HomeMy WebLinkAbout10 C42290 Discover Palm Desert Contract
STAFF REPORT
CITY OF PALM DESERT
DEVELOPMENT SERVICES DEPARTMENT
DATE: October 28, 2021
PREPARED BY: Eric Ceja, Deputy Director of Development Services/Economic
Development
REQUEST: Consideration to enter into a Professional Services Agreement
(Contract No. C42290) with Prest Vuksic and Greenwood Architects
(PVGA) for work related to Discover Palm Desert, a new Visitor
Center located at Palm Desert Civic Center
Recommendation
By Minute Motion, approve Contract No. C42290, authorizing the allocation of
$118,500 for design services to PVGA for Discover Palm Desert Visitor
Center.
Strategic Plan
• Tourism and Marketing – Priority 1: “Improve access to Palm Desert and its
attractions to enhance the ease of lifestyle.”
• Economic Development – Priority 4: “Expand and raise awareness of business-
friendly services in order to retain and attract business.”
Background Analysis
On January 10, 2019, the City Council awarded eight separate contracts for on-call
professional design services for a term of 18-months ending on July 1, 2020 (Contract
No. C38040E). PVGA was one of the architectural firms awarded a contract as part of the
approval. On January 24, 2019, a study session was held with the City Council to discuss
options for the operations of the Visitor Center. At that meeting, options were provided to
either construct a new visitor center somewhere in the City or lease space along Highway
111 or El Paseo. The City Council was ultimately supportive of further exploring the option
to construct a new visitor center.
In May 2019, the City began working with PVGA on the “Discover Palm Desert Visitor
Center,” a project to construct a 2,500-square-foot, standalone Visitor Center on 0.5 acres
adjacent to the Skate Park at Palm Desert Civic Center. Since May, City staff has
continued to work with PVGA on potential site configurations and building design options;
however, the contract formally expired in July 2020. PVGA continues to work with staff
October 28, 2021 – Staff Report
Discover PD – PVGA Contract
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on the design options that fit within the City’s budgetary constraints for the project and
continues this work despite the expiration of the contract in July 2020.
Discussion
In the past, the City has entered into on-call contracts for professional services and
procurements, including professional architectural services. Section 3.30.016
“Exceptions to procurement methods” of the Palm Desert Municipal Code (PDMC) allows
limited exceptions to the City’s contract procedures. Subsection “I” of the ordinance states
that “when the City Council or City Manager authorizes the award and execution of
contracts, subject to the dollar limits consistent with this chapter, and without competitive
bidding provided that the City Council or City Manager finds that such award is in the best
interest of the City or of public health, safety and welfare.” Staff believes that it is in the
best interest of the City to continue working with PVGA on this project based on their
familiarity with the project, the substantial work already performed, and their ability to
move the project forward in a timely manner.
Staff will continue to work with PVGA as design options are still under consideration.
PVGA has performed a substantial amount of work to date and has been attentive in
addressing staff design and budget concerns. The proposal for City Council consideration
is for $118,500, which allows the City to continue working through the schematic design
phase through construction documents and construction support.
However, staff is only seeking $25,000 to continue working with PVGA through the
entitlement phase of their proposal. This is recommended as the final design and a
budgetary commitment to construct the project remain unclear. However, with substantial
progress already achieved and a firm City Council commitment, it is in the best interest
of the City to continue working with PVGA.
Once the entitlement portion of the project is complete and approved by the City Council,
staff will release a separate Request for Proposals (RFP) to construct the project. Staff
will submit this contract to the City Council for final approval of the construction budget.
Recommendation
Staff recommends the following:
1. That the City Council commit to using the 0.5-acre site adjacent to the skate park
for a new Visitor Center location.
2. That the City Council allocate a total of $118,500 from the Capital Improvement
Restricted Project Fund (451) to continue using PVGA for entitlements,
construction document preparation, bidding assistance, and construction
administration of the Visitor Center at the Palm Desert Civic Center. Should the
project not proceed beyond the entitlement phase that the additional $118,500 will
October 28 , 2021 -Staff Report
Discover PD -PVGA Contract
Page 3 of 3
not be used and placed back in the Capital Improvement Restricted Project Fund
(451 ).
3 . That the City Council authorize the City Manager to enter into contract with PVGA
in an amount not to exceed $25,000 for the design and entitlement phase of the
Visitor Center proposal.
Fiscal Analysis
The project is included in the Capital Improvement Program for FY 2021-22 in the amount
of $1,200 ,000 in account number 4514419-4400100 . There is no impact to the City 's
General Fund .
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY
MANAGER
N/A 9',:;,,,,w( '1'11 . '1"1aa,u, /\1 ~ A L,vo-,v e,z ..'Anay :Jirestine
Robert W . Hargreaves Martin Alvarez , D irector of Janet Moore Andy Firestine
City Attorney Development SeNices Director of Finance Assistant City Manaaer
C ity Manager L. Todd Hileman : L . Todd Hi.LeV\A.,lil V\,
Attachment: 1. DRAFT Professional Services Agreement
CITY COUNCILA9'TION
APPROVED•------DENIED------
RECEIVED OTHER------
MEETING DATE ~lO;;..·_:'L;.:;~;:...· _;l-0;;.;;,.;;Z-;..:.\ __ ~~---rr-
AYES:tltf.tni f.QoMfu@ 1 N~. §¾irMDi\t g ,or 1-;&lll/
NOES: NO~t
ABSENT: .....;N~O~nt'..:::.,. __________ _
ABSTAIN: NOne
VERIFIED BY: "'l A / Sr-S
Original on File with City Clerk's Office
W:IStaff Re ports -Shared 21Staff Reports 10-28-202114 -Norma -10-28-202 1111 Discover PD Contra ctl01 Staff Report Discover Palm Desert Cantrel 10.24 .21
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CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
Contract No. ____________
1. PARTIES AND DATE.
This Agreement is made and entered into this 28th day of October, 2021, by and between
the City of Palm Desert, a municipal corporation organized under the laws of the State of California
with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-
2578, County of Riverside, State of California (“City”) and Prest Vuksic Greenwood Architects
(PVGA), a California Corporation with its principal place of business at 44-530 San Pablo, Suite
200, Palm Desert California ("Consultant"). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services
for the following project:
Discover Palm Desert
(hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and customary
work necessary to fully and adequately supply the services necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from October 28, 2021
to October 28, 2022, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates.
The Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Neither City, or any of its officials, officers,
directors, employees or agents shall have control over the conduct of Consultant or any of
Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a
prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B"
attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services expeditiously. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as
to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: John Vuksic, Principal and
Nicole Williams, Project Architect.
3.2.5 City's Representative. The City hereby designates Eric Ceja,
Deputy Director of Development Services and Economic Development, or his/her designee, to
act as its representative in all matters pertaining to the administration and performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act on behalf
of the City for review and approval of all products submitted by Consultant but not the authority to
enlarge the scope of Services or change the total compensation due to Consultant under this
Agreement. The City Manager shall be authorized to act on City's behalf and to execute all
necessary documents which enlarge the scope of services or change the Consultant's total
compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant
shall not accept direction or orders from any person other than the City Manager, City's
Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates
John Vuksic, Principal, or his/her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority
to represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using his/her best skill and
attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided herein. Any employee of the Consultant or its sub-consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all
Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance
Time”). Consultant shall also perform the Services in strict accordance with any completion
schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be
separately agreed upon in writing by the City and Consultant (“Performance Milestones”).
Consultant agrees that if the Services are not completed within the aforementioned Performance
Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of
this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in
performance caused by circumstances beyond the reasonable control of the non-performing
Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A
Force Majeure Event shall mean an event that materially affects a Party’s performance and is one
or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a
public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable
and unforeseeable delay in the issuance of permits or approvals by governmental authorities that
are required for the services); (4) strikes and other organized labor action occurring at the site
and the effects thereof on the services, only to the extent such strikes and other organized labor
action are beyond the control of Consultant and its subcontractors, and to the extent the effects
thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or
quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes
ordinances, emergency proclamations and orders, rules to protect the public health, welfare and
safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of
being prevented from performing, give written notice to the other Party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party
responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, and shall give
all notices required by law. Consultant shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement. All violations of such laws and regulations
shall be grounds for the City to terminate the Agreement for cause.
3.2.10.1 Employment Eligibility; Consultant. Consultant
certifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the Immigration
Reform and Control Act of 1986, as may be amended from time to time and shall require all
subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has
not committed a violation of any such law within the five (5) years immediately preceding the date
of execution of this Agreement, and shall not violate any such law at any time during the term of
the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that
it is an equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.2.10.3 Safety. Consultant shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s
indemnification of City, and prior to commencement of the Services, Consultant shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Consultant shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Consultant arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before the
effective date of this Agreement and Consultant agrees to maintain continuous coverage through
a period no less than three years after completion of the Services required by this Agreement.
(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees, volunteers and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(1) A drop down feature requiring the policy to respond if
any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for
any reason;
(2) Pay on behalf of wording as opposed to reimbursement;
(3) Concurrency of effective dates with primary policies; and
(4) Policies shall “follow form” to the underlying primary
policies.
(5) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
(F) Fidelity Coverage. Consultant shall provide evidence of
fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than
$1,000,000 per occurrence.
If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for
an additional period of three (3) years followin g termination of the Agreement.
3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the Services
hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise
approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees, volunteers, and representatives or
shall specifically allow Consultant or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against the City, its elected or appointed officers, agents, officials,
employees, volunteers and representatives and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Consultant agrees to oblige its
insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City and its officers, officials, employees, agents, volunteers and
representatives shall be additional insureds with regard to liability and defense of suits or claims
arising out of the performance of the Agreement, under such policies. This provision shall also
apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, and any other party involved with the Project who is brought onto
or involved in the Project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(N) City’s Right to Revise Specifications. The City and the City’s
Risk Manager reserve the right at any time during the term of the Agreement to change the
amounts and types of insurance required by giving the Consultant ninety (90) days advance
written notice of such change. If such change results in additional cost to the Consultant, the City
and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance
requirements, the change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Consultant shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Consultant’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the performance
of the Services including, without limitation, all applicable provisions of the City’s ordinances
regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C.
§ 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000
et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality,
drainage district, or other local agency with jurisdiction over the location where the Services are
to be conducted, regulating water quality and storm water discharges. Failure to comply with
laws, regulations, and ordinances listed in this Section is a violation of federal and state law.
Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the work assigned to them without impacting water quality in violation of
the laws, regulations and policies of this Section.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed One Hundred and Eighteen Thousand and Five Hundred Dollars ($118,500) without
written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date
of provided Services or termination of this Agreement and failure by the Consultant to submit a
timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services completed by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of worker
needed to execute the Services available to interested parties upon request, and shall post copies
at the Consultant's principal place of business and at the project site. It is the intent of the parties
to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the
Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code
sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the
City, its officials, officers, employees, agents, volunteers and representatives, free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of Services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and
representatives free and harmless from any claim or liability arising out of stop orders issued by
the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. The rights and remedies of the City provided in this section shall
not be exclusive and are in addition to any other rights and remedies provided by law, equity or
under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to
the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate
funds for future payment under the Agreement after exercising reasonable efforts to do so, the
City may upon seven (7) days’ written notice, order work on the Project to cease. Upon
termination, Consultant shall be compensated only for those Services which have been
adequately rendered to City, and Consultant shall be entitled to no further compensation.
3.6.1.4 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: Prest Vuksic Greenwood Architects
44-530 San Pablo Ave Suite 200
Palm Desert, CA 92260
ATTN: John Vuksic, Principal
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Eric Ceja, Deputy Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City, and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents
& Data the subconsultant prepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use
or reuse of the Documents and Data or any part of them at any time for purposes of this Project
or another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents
and representatives free and harmless, pursuant to the indemnification provisions of this
Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name,
trademark, or any other proprietary right of any person or entity in consequence of the use on the
Project by City of the Documents & Data, including any method, process, product, or concept
specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from
releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal
counsel determines that the release of the Proprietary Information is required by the California
Public Records Act or other applicable state or federal law, or order of a court of competent
jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary
Information. Consultant shall have five (5) working days after receipt of the release notice to give
City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the City, and its officers, directors,
employees, agents, volunteers and representatives from and against all liability, loss, cost or
expense (including attorney’s fees) arising out of a legal action brought to compel the release of
Proprietary Information. City shall not release the Proprietary Information after receipt of an
objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of
legal counsel), and hold City harmless from any legal action brought to compel such release;
and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City
release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall
defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers,
employees, volunteers, agents, and representatives free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subconsultants or agents in connection with the performance of the
Consultant’s Services, the Project or this Agreement, including without limitation the payment of
all expert witness fees, attorney’s fees and other related costs and expenses except such loss or
damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation
to indemnify shall survive expiration or termination of this Agreement and shall not be restricted
to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,
agents, volunteers or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold
harmless arises out of Consultant’s performance as a “design professional” (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not
exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
without such consent shall be void and without legal effect and shall constitute grounds for
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, volunteers and representatives except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND PREST VUKSIC GREENWOD ARCHITECTS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
TODD HILEMAN
CITY MANAGER
ATTEST:
By:
Norma I. Alley
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
Prest Vuksic Greenwood Architects
By:
Its:
Printed Name:
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws o
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on th
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Contract No. ____________
Exhibit “A”
Signer(s) Other Than Named Above
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws o
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on th
document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Contract No. ____________
Exhibit “A”
EXHIBIT "A"
SCOPE OF SERVICES
[***INSERT SCOPE***]
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Contract No. ____________
Exhibit “A”
EXHIBIT "B"
SCHEDULE OF SERVICES
I. ARCHITECT'S BASIC SERVICES AND
RESPONSIBILITIES
1. SCHEMATIC DESIGN PHASE
1.1 Obtain topographic survey that includes boundaries, utilities, easements, etc. from the Owner. This
survey was prepared by Altum Group in 20 I 9.
1.2 Establish all program requirements.
1.3 Design a schematic floor plan (with conceptual site layout) that meets with the Owner's approval. The
building design is to include all interior spaces; illustrating their relationship to other spaces and to the
site.
1.4 Coordinate with Civil Engineer, Geotechnical Engineer and Landscape Architect who will be retained
directly by Owner.
1.5 Prepare a more refined Site Plan/Floor Plan design for review by the Owner.
1.6 Work with the Civil Engineer to develop the Site Plan/Floor Plan design further and provide a computer
CADD base plan.
1.7 Design a building exterior including material selections that meets with the Owner's approval.
1.8 Finalize the Schematic Design including site plan, floor plan, roof plan, exterior elevations,
colors and materials.
1.9 Coordinate with Mechanical, Electrical and Plumbing Consultants to understand how those systems will
be integrated into the design.
1.10 Coordinate with the Structural Engineer as needed based on the final design to understand
how structure will be integrated into the design.
1.11 Coordinate with the Civil Engineer who would provide a preliminary grading and drainage design
1.12 Work with the Landscape Architect who will provide a landscape, hardscape and landscape lighting plan.
1.13 Work with the Electrical Engineer who would provide a site lighting design and photometric plan.
1.14 Provide the necessary drawings and documents for review by the City of Palm Desert Staff, Architectural
Review Commission, Planning Commission and City Council.
2. ENTITLEMENT PHASE
2.1 Coordinate and finalize formatting of Architectural Documents that are required in the City
Architectural Review Application including: site plans, floor plan, elevations, roof plan, as well as,
colored and rendered building elevations showing shadows & landscaping, and a colored 3D computer
model of the facility.
2.2 Prepare color and materials board.
2.3 Prepare Photo-simulations, if approved by Owner. These would be prepared as an additional
service.
2.4 Coordinate with Civil Engineer and Landscape Architect for their preliminary grading, drainage and
landscape drawings.
2.5 Review Entitlement Package for completeness as needed and submit all documents to City.
2.6 Attend meetings with City Staff, Architectural Review Commission, Planning Commission and City
Council.
3. CONSTRUCTION DOCUMENT PHASE
3.1 The following documents will be provided for the purposes of obtaining a building permit:
a. Topographic Survey (Civil Engineer)
b. Grading and Drainage Plan (Civil Engineer)
c. Architectural Site Plan including ADA Path of Travel
d. CalGreen Compliance Specs
e. Floor Plan, including both Shell and Tenant Improvements
f. Enlarged Bathroom Plans and Details
g. Exterior Elevations
h. Building Sections
1. Wall Sections
J. Roof Plan
k. Reflected Ceiling Plan (at both interior and exterior)
I. Enlarged Elevations, Sections, and Details
m. Door and Window Schedule
n. Door and Window Details
o. Foundation Plans and Details (Structural Engineer)
p. Framing Plans and Details (Structural Engineer)
q. Structural Calculations (Structural Engineer)
r. Site Lighting Plans
s. Photometric Plans
t. Title 24 Energy Calculations
u. Interior Elevations
v. Basic cabinet and counter top drawings and details
w. UC Equipment Specs (specs provided by Owner)
x. Floor Finish Plan including general flooring call outs such as ie: carpet, tile, etc.
y. Interior Finish Schedule including general material call outs such as plastic laminate, ceramic tile, etc.
z. Door Hardware Schedule selections and specifications aa. Air Conditioning Plans and Specifications
bb. Plumbing Plans and Specifications cc. Power Plans
dd. Building Lighting Plans and Specifications
ee. Landscape, Hardscape, Irrigation, and Landscape Lighting Plans (Landscape Architect)
3.2 Submit to the City of Palm Desert for plan check and address City comments as required for permit
ready status.
3.3 The following Consultants would be retained by the Architect as part of the Architect's fee: Structural
Engineer, Mechanical Consultant, Electrical Engineer, Plumbing Consultant, Energy Consultant.
3.4 The following Consultants would be retained by the Owner separate from the Architect's fee:
Geotechnical Engineer, Civil Engineer, Landscape Architect.
4. BIDDING ASSISTANCE PHASE
4.1 Upon completion of the Construction Document Phase, the Architect would provide
assistance to the Owner regarding bidding of the project by providing the following
services:
a. Distribute plans and specifications
b. Answer questions from the Bidding Contractors.
c. Provide clarifications as required
d. Compare Bids for Owner review.
Contract No. ____________
Exhibit “A”
5. CONSTRUCTION ADMINISTRATION
PHASE
5.1 During the construction of the project, the Architect would provide the following services:
a. Interpret plans and specifications as required
b. Observe construction for compliance with design
c. Review shop drawings and product submittals
d. Provide clarification drawings
e. Attend regular construction meetings at site
f. Perform regular site observations (may be after construction meeting).
g. Process Progress Payment reviews with Owner/ and Contractor.
h. Review change orders.
1. Manage and provide responses to Contractor's requests for information (RFis).
J. Provide a final punch list of items to be corrected.
Contract No. ____________
Exhibit “A”
EXHIBIT "C"
COMPENSATION
REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to the Architect's compensation and include actual expenditures
made by the Architect and Architect's employees in the interest of the Project for the expenses listed in
the following subparagraphs. Reimbursable expenses will be billed at a multiple of 1.15 times the amount
expended by the Architect, the Architect's employees and the Architect's consultants in the interest of the
project.
5.1 Mileage related to the Project.
5.2 Fees paid in securing approvals of authorities having jurisdiction over the project.
5.3 Computer plotting and reproductions of drawings, specifications and other documents.
5.4 Expense of additional insurance coverage or limits, including professional liability insurance,
requested by the Owner in excess of that normally carried by the Architect.
5.5 Site visits by Structural Engineer for inspections required by building department.
5.6 Any Consultants retained by the Architect beyond the ones listed as being retained by the Architect.
HOURLY RATE SCHEDULE
6.1 Any hourly services shall be performed for a flat hourly rate of $150/hr., plus reimbursable expenses:
6.2 Should the additional services of any Consultants be required; their services shall be billed on the basis of a
multiple of 1.15 times the amount billed to the Architect
BASIS FOR COMPENSATION
9.1 The Owner shall compensate the Architect for the services provided in accordance with Section III Payments
to the Architect and the other Terms and Conditions of this Agreement.
9.2 FOR BASIC SERVICES, as described in Section II, compensation shall be computed as follows:
1. SCHEMA TIC DESIGN PHASE
2. ENTITLEMENT PHASE
3. CONSTRUCTION DOCUMENT PHASE
4. BIDDING ASSISTANCE PHASE
5. CONSTRUCTION ADMINISTRATION PHASE
$ 16,500 plus reimbursables expenses
$ 25,000 plus reimbursables expenses
$ 66,000 plus reimbursables expenses
$ 3,300 plus reimbursables expenses
$ 24,200 plus reimbursables expenses
9.3 AN INITIAL RETAINER PAYMENT OF $10,000 shall be made upon execution of this Agreement
The payment will be credited to the Owner's account as follows:
$2,000 upon completion of Entitlements
$6,000 upon completion of Construction Documents
$2,000 upon completion of Construction Administration