HomeMy WebLinkAboutC35520 - Landscape Design Svcs for San Pablo Street ImprovementCONTRACT NO. C35520
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: APPROVE A PROFESSIONAL SERVICES CONTRACT IN AN
AMOUNT NOT TO EXCEED $95,382 WITH SARGENT TOWN
PLANNING, INC. FOR PROFESSIONAL LANDSCAPE
ARCHITECTURE AND URBAN DESIGN SERVICES FOR THE SAN
PABLO AVENUE STREET IMPROVEMENT PROJECT
SUBMITTED BY: Eric Ceja, Principal Planner
CONTRACTOR: Sagrent Town Planning
706 South Hill Street, 121h Floor
Los Angeles, CA 90014
DATE: July 14, 2016
CONTENTS: Professional Services Contract Agreement with Sargent Town
Planning
Recommendation
By Minute Motion:
1. Add San Pablo Avenue corridor improvements to the Five -Year Capital
Improvement Program (CIP) listing and define it of high importance.
2. Authorize the request in an amount not to exceed $95,382 to Sargent Town
Planning for Professional Landscape Architectural and Urban Design
Services.
3. Appropriate $95,382 from unobligated General Fund monies to Account
Number 4004430-5000101 for this expense.
4. Authorize the Mayor to execute the subject contract.
Background
The City is currently processing an update of its General Plan that emphasizes the creation
of a "city center" and better street connectivity along the San Pablo Avenue corridor. The
vision for this corridor includes:
• A "road diet' reducing the number of lanes from two lanes in each direction down to
one lane.
• Enhanced pedestrian and bicycle infrastructure.
Staff Report
Contract No. Sargent Town Planning
Page 2 of 4
July 14, 2016
• Installation of traffic calming devices.
• New landscaping and median design.
• Roundabouts at San Gorgonio Way, the entrance to College of the Desert, and
Magnesia Falls.
In May 2016, the City hosted the 11-day "Vision San Pablo" event to demonstrate the
proposed road -diet and corridor improvements to the community. Feedback from the
community, especially from surrounding residents, was overwhelming positive. Of those
surveyed, 95% supported permanent street improvements along this corridor, and 83%
supported the addition of roundabouts.
Strategic Plan Obiectives
The improvements to the San Pablo Avenue corridor fulfill priorities identified in the City's
Strategic Plan, including the following:
• Land Use - Priority 4: "Create a mixed -use city core integrating shopping, dining,
lodging, and housing. "
• Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its
attractions to enhance the ease of lifestyle."
• Transportation — Priority 1: "Create walkable neighborhoods and areas within Palm
Desert that would include residential, retail, services and employment centers, and
parks, recreation and open space to reduce the use of low occupancy vehicles. "
• Transportation — Priority 3: "De-emphasize single/low-occupancy vehicles and
optimize modes of travel (bus, carpool, golf cart, bicycle and pedestrian). "
Discussion
Since the "Vision San Pablo" event, a team of City staff has formed to discuss the ultimate
configuration, themes, funding sources, and timeframe for the San Pablo corridor
improvements. The team is comprised of members with various backgrounds and expertise,
and includes representatives from the City Manager's Office, Planning Division, Public
Works Department, Finance Department, Economic Development Department, Public Art,
and Special Programs. This team has established priorities for the corridor with a goal of:
"An improved corridor that provides safe and ample space for pedestrians,
bicyclists, and motorists that creates and defines a true public space that
allows for community events and private investments into the area, and
establishes a city center linking civic and education amenities to
neighborhoods and the commercial core while also accommodating on -street
parking. "
Get into the Zone:
The team has determined that there are at least three (3) distinct oDnes along the corridor:
• Zone 1 (South — Commercial Core) — Highway 111 to San Gorgonio Way
• Zone 2 (Midway - Neighborhoods) — San Gorgonio Way to Fred Waring Drive, and
Staff Report
Contract No. Sargent Town Planning
Page 3 of 4
July 14, 2016
• Zone 3 (North — Civic Center) — Fred Waring Drive to Magnesia Falls
The distinct zones provide an opportunity and challenge based on their existing conditions.
The team believes that some level of uniformity and thematic design is important to creating
a sense of place and safe transportation routes; however, each zone could contain unique
design elements that tie into the larger character of the corridor. Because of this
opportunity, the team believes that professional design services are needed. The team
believes that Sargent Town Planning (STP) is an ideal fit for the San Pablo project, as they
have experience with similar projects, and they have been involved in the City's General
Plan update, as a sub -consultant to Raimi & Associates. STP has been involved in the
General Plan process and is up -to -speed on the envisioned changes to the San Pablo
Avenue corridor. Because of their involvement in the conceptual phase of the San Pablo
improvements staff believes they can help facilitate final design of the improvements in a
timely manner. The proposed Professional Services Agreement with STP is to provide
landscape architecture and urban design services to accomplish the goal mentioned above
by providing design expertise for the permanent street improvements.
Timeframe:
With the success and feedback of the "Vision San Pablo" event, staff is recommending an
aggressive timeline to begin construction of the improvements to the corridor. By working
with the consultant team, staff will be able to complete working drawings, solicit bids, and
begin construction by the middle of 2017.
Fiscal Analvsis
Given the scope, length of the corridor, and timeframe to begin construction, staff estimates
that full street improvements will range from $8 million to $8.5 million. The San Pablo team
has explored and identified several funding options for the San Pablo corridor
improvements, which are listed below:
• Art in Public Places Funds
Unspent Core Commercial
Improvement and Civic Center
Park Improvement Bond Funds
Recycling Funds
• Active Transportation Programs
(ATP)
• HUD Grants
• MSRC
Staff is confident that the project estimate can be funded through the above -mentioned
sources. Staff will return to the City Council for approval of final design and commencement
of the bidding process at a later date.
Staff is also exploring options to spur economic development in the area. Initial
considerations include: creating a facade program specific to San Pablo, creating a San
Pablo Overlay District, consolidating properties, providing business assistance, and
supporting infrastructure upgrades. Staff is discussing these options and will return to the
Council as economic development tools become more solidified.
Staff Report
Contract No. Sargent Town Planning
Page 4 of 4
July 14, 2016
Submitted By:
Eric Ceja, Principal PI ner
Reviewed By:
Ryan Stendell, Director of Community Development
Mark G
d, Director tf Public Works
aJaneMoore, Director of Finance
Approval:
I , /�/,
J ti McCarthy, Inter' ty Manager
CONTRACT NO. C35520
SAN PABLO AVENUE STREET IMPROVEMENTS PROJECT
CITY OF PALM DESERT
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
CONTRACT No.
1. PARTIES AND DATE.
This Agreement is made and entered into this 141h day of July 2016, 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 ("City") and SARGENT TOWN PLANNING, INC., a Landscape
Architecture and Urban Design Firm, with its principal place of business at 706 South
Hill Street, 12t' Floor, Los Angeles, CA ("Consultant"). City and Consultant are
sometimes individually referred to herein as "Part" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional landscape architecture and urban design consulting services required by
the City on the terms and conditions set forth in this Agreement. Consultant represents that
it is experienced in providing professional landscape architecture and urban design
consulting services to public clients, is licensed in the State of California, and is familiar with
the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional landscape
architecture and urban design services for the San Pablo Avenue street design and
landscape theme, [AND CONTRACT NUMBER,] project ('Project") as set forth in this
Agreement.
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 professional landscape
architecture and urban design consulting 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.
CONTRACT NO. C35520
3.1.2 Term. The term of this Agreement shall be from July 14, 2016 to July
14, 2017, unless earlier terminated as provided herein. The City shall have the unilateral
option, at its sole discretion, to renew this Agreement automatically for no more than one
additional one-year term. 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. Consultant retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Consultant shall also not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Neither City, nor any of its officials,
officers, directors, employees or agents shall have control over the conduct of Consultant or
any of Consultant's 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
expeditiously, within the term of this Agreement, and 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 in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner. 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 under this Agreement. 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. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to the City, or who are determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or
a threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement
are as follows: David Sargent, Principal.
3.2.5 Citv's Representative. The City hereby designates Eric Ceja, Principal
Planner, or his/her designee, to act as its representative in all matters pertaining to the
administration and performance of this Agreement ("City's Representative"). Consultant shall
CONTRACT NO. C35520
not accept direction or orders from any person other than the City Manager, City's
Representative or his/her designee. 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 Work 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 increase the Scope of Work or change the
Consultant's total compensation, subject to the provisions contained in Section 3.3 of this
Agreement.
3.2.6 Consultant's Representative. Consultant hereby designates David
Sargent, 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 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. Finally, 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. As provided for in the indemnification provisions 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 for 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 Laws and Regulations. 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, including all Cal/OSHA requirements,
and shall give all notices required by law. Consultant shall be liable for all violations of such
laws and regulations in connection with Services. If Consultant performs any work knowing it
to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees, agents, and volunteers free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
CONTRACT NO. C35520
3.2.10 Insurance.
Consultant shall not commence work under this Agreement until it has provided evidence
satisfactory to the City that it has secured all insurance required under this section. In addition
Consultant shall not allow any subconsultant to commence work on any subcontract until it has
provided evidence satisfactory to the City that the subconsultant has secured all insurance
required under this section.
Without limiting Consultant's indemnification of City, and prior to commencement of Work,
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
satisfactory to City.
General Liabilitv 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, including without limitation, blanket contractual liability. Defense
costs shall be paid in addition to the limits. The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability, (2) cross liability exclusion for claims or
suits by one insured against another; or (3) contain any other exclusion contrary to the
Agreement.
Automobile Liabilitv 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.
Professional Liabilitv (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. Covered
professional services shall specifically include all work to be performed under the Agreement
and delete any exclusions that may potentially affect the work to be performed (for example,
any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks,
laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis, the
retroactive date shall precede the effective date of the initial Agreement and continuous
coverage will be maintained or an extended reporting period will be exercised for a period of at
least three (3) years from termination or expiration of this Agreement.
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 of Palm Desert, its officers, agents, employees
and volunteers.
Other provisions or requirements
Insurance for Subconsultants: All Subconsultants shall be included as additional insureds
CONTRACT NO. C35520
under the Consultant's policies, or the Consultant shall be responsible for causing
Subconsultants to purchase the appropriate insurance in compliance with the terms of these
Insurance Requirements, including adding the City as an Additional Insured to the
Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required
under Insurance Section of this Agreement.
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 endorsement must be approved by City's
Risk Manager prior to commencement of performance. The certificates and endorsements for
each insurance policy shall be signed by a person authorized by that insurer to bind coverage
on its behalf. Current certification of insurance shall be kept on file with City at all times during
the term of this contract. City reserves the right to require complete, certified copies of all
required insurance policies, at anytime.
Duration of Coveraqe: Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the Work hereunder by Consultant, his agents,
representatives, employees or subconsultants.
City's Riqhts 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 cancel this Agreement.
Acceptable Insurers: All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide,
unless otherwise approved by the City's Risk Manager.
Waiver of Subroqation: All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected
or appointed officers, agents, officials, employees and volunteers 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 of Palm Desert, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
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.
Primary and Non-Contributinq Insurance: All insurance coverages shall be primary and
any other insurance, deductible, or self-insurance maintained by the indemnified parties shall
not contribute with this primary insurance. Policies shall contain or be endorsed to contain
such provisions.
Requirements Not Limiting: Requirements of specific coverage features or limits contained
CONTRACT NO. C35520
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.
Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and
insurers to provide to 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.
Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution
Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its
officers, officials, employees, and agents 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 applyto any excess liability policies.
City's Ripht to Revise Specifications: The City reserves the right at any time during the term
of the contract 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
substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant's compensation.
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.
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.
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. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of
all safety measures.
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 ofthe work.
3.3 Fees and Payments.
CONTRACT NO. C35520
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 Ninety Five Thousand, Three Hundred and Eighty Two
Dollars ($95,382) without authorization of the City Council or City Manager, as applicable, per
the Palm Desert Municipal Code. Extra Work may be authorized, as described below, and if
authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly
invoice which indicates work completed and hours of Services rendered by Consultant. The
invoice shall describe the amount of Services provided since the initial commencement date,
or since the start of the subsequent billing periods, as appropriate, through the date of the
invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -
disputed and approved charges thereon. 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.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for
any expenses unless authorimd 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
authorization from the City Council or City Manager, as applicable, per the Palm Desert
Municipal Code.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to
Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal
as set forth in Exhibit "C."
3.3.6 Prevailinq Waqes. Consultant is aware of the requirements of California
Labor Code Section 1720, et seg., 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. Consultant shall defend, indemnify and hold the City, its officials, officers,
employees, agents, and volunteers 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 Accounting Records.
3.4.1 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
CONTRACT NO. C35520
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.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 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.
3.5.1.2 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.
3.5.1.3 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.
3.5.2 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: Sargent Town Planning
706 South Hill Street, 12th Floor
Los Angeles, CA 90014
ATTN: David Sargent, Principal
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Eric Ceja, Principal Planner
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.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data: Licensinq of Intellectual Propertv. 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
CONTRACT NO. C35520
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings and data magnetically or otherwise recorded on computer diskettes, which are
prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). 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 design professionals other
than Consultant or provided to Consultant by the City. City shall not be limited in anyway in its
use of the Documents & Data at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City's sole risk.
3.5.3.2 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.
3.5.4 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.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorneys fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold the City, its directors, officials, officers,
employees, volunteers and agents 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 alleged acts, errors or omissions, or willful misconduct of Consultant, its
officials, officers, employees, subcontractors, consultants or agents in connection with the
performance of the Consultant's Services, the Project or this Agreement, including without
limitation the payment of all consequential damages, expert witness fees and attorneys fees
and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
3.5.6.2 Additional Indemnity Obliqations. To the fullest extent permitted
by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost,
CONTRACT NO. C35520
expense and risk, any and all claims, suits, actions or other proceedings of every kind covered
by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials,
officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, volunteers and agents as part of any such claim, suit, action or other proceeding.
Consultant shall also reimburse City for the cost of any settlement paid by City or its directors,
officials, officers, employees, agents or volunteers as part of any such claim, suit, action or
other proceeding. Such reimbursement shall include payment for City's attorney's fees and
costs, including expert witness fees. Consultant shall reimburse City and its directors, officials,
officers, employees, agents, and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its directors, officials officers, employees, agents, or volunteers.
3.5.7 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. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governinq Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Ri,,erside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 Citv's Right to Emplov Other Consultants. City reserves right to employ
other consultants in connection Wth this Project.
3.5.11 Successors and Assiqns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 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, and volunteers
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.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless e)ecuted in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
CONTRACT NO. C35520
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.
3.5.16 No Third -Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invaliditv; Severabilitv. 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.
3.5.18 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.
3.5.19 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.
3.5.20 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.
3.5.21 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 respecti\e Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work 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.
CONTRACT NO. C35520
CITY OF PALM DESERT
In
Mayor or City Manager
ATTEST:
0
Rachelle D. Klassen
City Clerk
APPROVED AS TO FORM:
A
Best Best & Krieger LLP
City Attorney
SAN PABLO AVENUE IMPROVEMENTS
David Sargent, Principal
CONTRACT NO, C35520
EXHIBIT "A"
SCOPE OF SERVICES
CONTRACT NO. C35520
�I SARG E NT
no TOWN PLANNING
1 July 2016
Ryan Stendell, Director of Community Development
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re: Proposal to Provide Professional Services
San Pablo Corridor Streetscape Improvements
Dear Ryan:
In accordance with your request and your comments on our initial proposal dated 20 June, Sargent
Town Planning, Inc. (STP) — in association with Fong Hart Schneider +Partners (FHS+P) — is pleased to
present this refined proposal to provide urban design and landscape architectural services to the City of
Palm Desert (City) for the above -referenced project. We outline below our understanding of the project
scope, our proposed services, and an estimate of the associated professional fees and expenses. We
really appreciate this opportunity to help the City design and implement improvements to this
important City Center corridor.
As we were reducing and reorganizing the scope per your requests, it occurred to us that the reason we
had suggested that FHS+P act as the prime consultant was that we were presuming that they would take
a lead role during the construction documents phase, and that their overall all fee would be more than
half of the total contract. However, now that the City will be leading the construction document work
and doing most of that work in house, it flips back to STP spending the majority of the time and earning
more than half of the fee. For that reason, plus that fact that we are already very familiar with the
design, the community, City staff and officials, it just makes more sense for us to lead the work with
David Schneider infusing the design with his excellent landscape design capabilities, as he does on so
many of our projects. We hope you agree with this choice.
Project Understanding
The initial conceptual design for San Pablo Avenue — from Highway 111 on the south to Magnesia Falls
Drive on the north — is as prepared by STP with consultation from FHS+P, and presented in the 111
Corridor section of the current draft of the Palm Desert General Plan Update. From 111 to San Gorgonio
Way it includes new wider sidewalks, reconfigured parking, bike lanes, a wide median strip, and new
landscaping. From San Gorgonio to Fred Waring Drive it includes new sidewalks and landscaping, and
two-way cycle track and updated community gardens on the west side. And from Fred Waring to
Magnesia Falls it includes a combination of angled and parallel parking and the continuation of the two-
way cycle track along the west side.
Based on that initial conceptual design, and in consultation with all relevant City departments and
stakeholders, the City intends to prepare a refined preliminary design for the entire 1-mile corridor,
7 Ili SC7V; . H � I I '.,',, _', 12 (' i .1 , l -.. ,`' .., ( f. i:I,,'.1 ) I . 'V1i 7t"'O I :. ,. .v � 1'0 n .. ,'r 1. ig nu F. ; iJ,li
CONTRACT NO. C35520
including preliminary engineering feasibility and probable construction cost analysis. Based on that Final
Preliminary Design, and taking into account budget estimates and construction timing and phasing
considerations, the City intends to identify the scope and limits of Phase 1 improvements and then
prepare construction plans, specifications and estimates for the bidding and construction of Phase 1.
The City then intends to bid and construct Phase 1 improvements, beginning in the summer of 2017.
Proposed Professional Services
We propose to provide conceptual and schematic urban design and landscape architectural services
("preliminary design") for the project, and on -going design consultation and support services during
bidding and construction. Accordingly, we provide a detailed scope of services and fee proposal for the
Preliminary Design phase, and a general scope and good faith estimate of the fees for the construction
documents, bidding and construction phases of the project.
Project Coordination
We will provide project coordination through all phases of the project — with City staff providing overall
project management — including:
• Bi-weekly team -coordination calls and screen -sharing to coordinate efforts between City staff
and consultant team during the work task phases and promote quality control. These may be
weekly at times and monthly other times, as dictated by the progress of the work.
• Regular interface with the City of Palm Desert staff to arrange meetings and transfer of
documents among team members.
• Monthly progress reports to document overall progress and supplement invoices.
• Set up an FTP site dedicated to this project to enable quick transfer of information amongst our
team and City staff.
Task 1 - Project Initiation
a. Data Reouest, Document Collection: We will coordinate with the City's Planning and Public
Works Departments, providing a Data Request List to obtain all necessary background
information, including:
Receive any available "as -built" drawings showing existing public utilities, existing trees and
other infrastructure elements along San Pablo from Highway 111 to Magnesia Falls.
• Receive and review any background reports, planning documents, market studies, and
additional information related to the San Pablo Corridor.
b. Kick-off me.etina: We will attend an all -day kickoff meeting in Palm Desert, including the
following activities:
• An introductory meeting in which we will meet with City staff members who are expected to
play significant roles in the project to discuss project objectives, opportunities, constraints
and new information that will shape the Final Conceptual Design. We will discuss and
establish project coordination and communication protocols and other project management
procedures
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CONTRACT NO. C35520
• We will tour the project area to observe and discuss particular design objectives and existing
conditions, and potentially meet as well with certain stakeholders, property owners and
business owners who have a strong interest in the Corridor.
• City introductory presentation of City Traffic and Life Safety standards from Engineering,
Traffic and Fire Departments.
• With the assistance of City staff — during or following the kickoff meeting — we will review
the site and develop a tree inventory of the project area within the City right of way.
Review will be based on aesthetic attributes and not on health of trees. If the City
determines that an arborist's report is required we expect that City staff or a consulting
arborist retained by the City will provide that service.
c. Work Scope Refinement: Based on any additional information learned or obtained in the kick-off
meeting, we will refine this Scope of services if and as necessary. Please see the note at the
bottom of the following task for one potential trigger to scope revisions.
d. Confirmation of Concept: In order to advance the project design prior to the completion of the
AutoCAD base drawing by the City's surveyor — and thereby we hope enabling the start of
construction documents by the end of 2016 — we will work with City staff to confirm the
preferred conceptual design for each of the several corridor segments, as follows.
Some of the work included in this task had been included in later phases of the work in our
previous proposal, but upon further thought we believe that sketching, discussing and resolving
a range of conceptual design and project scope issues at a conceptual level will be very effective,
and should enable a leaner, faster preliminary design process once the surveyed base drawing is
available, we understand in late August.
• The "Palm Plaza" at the intersection of San Pablo and 111, including all four corners, future
crosswalks, medians, and frontage road realignments. This will be conceptual only, but
intended to clarify the eventual geometry and appearance of this central gateway to inform
the San Pablo design.
• The "San Pablo Main Street" segment from 111 to San Gorgonio. The intent will be to
finalize decisions regarding travel, bike and parking lane geometries, the general
arrangement and selection of trees, lighting, furnishings and hardscape materials and major
details.
• The "Neighborhood/Cycle Track" segment from San Gorgonio to Fred Waring. The intent
will be to finalize decisions regarding sidewalk and street tree improvements along the east
side, the cross section and intersection geometry of the cycle track, the width and design of
sidewalk and planting along the west side, and the nature and extent of improvements to
the walls or other elements of the community gardens along the west side.
• The "Civic Center/Cycle Track" segment from Fred Waring to Magnesia Falls. The intent will
be to finalize decisions regarding the basic cross section, including parking and landscaping
improvements on the east side, traffic and cycle track geometry, and sidewalk and planting
along the west side. We suggest that some consultation with the College of the Desert may
be desirable, potentially including inviting them to a project design meeting.
CONTRACT NO. C35520
Deliverables in this task will consist of a combination of hand drawn plan vignettes and
conceptual cross sections, quick refinements to previously prepared SketchUp models and
Adobe Illustrator illustrative plans, and photographs of plant materials, hardscape materials,
light fixtures, and street furnishings.
Note: To take advantage of this potential efficiency of time and effort, it will be very important
that staff in all involved City departments be engaged in this task and prepared to make final
decisions on the project design, subject to minor adjustments and refinements in response to the
final survey base information. If commitments to that effect are not possible for any reason, we
would recommend waiting until the surveyed base drawing is available prior to moving beyond
the kickoff meeting task.
e. Design Review Conference i#1: We anticipate that dialog and coordination with City staff during
Task Ld, above, can be accomplished for the most part through a combination of email,
telephone and screen -sharing sessions. Accordingly we suggest that this design conference
might occur when we are substantially complete with these further conceptual design studies.
We recommend that representatives of all involved City departments, and the City's surveyor,
participate in this meeting, which we are budgeting as a full day event that might include field
visits, and possibly a meeting with the College or other affected stakeholders.
Task 2 — Preliminary Design
a. Geometric Plan: Upon receipt of the surveyed AutoCAD base drawing from the City, and based
decisions reached and direction provided in Task 1.d, we will prepare a complete layout of
roadway geometrics in AutoCAD format, identifying the numbers and widths of vehicular lanes,
bike lanes, sidewalks, medians, roundabout, and other major elements. This plan will also
include street tree and street light patterns and spacing, hardscape and landscape layouts, and a
palette of landscape and hardscape types and materials. The purpose of this submittal will be to
confirm the function of the approved conceptual roadway geometrics and to verify the
integration of the design concepts into a unified design. The plan will also explore storm water
management concepts based on the topographic and drainage information provided and its
impact on the street design. This submittal will include:
• The overall plan in AutoCAD format, and as formatted PDF sheets per Citystandards.
• Blowup plans of selected areas of detail, including sidewalks of several types, medians and
roundabout, typical tree planters and other planters, furnishing groupings, and other typical
and special plan details.
• Material selection schedules including colors, textures and finishes in a kit of parts context
for the project area identity.
• Menu of plant material recommendations meeting California's MWELO water requirements
and green street objectives.
• Alignment of street tree plantings based on utility constraints and setbacks from light
standards, fire hydrants and other utilities.
• Tree removal plan
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CONTRACT NO. C35520
• A booklet in PDF format presenting photographs, sketches/illustrations, and cut sheets of
proposed plant materials, hardscape materials, lighting fixtures, street furniture, street
signage, and other urban design elements and accessories.
b. Design Review Conference #2: We will submit these documents for review and comment, and
will participate in a project review conference with City staff.
c. Final Preliminary Design: Based on the input received, and in on -going coordination with City
staff, we will refine and complete the Preliminary Design package. We will submit the
documents to the City for review, comment and preparation of cost estimates.
d. Design Review Conference #3: We will meet with City staff to review the cost estimates and
phasing alternatives, and reach decisions on the scope and extent of Phase 1 construction.
e. Phase 1 Scovine Finalization: Based on City direction we will make minor adjustments to the
AutoCAD base drawing and submit it to the City for further development and preparation of
construction documents. These refinements will focus in detail on the Phase 1 project area.
Task 3 — Construction Documentation, Bidding and Construction Support
In these phases of work STP and FHS+P will provide design support services, focusing on review of
progress plans and specifications for consistency with the preliminary design intent, and the preparation
of written and drawn recommendations for the detailed resolution of design choices that inevitably
present themselves as final design and construction documents are prepared. We propose that our
compensation in these phases of work be on a time and materials basis, and include in our attached fee
proposal good faith estimates of those levels of effort.
We anticipate providing the following services as City staff develops the preliminary design to
construction plans, specifications and estimates for bidding and construction:
Final Design Documents (60% PS&E): We anticipate responding to questions from City staff
during this phase of work, participating in bi-weekly coordination calls, providing memos and
sketches to convey our recommendations, and then reviewing and commenting on the
completed document package of plans and specifications.
b. Final Construction Documents (90% PS&E): We anticipate responding to questions from City
staff during this phase of work, participating in bi-weekly coordination calls, providing memos
and sketches to convey our recommendations, and then reviewing and commenting on the
completed document package of plans and specifications.
Bidding: We anticipate responding to requests for clarification of design intent from City staff,
including providing short memos and/or sketches to convey our recommendations.
d. Construction: We propose to visit the site and observe the progress of the work if and as
requested by City staff. We would prepare field notes and provide our opinion of the
conformance of the work with the design intent, and offer written and sketched
recommendations for the resolution of identified issues.
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CONTRACT NO. C35520
Collaborative Approach to Professional Services
Throughout this proposal the term "we" denotes the combined forces of STP and FHS+P, organized and
coordinated to efficiently and effectively complete each task. Per our phone conversation on June 3, we
expect also to collaborate with Joel Montalvo of the City's Engineering Department, who will provide
civil engineering services and manage other City staff in producing complete plans, specifications and
estimates. For clarity, we list below the areas for which we expect to take primary responsibility — with
input from and approval by the City — and the areas for which we expect the City to take responsibility,
with our input and collaboration. Specific services being provided by City in-house staff and/or City -
retained consultants —include but are not limited to:
• Preparation of topographic survey of the project area, including all boundaries, easements,
existing public improvements, building footprints and front yard improvements of adjacent lots,
and other information to be taken into account in preparing the design.
• Collaboration with STP in developing street geometrics, and reviewing them for roadway
capacity, operations and life safety.
• Confirmation of horizontal control plan, and design of grading and storm water conveyance and
quality control systems.
• Preparation of demolition and removal plans.
• Preparation of landscape, hardscape and irrigation construction documents.
• Design of any necessary utility relocations or system upgrades, including design of points of
connection for irrigation systems, street lighting, and other power and communication system
connections.
• Provision of any required electrical engineering services related to new or relocated streetlights,
or relocation or addition of electrical devices.
• Arborist review of existing trees by the City's Urban Forester or other consultant, if necessary.
• Cost estimating.
Services not included in our proposal but available upon request
• Design and specification of signage and wayfinding graphics.
• Professional lighting design services (as distinct from fixture type selection.)
• Architectural design (beyond conceptual design, which would be included in our preliminary
design services) for any pavilions, shade structures, bus stops, or other architectural elements.
• Arborist review of existing trees (if needed and unavailable from the City)
Professional Fees and Expenses
We propose to provide the Preliminary Design Services on a fixed fee basis per the attached fee
proposal spreadsheet. We propose to provide support services during the Construction Documentation,
Bidding, and Construction phases on a time and materials basis at the hourly rates shown, with a good
faith estimate of those fees as shown on the attached spreadsheet.
CONTRACT NO. C35520
We propose to bill reimbursable expenses at our actual cost incurred. We expect that such expenses
will be limited to mileage or car rental expense and incidental expenses for visits to Palm Desert, food
and lodging expense if it makes sense for any visit to include an overnight stay, any large printing jobs
beyond routine progress prints or plots, and any overnight shipping of documents if required, which we
doubt. We estimate that such expenses would not exceed 5% of the professional fees.
If this revised scope of services and fee proposal meets your needs we will be glad to either provide a
form of contract that we use for such projects or review a model agreement provided by you.
Sincerely,
SARGENT TOWN PLANNING, INC.
U I -
David Sargent, Principal
c. David Schneider, FHS+P
CONTRACT NO. C35520
EXHIBIT "B"
SCHEDULE OF SERVICES
JULY 2016
• EXECUTE PROFESSIONAL SERVICES AGREEMENT
• COMPLETE TASKS 1.A - 1.D
AUGUST / SEPTEMBER 2016
• COMPLETE TASK 1.E
• COMPLETE TASKS 2.A - 2.E
OCTOBER / NOVEMBER/ DECEMBER 2016
• COMPLETE TASK 3.A - 3.13
JANUARY - JULY 2017
• COMPLETE REMAINING TASKS
CONTRACT NO. C35520
EXHIBIT "C"
COMPENSATION
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