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CONSENT CALENDAR
DATE: February 20, 2013
SUBJECT: SKATE PARK OPERATIONS AND MANAGEMENT FACILITY-P-ROJECT
UPDATE; APPROVAL OF AN ESTIMATED COMPREHENSIVE SKATE
PARK PROJECT BUDGET AND ADOPTION OF A RESOLUTION
AMENDING THE CITY FISCAL YEAR 2012/13 BUDGET; APPROVAL OF
AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT
NO. A6272 WITH INTERACTIVE DESIGN CORPORATION FOR THE
FINAL DESIGN DRAWINGS FOR THE EXTERIOR AND INTERIOR OF
THE NEW FACILITY
FROM: David H. Ready, Esq., Ph.D., City Manager
BY: Parks & Recreation Department
SUMMARY
On October 19, 2011, the City Council approved a five-year agreement with Action Park
Alliance, Inc., to operate and manage the Palm Springs Skate Park. Contracting with
Action Park Alliance, Inc. provides for a comprehensive operating program for the Skate
Park, along with experienced daily management which will address a number of
operating and program issues which have significantly hampered the community s use
and enjoyment of the facility.
With the execution of the contract with Action Park Alliance, Inc., the City committed to
provide an Operations and Management Facility at the Skate Park. Staff secured a
modular structure to serve as the new facility.
On October 17, 2012, the City Council approved the architectural Concept Design for
the new Skate Park facility prepared by architect Reuel Young of the firm Interactive
Design Corporation.
On December 19, 2012, the City Council awarded the contract for the site
improvements to Simon Contracting which will begin work on March 4, 2013. Simon
Contracting's work along with the installation of the modular building on the site by G &
M Construction is projected to be complete by May 1, 2013, at which time the work on
the exterior and interior of the modular can begin with a projected total project
completion date of June 15, 2013.
ITEM NO.
Skate Park Operations and Management Facility Project Update
February 20, 2013
Page 2
Staff requests approval of an estimated comprehensive Skate Park Operations and
Management Facility Project budget and adoption of a Resolution amending the City's
Fiscal Year 2012/13 budget, along with Amendment No. 1 to the Consulting Services
Agreement No. A6272 with Interactive Design for the design drawings for the exterior
and interior of the new Skate Park facility.
RECOMMENDATION:
1) Approve the estimated comprehensive budget for the new Skate Park Operations
and Management Facility Project in the total amount of$750,000.
2) Adopt Resolution No. , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR
FISCAL YEAR 2012113 FOR THE SKATE PARK OPERATIONS AND
MANAGEMENT FACILITY PROJECT.
3) Approve Amendment No. 1 to Agreement No. A6272 with Interactive Design
Corporation in the amount of$30,100 for a total cost of$54,400 for the design of
the Skate Park Operations and Management Facility.
4) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Since October 17, 2012, when the City Council approved the architectural Concept
Design for the new Skate Park Operations and Management Facility, staff and project
consultants have been able to prepare an estimated comprehensive Project Budget:
- Cost for Modular Building (Rael) $75,000
- Architectural Design Services $54,400
(Interactive Design)
- Site Engineering Services $52,000
(Engineering Resources)
- Site Construction (Simon Contracting) $140,000
- Modular Building Move and Installation $13,000
(G & M Construction)
- Cost Estimate for Modular Exterior and $350,000
Interior(Interactive Design estimate)
02
Skate Park Operations and Management Facility Project Update
February 20, 2013
Page 3
Project Contingency(approximately 9%) $65,000
TOTAL PROJECTED PROJECT COST $750,000
The current Fiscal Year 2012113 City budget has an initial project allocation from
Quimby Funds of$200,000. Staff requests that the Fiscal Year 2012/13 City budget be
amended to provide $650,000 estimated to be needed to complete the funding of the
project.
In addition, staff requests that the City Council approve an amendment to the
Consulting Services Agreement with Interactive Design Corporation to provide for the
plans and specifications needed in order to bid for the construction of the exterior and
interior improvements for the modular. The cost for these final services by Interactive
Design is $30,100. The detail and specification of the work is set forth in Attachment A.
Upon approval, the total costs for architectural and design services by Interactive
Design Corporation is $54,400.
FISCAL IMPACT:
Funding for the Skate Park Operations and Management Facility is available through
Quimby Fund which has a current unallocated fund balance of more than $2 million.
. ' �-
David H. Ready, Esq., . ., City Manager Thomas J. Wi on, Asst. City Manager
Imes Thompson, City Clerk
Attachment: Proposal for Consultant's Services
03
FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
For
Skate Park Architectural Services
(Interactive Design Corporation and City of Palm Springs)
THIS FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
("Amendment') is made by and between INTERACTIVE DESIGN CORPORATION, a
California corporation ("Consultant'), and CITY OF PALM SPRINGS, a charter city
and a municipal corporation ("City"), as of February 20, 2013, and amends that certain
Contract Services Agreement dated as of July 24, 2012, by and between Consultant
and City ("Agreement'). All terms defined in the Agreement shall have the same
meaning when used herein.
RECITALS
A. Consultant has agreed to provide to City and City has agreed to purchase
from Consultant the Services which are the subject of the Agreement.
B. Consultant and City now mutually desire to amend the Agreement as set
forth below.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein
and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Consultant and City mutually agree to amend the Agreement as
follows:
AGREEMENT
1. Sentence 2 of Section 3.1 of the Agreement shall be replaced in its
entirety and amended to read as follows:
The total amount of compensation for the Project Services shall not
exceed Fifty-four thousand, four hundred dollars ($54,400).
2. Attachment A, Proposal for Architectural Services, attached hereto and
incorporated herein, is hereby appended to Attachment A of the Agreement.
3. Except as expressly provided herein, all other terms and conditions of the
Agreement shall remain in full force and effect.
[SIGNATURES ON NEXT PAGE]
Interactive Design Corporation
First Amendment Page 1 of 2 04
IN WITNESS WHEREOF, Consultant and City have executed this Amendment
as of the date first written above.
"Consultant"
INTERACTIVE DESIGN CORPORATION, a California corporation
By:
Reuel Young, AIA, President
"City"
CITY OF PALM SPRINGS, a charter city and a municipal corporation
BY:
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
Approved as to form by:
WOODRUFF, SPRADLIN & SMART
DOUGLAS C. HOLLAND, City Attorney
Interactive Design Corporation
First Amendment Page 2 of 2 05
ATTACHMENT A
PROPOSAL FOR CONSULTANTS' SERVICES
PALM SPRINGS CITY SKATE PARK
ENTRANCE AND MODULAR UPGRADE
JANUARY 22, 2013
This proposal represents the necessary consultants participation and coordination for the
completion of the Design Services for the PALM SPRINGS CITY SKATE PARK ENTRANCE
and MODULAR UPGRADE PROPOSAL dated 25JUN 12 Proposal.
1. PROJECT DESCRIPTION — MODULAR/ENTRANCE
a. Reconfigure southerly terminus of Pavilion Way, reconfigure hardscape and
utilities from Pavilion Way to Skate Park, install existing modular building (40' x
60'), improve exterior treatment and building elevations to enhance the
appearance of the building, improve interior of modular to meet requirements of
Park operator, and re-landscape immediate surroundings.
2. PROJECT ADMINISTRATION & REVIEW
a. City Representative and Project Manager: Vicki Oltean
b. City Review Committee: Councilmember Mills, Thomas Wilson, Vicki Oltean
c. Tenant Improvement Design Review: Vicki Oltean, Mark Lau
d. Building Inspection: City of Palm Springs, Terry Tatum
3. INFORMATION, APPROVALS AND MATERIALS (from CLIENT)
a. Contract Documents for off-site improvements, and any updates or changes to
the contract to construct
b. Construction documents of existing modular.
c. Off- and on-site existing utility conditions.
d. Off- and on-site utility re-routing design.
e. All point of connections to the modular will be designed on the West side of the
modular. City is responsible to bring the utility lines to this location.
f. Inspection and approval by Agency Having Authority of structural system of
existing modulars, and of connection and anchorage of modulars to in-ground
foundation and retaining systems. Approvals necessary prior to start of remodel.
g. Park operator specifications for food service equipment, display cases and other
proprietary furnishings.
IDC 1265.1 PS Skate Park I I Page
08
4. CONSULTANT TEAM
a. ARCHITECT: Interactive Design Corporation
b. CONSULTANTS:
i. STRUCTURAL: Tang Structural Engineering
ii. MECHANICAL/PLUMBING: EquitySpec Consulting Engineers, Inc.
iii. ELECTRICAL: Bentsen/HUI Engineering
iv. LANDSCAPE: Hermann @ Assoc.
5. EXCLUSIONS
a. Civil engineering; grading and wet utilities
b. Dry utility relocation and/or design
c. Retrofit or remediation of existing structure. If above mentioned inspections
require retrofit or remedial work, the design and documents necessary for such
work shall be an additional service.
d. Design of surveillance and security system.
e. Design of fire alarm system.
f. Interior furnishings as required for Park operator.
6. SCOPE OF SERVICES
a. CONSTRUCTION DOCUMENTS
i. Structural —The existing structure will be inspected by the Agency
Having Authority for compliance with appropriate Codes and all remedial
work required to bring the existing structure into compliance is NOT
included in this contract.
ii. Structural - Services included in this contract are:
I. Entry ramp
2. Review attachments of new furred walls to existing structure
3. Details to reduce or close existing openings and details for new
openings within allowable limits in existing shear walls.
4. Detail for skylight framing.
5. Provide steel canopy engineering and details.
iii. Mechanical/Plumbing—
I. Design for re-configuring existing duct work and add new
ductwork as necessary to accommodate two new ground-mount
heart pumps.
2. Calculate, design and specify new HVAC system, equipment, and
controls.
3. Design plumbing for water and waste to restrooms and food
service equipment.
4. Prepare T-24 calculations.
IDC 1205.1 PS Skate Park 2 1 P a g e
07
iv. Electrical —
I. Calculate new electrical demand, and design service entry and
panel.
2. Design lighting and power for the new entry and egress.
3. Design lighting and power for retail and public areas.
4. Design lighting and power to two restrooms within the existing
ceilingtroof space.
S. Re-circuit as required the power distribution and lighting systems
to accommodate the change of use.
6. Design power for HVAC system.
7. Design power and data for Client-designed and provided video
surveillance cameras and controls.
8. Design exterior lighting for security, landscape areas and building.
9. Design data and cable wiring and outlets.
10. Provide power for computer station at sales/check counter in
center of modular.
v. Landscape—
1. Landscape and irrigation plans.
2. Exterior lighting (location and type only)
b. BIDDING & CONSTRUCTION ADMINISTRATION
i. Provide support services as requested by Client for technical
specifications and questions from the bidders during Bidding.
ii. Participate in pre-bid and pre-construction meetings.
iii. Review and process submittals and change orders.
iv. Attend weekly on-site meetings.
v. Respond to RFI's and provide clarification documents as needed.
vi. Respond to Client representative requests for additional support.
7. SCHEDULE
a. Submit documents for plan review no later than 45 days after contract approval.
8. COMPENSATION
a. Under existing Contract dated 24JUL12, compensation of Twenty Four
Thousand Three Hundred Dollars $24,300 (not to exceed), funds remaining are
for.
i. Construction Docs, for Architecture only $8,000
ii. Construction Administration, for Architecture only $6,000
Sub-total remaining for existing Contract $14,000
IDC 1205.I PS Skate Park 3 1 P a g e
08
b. Under Contract Amendment, Construction Documents and Bidding fixed fee of
Twenty Five Thousand One Hundred Dollars ($25,100) includes:
i. Project Coordination $5,800
ii. As-built Plans 2,400
iii. Structural Engineer 5,500
iv. Mechanical/Plumbing Engineer 4,350
v. Electrical Engineer 3,000
vi. Landscape Architect 4,050
Sub-total for CD and Bid Phases $25,100
c. Under Contract Amendment Construction Observation hourly not to exceed
Three Thousand Dollars ($3,000) includes:
i. All Consultants $3,000
d. Reimbursable
i. Allowance of Two Thousand Dollars ($2,000) to be billed at 1.10 times
cost to Consultant. $2,000
Total compensation, under Contract Amendment
not to exceed $30,100
Reuel Young, AIA,
President, Interactive Design Corporation
IDC 1205.1 PS Skate Park 4 1 P a g e
09
, h
CONSULTING SERVICES AGREEMENT
Palm Springs Skate Park
THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and
entered into on July 24, 2012, by and between the City of Palm Springs, a California charter city
and 'municipal corporation ("City"), and Interactive Design Corporation, a California
corporation, ("Consultant"). City and Consultant are individually referred to as "Party" and are
collectively referred to as the"Parties".
RECITALS
A. City requires the services of a architectural firm to prepare plans for the upgrade
of the City s existing Skate Park located at the City's Sunrise Park. ("Project Services").
B. Consultant has submitted to City a proposal to provide Project Services to City
under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified and desires to provide the necessary architectural services to City for the Project
Services.
D. City desires to retain the services of Consultant for the Project Services.
In consideration of these promises and mutual agreements, City and Consultant agree as
follows:
AGREEMENT
1. Consultant SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall furnish necessary professional and technical services to accomplish
those project elements outlined in the Proposal for Architectural Services, dated June 25, 2012,
attached to this Agreement as "Attachment A" ("Project Services"). The work performed by
Consultant under this Agreement will be performed with the degree of skill, care, and diligence
normally employed by professionals performing the same or similar services at the time
Consultant and its subcontractors' services are performed.
1.2 Compliance with Law. Consultant services rendered under this Agreement shall
comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful
orders,Hiles, and regulations.
13 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
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720599.1 - - ORIGINAL 61U
AND(OR AGREEMENT
10
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that
it has carefully considered how the work should be performed and fully understands the
facilities,difficulties, and restrictions attending performance of the work under this Agreement.
2. T1ME FOR COMPLETION
The time for completion of the services to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement. Consultant shall not be accountable for delays in the progress of its work caused by
any condition beyond its control and without the fault or negligence of Consultant. Delays shall
not entitle Consultant to any additional compensation regardless of the party responsible for the
delay.
3. COMPENSATION OF Consultant
3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed
for the services rendered under this Agreement in accordance with the schedule of fees set forth
in Attachment"A". The total amount of compensation for the Project Services shall not exceed
Twenty Four Thousand, Three Hundred Dollars $24,300.00. Consultant acknowledges that it
accepts the risk that the services identified in the Project Services may be more costly and/or
time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional
compensation therefore, and thatt the provisions of Section 3.3 shall not be applicable to the
services identified in the Project Services. The maximum amount of City's payment obligation
under this section is the amount specified herein. If the City's maximum payment obligation is
reached before the Project Services under this Agreement are completed, Consultant shall
nevertheless complete the Project Services without liability on the City's part for further
payment beyond the maximum amount provided in this Section 3.1.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall submit to City an invoice for services rendered prior to the date of the
invoice, no later than the first working day of such month, in the form approved by City's
Finance Director. City shall pay Consultant for all expenses stated in the invoice that are
approved by City and consistent with this Agreement, within thirty (30) days of receipt of
Consultant's invoice.
l3.3 Changes. In the event any change or changes in the Project Services requested
by City, Parties shall execute a written amendment to this Agreement, specifying all proposed
amendments, including,but of limited to, any additional fees. An amendment may be entered
into:
A. To provide for revisions or modifications to documents, work product,or
work,when required by the enactment or revision of any subsequent law;or
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
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720599.1
3A Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not
made,this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Schedule of Performance: Term. This Agreement shall commence on the
effective date of this Agreement and services and shall continue until the date specified for
project completion in the Scope or Work (if any is specified), or the date the services are fully
rendered,or until the date this Agreement is terminated,whichever occurs first. .
4.2 Termination Prior to Expiration of Term. City may terminate this Agreement
at any time, with or without cause, upon fifteen(15) days written notice to Consultant. Where
termination is due to the fault of Consultant and constitutes an immediate danger to health,
safety,and general welfare,the period of notice shall be such shorter time as may be determined
by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all
services except such as may be specifically approved by the Contract Officer. Consultant shall
be entitled to compensation for all services rendered prior to receipt of the notice of termination
and for any services authorized by the Contract Officer after such notice. Consultant may
terminate this Agreement, with or without cause,upon thirty(15)days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act and make all
decisions in its behalf with respect to the specified services and work: Reuel Young, President.
It is expressly understood that the experience, knowledge, education, capability, and reputation
of the foregoing principal is a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services under this Agreement. The foregoing principal may not be changed by Consultant
without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the services. Consultant shall refer any
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall
not contract with any other individual or entity to perform any services required under this
Agreement without the City's express written approval. In addition, neither this Agreement nor
any interest may be assigned or transferred, voluntarily or by operation of law,without the prior
written approval of City.
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720599.1
12
SA Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Consultant, its agents or employees,perform
the services required, except as otherwise specified. Consultant shall perform all required
services as an independent contractor of City and shall not be an employee of City and shall
remain at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role;however, City shall have the right to review Consultant's work product,
result, and advice. Consultant shall not at any time or in any manner represent that it or any of
its agents or employees are agents or employees of City.
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in the attached Attachment"B"to this Agreement.
7. INDEMNIFICATION.
7.1 Indemnification. Consultant agrees to indemnify, defend, and hold harmless
the City, its elected and appointed officials, employees, and agents from any and all claims,
liabilities, expenses, or damages of any nature, including attorneys' fees and defense costs, for
injury or death of any person, damage to property or interference with use of property, and for
errors and omissions committed by Consultant arising out of or in connection with the work,
operation or activities of Consultant, it agents, employees and subcontractors in carrying out its
obligations under this Agreement. City agrees to indemnify, defend, and hold harmless the
Consultant, its agents, employees, and subcontractors from any and all claims, liabilities,
expenses, or damages of any nature, including attorneys' fees and defense costs, for injury or
death of any person, damage to property or interference with use of property, and for errors and
omissions committed by City arising out of or in connection with the work, operation or
activities of City, its elected and appointed officials, employees, and agents in carrying out the
City's obligations under this Agreement.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
reports concerning the performance of the services required by this Agreement, or as the
Contract Officer shall require.
8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant
shall keep such books and records as shall be necessary to properly perform the services required
by this Agreement and enable the Contract Officer to evaluate the performance of such services.
The Contract Officer shall have full and free access to such books and records at all reasonable
times, including the right to inspect, copy, audit, and make records and transcripts from such
records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this Agreement
shall be the property of City upon payment in full of all monies due an payable under the terms
of this agreement. Consultant shall deliver all above-referenced documents to City upon request
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720599.1
13
of the Contract Officer or upon the termination of this Agreement. Consultant shall have no
claim for further employment or additional compensation as a result of the exercise by City of its
full rights or ownership of the documents and materials. Consultant may retain copies of such
documents for Consultant's own use. Consultant shall have an unrestricted right to use the
concepts embodied in such documents. Notwithstanding the foregoing, City acknowledges that
any and all information produced by Consultant under this agreement, including plans,
specifications, data, reports, construction documents or electronic files ("documems"), are
instruments of professional service. In the event City consents to, allows, authorizes or
approves of changes to such documents, and these changes are not approved in writing by the
Consultant,City recognizes that such changes and the results thereof are not the responsibility of
the Consultant. Therefore, City agrees, to the fullest extent permitted by law, to indemnify,
defend, and hold harmless the Consultant, its officers, directors, employees, and subconsultants
against any claims, liabilities, expenses, or damages of any nature, including reasonable
attorneys' fees and defense costs, arising from the unauthorized reuse or modification of the
documents by City or any person or entity that acquires or obtains the documents from or
through City. In the event that Consultant's services are terminated in accordance with this
agreement,this provision shall also apply to documents delivered to City after such termination.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Consultant shall maintain all books, documents,papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement. Consultant shall make such materials available at its offices at all
reasonable times during the term of this Agreement and for three(3) years from the date of final
payment for inspection by City and copies shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county,and Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts(including,without limitation,California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and shall
not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
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720599.1
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9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of Consultant. Any waiver by either party of any default must
be in writing. No such waiver shall be a waiver of any other default concerning the same or any
other provision of this Agreement.
9.4 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. The exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
9.5 Leval Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment,or any other remedy consistent with the purposes of this Agreement.
10. CITY OFFICERS AND EMPLOYEES:NON-DISCRI IINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City
shall be personally liable to the Consultant, or any successor-in-interest, in the event of any
default or breach by City or for any amount which may become due to the Consultant or its
successor,or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest No officer or employee of the City shall have any direct or
indirect financial interest in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which effects their financial interest or the financial
interest of any corporation, partnership, or association in which he/she is, directly or indirectly,
interested in violation of any state statute or regulation. Consultant warrants that Consultant has
not paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
103 Covenant Against Discrimination. Consultant covenants that,by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination or segregation in the performance of or in connection with this Agreement
regarding any person or group of persons on account of race, color, creed, religion, sex, marital
status,disability, sexual orientation, national origin,or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that
either patty desires, or is required to give to the other party or any other person shall be in
writing and either served personally or sent by pre-paid, first-class mail to the address set forth
below. Notice shall be deemed communicated seventy-two(72) hours from the time of mailing
if mailed as provided in this Section. Either party may change its address by notifying the other
parry of the change of address in writing.
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720599.1
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To City: City of Palm Springs
Attention: City Manager/City Clerk
3200 E.Tahquitz Canyon Way
Palm Springs,California 92262
To Consultant: Reuel Young,AIA
President, Interactive Design Corporation
199 South Civic Drive,Suite 10
Pahn Springs, California 92262
L2 nte�aT This Agreement contains all of the agreements of the
parties supeisedes'.alrother written agreements.
en ment. M amendments or other modifications of this Agreement shall be
binding unless through written agreement by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement.shall be
interpreted in such a manner as to be effective and valid under applidable law. In the event that
any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceabdity shall not affect any of the remaining
phrases, sentences,clauses,paragraphs, or sections of this Agreement,which shall be interpreted
to carry out the intent of the parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
11.6 Third Party Beneficial. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise,upon any entity or person not a party to this Agreement.
11.E Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound,for purposes of this Agreement,by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by
so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
720599.1
16
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
"City"
City of Palm Springs
Date: ;;avid
H. Ready
City Manager
APPROVED BY CITY MAKM
APPROVED AS TO FORM: ATTEST
By: lf�jot�k' B .
Douglas C. Holland, James Thompson,
City Attorney City Clerk
"Consultant"
�- Interactive Design Corporation
Date: 4 ,.15 �6py By:
Reuel Yom AIA
President
8 Revew:8116/10
]20599A
17
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9 Revised:6116110
720599.1 18
ATTACHMENT "A"
PROPOSAL FOR ARCHITECTURAL SERVICES
PALM SPRINGS SKATE PARK
a e
ptteeF i MONswoJ
�• eNR>l111M
MIM/0 tlUUMII
l0 Re ned:6/116/10
720599.1
19
PROPOSAL FOR ARCHITECTURAL SERVICES
PALM SPRINGS CITY SKATE PARK
ENTRANCE AND MODULAR UPGRADE
JUNE 25,2012
SECTION 1:PROJECT PARAMETERS
1, PROJECT DESCRIPTION
a. The City of Palm Springs plans to upgrade the existing Skate Park by undertaking
the following;
L Reconfigure the entry to the existing Skate Park at the southern terminus
of Pavilion Way to provide a controlled entry sequence,a retail"pro shop"
and administrative offices for the contract operator of the Pads.
ii. Install existing modular building(40'x 60')on site per Engineering
Resources drawings(generally facing due north and adjacent to the
existing Park and requiring re design of cul-de-sac.)
iii. Improve exterior treatment and elevations to enhance the appearance of
the building.
iv. Improve the interior of the modular building to accommodate functions
defined by contract operator for successful operation of the building,the
Park and special events.
v. Upgrade the existing modular building to meet Code.requirements as
defined by the City of Palm Springs,ADA and other relevant authorities.
vi. Increase security throughout the Park by installing video surveillance
cameras providing full coverage of Park
vii. Provide temporary bleachers for special events.
vid. Provide shade for the Park and bleachers if feasible.
2. EXISTING CONDITIONS
a. Coding Inspection of existing modular: State HCD;.Alicia Villa(951)782-4420
b. The existing modular does not have evidence of registration or title;the plaques
do not have model or serial numbers. Therefore at present no documents existing
regarding the modular—how it was built,under what Code it was permitted.
IDC 1205 PS Skate Park Page 1
20
3. PROJECT ADMINISTRATION&REVIEW
a. Client Representative and Project Manager:Vicki Oltean
b. Schematic Design Review:Thomas Wilson,Council nemberMills, Vicki Ohean
c. Plan check and inspection
i. Site Plan:City of Palm Springs
iL Foundation and anchorage:City of Palm Springs
iii. Exterior treatmentslelevations:City of Palm Springs
iv. Interior alterations and envelope: State HCD;Larry Hemming
(951) 782-4420
d. Existing modular Coding Inspection:State HCD;Alicia Villa,(951)782-4420
e. Update of existing modular to meet current Codes(if required):HCD, Larry
Hemming
SECTION 2: CLIENT'S RESPONSIBILITIES
1. SCOPE OF WORK BY CITY STAFF
a. Fire Code and Security requirements:Bob Rose
b. Planning review as Architectural Minor Modification: Craig Ewing
c. Engineering and drainage:Mike Lytar
d. Exiting and accessibility requirements:Terry Tatum
e. Foundation and anchorage design:Mike Lytar
2. INFORMATION TO BE PROVIDED BY CITY
a. Documentation related to existing Skate Park(Note:Precise Grading Plan for
Palm Springs Swim Center and Skate Park by Dudek&Assoc,are not consistent
with Skate Park as constructed. No Record Documents in City Files.)
b. Property boundaries(Street Improvement Plans for Cerritos Road provided)
c. Documentation related to existing modular(Note:no documentation available;
request HCD Coding inspection:Alicia Villa)
d. Proposed reconfiguration of cul-de-sac by Engineering Resources of Souther
California, Inc. (Note:Used as basis for discussion with M. Lytar following
comments by Couneilmember Mills:)
e. Record Documents related to Skate Park lighting standards,power availability,
and structure of standards.
SECTION 3: SCOPE OF SERVICES BY CONSULTANT
1. PRE-DESIGN
a. Meet with proposed Operator of Skate Park regarding internal layout of modular,
site access and other operational issues.
b. Review Code compliance issues with City of Palm Springs and State of California
Housing and Community Development Department(HCD).
c. Review existing conditions and site documentation by.ER of SC.
d. Review existing modular building documents and in-situ conditions
IDC 1205 PS Skate Park Page 2
21
e. Review Code requirements with city staff.including Planning,Buildmg.and
Engineering.
2. SCHEMATIC DESIGN
a. Prepare Schematic Site Plan for placement of modular indicating ADA
accessibility,fire exiting,landscape and hardscape treatment.
b. Prepare floor plan layout of modular for placement ofdisplay counters,new
restroom accessible from Park,retail space,new doors,lighting and power/data.
c. Prepare Schematic Elevations of modular.
d. Prepare Schematic Site Plan locating temporarybleachers and shade for park and
bleachers.
3. PRESENTATION MATERIALS(for review by Couneilmember Mills,T Wilson, C
Eying&V Oltean)
a. Site Plan including landscape treatment,hardscape,exterior lighting and exiting.
b. Exterior Elevations of Modular
c. Bleacher locations and shade structure
4. CONSTRUCTION DOCUMENTS
a, Interior changes to walls, lighting,HVAC,data,flooring and finishes.(Electrical,
data and HVAC to be diagrammatic only.)
b. Envelope changes to windows,new doors,weather barrier,exterior sheathing,
roof and drainage.
c. Exterior lighting on modular(location and type only.)
d. Exterior design of modular—finishes;materials,colors and backing
e. Site Plan
i. Landscape and irrigation(diagrammatic)
ii. Exterior lighting(location and type only)
iii. Reconfiguration of existing access gates and controls
S. BIDDING&CONSTRUCTION ADMINISTRATION
a_ Provide support services as requestedby Client
6. DESIGN TEAM
a. ARCHITECT:interactive Design Corporation
b. CONSULTANTS:(not in contract)
i. STRUCTURAL: Tang Structural
ii. MECHANICAUPLUMBING: EquitySpec Consulting
iii. ELECTRICAL: MRC Engineering
iv. LANDSCAPE: B1uePalm
SECTION 4: SCHEDULE
1. TIME—SCHEMATIC DESIGN
a. Site Plan for placement of Modular: 26JUN
IDC 1205 PS Slate Park Page 3
22
b. Interior Floor Plan of Modular: 26JUN
c. Elevation Studies 17JUL
d. Presentation Materials 31JUL
2. TIME—CONSTRUCTION DOCUMENTS
a, Plan Check submittal 06SPT
SECTION 5: COMPENSATION
t. COMPENSATION shall be billed hourly,not to exceed Twenty Four Thousand Three
Hundred Dollars($24,300)
a. COMPENSATION/MODULAR—Through Design Approval(estimated)
i. Pre-Design $1,200
ii. Schematic Design $4500
in. Presentation $2,600
iv. Meetings $1,500
$9,800
b. COMPENSATION/MODULAR—Construction Documents and Bidding
(estimated)
i. Architecture $8,500
ii. Structural Engineer NIC
iii. Mechanical/Plumbing Engineer NIC
iv. Electrical Engineer NIC
v. Landscape Architect NIC
$8,500
c. COMPENSATION—Construction Phase(estimated)
i. As requested by Client $6,000
Total compensation,not to exceed $24300
2. COMPENSATION/BLEACHERS&SHADE—Shade and Bleacher
a. Scope of Work not known at this time.
SECTION 6: EXCLUSIONS
1. CIVIL ENGINEERING—grading,drainage,paving,utilities, site ADA accessibility and
parking
2. STRUCTURAL ENGINEERING—site walls and foundation for modular
3. SECURITY AND FIRE ALARM
IDC 1205 PS Skate Park Page 4
23
4. MODULAR DISASSEMBCY,TRANSPORT AND REASSEMBLY IN-SITU
5. EXISTING CONDITIONS&CODE UPDATE—DOCUMENTATION
a Documentation relating to the existing modular is not known at this time. After
City contracts with HCD for Coding Inspection,documentation may be necessary.
Such Documentation may include preparation of`As-Built Drawings"or
preparation of forensic calculations.
b. HCD has not determined whether re4oQWon of the existing structure will be
cooside ed an Alteration or whether modification to the interior will constitute an
Alteration. HMmay require modifications to the existing structure and systems
to mect.cutrent(2010 CDC)Code Standards.
av rSE7L--
Reuel Young AIA .
President, Interactive go Corporation
C#1Q974
199'South Civic Drive
Srtite 10
Palm Springs,CA 92262
760.323.4990
reuel@intesaetivedesigacorp.com
IDC 1205 PS Skate Park Page 5
24
ATTACHMENT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
]] ReyLmd:6M6110
720599.1
25
INSURANCE
1. Procurement and Maintenance of Insurance. Consultant shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Consultant's performance under this Agreement.
Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and
content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Consultant shall also carry workers' compensation insurance in accordance with California
workers' compensation laws. Such insurance shall be kept in full force and effect during the
term of this Agreement, including any extensions. Such insurance shall not be cancelable
without thirty(30)days advance written notice to City of any proposed cancellation. Certificates
of insurance evidencing the foregoing and designating the City, its elected officials, officers,
employees, agents,and volunteers as additional named insureds by original endorsement shall be
delivered to and approved by City prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the same shall
not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials,
officers,agents,employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required
under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two
million dollars($2,000,000)general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00)per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at
least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000)
annual aggregate is:
X required
is not required;
4. Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars$1 million per occurrence. If Consultant has no employees, Consultant shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement form
3. Primary Insurance. For any claims related to this Agreement, Consultant's
insurance coverage shall be primary with respect to the City and its respective elected officials,
officers,employees, agents, and volunteers. Any insurance or self-insurance maintained by City
and its respective elected officials, officers, employees, agents,and volunteers shall be in excess
of Consultant's insurance and shall not contribute with it. For Workers' Compensation and
Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and
12 Revised:rvi6ro
720599.1
26
contribution it may have against City, its elected officials, officers, employees, agents, and
volunteers.
4. Errors and Omissions Coverage. If Errors &Omissions Insurance is required,
and if Consultant provides claims made professional liability insurance, Consultant shall also
agree in writing either(1)to purchase tail insurance in the amount required by this Agreement to
cover claims made within three years of the completion of Consultant's services under this
Agreement, or(2) to maintain professional liability insurance coverage with the same carrier in
the amount required by this Agreement for at least three years after completion of Consultant's
services under this Agreement. Consultant shall also be required to provide evidence to City of
the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class
VII,or better,unless otherwise acceptable to the City.
6. Verification of Coverage. Consultant shall finish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or(2)an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The City of Palm Springs, its oricials, employees, and agents are named as an
additional insured... " ("as respects City of Palm Springs Contract No. or for any and all
work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No._" or 'for any
and all workperformed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." language such as, "endeavor to" mail and "but failurc to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
13 Rewsed:&16110
720599.1
27
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents,and volunteers.
In addition to the endorsements listed above, the City of Pahn Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Consultant's obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or
services under this Agreement. At the option of the City, either (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions with respect to the City, its elected officials,
officers, employees, agents, and volunteers; or(2) Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured
retention under the policy. Consultant guarantees payment of all deductibles and self-insured
retentions.
S. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
14 Rwset wwo
720599.1
28
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR FISCAL YEAR 2012-13 FOR SKATE PARK
OPERATIONS AND MANAGEMENT FACILITY PROJECT.
WHEREAS, Resolution No. 23146 approving the Budget for the Fiscal Year
2012-2013 was adopted on June 6, 2012; and
WHEREAS the City Manager has recommended, and the City Council desires to
approve, certain amendments to said budget.
NOW THEREFORE THE CITY COUNCIL DETERMINES, RESOLVES AND
APPROVES AS FOLLOWS: that the Director of Finance is authorized to record inter-
fund cash transfers as required in accordance with this Resolution, and Resolution No.
23146, adopting the Budget for Fiscal Year 2012-13 is hereby amended as follows:
SECTION 1. ADDITIONS
Fund Activity Account Amount
Quimby Fund $550,000
Purpose: Establish funding pursuant to the estimated comprehensive Project Budget
for the completion of Skate Park improvements.
SECTION 2.
Fund Activity Account Amount
Quimby Fund Fund Balance $550,000
ADOPTED THIS DAY OF 2013.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
29
Resolution No.
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
30