HomeMy WebLinkAbout2006-04-05 STAFF REPORTS 2I O� PALM IPA
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DATE: April 5, 2006 CONSENT CALENDAR
SUBJECT: APPROVAL OF AN AGREEMENT FOR CONSULTANT SERVICES WITH
SPEER CIVIL PROVIDING PROFESSIONAL ENGINEERING STAFF
SERVICES TO ASSIST THE DEPARTMENT OF PUBLIC WORKS &
ENGINEERING WITH DEVELOPMENT AND CAPITAL PROJECT
WORKLOADS THROUGH THE END OF THE 2005/2006 FISCAL YEAR.
FROM: City Manager
BY: Director of Public Works/City Engineer
SUMMARY
Approval of this agreement will provide for the services of one Professional Engineer to
assist the Public Works Department with its workload in the areas of development review
and conditioning and capital projects. The services are scheduled to begin April 10, 2006.
RECOMMENDATION:
1) Approve Minute Order No. "APPROVING AGREEMENT NO.
WITH SPEER CIVIL IN AN AMOUNT NOT TO EXCEED $35,000 FOR
PROFESSIONAL ENGINEERING STAFF SERVICES TO ASSIST THE
DEPARTMENT OF PUBLIC WORKS & ENGINEERING WITH DEVELOPMENT
AND CAPITAL PROJECT WORKLOADS THROUGH THE END OF THE 2005/2006
FISCAL YEAR."
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
During the budget preparation process for the 2005/2006 Fiscal Year the Public Works
Department requested an additional Associate Engineer position to keep up with the pace
of development activity occurring at that time. This was not approved, however, the City
Manager recommended and Council approved an item within the budget that provided
$50,000 for contractual services, should engineering staff assistance be required. Staff
worked to keep up with the pace of development, however some of the capital projects
schedules were delayed.
Item No. n . I .
City Council Staff Report
April 5, 2006 - Page 2
Speer Civil for Professional Engineering Services
In order to get back on track with both development and capital projects,staff, in January
2006, sent Requests for Proposals to ten firms that provide engineering staff services to
local agencies. Most of the firms could not provide services due to their workloads. Only
three firms responded thatthey could positively provide the personnel and out of those only
two provided cost proposals. Of those two, one was Speer Civil in the Coachella Valley,,
and staff checked references and successfully negotiated an agreement with them. The
$96 hourly rate is significantly below that of other firms. Mr. Speer has significant
experience working with the City of La Quinta.
Staff proposes using Speer to work on getting this year's street maintenance projects,
storm drain projects, protective-permissive signal project, and sewer repair roocts out to
bid.
FISCAL IMPACT: Finance Director Review:
This project was budgeted as a part of the 2005/2006 Capital Improvement Plan. The
project is proposed to be funded out of account number 001-4171-43200 (Engineering
Contractual Services) and not to exceed $35,000.
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David J. Barakian Thomas J. Wi on
Director of Public Works/City Engineer Assistant City Manager-Development Services
David H. Ready '
City Manager
Attachments:
1. Minute Order
2. Professional Services Agreement
MINUTE ORDER NO.
APPROVING AGREEMENT NO. WITH
SPEER CIVIL FOR PROFESSIONAL
ENGINEERING STAFF SERVICES TO ASSIST
THE PUBLIC WORKS DEPARTMENT WITH
DEVELOPMENT AND CAPITAL PROJECT
WORKLOADS THROUGH THE END OF THE
2005/2006 FISCAL YEAR
I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that
this Minute Order Approving Agreement No. with Speer Civil for Professional
Engineering Staff Services to Assist the Department of Public Works & Engineering with
Development and Capital Project workloads through the end of the 2005/2006 fiscal year,
was adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 5`h day of April, 2006.
James Thompson, City Clerk
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement') is made and
entered into this _ day of April, 2006, by and between the City of Palm Springs, a California
charter city ("City"), and Speer Civil, a sole proprietorship ("Firm").
RECITALS
A. City requires the services of a firm for professional engineering services
('Project').
B. Firm has submitted to City a proposal to provide professional engineering
services pursuant to the terms of this Agreement.
C. Based on its experience and reputation, Firm is qualified to provide the
necessary services for the Project and desires to provide such services.
D. City desires to retain the services of Firm for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, City agrees to employ and does hereby employ Firm and Firm agrees to
provide professional services as follows:
AGREEMENT
1. PROFESSIONAL SERVICES
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Firm shall provide
professional engineering staff services as described in the Scope of Services attached to this
Agreement as Exhibit "A.° Firm warrants that all services shall be performed in a competent,
professional, and satisfactory manner in accordance with all standards prevalent in the
industry. In the event of any inconsistency between the terms contained in the Scope of Work
and the terms set forth in the main body of this Agreement, the terms set forth in the main body
of this Agreement shall govern.
1.2 Compliance with Law.
All services rendered under this Agreement shall be provided in accordance with
all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state
or local governmental agency of competent jurisdiction.
1.3 Licenses and Permits.
Firm shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement.
1.4 Familiarity with Work.
By executing this Agreement, Firm warrants that Firm 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.
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2. TIME FOR COMPLETION
The time for completion of the services to be performed by Firm is an essential
condition of this Agreement. Firm shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule set forth in Section 4.2. Firm 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 Firm. Delays shall not entitle Firm to any additional
compensation regardless of the party responsible for the delay.
3. COMPENSATION OF FIRM
3.1 Compensation of Firm.
For the services rendered pursuant to this Agreement, Firm shall be
compensated and reimbursed, in accordance with the terms set forth in the Scope of Work, in
an amount not to exceed $35,000.00.
3.2 Method of Payment.
In any month in which Firm wishes to receive payment, Firm shall no later than
the first working day of such month, submit to City in the form approved by City's Director of
Finance, an invoice for services rendered prior to the date of the invoice. Payments shall be
based on the hourly rates as set forth in Exhibit A for authorized services performed. City shall
pay Firm for all expenses stated thereon which are approved by City consistent with this
Agreement, within thirty (30) days of receipt of Firm's invoice.
3.3 Changes.
In the event any change or changes in the work is requested by City, the parties
hereto shall execute an addendum to this Agreement, setting forth with particularity all terms of
such addendum, including, but not limited to, any additional fees. Addenda may be entered
into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other work
product or work;
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Firm's profession.
3.4 Appropriations.
This Agreement is subject to and contingent upon funds being appropriated
therefore by the City Council of City for each fiscal year covered by the Agreement. If such
appropriations are not made, this Agreement shall automatically terminate without penalty to
City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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4.2 Schedule of Performance.
All services rendered pursuant to this Agreement shall be performed within the
time! periods mutually agreed to by the parties. The extension of any time period must be
approved in writing by the Contract Officer.
4.3 Force Maieure.
The time for performance of services to be rendered pursuant to this Agreement
may be extended because of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of the Firm, including, but not restricted to, acts of God or of a
public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, and unusually severe weather if the Firm shall
within ten (10) days of the commencement of such condition notify the Contract Officer who
shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time
for performing the services for the period of the enforced delay when and if in the Contract
Officer's judgment such delay is justified, and the Contract Officer's determination shall be final
and conclusive upon the parties to this Agreement.
4.4 Term.
Unless earlier terminated in accordance with Section 8.5 of this Agreement, this
Agreement shall continue in full force and effect for a period of eleven (11) weeks,
commencing on April 10, 2006 and ending on June 30, 2006, unless extended by mutual
written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Firm.
The following principal of the Firm is hereby designated as being the principal
and representative of Firm authorized to act in its behalf with respect to the work specified
herein and make all decisions in connection therewith: Steve Speer, Principal.
It is expressly understood that the experience, knowledge, 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 Firm and devoting sufficient time to personally
supervise the services hereunder. The foregoing principal may not be changed by Firm
without the express written approval of City.
5.2 Contract Officer.
The Contract Officer shall be David Barakian, Public Works Director, or his
designee. It shall be the Firm's responsibility to keep the Contract Officer fully informed of the
progress of the performance of the services and Firm shall refer any decisions that must be
made by City to the Contract Officer. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the Contract Officer.
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5.3 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability, and reputation of Firm, its principals and
employees, were a substantial inducement for City to enter into this Agreement. Therefore,
Firm shall not contract with any other entity to perform in whole or in part the services required
hereunder without the express written approval of City. In addition, neither this Agreement nor
any interest herein may be assigned or transferred, voluntarily or by operation of law, without
the prior written approval of City.
5.4 Independent Contractor.
Neither City nor any of its employees shall have any control over the manner,
mode or means by which Firm, its agents or employees, perform the services required herein,
except as otherwise set forth herein. Firm shall perform all services required herein as an
independent Firm 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. Firm 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 AND INDEMNIFICATION
6.1 Insurance.
Firm shall procure and maintain, at its cost, and submit concurrently with its
execution of this Agreement, public liability and property damage insurance against all claims
for injuries against persons or damages to property resulting from Firm's performance under
this ,Agreement. Firm shall also carry workers' compensation insurance in accordance with
California worker's compensation laws. Such insurance shall be kept in effect during the term
of thiis Agreement and shall not be cancelable without thirty (30) days written notice to City of
any proposed cancellation. City's certificate evidencing the foregoing and designating City as
an additional named insured shall be delivered to and approved by City prior to
commencement of the services hereunder. The procuring of such insurance and the delivery
of policies or certificates evidencing the same shall not be construed as a limitation of Firm's
obligation to indemnify City, its Firms, officers and employees. The amount of insurance
required hereunder shall include:
A. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000.00) combined single limit coverage per occurrence;
B. Automobile liability insurance with limits of at least five hundred thousand
dollars ($500,000.00) per occurrence; and
D. Professional liability coverage with limits of at least five hundred thousand
dollars ($500,000.00) per occurrence.
Coverage shall be provided by insurers admitted in California with an A.M. Best's Key Rating
of at least A-. If Firm provides claims made professional liability insurance, Firm 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 Firm'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 Firm's
services under this Agreement. The Firm shall also be required to provide evidence to City of
the purchase of the required tail insurance or continuation of the professional liability policy.
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6.2 Indemnification.
To the maximum extent allowed under law, the Firm shall defend, indemnify and
hold harmless City, its officers and employees, from and against any and all actions, suits,
proceedings, claims, demands, losses, costs, and expenses, including legal costs and
attorneys' fees, for injury to or death of person or persons, for damage to property, including
property owned by City, and for errors and omissions committed by Firm, its officers,
employees and agents, arising out of or related to Firm's performance under this Agreement.
7. RECORDS AND REPORTS
7.1 Reports.
Firm 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.
7.2 Records.
Firm 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.
7.3 Ownership of Documents.
All drawings, specifications, reports, records, documents and other materials
prepared by Firm 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, and Firm shall have no claim for further employment or additional compensation
as a result of the exercise by City of its full rights or ownership of the documents and materials
hereunder. Firm may retain copies of such documents for its own use. Firm shall have an
unrestricted right to use the concepts embodied therein.
7.4 Release of Documents.
All drawings, specifications, reports, records, documents and other materials
prepared by Firm in the performance of services under this Agreement shall not be released
publicly without the prior written approval of the Contract Officer.
8. ENFORCEMENT OF AGREEMENT
8.1 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 Firm covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
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8.2 Waiver.
No delay or omission in the exercise of any right or remedy of a non-defaulting
party on any default shall impair such right or remedy or be construed as a waiver. No consent
or approval of City shall be deemed to waiver or render unnecessary City's consent to or
approval of any subsequent act of Firm. 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.
8.3 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise by
either party of one or more of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other rights or remedies for the same default or any other
default by the other party.
8.4 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in
law or in equity, to cure, correct or remedy any default, to recover damages for any default, to
compel specific performance of this Agreement, to obtain injunctive relief, a declaratory
judgment, or any other remedy consistent with the purposes of this Agreement.
8.6 Termination Prior to Expiration of Term.
City reserves the right to terminate this Agreement at any time, with or without
cause, upon thirty (30) days written notice to Firm, except that where termination is due to the
fault of the Firm and constitutes an immediate danger to health, safety and general welfare, the
period of notice shall be such shorter time as may be appropriate. Upon receipt of the notice
of termination, Firm shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Firm shall be entitled to compensation for all
services rendered prior to receipt of the notice of termination and for any services authorized
by the Contract Officer thereafter.
Firm may terminate this Agreement, with or without cause, upon thirty (30) days
written notice to City.
8.6 Termination for Default of Firm.
If termination is due to the failure of the Firm to fulfill its obligations under this
Agreement, City may take over the work and prosecute the same to completion by contract or
otherwise, and the Firm shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated, provided that City
shall use reasonable efforts to mitigate damages, and City may withhold any payments to the
Firm for the purpose of set-off or partial payment of the amounts owed to City.
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9. City OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
9.1 Non-Liability of City Officers and Employees.
No officer or employee of City shall be personally liable to the Firm, 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 Firm or its successor, or for breach of any obligation of the terms of
this Agreement.
9.2 Covenant Against Discrimination.
Firm 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, national origin, or
ancestry.
10. MISCELLANEOUS PROVISIONS
10.1 Notice.
Any notice, demand, request, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid, first-class mail to the address set forth below.
Either party may change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if
mailed as provided in this Section.
To City: City of Palm Springs
Attention: Public Works Director
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Speer Civil
Attention Steve Speer
50855 Washington Street, Suite C-280
La Quinta, CA 92253
10.2 Integrated Agreement.
This Agreement contains all of the agreements of the parties and cannot be
amended or modified except by written agreement.
10.3 Amendment.
This Agreement may be amended at any time by the mutual consent of the
parties by an instrument in writing.
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10.4 Severability.
In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable
by valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs,
or sections of this Agreement, which shall be interpreted to carry out the intent of the parties
hereunder.
10.5 Authority.
The persons executing this Agreement on behalf of the parties hereto warrant
that they are duly authorized to execute this Agreement on behalf of said parties and that by so
executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"City"
City OF PALM SPRINGS
Date By:
Ron Oden, Mayor
APPROVED AS TO FORM. ATTEST:
By: _
City Attorney City Clerk
"FIRM"
Speer Civil
By :
Date: Steve Speer, Principal
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Exhibit "A"
Scope of Services- Speer Civil
Provide a California Registered Civil Engineer, Steve Speer (Consultant), to work Monday
through Friday at City Hall a maximum of 32 hours per week in accordance with the work
schedule below. Services to include staff services in development review and conditioning,
capital project design and administration. Work to include coordinating the Capital
Improvement Program, completing PS&E, putting projects out to bid and other staff duties as
assigned. City to provide office space, general office supplies and computer access.
Service to be provided at hourly rate of$96 per hour. Total shall not exceed $3,072 per week.
There shall be no mileage charges as Consultant will not be required to travel more than 200
miles from Palm Springs. There shall be no mark up on reimbursable expenses. City to
provide mailing, copies and other traditionally reimbursable expenses, so in no case will
Consultant's reimbursements exceed $500 per month. Total compensation shall not exceed
$35,000.
WORK SCHEDULE
Monday (8am to 5pm) ......................................... 8 hours
Tuesday, afternoon only (I pm to 5pm)................4 hours
Wednesday (8am to 5pm) ................................... 8 hours
Thursday, afternoon only (1pm to 5pm)...............4 hours
Friday (8am to 5pm)............................................ 8 hours
Total...................*32 hours
*Thirty-two (32) hours represents the Consultant's standard work week for this
agreement, subject to SPEER Civil employee benefit time off, which are non-
billable hours to the City, and shall not exceed forty (40) hours in total during the
course of this agreement.
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