HomeMy WebLinkAbout14C C33330, A & B - Engineering - Architectural Designs - Alessandro WestCITY OF PALM DESERT
ECONOMIC DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: AUTHORIZE THE EXECUTION OF PROFESSIONAL SERVICE
CONTRACTS RELATING TO THE ENGINEERING AND
ARCHTIECTURAL DESIGNS FOR THE ALESSANDRO WEST
IMPROVEMENT PROJECT
SUBMITTED BY: Martin Alvarez, Director of Economic Development
DATE: March 26, 2015
CONTENTS: The Altum Group Professional Services Contract
Prest-Vuksic Professional Services Contract
Exhibit A Site Map
Recommendation
By Minute Motion that the City Council:
Authorize the renaming of the Alessandro Alley Improvement Project to
the Alessandro West Improvement Project;
2. Waive further reading and authorize the execution of a professional
engineering service Contract No. c33330A with The Altum Group in the
amount of $105,560.00, plus a 10% contingency ($10,556.00) for the
Alessandro West Improvement Project;
3. Waive further reading and authorize the execution of a professional
architectural design Contract No. C33330B with Prest-Vuksic Architects
in the amount of $38,695.00, plus a 10% contingency ($3,869.50) for the
Alessandro West Improvement Project;
4. Funds are currently available in Capital Project Fund Account No. 400-
4341-433-4001. Costs will be reimbursed to the City from bond proceeds
pursuant to the approved Alessandro Bond Proceeds Funding Agreement;
5. Approve and authorize the
services contracts as they
Improvement Project.
Background
Executive Director to execute the professional
relate to the design of the Alessandro West
Over the last decade the former Redevelopment Agency acquired several properties
located adjacent to the Alessandro Alley. The intent of the acquisition was to implement an
improvement project that would assist in renovating the blighted area and provide
Staff Report Contract No.(s) C33330A-B
Alessandro West Improvement Project Design
March 26, 2015
Page 2 of 4
improvements that would stimulate new economic development and expansion of the
commercial properties located to the south. Future expansions or reconstruction of the
older commercial buildings will require additional parking inventory. The Alessandro Alley
Improvement project design was completed, but the project implantation was stalled due to
passage of legislation that dissolved all California Redevelopment Agencies in 2011.
Project Design:
The project specifically proposes to widen and improve the Alessandro West corridor by
adding new public parking spaces with landscaping and lighting improvements from Las
Palmas Avenue on the east to approximately 300 feet east of Monterey Avenue on the
west. The project would widen the majority of Alessandro West by 27.0 feet to a total width
of 47.0 feet, and would provide public parking at a 90-degree angle on the north side of
Alessandro West, perpendicular to a new six foot block wall barrier adjoining residential
parcels to the north. The project will also involve the closure of San Marcos Way to
vehicular access, but will maintain pedestrian access. The San Marcos road will be vacated
and the adjacent parcels to the east and west may be consolidated to create a central
parking facility that would further assist with the goals of expanding businesses and the
concepts that are being developed as part of the General Plan update.
The second component of the Alessandro West Improvements includes the demolition of
existing carports located in front of the Las Palmas Apartments and the construction of new
public parking spaces to be owned by the City. New carports for use by the apartment
tenants will be constructed on the adjacent property, west of the existing apartments. The
property that will house the new apartment tenant carports has been transferred to the
owner of the apartment complex.
The sections required to expand the Alessandro West corridor are currently owned by the
City of Palm Desert and the remaining portions of the residential properties are held by the
Successor Agency to the Palm Desert Redevelopment (Successor Agency). The remaining
residential parcels were identified to be sold on the approved Long Range Property
Management Plan (see "Exhibit A" Site Map).
Discussion
With the approval of the Successor Agency's Finding of Completion in 2013, by the State
Department of Finance, the Successor Agency can now utilize Project Area 1 Bond
Proceeds to complete the design and implement the Alessandro West Improvement Project.
In order to expend bond funds associated with the project design, property acquisitions and
construction the City and Successor Agency approved a Bond Proceeds Funding
Agreement. The Oversight Board of the Successor Agency to the Palm Desert
Redevelopment Agency and the State Department of Finance approved a reimbursement
agreement which allows the City to expend funds to implement the project and be
reimbursed by Successor Agency Project Area 1 Bond Proceeds.
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Staff Report
Alessandro West Improvement Project Design
March 26, 2015
Page 3 of 4
Contract No.(s) C33330A-B
On August 22, 2013, the Successor Agency/City held a Study Session to discuss the
prioritization and funding availability of former Redevelopment Agency bond funded
projects. The Alessandro West Improvement Project was identified as one of the projects
eligible under Project Area 1 bond funds and $2,100,000 was programmed for this project.
The $2,100,000 budgeted is sufficient to implement project design.
Professional Design Services
The original engineering design plans were developed by Stantec Consulting Inc. Stantec
Consulting was sold and merged with The Altum Group. The Altum Group has provided a
proposal to reinitiate the construction engineering documents necessary to implement the
Alessandro West Improvement Project. The proposal includes updating the plans based on
all the new acquisitions, new building codes and redesigns to areas where the City now has
full control of right of way. The proposal will provide all necessary studies and reports to
comply with City/State requirements including preparation of a Water Quality Management
Plan, PM-10 Plan and Storm Water Prevention Plan. The Altum Group's proposal also
includes construction staking and construction administration assistance during the
construction phase. The Altum Group's professional engineering design services is in the
amount not to exceed $105,560.00, plus a 10 percent contingency that would require City
Council approval prior to use.
The second design component of the Alessandro West Improvement Project consists of
removing a row of existing carports in front of the Las Palmas Apartments and the
reconstruction of a decorative wall in front of the apartment units. In addition, the design will
include construction of new carports on the adjacent parcel to the west for the apartment
tenants. Prest-Vuksic Architect (PVA) provided the preliminary designs and has provided a
design proposal to complete the construction drawings to ensure compliance with current
building codes, lighting design for the entire Alessandro West corridor, landscape designs,
as well as bidding and construction administration services. PVA proposal is in the amount
not to exceed $38,695.00, plus a 10% contingency that would require City Council approval
prior to use.
Alessandro West Business Improvement District Formation
City staff has contracted with Wildan Financial to assist with the formation and balloting to
create a Property and Business Improvement District (PBID) consisting of the commercial
property owners to the south of the Alessandro West corridor. The proposed district would
access the commercial property owners for the annual landscaping maintenance, lighting,
and utility costs required after the improvements to the Alessandro West project is
complete. The commercial property owners will be the primary beneficiaries of the
renovation and the development of additional parking facilities. The property owners would
have the ability to vote in an assessment and each would pay a prorated cost based on the
size of their property or linear frontage. If approved, the PBID would be in place for five
years and renew of the PBID would require re -balloting.
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Staff Report
Alessandro West Improvement Project Design
March 26, 2015
Page 4 of 4
Fiscal Analysis
Contract No.(s) c33330A-s
Funds are currently budgeted in Fiscal Year 2014/2015 Account No. 400-4341-433-4001.
Although the Capital Projects Fund would initially advance the funds for the design and
construction of the Alessandro West Improvement Project, the City will be reimbursed by
the Successor Agency pursuant to the approved Alessandro Bond Proceeds Funding
Agreement and funds available from the Project Area 1 Bond Funds.
Prepared By:
Martin Alvarez
Director of Economic Development
Re ' ed and Concur:
,,t�
Paul S. Gibson, Director of Finance
roval:
d"ohp M. Wohlmuth
Cit Manager
Department Head:
s
Rudy osta
Assis ant City Manager
GAEcon Development\Martin AlvarezWessandro Alley\SA-SR AAWest Design Improvements 3-26-15.docx
Contract No. C33330A
CITY OF PALM DESERT
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this day of March, 2015, 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 The Altum Group, a professional
engineering firm, with its principal place of business in Palm Desert, California
("Consultant"). City and Consultant are sometimes individually referred to herein as
"Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional engineering 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 engineering 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 engineering
consulting services for the Alessandro West Improvement Project, Contract No.
("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 engineering
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. C33330A
3.1.2 Term. The term of this Agreement shall be from March 2015-June
2016, 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 1
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 "A" 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
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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 is: Doug
Franklin, P.E., Vice President.
3.2.5 City's Representative. The City hereby designates Martin Alvarez,
Director of 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 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 enlarge the Scope of Work
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 Doug
Franklin, P.E., Vice President, 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. 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
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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.
3.2.10Insurance. 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(s) 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 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, 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 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.
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
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Contract No. C33330A
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.
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 of not less than 4,000,000 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:
• 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;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies
Other Provisions or Requirements
Insurance for Subconsultants. All Subconsultants shall be included as additional
insureds 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
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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 any time.
Duration of Coverage. 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 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 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 VII (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 Subrogation. 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 -Contributing 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.
Specifications 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
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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 apply to any excess
liability policies.
City's Right 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 of the Work.
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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 "A" attached hereto and incorporated herein by reference. The total
compensation shall not exceed One Hundred Five Thousand Five Hundred Sixty dollars
even ($105,560.00) without written approval of the City Council or City Manager as
applicable. 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 Payment 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 be reimbursed for
expenses related to plans and specifications reproduced in the amount not to exceed
$1,500.00, as authorized by City.
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.
3.3.5 Rate Increases. In the event that this Agreement is renewed
pursuant to Section 3.1.2, the rate set forth in Exhibit "A" may be adjusted each year at
the time of renewal as set forth in Exhibit "A."
3.3.6 Prevailing Wages. N/A
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 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 one (1) year from
the date of final payment under this Agreement.
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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: The Altum Group
73710 Fred Waring Drive, Suite 219
Palm Desert, California 92260
ATTN: Doug Franklin, P.E., Vice President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Martin Alvarez, Dir. of Economic Development
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.
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3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 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"). 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 any way 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.
3.5.3.3 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, and agents
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 the Objection Notice unless either:
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(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.
3.5.4 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 attorney's fees and all other costs of such
action.
3.5.6 Indemnification.
3.5.8.1 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 Obligations. To the fullest
extent permitted by law, Consultant shall defend, with counsel of City's choosing and at
Consultant's own cost, 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
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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 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with 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 executed in writing and signed
by both Parties.
3.5.15 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.
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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 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.
3.5.18 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. 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.
3.5.20 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
respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
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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.
CITY OF PALM DESERT
By:
City Manager
ATTEST:
By:
Rachelle D. Klassen
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
THE ALTUM GROUP
Doug Franklin, Vice President
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Contract No. C33330A
EXHIBIT "A"
SCOPE OF SERVICES
BBK: April2013
Contract No. C33330A
EXHIBIT'A'
Alessandro Alley — Plan Revisions
City of Palm Desert
Palm Desert, California
February 24, 2015
♦ INTRODUCTION
E315
'The Altura Group (Altura) has been requested by the City of Palm Desert (Client) to provide a
scope and fee for revisions associated with the approved plans, unapproved specifications and
estimates (PSE) for the Alessandro Alley Improvement project. Our proposal is based on
experience with this project (many of our staff were employees of "The Keith Companies/Stantec
Consulting) during the initial design, continued project support as members of The Altura Group,
the existing AutoCAD tiles for the project, and experience with the City of Palm Desert.
Based on a review of the current plan set and the proposed project revisions, the entire approved
plan set (13-sheets) should be updated and/or modified to reflect: the proposed carport
improvements for the project to be designed by Prest/Vuksic Architects (PVA); the work
associated with the apartments hardscape near Las Palmas Avenue as proposed by PVA; and the
proposed San Marcos Avenue improvements from Alessandro to San Clemente. The result will
be two (2) sets of civil plans that include: the proposed improvements for the San Marcos
Avenue changes (Alessandro to San Clemente); the proposed work associated with the
apartments including the proposed carport (location only), courtyard improvements, and ADA
access improvements north of the apartment buildings; and an updated review/revision of the
entire set of currently approved plans including a visual inspection of the project area to record
visible changes in the topographic conditions (building removals, etc.). Since the current plans
are more than 12-months old, this will allow for an update of the construction notes and details
that may have been revised since the original plan approval. The result will be two (2) fully
updated plan sets prepared by the Altum Group. As part of this scope, Altum will perform a
design review and QA/QC review of each sheet of the existing plans (prepared by Stantec) and
make the changes necessary to update/revise the plans, including new signature blocks, City of
Palm Desert standard notes, and Altum plan sheet format. The plan sets will be prepared as
follows:
Plan Set 1: Alessandro Improvements — Station 10+00 (Begin) to Station 26+25 (+/-);
Plan Set 2: Alessandro Improvements — Station 26+25 to Station 28+67 (End), including the
work associated with the apartments and carport.
♦ SCOPE OF SERVICES
Update Entire Civil Plan Set
Task 1— Quality Review of Approved Plans, Specifications & Estimates
Altura will perform a quality review of the approved plans, specifications and estimates and
provide a summary to Client which includes a listing of the items which will need to be
addressed during the plan modification task. The summary will be provided in letter format and
will be the basis for the work tasks detailed subsequent to Task 1. Prior to beginning any work
beyond Task 1, Altum will attend one (1) meeting with the Client to review the summary,
confirm a strategy for moving forward, and identify any additions/deletions of the proposed
scope/fee based on the review summary. For purposes of this proposal, Altura has assumed that
all thirteen (13) sheets will require updating, including quantities and notes, modifications at San
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Contract No. C33330A
EXHIBIT `A'
Alessandro Alley —Plan Revisions
City of Palm Desert E115
Palm Desert, California RX .Altum Gn, u,,
February 24, 2015
Marcos Avenue, modifications for the apartments near Las Palmas Avenue (designed by PVA),
the proposed carport addition (designed by PVA), signature, and title blocks, etc. and will be
prepared in two (2) separate plan sets as described in the introduction.
Prepare Civil Plan Sets Specifications, and Estimates
A: Plan Set 1 -Alessandro Improvements; Station 10+00 (Begin) to Station 26+25 (+/-)
Task 2A - Street Improvement Plans -- San Marcos Avenue & Other Revisions
Altum will coordinate with the Client to identify and define revisions to the approved Alessandro
Street Improvement Plans. Coordination and meetings will be performed and billed on a time
and materials (T&M) basis per a separate task. Based on conversations with the Client, revisions
anticipated are a result of:
1) Site modifications to San Marcos Avenue (Alessandro to San Clemente) to reflect the recent
acquisition of adjacent parcels and vacation of a portion of San Marcos. This task also includes
preparation of a demolition plan for the portions of San Marcos Avenue to be removed and a
resurface plan for the removal area;
2) Preparation of a preliminary site plan for improvements to APN 627-074-006 and 013 in an
effort to determine the extent of improvements necessary to the Alessandro Alley plans at this
location;
3) Site modifications to reflect the wall (structural design by PVA) along the northerly
improvements of the Alessandro Alley Improvements.
Altum will incorporate these design revisions into the overall plan revisions for the project. The
proposed wall will be shown in plan -view only with top of wall, top of footing, and finish
surface elevations at key locations along the wall. Altum will address minor plan check
comments and up to three review cycles are included. Note that the revisions for Plan Set 1 may
be performed and submitted to the City separately from Plan Set 2.
Task 3A -- Specification and Estimate Revisions
Altuin will modify the civil portion of the project specifications (Special Provisions) and
estimates based on the latest "redlined" specifications and the proposed changes to the plans. The
specifications will be prepared in accordance with the Standard Specifications for Public Works
Construction ("Greenbook"), 2015 edition. Specifications for Plan Set 1 will be utilized as a base
set for Plan Set 2.
Task 4A — Project Management, Meetings and Coordination (T&M)
Altum will provide project management, attend meetings and coordinate with the Client and
project team during revision of the project documents. This work will be performed and billed
on a time and materials (T&M) basis and an initial budget has been established. Should the
budget be depleted, Altum will request a contract amendment for the necessary budget to
complete the project. Said contract amendment will be prepared by Altum and processed by the
Client prior to incurring budgetary overruns.
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Contract No. C33330A
EXHIBIT `A'
Alessandro Alley — Plan Revisions
City of Palm Desert
Palm Desert, California
February 24, 2015
'Task 5A - Reimbursable Estimate (T&M)
Reimbursables associated with the project include items such as plotting, photocopying, mileage
and other direct costs. An estimated budget is included in this proposal. Project reimbursables
will be billed at cost plus fifteen (15) percent and summarized on each monthly invoice. Should
the estimated budget be depleted, Altura will request a contract amendment for the necessary
budget to complete the project. Said contract amendment will be prepared by Altura and
processed by the Client prior to incurring budgetary overruns.
Task 6A -- Budget ,Estimate for Bid and Construction Support (T&M)
Altura will provide bidding and construction support during the bidding and construction phases
of the project on an as -needed basis (at the request of the City of Palm Desert) for the civil
portion of the work. This work will be performed and billed on a time and materials (T&M)
basis and an initial budget has been established. The initial budget included in this task is based
on an estimate of four (4) hours per week for seventeen (17) weeks of construction at an hourly
rate of $140.00 per hour. Should the budget be depleted, Altura will request a contract
amendment for the necessary budget to complete the project. Said contract amendment will be
prepared by Altura and processed by the Client prior to incurring budgetary overruns.
Task 7A - PM-10 Dust Mitigation Plan
Altura will prepare two (2) PM-10 Dust Mitigation Plans (one plan for the City of Palm Desert
and a separate plan for SCAQMD) based on the proposed improvements. The plans will be
prepared in accordance with the City of Palm Desert and South Coast Air Quality Management
District requirements.
Task 8A — Storm Water Pollution Prevention Plan (SWPPP-QSD)
Altura will prepare one (1) Storm Water Pollution Prevention Plan (SWPPP) based on the
proposed improvements and in accordance with State requirements The SWPPP will be prepared
as a single plan and report showing Plan Set 1 as Phase 1 and Plan Set 2 as Phase 2. A single
Notice of Intent (NO1) will be prepared electronically on the Storm Water Multiple Application
and Report Tracking System (SMARTS) for the State Water Resources Control Board. Altura
will provide the Client with a copy of the NOI filed on SMARTS and Fee Statement. The Fee
Statement will include the permit fee amount and will need to be wet signed and submitted to the
water board for final processing by the Client. The SWPPP covers construction activities on the
site and must be present at the site during construction. The Notice of Termination cannot be
completed until both Phase 1 and Phase 2 construction is complete.
Task 9A — Storm Water Pollution Prevention Plan (SWPPP-QSP)
Altura will assist the Client with Construction Annual Reports, Notice of Tennination (upon
project completion), and providing a Qualified SWPPP Practitioner (QSP) through the
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Contract No. C33330A
EXHIBIT `A'
Alessandro Alley -Plan Revisions E115
City of Palm Desert
Palm Desert, California TheAltum(ra,v,,
February 24, 2015
construction process. This work will be billed monthly on a time and materials (T&M) basis
assuming 2-hours per week tier seventeen (17) weeks at $140 per hour.
Task 10A .- Final Dater Quality Manq�geinent Plan (WQMP)
Altura will prepare one (1) Final Water Quality Management Plan (WQMP) based on the
Approved plans. The WQMP will be prepared as a single plan and report showing Plan Set I as
Phase I and Plan Set 2 as Phase 2. The report will identify post -construction BMPs for the
Project in accordance with the NPDIS and MS-4 permit requirements. Altum will coordinate
with the Client regarding BMP's applicable to the proposed facility. Prior to approval by the
agency, the Client must sign the WQMP. The Client will be responsible for implementation and
post -construction maintenance of the site BMP's for the life of the project.
B: Plan Set 2 - Alessandro Improvements - Station 26+25 to Station 28+67 (End), including the
work associated with the apartments and carport
Task 2B - Street Improvement Plans - Apartment Revisions
Altum will coordinate with PVA, the Client, and others in an effort to identify and define
revisions to the approved Alessandro Street Improvement Plans, such as minor concrete stoops
and laundry room improvements for the apartment courtyard, and ADA access improvements
north of the apartments. Coordination and meetings will be performed and billed on a time and
materials (T&M) basis per a separate task. Once the revisions to the plans are defined, Altum
will include the changes as part of the revised civil drawings. Altura will address minor plan
check comments and up to three review cycles are included.
Task 3B -- Street Improvement Plans - Alessandro
Altuin will coordinate with the Client to identify and define revisions the approved Alessandro
Street Improvement Flans. Coordination and meetings will be performed and billed on a time
and materials (T&M) basis per a separate task. Based on conversations with the Client, revisions
anticipated are a result of:
1) Site modifications to Alessandro from the end of Plan Set 1 (Station 26+25) to the end of the
project limits (Station 28+67);
2) Site modifications to reflect the addition of the proposed wall (structural design by PVA)
along the northerly improvements of the Alessandro Alley Improvements.
Altum will incorporate these design revisions into the overall plan revisions for the project. The
proposed wall will be shown in plan -view only with top of wall, top of footing, and finish
surface elevations at key locations along the wall. Altum will address minor plan check
comments and up to three review cycles are included. Note that the revisions for Plan Set 2 may
be performed and submitted to the City separately from Plan Set 1.
Task 4B - Specification and Estimate Revisions
Altura will modify the civil portion of the project specifications (Special Provisions) and
estimates based on the latest "redlined" specifications and the proposed changes to the plans. The
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Contract No. C33330A
EXHIBIT `A'
Alessandro Alley —Plan Revisions
City of Palm Desert
Palm Desert, California M,Altum ..40V11
February 24, 2015
specifications will be prepared in accordance with the Standard Specifications for Public Works
Construction ("Green book"), 2015 edition. The specifications prepared as part of Plan Set I will
be utilized as a base for this work task.
Task SB Project Management, Meetings and Coordination (T&M)
Altum will provide project management, attend meetings and coordinate with the Client and
project team during revision of the project documents. This work will be performed and billed
on a time and materials (T&M) basis and an initial budget has been established. Should the
budget be depleted, Altum will request a contract amendment for the necessary budget to
complete the project. Said contract amendment will be prepared by Altum and processed by the
Client prior to incurring budgetary overruns.
Task 6B --- Reimbursable Estimate ('T&M)
Reimbursables associated with the project include items such as plotting, photocopying, mileage
and other direct costs. An estimated budget is included in this proposal. Project reimbursables
will be billed at cost plus fifteen (15) percent and summarized on each monthly invoice. Should
the estimated budget be depleted, Altum will request a contract amendment for the necessary
budget to complete the project. Said contract amendment will be prepared by Altum and
processed by the Client prior to incurring budgetary overruns.
Task 7B -- Budget Estimate for Bid and Construction Support (T&M)
Altum has assumed that construction for Plan Sets 1 and 2 will occur simultaneously (total of 17-
weeks) and the cost for this task is included in Task bA. Should the construction of Plan Sets 1
and 2 not occur simultaneously, fee for this task will be adjusted accordingly.
Task 8B -- PM-10 Dust Mitigation Plan
Altum will prepare two (2) PM-10 Dust Mitigation Plans (one plan for the City of Palm Desert
and a separate plan for SCAQMD) based on the proposed improvements. The plans will be
prepared in accordance with the City of Palm Desert and South Coast Air Quality Management
District requirements.
Task 9B —Storm Water Pollution Prevention Plan (SWPPP-QSD)
For purposes of this proposal, Altum has assumed that a single SWPPP-QSD will be prepared for
Plan Set 1 and Plan Set 2 as described in Task 9A.
Task IOB -- Storm Water Pollution Prevention Plan (SWPPP-QSP)
Altum will assist the Client with Construction Annual Reports, Notice of Termination (upon
project completion), and providing a Qualified SWPPP Practitioner (QSP) through the
construction process. This work will be billed monthly on a time and materials (T&M) basis
assuming 2-hours per week for seventeen (17) weeks at $140 per hour. For purposes of this
proposal, Altum has assumed that a SWPPP-QSP services for Plan Set 2 will be performed
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Contract No. C33330A
EXHIBIT `A'
Alessandro Alley — Plan Revisions
City of Palm Desert E315
Palm Desert, California T_N• -» tug, Group
February 24,2015
concurrently and as part of the SWPPP-QSP services for Plan Set 1 and no additional costs for
this task are anticipated.
Task I I B Final Water Quality Management flan (WQMP)
For purposes of this proposal, Altum has assumed that a single WQMP will be prepared for Plan
Set 1 and Plan Set 2 as described in Task 1 1 A.
Construction Staking Services
Task I - Survey Control/Benchmark (one site visit)
Altum will locate the project benchmark, provide one (1) set of stakes to establish the horizontal
and vertical control for the project and maintain efficient construction staking. It is assumed that
the contractor will protect all control points from being disturbed throughout the
construction/survey period and resetting of said control(s) will be handled as an hourly task.
Task 2 - Demolition (one site visit)
Altura will provide one (1) set of stakes or other markings to establish the horizontal locations of
demolition limits.
Task 3 --Curb (6 site visits)
Altum will provide one (1) set of stakes (offsets) for the curb at 25 foot intervals, grade and
direction changes, with grade to top of curb elevation; and stake the valley gutters one (1) time
with grade to flowline.
Task 4 - On -site Sidewalks (one site visit)
Altum will provide one (1) set of stakes (offset) for on -site sidewalks within the project.
Task S —Wall (2 site visits)
Altum will provide one (1) set of stakes (offsets) for the wall at beginning/end locations, grade
and direction changes, and retaining locations with grade to top wall, top of retaining, and finish
surface.
Task 6 — Management and Construction Support (Tc&M)
Altura's chief surveyor will provide construction support during the construction process. This
work will be performed on a time and materials (T&M) basis and may include attending
construction meetings, coordination with the City and contractor, response to requests for
information (RFIs) and other miscellaneous tasks as may be required or directed by the City
during construction. An initial budget has been established for this task. Should the budget be
depleted, Altura will request a contract amendment for the necessary budget to complete the
project. Said contract amendment will be prepared by Altum and processed by the Client prior
to incurring budgetary overruns.
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Contract No. C33330A
EXHIBIT `A'
Alessandro Alley — Plan Revisions
City of Palm Desert E315
Palm Desert, California 11WAJIUMCIVU11
February 24,2015
♦ ASSUMPTIONS AND EXCLUSIONS
The following list is not intended to he all-inclusive. If there are items that are deemed incorrect
or are necessary Ibr the completion of the project, we may need to amend this proposal.
1. Submittal fees and application/permit fees are not included;
2. The City of Palm Desert is the primary jurisdictional (or reviewing) agency,
3. Construction staking, administration and similar services are excluded, but can be
provided upon request;
4. Construction for Plan Set 1 and Plan Set 2 will occur either simultaneously or
concurrently with no delays between start and/or finish;
5. All other revisions, plans, reports, exhibits and services not specifically identified herein
are excluded;
6. Structural calculations, reports, and/or drawings are not part of this proposal and will be
provided by others as required;
7. Utility relocation plans are not part of this scope;
8. Landscape design and plans will be completed by others and are not part of this proposal;
9. Geotechnical investigations and/or reports are not part of this proposal and will be
provided by others as required.
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Page 7 of 8
Contract No. C33330A
EXHIBIT `A'
Alessandro Alley —Plan Revisions
City of Palm Desert E115
Palm Desert, California lbe Allis ,CAOUP
February 24,2015
♦ FEE SCHEDULE
Overall
TASK I Quality Review of Approved PS&E...................................... $ 3,000
SUBTOTAL $ 3,000
Plan Set 1
TASK 2A Street Improvement Plans — San Marcos/Other Revisions... $ 21,500
TASK 3A
Specification and Estimate Revisions ...................................
$
5,500
TASK 4A
Project Management, Meetings and Coordination (T&M)...
$
4,500
TASK 5A
Reimbursable Estimate(T&M).............................................
$
1,000
TASK 6A
Budget Estimate for Bid & Construction Support (T&M) ...
$
9,520
TASK7A
PM-10 Plan...........................................................................
$
2,500
TASK 8A
SWPPP Plan and Report (QSD)...........................................
$
5,000
TASK 9A
SWPPP Plan and Report (QSP)"I'&M..................................
$
4,760
TASK1 OA Final WQMP........................................................................
$
5,500
SUBTOTAL $ 59,780
Plan Set 2
TASK 2B
Street Improvement Plans — Apartment Revisions ...............
$
9,000
TASK 3B
Street Improvement Plans — Alessandro ...............................
$
3,500
TASK 4B
Specification and Estimate Revisions ...................................
$
2,000
TASK 5B
Project Management, Meetings and Coordination (T&M)...
$
2,000
TASK 6B
Rembursable Estimate(T&M).............................................
$
500
TASK 7B
Budget Estimate for Bid & Construction Support (T&M) ...
$
TASK813
PM-10 Plan ...........................................................................
$
1,500
TASK 9B
SWPPP Plan and Report (QSD)...........................................
$
TASK 1013 SWPPP Plan and Report (QSP) T&M..................................
$
TASK I I Final WQMP.........................................................................
$
SUBTOTAL
$
18,500
Construction Stakin
TASK 1
Survey Control/Benchmark ..................................................
$
2,480
TASK2
Demolition............................................................................
$
2,480
TASK3
Curb.......................................................................................
$
12,380
TASK4
Sidewalks..............................................................................
$
1,980
TASK5
Walls.....................................................................................
$
3,960
"CASK 6
Budget Estimate for Bid & Construction Support (T&M) ...
1,000
SUBTOTAL
$
24,280
TOTAL $105,560
P: proposals proposals-20141`1 502 Alessandro alley Revisions correspondence documents proposals 15-02-19 (J)7dated Scope and Fee.doc
Page 8 of 8
Contract No. C33330A
73710 Fred Waring Drive, Suite 219
Palm Desert, CA 92260
T
El 760.346.4750 Tel
760.340.0089 Fax
I lit, Allum Cru11,
2015 SCHEDULE OF HOURLY RATES
Staff Member Hourly Rate
Principal
$160.00
Director/Senior Project Manager
$140.00
Project Manager
$130.00
Assistant Project Manager
$120.00
Senior Associate
$110.00
Associate
$90.00
Assistant
$75.00
Project Coordinator
$65.00
Administrative Assistant/Clerical
$50.00
Intern
$30.00
Survey Crew (2-man, non -prevailing) $185.00
Survey Crew (1-man, non -prevailing) $135.00
Reimbursables Expenses:
Mileage is billed at IRS business rate plus 15%
Printing, reproduction, etc. are billed at direct cost plus 15%
Altum's Schedule of Hourly Rates is subject to change based on an annual review of the
cost of living and employee wage increases. In the event Altum's Schedule of Hourly
Rates changes, a corresponding percentage increase shall be applied to all remaining
Agreement budgets and such Schedule of Hourly Rates shall apply to subsequent Extra
Work.
MAfinance\rate schedule12015 Schedule of Hourly Rates - Draft
b Y',
ab
Contract No. C33330B
CITY OF PALM DESERT
PROFESSIONAL ARCHITECTUAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this day of March, 2015, 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 Prest Vuksic Architects, a professional
architectural firm, with its principal place of business in Palm Desert, California
("Consultant"). City and Consultant are sometimes individually referred to herein as
"Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional architectural 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 architectural 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 architectural
consulting services for the Alessandro West Improvement Project, Contract No.
("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 architectural
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. C33330B
3.1.2 Term. The term of this Agreement shall be from March 2015-June
2016, 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 1
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 "A" 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
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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 is: John
Vuksic.
3.2.5 City's Representative. The City hereby designates Martin Alvarez,
Director of 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 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 enlarge the Scope of Work
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, 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. 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
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Contract No. C33330B
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.
3.2.10Insurance. 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(s) 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 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, 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 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.
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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. 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.
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 of not less than 4,000,000 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:
• 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;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies
Other Provisions or Requirements
Insurance for Subconsultants. All Subconsultants shall be included as additional
insureds 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.
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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 any time.
Duration of Coverage. 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 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 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 VII (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 Subrogation. 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 -Contributing 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.
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Contract No. C33330B
Specifications 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.
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 apply to any excess
liability policies.
City's Right 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)
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Contract No. C33330B
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 of the Work.
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 Thirty Eight Thousand Six Hundred Ninety Five dollars
even ($38,695.00) without written approval of the City Council or City Manager as
applicable. 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 Payment 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 be reimbursed for
expenses related to plans and specifications reproduced in the amount not to exceed
$1,500.00, as authorized by City.
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.
3.3.5 Rate Increases. In the event that this Agreement is renewed
pursuant to Section 3.1.2, the rate set forth in Exhibit "A" may be adjusted each year at
the time of renewal as set forth in Exhibit "A."
3.3.6 Prevailing Wages. N/A
3.4 Accounting Records.
3.4.1 Maintenance and Inspection
Consultant shall maintain complete
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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 one (1) year 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: Prest Vuksic Architects
44530 San Pablo Avenue, Suite 200
Palm Desert, California 92260
ATTN: John Vuksic
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Martin Alvarez, Dir. of Economic Development
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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 Confidentialitv.
3.5.3.1 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"). 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 any way 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.
3.5.3.3 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
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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, and agents
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 the 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.
3.5.4 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 attorney's fees and all other costs of such
action.
3.5.6 Indemnification.
3.5.8.1 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 Obligations. To the fullest
extent permitted by law, Consultant shall defend, with counsel of City's choosing and at
Consultant's own cost, 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
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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 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. 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
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amendment of this Agreement shall be binding unless executed in writing and signed
by both Parties.
3.5.15 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.
3.5.16 No Third -Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 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.
3.5.18 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. 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.
3.5.20 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
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have the legal power, right, and authority to make this Agreement and bind each
respective 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.
CITY OF PALM DESERT
PREST VUKSIC ARCHITECTS
By: By:
City Manager
ATTEST:
By:
Rachelle D. Klassen
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
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John Vuksic, A.I.A.
BBK: Nov 2013
Contract No. C33330B
EXHIBIT "A"
BBK: April2013
Contract No. C33330B
PREST •VUKSIC
A R C H IT E C T S
PROPOSAL FOR ARCHITECTURAL SERVICES
February 24, 2015
The Owner shall be: City of Palm Desert Redevelopment Agency
Attn: Martin Alvarez
73-150 Fred Waring Drive
Palm Desert, CA 92260
and the Architect shall be: Prest Vuksic Architects
44-530 San Pablo Avenue, Ste 200
Palm Desert, CA 92260
for the following project: Alessandro Alley Improvements
Palm Desert, CA
I. SCOPE OF PROJECT
Architectural and structural improvements and a carport in the alley adjacent to the apartment complex on the NW
corner of Alessandro Alley and Las Palmas Avenue. The project is also to include wall design and site lighting along
the entire length of Alessandro Alley.
The improvements generally consist of:
Items a-g below have already been designed but will be updated as needed to new building codes:
a. Removal of existing covered parking.
b. Removal of wood framed site wall along south side of apartment property.
c. Renovation of existing south side entrance to apartment property including:
i. A new 8'-0" high privacy wall with architectural interest
ii. A new gate
iii. A new top landing and ADA accessible ramp to existing walkway below
d. Renovation of laundry building to make it ADA accessible as deemed acceptable by the City. This
proposal assumes that the existing laundry room may need to be expanded to make it ADA accessible.
e. A new trash enclosure to be ADA accessible to the extent required by Waste Management and the City.
f. Renovation of the newly exposed wing of the apartment building at the southwest corner of the
apartment property, to make it aesthetically acceptable.
g. Addition of appropriate covering for utilities located at the SW corner of the apartment property.
2. New covered parking on the west side of the apartment complex.
3. Landscape design along the entire length of Alessandro Alley and apartments and covered parking area.
4. Site lighting along the entire length of Alessandro Alley and apartments and covered parking area.
44530 SAN PABLO AVE SUITE 200 PALM DESERT CA 92260 T . 760 779 5393 F . 760 779 5395
Alessandro Alley Improvements
Proposal
H. SCOPE OF SERVICES
1. DESIGN PHASE
Contract No. C33330B
Prest • Vuksic Architects
1.1 Establish all program requirements.
1.2 Design a schematic floor plan/ site plan that meets with the Owners' approval.
1.3 Design a privacy wall, laundry building exterior new covered parking, new back gate, new wall and site
lighting along entire length of Alessandro Alley.
1.4 Meet with the Owner and the Landscape Architect to discuss plant material and conceptual design. Conduct
subsequent meetings to review preliminary landscape design.
1.5 Meet with the Civil Engineer to discuss grading design.
1.6 Finalize the Schematic Design of new components, along with previously designed components, including
floor plan, site plan, exterior elevations, colors and materials.
1.7 Construction Document Schedule:
a. April I — Start-up date
b. April 30 -- First Submittal
C. May 15 — Comments from City (This date may change based on City time frame)
d. May 22 — Resubmittal
e. May 29 — Approval and ready for permit (This date may change based on City time frame)
2. CONSTRUCTION DOCUMENT PHASE
2.1 Upon completion of the Design Phase, the following documents will be provided for the purposes of obtaining
a building permit:
a. Topographic Survey (Surveyor)
b. Site Grading and Drainage Plan (Civil Engineer)
C. Site Plan/Floor Plan
d. Exterior Elevations of privacy wall, laundry building, site wall, carport and trash enclosure
e. Building Sections for laundry room expansion and carport, if required
f. Reflected Ceiling Plan and Details for laundry room expansion and carport, if required
g. Roof Plan and Details for laundry room expansion and carport, if required
h. Interior Elevations of laundry room, if required
i. Foundation Plan and Details (Structural Engineer)
j. Wall Details (Structural Engineer)
k. Roof Framing Plan and Details (Structural Engineer)
1. Structural Calculations (Structural Engineer)
In. Electrical Plan (Electrical Engineer)
n. Landscape Plan and Details (Landscape Architect)
o. Landscape Irrigation Plan (Landscape Architect)
p. Landscape Lighting Plan (Landscape Architect)
q. Carport Footings (Structural Engineer)
2.2 Consultants provided by Architect:
Structural Engineer, Electrical Engineer, Landscape Architect
2.3 Consultants not provided by Architect:
Surveyor, Civil Engineer
2
Contract No. C33330B
Alessandro Alley Improvements
Proposal
3. BIDDING ASSISTANCE PHASE
Press • Vuksic Architects
3.1 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 Owner/ Contractor and consider proposed alternates.
4. CONSTRUCTION ADMINISTRATION PHASE
4.1 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 the design.
c. Prepare clarification drawings as needed.
d. Review shop drawings.
e. Prepare punch list of project deficiencies at the point of substantial completion.
III. FEE PROPOSAL
1. FEE
Architect
Update of apartment drawings to current code
Apartment wall & back gate design & drawings
Coordination of carport, landscape and electrical
for alley wall & apartments
Structural Engineer
Alley wall plans, calculations, details
& update apartment drawings to current code
Footing for Carport (pre -fabricated or built)
Electrical Engineer
Apartments & carport
Alessandro Alley
3
$2,500 plus reimbursable expenses
$6,500 plus reimbursable expenses
$3,000 plus reimbursable expenses
$5,635 plus reimbursable expenses
$1,150 plus reimbursable expenses
$2,760 plus reimbursable expenses
$4,600 plus reimbursable expenses
Alessandro Alley Improvements
Proposal
Landscape Architect
Apartment & carport area
Alessandro Alley
Bidding Assistance
Construction Administration
2. REIMBURSABLES
Contract No. C33330B
Prest • Vuksic Architects
$4,050 plus reimbursable expenses
$4,500 plus reimbursable expenses
$1,500 plus reimbursable expenses
$2,500 plus 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:
a. Computer plotting and reproductions of drawings, specifications and other documents.
b. Postage and special handling of documents.
c. Title 24 energy compliance calculations.
d. Expense of overtime work requiring higher than regular rates, if authorized by the Owner.
e. Expense of additional insurance coverage or limits, including professional liability insurance, requested by
the Owner in excess of that normally carried by the Architect.
f. City -required site inspections by Structural Engineer.
3. HOURLY RATE SCHEDULE
Principal Architect
$ 195/hr
Project Manager
$ 145/hr
Job Captain
$ 125/hr
Senior CADD Operator
$ 95/hr
Intermediate CADD Operator
$ 85/hr
Junior CADD Operator
$ 75/hr
Secretary
$ 65/hr
Please do not hesitate to call if you have any questions about any item in this proposal. If this proposal is to your
satisfaction, we will prepare a contract for your review.
Thank you,
John Vuksic, AIA
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