specifications given for construction.
b. Pedestrian lighting shall be added to accommodate the pedestrian walkway.
c. The planting and irrigation shall be revised to accommodate the new wall
location.
d. Landscape lighting shall be revised to accommodate the new planting design.
e. Add Quasar moveable shade structures along pedestrian walkway.
f. Provide stub outs for future fire sprinklers in this area.
*There are no alternate plans needed for the pedestrian walkway area.
16
�nG7pC,`o ••��,
SCOPE OF SERVv CCS
III. Remote Holdroom, Restroom & Garden Court Area Zone 3
a. Provide paving adjacent to concession building for outdoor eating and sifting.
b. Develop new concession area for future concession building installation in south
half of garden court.
c. Temporary paving and lawn shall be added to the northern half of the garden
court.
d. The landscape shall be revised in the southern half of the courtyard to
accommodate the proposed concession building.
e. The landscape shall be revised in the northern half to accommodate temporary
lawn area and paving redesign.
f. The landscape between the building faces and the paving shall be installed as
presently designed.
g. Pedestrian lighting and landscape lighting shall be revised as necessary.
h. Proposed water feature shall be revised as necessary.
i. Quasar moveable shade structures shall be located in the garden court area.
*Alternate B scope o work for Zone 3
Landscape plans shall be.pre pared showing the total paving for this area. The
water feature shall be built as part of this alternate.
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I--X JdS tl 1 C"
SCMEDULC OF OOHPENS5' 7 0\9
IIOURLY RATES AND BILLING PROCEDURES
I. Reimbursable Costs:
A. Costs incurred must be consistent with the Federal cost principles contained in
48 CFR, Part 31, to be reimbursable under an airport planning or development
grant. These costs have been estimated and included in the lump sum payment.
II. Labor rates:
A. Should it be necessary to perform services outside the scope of this contract,
these services will be rendered upon your request in accordance. Listed Rates
are inclusive of direct salary costs, labor overhead, general and administrative
costs, direct nonsalary expenses and profit.
B. Billing rates:
Landscape Architect Principal's rate..........................................$175.00/hr
Landscape Architects Assistant's rate. ....................................$ 85.00/hr
Secretarial rate .................... ..........................................$ 35.00/hr
III. Lump Sum Compensation:
A. Design Phase... ..................... .............................$21,500
B. Construction Documents................................................... $43,000
C. Project Construction (CA Support)....................................... JZ2 000
TOTAL COMPENSATION: $94,000
IV. Each phase will be a lump sum, not to exceed $94,000. Actual compensation
shall be based on hours worked times the hourly rate, but not exceeding the
$94,000. Architect shall submit invoices monthly based on the percentage
completion of work for reimbursement.
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Hr�9ao T "D"
SCHEDULE
SCHEDULE:
1. The services contemplated in this Agreement and assigned to the Landscape
Architect to complete shall commence within 10 days from the `Notice to
Proceed' date and shall be completed based upon the time lines mutually agreed
upon between the City and the Architect. Preparation of design and construction
documents and completion of the above scope of services tasks shall be as
noted below, effective per the NTP date:
a. Design Phase— 5 weeks
b. City Approval — 3 weeks
c. Construction Documents Phase— 6 weeks
d. City Approval — 3 weeks
e. Construction Administration -- 6 months or Final Completion of the Work.
2. Progress payments shall be made as invoiced by the Architect and shall be
based on the percentage completion of services provided.
19