HomeMy WebLinkAbout10/6/2004 - STAFF REPORTS (8) DATE: October 6, 2004
TO: City Council
FROM: Director of Public Works/City Engineer
JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER EXPANSION
RECOMMENDATION:
It is recommended that the City Council authorized one of the following actions:
1. Approve a contract services agreement in the amount of $77,900.00 with
Interactive Design Corporation, for the James O. Jessie Desert Highland Unity
Center Expansion, City Project 04-05; or
2. Do not approve a contract services agreement with Interactive Design
Corporation, and authorize staff to reissue a Request for Proposals for
architectural design services for the James O. Jessie Desert Highland Unity
Center Expansion, City Project 04-05.
SUMMARY:
Approval of this contract will provide the City with professional architectural design
services necessary to prepare preliminary conceptual designs and final construction
documents for the proposed expansion of the James O. Jessie Desert Highland Unity
Center. This project was submitted by the Desert Highland Unity Center and approved
by the City Council as part of the Fiscal Year 2003-2004 and 2004-2005 Community
Development Block Grant (CDBG) Programs. Staff's original solicitation for proposals
yielded one response; reissuing a Request for Proposals may yield other proposals by
which staff can review and bring forward for future Council consideration.
BACKGROUND:
On February 17, 2003, Parks and Recreation Department staff submitted an application
for Community Development Block Grant (CDBG) funding for the James O. Jessie
Desert Highland Unity Center (DHUC) through the CDBG's 2003-2004 Fiscal Year
Program. The original proposal was for application of funding to upgrade, renovate, and
expand the existing facility. The Parks and Recreation Department application identified
a need for increased usable space in order to upgrade and improve the current level of
service provided by the DHUC, which re-activated the City's March 1986 proposed
addition that was never pursued. The intent is to construct a new building between the
existing Gymnasium and Recreation buildings to provide for a new lobby and meeting
rooms, so that the DHUC can offer more passive activities (i.e. computer services,
learning center, etc.). The original request was for CDBG funding in the amount of
$220,000. The City's CDBG allocation for the 2003-2004 Fiscal Year was $618,000;
however, the City received fourteen applications requesting CDBG funding in the
amount of $1.2 Million. As a result of limited funds, the CDBG Citizen's Advisory
Committee (CAC) recommended $65,000 in CDBG funding for phasing the project to
roof and wall the existing trellis area of the gymnasium. The City Council approved the
2003-2004 CDBG Program on April 2, 2003.
James O. Jessie Desert Highland Unity Center Expansion
October 6, 2004
Page 2
On March 1, 2004, Parks and Recreation Department staff submitted a subsequent
grant application for further funding of the expansion of the DHUC, requesting $231,768
in funding from the 2004-2005 CDBG Program. The City's CDBG allocation for the
2004-2005 Fiscal Year was $606,000; however, the City received fifteen applications
requesting CDBG funding in the amount of $1.2 Million. As a result, the CAC
recommended $149,742 in CDBG funding for the final phase of constructing the new
addition. The City Council approved the 2004-2005 CDBG Program on April 7, 2004.
This brings the total CDBG funding for this project over the two year period to $214,742.
The Engineering Division received a request from the Community and Economic
Development Department to solicit proposals for architectural design firms for the
required services to prepare preliminary conceptual drawings of the expansion of the
DHUC, as well as final construction drawings for bidding. As a result, Engineering
Division staff prepared a Request for Proposals (RFP) which was distributed on June 28,
2004. In consultation with the Community and Economic Development Department, staff
distributed RFP's to all interested parties, made the RFP's available to the public, and
directly mailed RFP's to the following local firms:
Alfred Cook; Palm Desert
Allen Sanborn (Sanborn A/E); Palm Springs
Araki &Associates; Palm Desert
Cody & Brady Architects; Palm Desert
David Christian; Rancho Mirage
David Levy; Palm Springs
Donald Wexler; Palm Springs
Holden and Johnson Architects; Palm Desert
Holt Architects, Inc.; Palm Desert
James Cioffi; Palm Springs
John Trueblood; Palm Springs
Michael Black&Associates; Sebastapol
O'Donnell & Escalante Architects; Palm Springs
Palm Springs Design Group; Palm Springs
Pam Touschner; Palm Springs
Reed &Associates; Palm Springs
Reuel Young (Interactive Design Corporation); Palm Springs
Robert Heuer (Desert Architects); Palm Springs
*Staff solicited a proposal from David Christian and Michael Black, architects who were
responsible for the original designs of the Recreation and Gymnasium buildings.
The RFP required a submittal deadline of July 30, 2004. As a result of the solicitation,
staff received one written response from Alfred Cook indicating an inability to take on
additional projects at this time, as well as a telephone call from David Christian indicating
the same. Only one formal proposal was submitted as a result of the solicitation from
Reuel Young of Interactive Design Corporation (IDC).
Upon receipt of IDC's proposal, staff reviewed the scope of work, project schedule, and
proposed fee schedule. Staff met with representatives from IDC to discuss the scope of
work and the proposed fee schedule, and negotiated the current proposed agreement.
The scope of services provides the City with four primary tasks: Project Management;
Plans, Specifications and Estimate (PS&E); Project Advertisement and Bidding; and
Construction Administration.
James O, Jessie Desert Highland Unity Center Expansion
October 6, 2004
Page 3
In order to attempt to regulate contract costs, staff prepared a scope of services that
made some assumptions regarding the processing of this project. As this project
involves the expansion of an existing City public facility, the preliminary conceptual plans
will be subject to approval through the Major Architectural Approval (MAA) process. This
process will involve including stakeholders (Desert Highland community, DHUC staff,
City staff, etc.) in the process to develop the conceptual plans. Staff has included in the
scope of work the preparation of a maximum of three conceptual plans, one of which will
be decided upon by City staff to represent the best proposal to expand the existing
facility and link the Gymnasium and Recreation Buildings of the DHUC together. The
terms of the contract are established whereby the compensation associated with
developing the conceptual plans is based on a time/materials basis, and staff will
carefully oversee the hours required by IDC during this phase of the project in order to
keep the costs below the "not to exceed" limits provided for in the proposed agreement.
Further processing of the selected preliminary conceptual plan is required through formal
review by the Desert Highland Neighborhood, the Design Review Committee, Planning
Commission, and finally with City Council. Staff has included a maximum of six
meetings in the scope of the contract, making the assumption that the preliminary
conceptual plan reviewed through the MAA process will be met with little opposition and
will require minor revisions, as may be suggested by either the Desert Highland
Neighborhood, the Design Review Committee, Planning Commission and/or City
Council. In the event the preliminary conceptual plan presented through the MAA
process is met with disapproval by Planning Commission and/or City Council,
consideration of additional compensation will be required in order to allow for IDC to
prepare alternative conceptual plans for review and approval. It is staff's intent to
include all appropriate stakeholders, including a representative from City Council if it
should be Council's preference, in the development of the preliminary conceptual plan
from the beginning to avoid receiving suggestions or comments to revise the plan during
the final review process. The terms of the contract are also established for this scope of
work whereby the compensation associated with MAA processing is based on a
time/material basis, and staff will also carefully oversee the hours required by IDC in this
phase of the project in order to keep the costs below the "not to exceed" limits provided
for in the proposed agreement.
The scope of work to prepare final construction documents based on an approved
conceptual plan is on a fixed fee basis. However, the final two phases of the contract
(advertisement and bidding, and construction administration), are based on a
time/material basis. It is staff's intent in establishing specific sub-tasks of the contract on
a fixed fee basis, and others on a time/material "not to exceed" limit, so that in the end,
the actual total contract cost may be below the proposed total contract fee of $77,900.
With the hope that initial buy-in to the preliminary conceptual plan by all affected
stakeholders will allow for a smooth MAA process and approval by City Council, the
actual hours expended by IDC on those time/material sub-tasks will be substantially less
than the total hours allowed.
Staff initially disagreed with the proposed fee for this contract, in that the fee represented
almost 40% of the entire project budget. However, in consulting with IDC, the consultant
performed additional field surveys of the facility, interviewed facility staff, and performed
a conceptual calculation of the approximate cost to construct the proposed addition
and/or expansion of the facility. The consultant's Preliminary Opinion of Probable Costs
is included as Attachment 2, and reveals that the consultant expects this project to cost
in excess of $350,000. In this case, the proposed fee for this contract represents
James O. Jessie Desert Highland Unity Center Expansion
October 6, 2004
Page 4
approximately 18% of the overall cost of the project, if indeed the cost to construct the
addition and/or expansion of the facility is equivalent to the consultant's current opinion
of probable cost.
It is staff's recommendation that City Council approve the proposed agreement, and
allow staff to proceed with this important public project, funded through the CDBG
Program. However, it is important to clarify that in approving the proposed agreement
City Council is implying its continued support of this CDBG funded project. Using the
consultant's opinion of probable cost, additional CDBG funds will be required for
construction. Unallocated CDBG funds are available for this project should Council
desire to proceed with approval of the proposed contract and the expansion of the
Desert Highland Unity Center. A future allocation of CDBG funds from the next fiscal
year's CDBG Program may also be required should unallocated CDBG funds be
insufficient to provide the total required budget for this project.
Staff also recommends approval of the proposed agreement to show evidence of
progress with this project, as its progress is important in that it represents a significant
portion of the two fiscal year CDBG Program budgets, and the Department of Housing
and Urban Development (HUD) will perform a "snap-shot" of the City's timely
expenditure rate of CDBG funds on April 15, 2005. In the event this project is delayed,
and staff can not demonstrate timely expenditure of funds to HUD, HUD has the ability of
decreasing the allocation of CDBG funds to the City for its next year's CDBG Program.
With approval of this contract, it is intended to have construction drawings ready for
bidding such that award of a construction contract can occur by April 2005.
Sufficient funds are available in the CDBG fund accounts 137-4804-63544 (PSParks-
JOJDC Unity Cntr) and 137-4805-63544 (PSParks-JOJDC Unity Cntr).
SUBMITTED:
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DAVID J. BARAKIAN JOHN S. RAYMOND
Director of Public Works/City Engineer Director of Economic & Community
Development
APPROVED:
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a�VID H. R Y
Ci Manage
ATTACHMENTS:
1. Agreement
2. Preliminary Opinion of Probable Costs
3. Minute Order (2)
CITY OF PALM SPRINGS
Public Works and Engineering Department
CONTRACT SERVICES AGREEMENT FOR
ARCHITECTURAL SERVICES
JAMES O. JESSIE DESERT HIGHLAND UNIT CENTER EXPANSION
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this
day of 2004, by and between the CITY OF PALM SPRINGS, a municipal
corporation,(herein"City')and Interactive Design Corporation, (herein"Contractor"). The term Contractor
includes professionals performing in a consulting capacity. The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
the Contractor shall provide those services specified in the"Scope of Services"attached hereto as Exhibit"A"
and incorporated herein by this reference,which services may be referred to herein as the"services"or"work"
hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and
warrants that Contractor is a provider of first class work and services and Contractor is experienced in
performing the work and services contemplated herein and, in light of such status and experience,Contractor
covenants that it shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement,the phrase"highest professional standards"shall mean those standards of practice recognized
by one or more first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal
or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall
govern.
1.3 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.
1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits and approvals as may be required by law for the performance
of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest,which may be imposed by law and arise from
or are necessary for the Contractor's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest
levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor(a) has thoroughly investigated and considered the scope of services to be performed, (b) has
carefully considered how the services should be performed and (c)fully understands the facilities, difficulties
and restrictions attending performance of the services under this Agreement. If the services involve work
upon any site, Contractor warrants that Contractor has, or will, investigate the site and is or will be fully
acquainted with the conditions there existing, prior to commencement of services hereunder. Should the
Contractor discover any latent or unknown conditions, which will materially affect the performance of the
services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except
at Contractor's risk until written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers,
documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City, except such
losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and
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diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith
to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to
carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for
the service of the other.
1.8 Additional Services. City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of
Services or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein
any adjustment in(i)the Contract Sum,and/or(ii)the time to perform this Agreement,which said adjustments
are subject to the written approval of the Contractor. Any increase in compensation of up to five percent(5%)
of the Contract Sum or$25,000;whichever is less, or in the time to perform of up to one hundred eighty(180)
days may be approved by the Contract Officer. Any greater increases,taken either separately or cumulatively
must be approved by the City Council. It is expressly understood by Contractor that the provisions of this
Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated
therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant
to the Scope of Services may be more costly or time consuming than Contractor anticipates and that
Contractor shall not be entitled to additional compensation therefore.
1.9 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in the"Special Requirements" attached hereto as Exhibit
"B"and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B"
and any other provisions of this Agreement, the provisions in Exhibit"B" shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as
Exhibit"C" and incorporated herein by this reference, but not exceeding the contract amount not to exceed
Seventy-Seven Thousand Nine Hundred Dollars($77,900.00)(herein"Contract Sum").except as provided
in Section 1.8. The method of compensation may include (i) a lump sum payment upon completion, (ii)
payment in accordance with the percentage of completion of the services,(iii)paymentfor time and materials
based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the
Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs,
telephone expense, transportation expense approved by the Contract Officer in advance, and no other
expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor 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 Contractor wishes to receive payment, no later than the
first (1")working day of such month, Contractor shall submit to the City in the form approved by the City's
Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in
Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant
to this Agreement no later than the last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s)
established in the"Schedule of Performance"attached hereto as Exhibit"D", if any, and incorporated herein
by this reference. When requested by the Contractor, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred
eighty (180) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of any delays
due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation,
and/or acts of any governmental agency, including the City, if the Contractor shall within ten(10)days of the
commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract
Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for
the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified.
The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no
event shall Contractor be entitled to recover damages against the City for any delay in the performance of this
Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement,
this Agreement shall continue in full force and effect until completion of the services but not exceeding one
(1)year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit"D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are hereby
designated as being the principals and representatives of Contractor authorized to act in its behalf with respect
to the work specified herein and make all decisions in connection therewith:
Reuel A.Young
Michael McAuliffe
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing
principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing
principals shall be responsible during the term of this Agreement for directing all activities of Contractor and
devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement,the
foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor
without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated
by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is
kept informed of the progress of the performance of the services and the Contractor shall refer any decisions
which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority
to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of Contractor, its principals and employees were a substantial inducement for the
City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in
whole or in part the services required hereunder without the express written approval of the City. In addition,
neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the
prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group
of persons acting in concert of more than twenty five percent(25%)of the present ownership and/or control
of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved
transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release the Contractor or any surety of Contractor of any liability hereunder without the express consent of
City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with offices
located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons
or entities with offices located in the Coachella Valley("Local Subcontractors"). Contractor hereby agrees to
use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to
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perform the work required. In requesting for the City to consent to a subcontract with a person or entity that
is not a Local Subcontractor,the Contractor shall submit evidence to the City that such good faith efforts have
been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be
evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local
Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a
particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts
and subcontracts hereunder for the period specified in Section 6.2.
4.4 Independent Contractor. Neither the City nor any of its employees shall have any
control over the manner, mode or means bywhich Contractor, its agents or employees, perform the services
required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Contractor's employees,servants,representatives or agents,or in fixing their number,
compensation or hours of service. Contractor shall perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that
it or any of its agents or employees are agents or employees of City. City shall not in any way or for any
purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer
or a member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement including any
extension thereof, the following policies of insurance:
(a) Commercial General Liabilitylnsurance. A policyof commercial general liability insurance
written on a per occurrence basis with a combined single limit of at least$1,000,000 bodily injury and property
damage including coverages for contractual liability, personal injury, independent contractors, broad form
propertydamage,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 mayinclude professional liability
insurance, will be specified in Exhibit"B".
All of the above policies of insurance shall be primary insurance and issued by companies whose rating
satisfies the requirements in Section 5.4 of this agreement. The insurer shall waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents, and their respective insurers. In
the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or
services under this Agreement shall commence until the Contractor has provided the City with Certificates of
Insurance,endorsements or appropriate insurance binders evidencing the above insurance coverages and said
Certificates of Insurance, endorsements, or binders are approved by the City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any
way the extent to which the Contractor may be held responsible for the payment of damages to any persons or
property resulting from the Contractor's activities or the activities of any person or person for which the
Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this
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Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to
maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them, and each of them, harmless from any and all actions, suits,
claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities,
(herein "claims or liabilities")that may be asserted or claimed by any person,firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of
Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term,
provision, covenant or condition of this Agreement, 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 sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly
responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims
or liabilities and will pay all costs and expenses, including legal costs and attorneys'fees incurred in connection
therewith;
(b) Contractor will promptly pay anyjudgment rendered against the City,its off icers,agents
or employees for any such claims or liabilities arising out of or in connection with the negligent performance of
or failure to perform such work,operations or activities of Contractor hereunder;and Contractor agrees to save
and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees are made a party to any action
or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in
connection with the negligent performance of orfailure to perform the work,operation or activities of Contractor
hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and
expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not
limited to, legal costs and attorneys'fees.
5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall
deliver to City a performance bond in the sum of the amount of this Agreement,in the form provided by the City,
which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract
Officer. The bond shall contain the original, notarized signature of an authorized officer of the surety and affixed
thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and
remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly
and faithfully performs all terms and conditions of this Agreement. (Not applicable).
5.4 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 Contractor 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; provided that the Contractor shall have the right to appeal a determination of
increased coverage by the City Manager to the City Council of City within ten(10)days of receipt of notice from
the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract Officer shall
require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services
to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes
aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the
cost of the work or services contemplated herein or, if Contractor is providing design services,the cost of the
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project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance,
technique or event and the estimated increased or decreased cost related thereto and,if Contractor is providing
design services, the estimated increased or decreased cost estimate for the project being designed.
6.2 Records. Contractor shall keep,and require subcontractors to keep, such books and
records as shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to
such books and records at all times during normal business hours of City, including the right to inspect, copy,
audit and make records and transcripts from such records. Such records shall be maintained for a period of
three(3)years following completion of the services hereunder, and the City shall have access to such records
in the event any audit is required
6.3 Ownership of Documents. All drawings, specifications, reports, records, documents
and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of
this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer
or upon the termination of this Agreement.Contractor shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights of ownership of the documents and materials
hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Contractor will be at the City's sole risk and without liability to
Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may
retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts
embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared
by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all
damages resulting therefrom.
6.4 Release of Documents. The drawings,specifications,reports,records,documents and
other materials prepared by Contractor in the performance of services under this Agreement shall not be
released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as to validity
and to performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the
Superior Court of the County of Riverside, State of California, or any other appropriate court in such county.
Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party
shall notify the injuring party, in writing, of its contentions by submitting a claim therefor. The injured party shall
continue performing its obligations hereunder so long as the injuring party commences to cure such default
within ten(10)days of service of such notice and completes the cure of such default within forty-five(45)days
after service of the notice, or such longer period as may be permitted by the injured party; provided that if the
default is an immediate danger to the health, safety and general welfare, such immediate action may be
necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this
Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to
take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the
Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount
payable to Contractor(whether or not arising out of this Agreement)(i)any amounts the payment of which may
be in dispute hereunder orwhich are necessary to compensate Cityfor any losses,costs,liabilities,or damages
suffered by City, and(ii)all amounts for which City may be liable to third parties, by reason of Contractor's acts
or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that
any claim is made by a third party,the amount or validity of which is disputed by Contractor,or any indebtedness
shall exist which shall appear to be the basis for a claim of lien, City maywithhold 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 Contractor to
insure, indemnify, and protect City as elsewhere provided herein.
6 /-T
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, at
the same or different times,of any other rights or remedies for the same default or any other default by the other
party.
7.6 Legal Action. In addition to any other rights or remedies, either party may take legal
action, in law or in equity,to cure,correct or remedy any default,to recover damages for any default,to compel
specific performance of this Agreement,to obtain declaratory or injunctive relief, or to obtain any other remedy
consistent with the purposes of this Agreement.
7.7 Liquidated Damaqes. 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 Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero
Dollars($0.00)as liquidated damages for each working day of delay in the performance of any service required
hereunder, as specified in the Schedule of Performance(Exhibit"D"). The City may withhold from any monies
payable on account of services performed by the Contractor 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 Contractor,except that where termination is due to the fault of the Contractor,the period of notice may
be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the
right to terminate this Agreement at any time,with or without cause, upon sixty(60)days written notice to City,
except that where termination is due to the fault of the City, the period of notice may be such shorter time as
the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease
all services hereunder except as may be specifically approved by the Contract Officer. Except where the
Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered
prior to the effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or as may be approved by the Contract Officer,
except as provided in Section 7.3. In the event the Contractor has initiated termination,the Contractor shall be
entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the
event of termination without cause pursuant to this Section, the terminating party need not provide the non-
terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations under this Agreement,City may,after compliance with the provisions of Section
7.2,take over the work and prosecute the same to completion by contract or otherwise,and the Contractor shall
be liable to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages),
and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the
amounts owed the City as previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or
made a party to any action or proceeding in anyway connected with this Agreement,the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be
entitled to reasonable attorney's fees. Attorney'sfees shall include attorney's fees on any appeal,and in addition
a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,
taking depositions and discovery and all other necessary costs the court allows which are incurred in such
litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Emplovees. No officer or employee of the City shall
be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the
City or for any amount which may become due to the Contractor or to its successor, or for breach of any
obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest,
direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating
to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or
association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The
Contractor warrants that it has not paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, byandfor itself,its heirs,
executors,assigns,and all persons claiming under or through them,that there shall be no discrimination against
or segregation of, any person or group of persons on account of race,color, creed, religion, sex, marital status,
national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to
insure that applicants are employed and that employees are treated during employment without regard to their
race, color, creed, religion, sex, marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Anynotice,demand,request,document,consent,approval,orcommunication
either party desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the
attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263.
In the case of the Contractor, it should be addressed to the person at the address designated on the execution
page of this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two
(72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed 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 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid
provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and
deliver this Agreement on behalf of said party,(iii)by so executing this Agreement, such party is formally bound
to the provisions of this Agreement, and (iv)the entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound.
-8-
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written
above.
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
CONTRACTOR:
Interactive Design Corporation
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subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the capaclty(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the instrument the person(s), or the entity upon behalf of which the
person(s)acted,executed the instrument. person(s)acted,executed the instrument.
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EXHIBIT "A"
SCOPE OF SERVICES
The intent of this contract is to provide the City with a full range of professional architectural design services in
connection with the James O.Jessie Desert Highland Unity Center Expansion, City Project 04-05, (as detailed
in the City's Request for Proposals, incorporated herein by reference), as necessary to provide preliminary
conceptual architectural drawings of an addition and/or expansion of approximately 1,700 square feet of the
existing facility to be located between the existing Gymnasium and Recreation Buildings, consisting of(but not
limited to) the following: a multi-purpose room and lobby area, required modifications of existing mechanical
systems (if any) or new independent mechanical systems, modifications to existing restrooms as may be
necessary to meet current ADA regulations, shared entry/common access improvements, automatic fire
sprinkler system and alarm system, and exterior lighting; and architectural services as necessary to provide
Plans, Specifications and Estimate (PS&E)with which to facilitate construction of the project.
Task 1.0 Proiect Management
Task 1.1 Hold PDT Meetings. A Project Development Team (PDT) including representatives from the City
of Palm Springs and from Contractor shall be established after Notice to Proceed(NTP). A kick off meeting with
the PDT shall be held as soon as possible after NTP. A maximum of six(6)PDT meetings with the City of Palm
Springs Project Manager and other representatives from affected agencies shall be held once a month, or as
required.The team leaders and/or sub-consultants shall attend PDT meetings as appropriate.Consultant shall
prepare minutes for each meeting and distribute the minutes to all attendees and other interested parties.
Task 1.2 Progress Reports. Progress reports shall be prepared in accordance with City of Palm Springs
guidelines.Contractor's progress reports typically include:Schedule updates,including a comparison of planned
completion, actual completion, and % billed; an Executive Summary; a list of outstanding issues; and a
description of completed activities. A maximum of six (6) Progress Reports shall be prepared monthly, or as
required. Contractor shall prepare monthly reports of expenditures for the project by task and milestone.
Expenditures include direct labor costs, other direct costs and sub-consultant costs. These reports shall be
included as supporting data for invoices presented to the City of Palm Springs every month. Contractor shall
also provide"Action Item" lists to keep all PDT members informed of project progress.
Task 1.3 Project Schedule.After receipt of the Notice to Proceed (NTP), Contractor shall provide a detailed
project schedule to the City of Palm Springs for review and comment, and shall revise throughout the project
duration to reflect project status.
Task 1.4 Kick-Off Meeting. This meeting shall include;
a. Clearly defining work tasks to be accomplished.
b. Finalizing the project schedule including critical milestones, and deliverables.
c. Identifying and discussing existing project constraints and concerns.
Task 2.0 Plans. Specifications and Estimate(PS&E)
Task 2.1 Pre-Design Services. Contractor shall tour the existing James O. Jessie Desert Highland Unity
Center and document existing conditions photographically; collect existing information including drawings,
specifications and reports; collect record information and inventory existing improvements, (field review and
inspect existing facilities). Record drawings are on file with the City.
Contractor shall Interview James O. Jessie Desert Highland Unit Center staff in evaluating facility expansion
requirements; develop a comprehensive list of existing deficiencies to be addressed in the expansion; and
coordinate expansion of the facility with existing utilities and related capacities.
Task 2.2 Conceptual Design. Contractor shall develop three(3) alternative"conceptual"architectural plans
of the facility expansion for review by the City. Contractor shall coordinate the functional and circulation aspects
of the conceptual designs through conferences with City staff. Afinal conceptual design will be selected by City
staff for further consideration by the City.Contractor shall develop the alternative conceptual architectural plans
in accordance with the project budget, and develop plans for the an addition and/or expansion of the existing
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facility that can be constructed for approximately $350,000 unless otherwise increased as a result of City
approved design scope changes and/or market factors escalating initial architectural construction estimates.
Conceptual designs shall consist of a preliminary schematic design package for review and approval including:
a Site Plan, a Floor Plan, Exterior Elevations, and Site and Building Section, as may be required.
Contractor shall submit conceptual designs for review by the City staff, and make modifications as required;
further refine the design concept for preliminary review and approval.
Contractor shall provide a preliminary construction cost estimate based on approximate quantities and historical
construction costs for similar projects for City review of each conceptual design.
Contractor shall prepare presentation type drawings of the site plan, floor plans and building elevations.
The final conceptual design selected by City staff shall be subject to formal approval through the Major
Architectural Approval (MAA) process prior to preparation of construction plans.
Task 2.3 Major Architectural Approval
Task 2.3.1 Major Architectural Approval Submittal Package: Contractor shall prepare a formal submittal
package for purposes of processing the conceptual design through the MAA process. The formal submittal shall
consist of professionally prepared exhibits and presentation materials, including color and material board, site
plan,floor plan, architectural elevations, and other information necessary to obtain the required approval of the
conceptual design.
Task 2.3.2 Major Architectural Approval Meetings. Contractor shall process the selected conceptual design
for review and comment by the Desert Highland Neighborhood, Design Review Committee, Planning
Commission, and City Council. A maximum of six(6)public meetings are included in the scope of this contract.
Desert Highland Neighborhood. Contractor shall present the final conceptual design selected by City staff
in Task 2.2. City staff shall schedule a meeting to be held at the Desert Highland Unity Center for presentation
of the conceptual design to the neighborhood and interested residents. Comments shall be solicited from those
attending and a record of concerns,suggestions,and criticisms of the proposed conceptual design shall be kept
by Contractor. In consultation with City staff, revisions to the conceptual design shall be made to address the
comments received from the Desert Highland neighborhood and interested residents. A subsequent meeting
shall be scheduled (if required)at the Desert Highland Unity Center for presentation of the revised conceptual
design. A record of continuing concerns, suggestions, and criticisms of the proposed conceptual design shall
be kept by Contractor. A maximum of two (2) public meetings with the Desert Highland Neighborhood are
included in the scope of this contract.
Design Review Committee. Contractor shall revise the conceptual design as may be required to address
comments received from the Desert Highland Neighborhood, and submit to City staff for review and approval.
Contractor shall present the conceptual design to the Design Review Committee (DRC) for its review,
comments, and recommendation. Contractor shall revise the conceptual plan as requested by the DRC, and
resubmit and present the revised concept at a subsequent DRC meeting for its final review and
recommendation, if required.A maximum of two (2) DRC meetings are included in the scope of this contract.
Planning Commission. Contractor shall revise the conceptual design as required by the Design Review
Committee and present the conceptual design to the Planning Commission for its review, comments, and
recommendation. If necessary, Contractor shall revise the conceptual plan as requested by the Planning
Commission,and resubmitthe revised conceptual design for presentation by City staff at a subsequent Planning
Commission meeting for its final review and recommendation. A maximum of one (1) Planning Commission
meeting is included in the scope of this contract.
City Council. Contractor shall revise the conceptual design as required by the Planning Commission and
present the conceptual design to the City Council for its review, comments, and approval. If necessary,
Contractor shall revise the conceptual plan as requested by the City Council, and resubmit the revised
conceptual design for presentation by City staff at a subsequent City Council meeting for its final review and
approval. A maximum of one (1) City Council meeting is included in the scope of this contract.
WVS
Task 2.4 Construction Documents. With the intention of completing the design of the project, the
Contractor's services during this phase of the project will include preparation of PS&E, as follows:
Task 2.4.1 -80%Submittal. Contractor shall prepare and provide to the City PS&E for review, in accordance
with the City Council approved conceptual design. Duplicate sets of construction drawings and associated
structural and technical calculations shall be provided as necessary to submit to the Building Division for plan
check permit review.
Contractor shall prepare and provide to the City for review and comment technical specifications and special
provisions for the project. City standard "boiler plate" special provisions, using Construction Specifications
Institute (CSI) Standard Specifications format in Microsoft Word 5.0 shall be used, as provided by the City.
Contractor shall provide technical assistance and coordination regarding submitting construction documents
required for Building, Planning, Engineering and Fire Prevention (plan check) approval.
Contractor shall provide a detailed cost estimate for City review.
Contractor shall coordinate the operational aspects of the project as to mechanical,electrical, phone,electronic
communications, fire system, and alarm systems.
Task 2.4.2 100%Submittal. Contractor shall revise the 80% submittal to reflect all City comments, and shall
provide a final cost estimate based on the 100% submittal.
Task 2.4.3 Final Approval Submittal. Contractor shall revise the 100% submittal to reflect all previous
comments. Contractor shall provide an original set of mylar plans to the City for signature and duplicate print
copies to the Building Department for approval;and shall provide a print copy of the technical specifications and
special provisions, stamped and signed by the Contractor, to the City for signature. A digital copy of plans in
AutoCad format, and a digital copy of the technical specifications and special provisions in Microsoft Word 5.0
shall be provided. An original, stamped cost estimate shall be provided to the City.
Task 3.0 Project Advertisement and Bidding
Contractor shall provide the City with assistance as required during the project advertisement and bidding
period.
Task 3.1 Pre-Bid Meeting. Contractor shall attend a pre-bid meeting to be scheduled in advance of the bid
opening date. Contractor shall monitor the meeting and field all questions asked by potential bidders.Contractor
shall prepare minutes of the pre-bid meeting within two (2) days following the pre-bid meeting for distribution
to all attendees by the City. Note, this scope of work is only required if the City determines that scheduling of
a pre-bid meeting for this project is required. In the event a pre-bid meeting is not scheduled, the Contractor
shall not be entitled to compensation for this task item of work as indicated therefore.
Task 3.2 Bidding Interpretations. Contractor shall review and respond to all inquiries and questions,
"Requests for Information" (RFI's), relating to the plans and specifications during project advertisement and
bidding. Contractor shall respond to any and all discrepancies, errors or omissions within the plans through a
formal written response to RFI's submitted to the City, for subsequent use in the issuance of an addendum,
prepared and issued by the City.
Task 3.3 Value Engineering. In the event the low bid for the project is 10%or more than the final cost estimate
prepared by the Contractor prior to bidding, the Contractor shall obtain copies of submitted bids for review and
analysis. Contractor shall compare the construction bids with the final cost estimate and identify specific
construction bid cost overruns.Contractor, in consultation with the City, shall determine and be responsible for
"value engineering"if construction bids are acceptable,or recommend re-bidding, as necessary.The City shall
have the right to a final determination if re-bidding or value engineering is appropriate. Note,this scope of work
is only required if the low bid for the project is 10% or more than the final cost estimate prepared by the
Contractor. In the event the low bid for the project is within 10% of the final cost estimate, the Contractor shall
not be entitled to compensation for this task item of work as indicated therefore. (00
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Task 4.0 Construction Administration
Contractor shall provide the City with assistance as required during the construction phase of the project.
Task 4.1 Site Meeting. Contractor shall arrange for attendance at a maximum of six(6)site meetings with City
staff and the construction contractor throughout the construction phase of the project, as necessary to provide
the City with adequate supervision of construction of the project as the Architect of Record.
Task 4.2 Submittal Review. Contractor shall be available to review any and all submitted "shop drawings",
materials, and other information submitted by the construction contractor for review and approval by the City
throughout the construction phase of the project.
Task 4.3 Change Order and Clarifications. Contractor shall be available to review and recommend approval
or denial of any and all proposed Contract Change Orders or other clarifications submitted by the construction
contractor for review and approval by the City throughout the construction phase of the project.
Task 4.4 Project Close-Out. Contractor shall review all project information, construction records, and other
information as necessary to provide a final approval of the "as-built" condition of the project, and to determine
that the project was constructed in accordance with the approved plans and specifications.
(11�17
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EXHIBIT"B"
SPECIAL REQUIREMENTS
Section 5.1(d),a policyof Professional Errors and Omissions insurance in the amountof$1,000,000 is required.
Section 5.3, Performance Bond, is waived.
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EXHIBIT"C"
SCHEDULE OF COMPENSATION
Full compensation for required services included in this contract shall be made on lump sum fixed fee (as
identified for specific sub-tasks), and on a "not to exceed" time and materials basis, in accordance with the
following hourly Fee Schedule as shown on Exhibit "C-1", (as identified for specific sub-tasks), for a total
contract amount not to exceed$77,900.00. Compensation for the listed sub-task fees includes compensation
for all reimburseable expenses. No separate payment for reimburseable expenses shall be approved.
Contractor shall submit invoices, no more than once monthly, providing the City with a summary of services
provided, personnel associated with the services provided,the associated hourly compensation in accordance
with the attached Fee Schedule, and the total invoice amount.
Sub-Task Task Total
Fee Fee
Task 1.0, Project Management --- $5,600.00
Task 1.1, Hold PDT Meetings (Time & Materials) $2,400.00 ---
Task 1.2, Progress Reports (Time & Materials) $2,400.00 ---
Task 1.3, Project Schedule (Fixed Fee) $400.00 ---
Task 1.4, Kick-Off Meeting (Fixed Fee) $400.00 ---
Task 2.0, Plans, Specifications and Estimate (PS&E) --- $55,100.00
Task 2.1, Pre-Design Services (Fixed Fee) $2,500.00 ---
Task 2.2, Conceptual Design (Time & Materials) $8,000.00 ---
Task 2.3.1, MAA Submittal Package (Fixed Fee) $5,600.00 ---
Task 2.3.2, MAA Meetings (Time &Materials) $6,000.00 ---
Task 2.4.1, 80% Submittal (Fixed Fee) $23,000.00 ---
Task 2.4.2, 100% Submittal (Fixed Fee) $4,500.00 ---
Task 2.4.3, Final Approval Submittal (Fixed Fee) $5,500.00 ---
Task 3.0, Project Advertisement& Bidding --- $8,100.00
Task 3.1, Pre-Bid Meeting (Fixed Fee) $500.00 ---
Task 3.2, Bidding Interpretations (Time & Materials) $1,600.00 ---
Task 3.3, Bid Review and Analysis (Time & Materials) $6,000.00 ---
Task 4.0, Construction Administration --- $9,100.00
Task 4.1, Site Meetings (Time & Materials) $3,000.00 ---
Task 4.2, Submittal Review(Time & Materials) $2,000.00 ---
Task 4.3, Change Order and Clarifications (Time & Materials) $2,500.00 ---
Task 4.4, Project Close-Out (Time & Materials) $1,600.00 ---
Grand Total of this Contract (Not to Exceed) $77,900.00
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EXHIBIT °C-1"
SCHEDULE OF COMPENSATION
HOURLY FEE SCHEDULE
Sub-tasks identified as compensation based on a"time and materials" basis, shall be compensated based on
the hourly fee schedule for Interactive Design Corporation, as submitted on their cost proposal dated July 30,
2004, as follows:
Principal Architect: $140 per hour
Architect: $125 per hour
Project Manager: $90 per hour
CADD/Designer: $75 per hour
Staff: $45 per hour
Invoices for compensation of sub-tasks based on a time and material fee shall include an hourly breakdown of
the personnel for which the services were provided.
a
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EXHIBIT"D"
SCHEDULE OF PERFORMANCE
Tasks 1.1 and 1.2 shall be commenced upon receipt of a Notice to Proceed(NTP)from City and be completed
within 6 months of NTP.
Tasks 1.3 and 1.4 shall be completed within 3 weeks of NTP.
Task 2.1 shall be completed within 5 weeks of NTP.
Task 2.2 shall be completed within 10 weeks of NTP.
Task 2.3 shall be completed within 13 weeks of NTP,or as may be extended upon approval by City if additional
meetings are required beyond the scope of this contract.
Task 2.4.1 shall be completed within 4 weeks of approval of the conceptual design by the City Council.
Task 2.4.2 shall be completed within 2 weeks of receipt of comments on the 80% submittal from City staff.
Task 2.4.3 shall be completed within 5 weeks of receipt of comments on the 100% submittal from City staff.
Task 3.1 shall be completed when scheduled by City staff.
Task 3.2 shall be completed as necessary during the bidding period of the project.
Task 3.3 shall be completed as necessary upon completion of bidding of the project.
Task 4 shall be completed as necessary during the construction phase of the project.
Y
-17-
IDC #0422 Desert Highland Unity Center 9/23/2004
Preliminary
O inion of Probable Costs
_ unit qty - $/unit line _
Mobilization_ LS _- 1 _2,500'_ 2,500
Demolition LS _ 10,OOOI 10,000
Tie-into utilities LS 1 6,000II 6,000
- - -� - 0
Grading &drainage LS 1 6,00 6,000_
Concrete SF 2000 10' 20,000
Framing_- SSF 2500 35 87,500 -_
Insulation LS 1 2,500 2,500 -
Roofing _ _ SF_ 2500 _ 4_ 10,000
Doors &Windows _ LS 1 8,000I 8,0000
Plaster _ ISF 1500- 7r 10,500
Drywall _ SF 4000 2 8,000
Paint _ _ISF 6000 21 12,000
Flooring _ SF 2000 4 8,000
- - - F= -
Equipment- LS 1 5,000 5,000
Plumbing - - - -- p --
Roof drains EA 2 1,200 2,400
Sprinklers SF 2500 2 5,000
HVAC _ _ TON 8 1,400 11,200I- ---
- 0
Electrical
Power IS 1 4,000 4,000
Lighting EA_g g __ _ - 20 350 7,000
Exterior - LS -
1 3,000 31000�
Hardsca SF 1500 _8� 1a,000�pe
Landscape LS 1 , -10,000', 10.000� -
Tie-into building/repairs LS 1 �10,000 10,000
-- -
subtotal hard costsl 260,600 260,600
Gen Conditions_ _ percent 6% _ 260,600 15,636�
ds a Bonnd Ins _ nt -- 260,6-00(perce 7,818' -
--
O_v_edrhead and r profit percent -_ - 10% 260,600I 26,060
subtotal gen cond + o/pp 49,514 49,514
TOTAL CONSTRUCTION 310,114
Contingency percent 15% 110,114 46,517
-- - -� �- - --� 46,517
TOTAL CONSTRUCTION BUDGET 356,631
COST ON PER SF BASIS i- - - - -
Meeting rooms (28 x 40) ISF _ 150 1,200I 180,000
Patio SF 60 600 36,000
Encloseexistin patio BLS 100F 500I 50,000
construction costs 1 266,000
Y� 1 �4�_
1 of 1
MINUTE ORDER NO.
APPROVING A CONTRACT SERVICES AGREEMENT IN
THE AMOUNT OF $77,900.00 WITH INTERACTIVE
DESIGN CORPORATION, FOR THE JAMES O. JESSIE
DESERT HIGHLAND UNITY CENTER EXPANSION, CITY
PROJECT 04-05
I HEREBY CERTIFY that this Minute Order, approving a contract services agreement in
the amount of $77,900.00 with Interactive Design Corporation, for the James O. Jessie
Desert Highland Unity Center Expansion, City Project 04-05, was adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the 6'h day of
October, 2004.
PATRICIA A. SANDERS
City Clerk
MINUTE ORDER NO.
NOT APPROVING A CONTRACT SERVICES
AGREEMENT WITH INTERACTIVE DESIGN
CORPORATION, AND AUTHORIZING STAFF TO
REISSUE A REQUEST FOR PROPOSALS FOR
ARCHITECTURAL DESIGN SERVICES FOR THE JAMES
O. JESSIE DESERT HIGHLAND UNITY CENTER
EXPANSION, CITY PROJECT 04-05
I HEREBY CERTIFY that this Minute Order, not approving a contract services
agreement with Interactive Design Corporation, and authorizing staff to reissue a
Request for Proposals for architectural design services for the James O. Jessie Desert
Highland Unity Center Expansion, City Project 04-05, was adopted by the City Council of
the City of Palm Springs, California, in a meeting thereof held on the 61h day of October,
2004.
PATRICIA A. SANDERS
City Clerk