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HomeMy WebLinkAbout1981-04-27 PRC Regular Meeting Agenda Packet Lome AGENDA PALM DESERT PARKS AND RECREATION COMMISSION MEETING MONDAY - APRIL 27, 1981 12:00 P.M. - CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER II. ROLL CALL III. CONSIDERATION OF MINUTES A. Minutes of Commission meeting of February 23, 1981 . IV. ORAL COMMUNICATIONS - 1 Any person wishing to discuss any item not otherwise on the agenda, may address the Commission at this point by stepping to the podium and giving their name and address for the record. V. WRITTEN COMMUNICATIONS - NONE VI. CONTINUED BUSINESS A. Sports Complex: Oral report on current activities. Frank Urrutia, representing the firm selected to develop the Sports Complex, will be present to answer questions. VII. NEW BUSINESS A. DISCUSSION ITEM 1 . Presentation of Civic Center model . VIII. ORAL COMMUNICATIONS - 2 Any person wishing to discuss any item not otherwise on the agenda, may address the Commission at this point by stepping to the podium and giving their name and address for the record. IX. COMMENTS A. Commissioners B. Staff X. SUMMARY OF MEETING XI. ADJOURNMENT AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, made and entered into this day of 19 , between the CITY OF PALM DESERT, a Municipal Corporation, hereinafter referred to as "City", and by , hereinafter re- ferred to as "Consultant". WITNESSETH: WHEREAS, the City has decided to develop a 15± acre Sports Complex to be located north of Avenue 44, south of the Whitewater Channel , on the west side of Cook Street hereinafter referred to as "Project"; and WHEREAS, the City desires to retain the Consultant for services in connection with the work hereinafter described; and WHEREAS, the Consultant has the necessary skills and qualifications and licenses required by law to perform the services required under this Agreement in connection with said project; and WHEREAS, the City Council at a regular meeting held on the day of , 19 , authorized the Mayor and City Clerk to enter into this Agreement; and WHEREAS, the Consultant has met with the City to discuss the scope of services; NOW, THEREFORE, it is hereby agreed by and between the parties that: 1. DEFINITIONS. As used in this Agreement, the following definitions shall be applicable: A. Consultant. Consultant shall mean a (California Corporation partnership, individual ) located at 69-844 Highway 111, Rancho Mirage, CA 92270 B. City. City shall mean the City of Palm Desert, a Municipal Corporation, located at 45-275 Prickly Pear Lane, Palm Desert, CA 92260. C. City Council . City Council shall mean the City Council of the City of Palm Desert. -1- D. Services. Services shall mean the services to be performed by the Consultant pursuant to this Agreement. E. Satisfactory. Satisfactory shall mean satisfactory to the Director of Environmental Services of the City of Palm Desert, and City Council of the City of Palm Desert 2. SCOPE OF SERVICES. Consultant agrees to prepare and furnish the City a site feasibility report and master plan of design as set forth in Exhibit A, attached hereto. Payments shall be made as described in Exhibit B attached hereto. 3. PAYMENT. Notwithstanding any other provisions of this Agreement, upon satisfactory completion of the work, the Consultant shall be compensated based upon the actual time spent on the project at the Consultant's standard hourly rates attached hereto as Exhibit C , but in no event shall the total amount exceed . Payments shall be as set forth in Exhibit B, attached hereto: A. Upon satisfactory completion of Feasibility Reports payment shall be for the actual time spent at the Consultant's standard hourly rate, but shall not exceed percent of the total fee payable. Upon satisfactory completion of Master Plan , the final payment shall be paid for the actual time spent on the project -9- at the Consultant's standard hourly rate, but shall not exceed percent of the total fee payable. Should the City request in writing additional services that increase the scope of work, as described in the proposal hereto attached as Exhibit A dated , 19 , an addi- tional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for any such additional services. 4. TIME FOR PERFORMANCE. The Consultant agrees that he will diligently and responsibly pursue the performance of the services required of him by this Agreement as outlined hereinabove in "SCOPE OF SERVICES" and the said services shall be completed within working days after the execution of this Agreement in accordance with the attached "Project Schedule", Exhibit D However, if a delay, beyond the control of the Consultant, in receiving information is encountered, a time extension mutually agreed upon in writing by the City and the Consultant may be granted. The Consultant shall present documentation satisfactory• to the City to substantiate any request for a time extension. 5. SUSPENSION OR ABANDONMENT OF PROJECT. A. If at any time the City determines to suspend indefinitely or • abandon the project and shall require the Consultant to suspend or abandon the performance of his services, or for reasons set forth in Sections decides to terminate this Agreement, there shall be due and payable a sum of money sufficient to increase the total amount paid to the Consultant to reimburse Consultant for the portion of the work in which it is then engaged which has been completed at the time of said suspension or ter- mination, plus any amounts due for reimbursable expenses and for completed extra work previously approved. This sum of money shall be due and payable within thirty-five (35) days after notice has been given to the Consultant of said suspension or abandonment, or termination of this Agreement. -3- If the City determines that'a part of the work involved in the project shall be suspended or abandoned, such suspension or abandonment of a portion of the project shall not make void or invalidate this Agreement. 6. TERMINATION. The City may terminate this Agreement at any time by giving the Consultant at least thirty (30) days prior written notice. Upon receipt of the notice of termination, the Consultant shall imme- diately cease all work under this Agreement. In the event of termin- ation, the City shall pay the Consultant to the final date of termina- tion. Except as herein provided, this Agreement shall continue until the successful completion of the work and the acceptance of said work by the City. 7. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion or in the event of termination of this Agreement, all original documents, designs, drawings and notes prepared in the course of providing services to the City shall become the sole property of the City and may be used, reused or otherwise disposed of without the permission Of the Consultant. 8. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither. the City nor any of its agents shall have control over the conduct of the Consultant or any of the Consultant's employees, except as herein set forth. The Consultant shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. 9. LEGAL RESPONSIBILITIES. A. The Consultant cha11 keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pur- suant to this Agreement. The Consulant shall at all times observe and comply with all such laws and regulations. -4- B. The Consultant agrees that in the performance of the terms of this Agreement, no discrimination shall be made in the employment of persons because of the race, color, national origin or ancestry, sex, or religion of such person. A violation of this provision will subject the Consultant to all of the penalties imposed by law. C. The Consultant shall comply with all of the provisions of the Worker's Compensation Insurance and Health and Safety Acts of the State of California, applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto, and all applicable similar State or Federal acts or laws. 10. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by registered mail addressed to the Director of Environmental Services of the City of Palm Desert at 45-275 Prickly Pear Lane, Palm Desert, CA 92260, or to the Consultant at 69-844 Highway 111 Rancho Mirage, CA 92270 unless and -until different addresses may be furnished in writing by either party to the other, and such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail . This shall be a valid and sufficient service of notice for all purposes. 11. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any moneys due hereunder, with- out the prior written consent of the City. 12. LIABILITY INSURANCE. The Consultant shall furnish the City a policy or certificate of liability insurance in which the City is the named insured or is named as an additional insured with the Consultant. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the City shall be the insured or named as an additional insured covering the work, whether liability is attributable to the Consultant or the City. The policy shall insure the City, its officers, employees and Agents while acting within the scope of their duties on the work, against all claims arising out of or in connection with the work. -5- The Consultant may file insurance acceptable to the City covering more than one project. The Coverage shall provide the following minimum limits: Bodily Injury $250,000 each person $500,000 each occurrence $500,000 aggregate products and completed operations Property Damage $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail , return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. 13. WORKERS' COMPENSATION INSURANCE. Before execution of the contract by the City, the Consultant shall file with the Engineer the following signed certification: I am aware of, will comply, with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake self-insurance before commencing any of the work. The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Worker's Compensation Insurance and shall furnish a Certificate of Insurance to the City before exe- cution of the contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event -6- • of expiration or proposed cancellation of suchpolicies for any P P reason whatsoever, the City notified by registered mail not less than 30 days before expiration or cancellation is effective. 14. INDEMNIFICATION CLAUSE. Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful actions or omissions of the other parties, employees, agents or contractors in the performance of this Agreement and each party shall indemnify, defend and save harmless the other party from such damages or liability. 15. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and condi- tions mentioned herein or incidental hereto, and supersede all nego- tiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement, and any such document or instrument, the terms of conditions of this Agreement shall prevail . • 16. EFFECTIVE DATE AND NUMBER OF COPIES. This Agreement is made in three (3) duplicate originals and shall be effective from and after the date it is signed by the representatives of the City. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF PALM DESERT BY ATTEST: Mayor City Clerk CONSULTANT BY Name of Firm TITLE ATTEST: TITLE APPROVED AS TO FORM: EXHIBIT A I. PURPOSE: The purpose of this exhibit is to outline the tasks and responsibility to be performed by the consultant and city staff in preparing a Master Plan for a 15± acre Sports Complex. II. SECTIONS: This program shall be composed of sections or activities as described herein. III. SECTION 1: Feasibility Report A. Purpose: In order to assure itself sufficient information upon which to decide to proceed with the project; the consultant shall prepare a site feasibility report. B. Contents: Said report shall contain the following: 1. Preliminary soils and geologic investigations. 2. Costs of delivering utilities to the site 3. Requirements of other agencies or jurisdictions 4. Traffic and circulation information (to be supplied by the City) 5. Any additional information the consultant may feel necessary to evaluate the feasibility of the site. 6. Estimated cost of any corrective or remedial measures that might be necessary to prepare the site for the Sports Complex. C. Traffic and Circulation: City shall provide the consultant a traffic report to be incorporated as stated above. The City shall provide the consultant said information within 20 days of the date of execution of the consultant agreement. D. Timing and Review of Report: 1. The consultant shall submit 15 copies of the completed feasibility report within 35 days of the date of execution of this agreement, or 14 days after the receipt of the city traffic study. Staff will transmit the report to the Parks and Recreation Commission for deter- mination of acceptability. 2. Said report shall be reviewed by city staff and comments submitted to the consultant within seven (7) working days of receipt of the report. 3. The Parks and Recreation Commission shall meet with the consultant to review the report within 14 days of receiving the report. 4. The Parks and Recreation Commission shall transmit the site feasi- bility report and comments to the City Council . E. Council Review: The City Council shall review the site feasibility report and notify the consultant of its decision to proceed or terminate the project. IV. SECTION II: Sports Complex Master Plan A. Notification: Upon receiving notification of the City's decision to proceed with the project, the consultant shall proceed with the development of the Sports Complex Master Plan. -1- _ EXHIBIT A (cont. ) .0•` B. Schedule Meeting The consultant shall meet with the Parks and Recreation Commission and staff and a date for a community meeting shall be set within 14 days of the date of notification. C. Community Meeting (s) The consultant shall appear at community meetings conducted by the Parks and Recreation Commission. D. Contours and Typography Map Upon receiving notification as stated in (IV,a) , the consultant shall have prepared a map of the site showing existing contours and typography within days of notification. E. Alternatives 1. The consultant shall prepare alternative site plans for review and comment by the Parks and Recreation Commission and city staff days after the initial community meeting. 2. The Parks and Recreation shall set a date for review by the community of the alternative site plans. Said date shall be within 14 days of the city receiving copies of the alternative site plans. 3. The Parks and Recreation shall then select an alternative site plan and recommend site alternate to the City Council . 4. Upon review and preliminary approval by the Council the Parks and Recreation Commission shall hold a public hearing on said alternative plan within 14 days of Council preliminary approval . 5. For said hearing the consultant shall have prepared a text and map containing a. Existing contours and typography map with site plan overlayed to scale b. Estimated costs of construction and maintenance c. Recommended phasing of construction and estimated construction and maintenance costs d. Costs should include off-site as well as on-site development costs. 6. The Parks and Recreation Commission shall transmit the plan and its comments to the City Council for hearing. 7. The Council shall hold a Public Hearing for the plan's adoption. Upon adoption of the plan, Council may instruct staff to prepare another agreement to execute Phase II of the Request for Proposal dated March 10, 1981, attached hereto as Exhibit A-1. F. Environmental Documents It shall be the responsibility of the City to prepare and process all environmental documents as required by the California Environmental Quality Act. -2- ., + ,.....„ . ..„...,A „:,,, 74dri '. ' ,i. 344 -. 4.4 . 4,- //w.x G�f�� (DO -� -,-r�,- S is not ►E=`. ' 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 346-0611 EXHIBIT A-1 March 10, 1981 George Parisi and Associates 17158 East Ridge Park Drive Hacienda Heights, CA 91745 . SUBJECT: Request for project proposal on development of City's Sports Complex. - Gentlemen: The City of Palm Desert Department of Environmental Services is seeking proposals to provide Master Development Plan and final plans and speci- fications for the development of a Sports Complex, a 15 acre project. The attached information outlines the project. Your proposal should be received no later than 4:30 p.m. on March 20, 1981. If you have any questions, please contact this office. Verya•ruly yours. .:mac : o, I (J.' +. RAMON A. DIAZ DIRECTOR OF ENVIRONMENTAL SERVICES RAD/lcr r INTRODUCTION Recently the City of Palm Desert and the Desert Sands Unified School District signed a lease agreement permitting the City to lease approximately 15 acres of vacant school property for the construction of a sports complex. The site is located in the City, between Cook Street and Deep Canyon Road, north of 44th Avenue and south of the Whitewater River Storm Channel . (See attached map for exact location) It is anticipated that the project will be completed in two phases, and two contracts will be awarded the selected firm. Phase I 1. Attend public meetings on possible activities/facilities and public hearings on complex. _ 2. Develop preliminary schematic plan (i.e. , specific plan of design) and descriptive text. 3. Develop detailed master plan for complex. 4. Estimate cost of development of complex. 5. Project long term maintenance cost of facility. Phase II 1. Prepare preliminary and final plans and specification for: • grading and drainage • turf • irrigation • other landscaping • walkways • all facilities (buildings, etc) • walkway/security lighting • electrical 2. Estimate cost with complete breakdown. 3. Attend public meetings/hearings on project. The project will be funded with existing park fees. SCOPE OF WORK Normal architectural , irrigation, civil and electrical engineering services to include the following: A. Preparation of Construction Drawings and Specifications 1. Consult with City to ascertain the project is in conformity with the City's specific park plan of design (master plan) . 2. Prepare working drawings, specifications and cost estimate, including, but not limited to: a. Precise and finish grading and drainage plan. b. Site construction/staking plans and details. c. Electrical plan and details, including lighting and all underground electrical facilities. (1) s 1 .• _U/_ d. Irrigation plan and details _with accompanying electrical schematic. e. Landscaping planting plan and details. f. Play equipment plans and details. g. Restroom and storage facility. h. Picnic shelters i . Other facilities or drawings deemed necessary. 3. Prepare final working drawings. 4. Present plans and drawings at meetings with City. 5. Prepare plans and specifications in such a way that alternatives are available, creating flexibility in construction. 6. Meet and confer with all governmental agencies having jurisdiction over the project and conform to the established requirements of such agencies. B. Bids and Contracting Prepare bid package and all necessary documents for securing bids from construction contractors for surveying and construction, including, but not limited to, technical specifications, all drawings and specifications, notices, instructions to bidders, bid forms, and general conditions. C. Testing, Field Inspection and Supervision 1. Provide site inspections and work coordination during construction; provide a minimum of one report per week. The Department of Building and Safety and the Department of Public Works will assist in this endeavor. 2. Make recommendations pertaining to all changes; the City makes all final decisions. 3. Coordinate all changes and corrections in work. 4. Upon completion of work, provide City with full set of as-built drawings, including, but not limited to: a. Site grading, including walkways and facility locations. b. Drainage, sewer and water facilities. c. Irrigation system. d. Electrical system. e. Landscape planting. f. Lighting system. PROPOSAL FORMAT Your proposal shall include the following: A. Cost estimate for Phase I and also for Phase II. B. The firm's approach to the design of this facility with special attention (2) *ow *1000 to creativity, low maintenance, safety, aesthetics and historic aspects of the site. C. The scope of work, with detailed estimated time schedule by work element. D. Resumes of the project manager and all other individuals to be involved in the project, and a bar chart indicating the degree to which each will be directly involved in any aspects of the project. E. A reference section which describes the consultant' s resources to perform the work, including, but not limited to: Consultant's prior experience on similar projects, ability to produce projects within budget, list of facilities designed during last five years, and five references. F. Affirmation action plan assurances of compliance with State and Federal equal employment opportunity requirements. SELECTION PROCESS • All proposals will be reviewed and screened by the City's Park Improvement Team Committee. This committee will reduce the applicants to the top three firms. These firms will be requested to appear before an interview board for final selection and recommendation to the City Council for its approval . The following criteria shall be used in selecting the firm for this project: A. Reasonableness of fee requested to do the work. B. Demonstrated record of success by the consultant on work previously performed for the City and for other municipalities or enterprises. C. Ability of the consultants to perform the specific tasks outlined in the RFP. D. Amount and quality of time key personnel will be involved in their respective portions of the project. E. Specific method and techniques to be employed by the consultant on the project. F. Time period for completion of planning phase. PRE-PROPOSAL CONFERENCE A meeting with City staff may be arranged approximately one week prior to submittal of the propsal . Please contact Ms. Linda Russell at (714) 346-0611, Ext. 56, if interested. SUBMITTAL OF PROPOSALS Three copies of proposals are due no later than 4:30 p.m. on Friday, March 20, 1981. Proposals and questions should be addressed to: Mr. Ramon A. Diaz Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 (3) Nimprrr 'err+ EXHIBIT B PAYMENT SCHEDULE NOTE: Payments are progressive in their reference to percent of contract: 1. Payment 1: Upon completion of soils and geologic investigation not to exceed percent of contract. 2. Payment 2: Upon receipt by staff of 15 copies of site feasibility report not to exceed percent of contract. 3. Payment 3: After review and acceptance of site feasibility report by the City Council . 4. Payment 4: After receipt of alternative site plans not to exceed percent of contract. 5. Payment 5: After receipt of text and map set forth in (IV; E; 5) of Exhibit A, not to exceed percent of contract. 6. Payment 6: After public hearing by Parks and Recreation Commission not to exceed percent of contract. 7. Payment 7: After adoption by City Council of Master Plan.