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HomeMy WebLinkAboutC25020 - Design Svcs for Median Prjct 926-06REQUEST: SUBMITTED BY: APPLICANT: DATE: CONTENTS: Recommendation: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Landscape Design, Contract No. C25o2o , in the amount of $10,165.00 to David Evans and Associates, Inc. for the Design of the Median Landscaping on Portola Avenue from Chicory Street to Fairway Drive (Project No. 926-06) Ryan Gayler, Project Administrator David Evans and Associates, Inc. 800 North Haven Avenue, Suite 300 Ontario, CA 91764 March 23, 2006 Agreement Proposal Vicinity Map By minute motion: 1. Award Landscape Design, Contract No. C25020 , in the amount of $10,165.00 to David Evans and Associates, Inc. for the Design of the Median Landscaping on Portola Avenue from Chicory Street to Fairway Drive; 2. Approve 10% contingency in the amount of $1,016.50; 3. Authorize the Mayor to execute the agreement. Discussion: On February 1, 2006 staff received proposals for the design of landscaping in the future median on Portola Avenue from Chicory Street to Fairway Drive. The City has an executed reimbursement agreement with Desert Sands Unified School District for a portion of the design and construction costs. The following firms responded to the request for proposals: G:\PubWorks\Ryan Gayle(\Word FlIes\Staff Reports\Award Contract for Landscape Design Services to DEA project 926-06.doc Award Landscape Design Contract C25020 to David Evans and Associates, Inc. Page 2 of 2 March, 23, 2006 David Evans and Assiciates RGA Landscape Architects, Inc. Michael Buccino Associates David Volz Design (Ontario, CA) (Palm Desert, CA) (Palm Desert, CA) (La Quinta, CA) A staff review committee numerically ranked the proposals in the areas of firm and personnel qualifications, experience with municipal projects of this type with an emphasis on desert landscape design, depth of resources, and fees. David Evans and Associates, Inc. received the top score, and staff is confident in the value being received. Funds for this work are available in account number 400-4614-433-4001. Therefore, staff recommends that City Council Award Landscape Design, Contract No. C , in the amount of $10,165.00 to David Evans and Associates, Inc. for the Design of the Median Landscaping on Portola Avenue from Chicory Street to Fairway Drive. Submitted By: R 1 Gayl Pr. -ct Ad i 'stator Approval: Homer Croy ACM for Devel ent Services Carlos L. Ort City Manage Department Head. Mark Greenwood, P.E. Director of Public Works Paul Gibson Finance Director HSKJdhI G:WubWorkslRyan Gayier1Word FdeslStaf ReportsAward Contract for Landscape Design Sens to DEA project 926-06. doc CONTRACT NO. C25020 SIV2 - sd A G R E E M E N T THIS AGREEMENT, made and entered into this 23rd day of March, 2006, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and David Evans and Associates, Inc., 800 North Haven Avenue, Suite 300, Ontario, CA 91764, hereinafter referred to as "LANDSCAPE ARCHITECT". WITNESSETH: WHEREAS, LANDSCAPE ARCHITECT is a corporation, the principal members of which are Professional LANDSCAPE ARCHITECTS duly registered under the laws of the State of California; and WHEREAS, CITY desires to engage LANDSCAPE ARCHITECT to render certain technical and professional landscape architecture design services as set forth in Exhibit "A" (LANDSCAPE ARCHITECTS Proposal of Services) in connection with the design of Project: 926-06: Landscape Design for Portola Avenue Medians – Chicory Street to Fairway Drive. NOW, THEREFORE, the parties hereto agree as follows: (1) CITY hereby agrees to engage LANDSCAPE ARCHITECT to perform the technical and/or professional services as hereinafter set forth. (2) LANDSCAPE ARCHITECT shall perform all work necessary within the schedules provided herein to complete the services set forth in Exhibit "A" attached hereto and by reference incorporated herein and made a part hereof. CONTRACT NO. C25020 SIV2 - sd 2 (3) All information, data, reports and records and maps as are existing and available from the CITY and necessary for the carryings out of the work outlined in Exhibit "A" hereof shall be furnished to LANDSCAPE ARCHITECT without charge by CITY and CITY shall cooperate in every way reasonable in the carrying out of the work without delay. (4) LANDSCAPE ARCHITECT represents that, it employs or will employ at its own expense, all personnel required in performing the services under this Agreement. (5) All of the services required hereunder will be performed by LANDSCAPE ARCHITECT or under its direct supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under state and local law to perform such services. (6) The execution of this Agreement by the parties hereto does not constitute an authorization to proceed. CITY's Director of Public Works has not authorized LANDSCAPE ARCHITECT to proceed. (7) The LANDSCAPE ARCHITECT shall work closely with the CITY's Director of Public Works, or his designated representative, who shall be the principal officer of the CITY. The LANDSCAPE ARCHITECT shall review and receive the Director of Public Works approval of the details of work as it progresses. The registered landscape architect hereby designated by the LANDSCAPE ARCHITECT as its representative for supervision of the work required by this Agreement is JAY BROWN, L. A., Registration # 5012 (California). (8) The LANDSCAPE ARCHITECT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACT NO. C25020 SIV2 - sd 3 the consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the consultant, any fee, commission, percentage, brokerage fee, gifts, or any 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 annul this Agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (9) The right is reserved by the CITY to terminate the Agreement at any time upon seven (7) days written notice, in the event the project is to be abandoned or indefinitely postponed, or in the event the LANDSCAPE ARCHITECT'S services, in the sole judgment of CITY, are unsatisfactory or because of the LANDSCAPE ARCHITECT'S failure to prosecute the work with diligence or within the time limits specified or because of his disability or death. In any such case, the LANDSCAPE ARCHITECT shall be paid the reasonable value of the services rendered, based upon LANDSCAPE ARCHITECT'S standard hourly rates, up to the time of the termination. The LANDSCAPE ARCHITECT shall keep adequate records to substantiate costs and provide copies of original timecards in the event of termination or suspension. (10) All documents including tracings, drawings, estimates, reports, investigations and computations shall be delivered to and become the property of the CITY. CITY acknowledges and agrees that all plans, specifications, reports and other design documents prepared by LANDSCAPE ARCHITECT pursuant to this agreement shall be used exclusively on this project and shall not be used for any other work without the written consent of LANDSCAPE ARCHITECT. In the event CITY and CONTRACT NO. C25020 SIV2 - sd 4 LANDSCAPE ARCHITECT permit the re-use or other use of the plans, specifications, reports or other design documents, CITY shall require the party using them to indemnify and hold harmless CITY and LANDSCAPE ARCHITECT regarding such re-use or other use, and CITY shall require the party using them to eliminate any and all references to LANDSCAPE ARCHITECT from the plans, specifications, reports and other design documents. (11) The LANDSCAPE ARCHITECT shall comply with all federal, state and local laws, ordinances and regulations applicable to work. (12) No change in the character or extent of the work to be performed by the LANDSCAPE ARCHITECT shall be made except by supplemental authority in writing between CITY and the LANDSCAPE ARCHITECT. The supplemental authority shall set forth the changes of work, extension of time and adjustment of the fee to be paid by CITY to the LANDSCAPE ARCHITECT, if any. (13) In connection with the execution of this Agreement, the LANDSCAPE ARCHITECT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The LANDSCAPE ARCHITECT shall take affirmative actions to insure equal employment opportunity and that employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such actions shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation and selection for training, including apprenticeship. This clause shall be included in each related subcontract, if any, awarded by the LANDSCAPE ARCHITECT. CONTRACT NO. C25020 SIV2 - sd 5 (14) The CITY agrees to pay the LANDSCAPE ARCHITECT for the work required by this Agreement on the following basis: LANDSCAPE ARCHITECT shall submit invoices monthly for services performed in the previous month not to exceed the total contract amount of: $10,165.00 (Dollars: Ten Thousand one hundred sixty-five dollars and no cents). CITY agrees to pay all undisputed invoices within thirty (30) days of receipt of invoice. CITY agrees to notify LANDSCAPE ARCHITECT of disputed invoices within fifteen (15) days of receipt of said invoice. (15) The LANDSCAPE ARCHITECT agrees to complete the work and submit the Final Design LANDSCAPE ARCHITECTURE phase as displayed in Exhibit "A". (16) In the event that any judgment is entered in any action upon this Agreement, the party hereto against whom such judgment is rendered agrees to pay the other party an amount equal to the reasonable value of the legal services performed in his or its behalf in such action and that such amount may be added to and made a part of such judgment. (17) This Agreement shall be binding on the successors and assigns of the parties, but it shall not be assigned by the LANDSCAPE ARCHITECT without written consent of the CITY. (18) The LANDSCAPE ARCHITECT shall be an independent contractor, not an employee of the CITY. (19) Prohibited interests are as follows: No officer, member or employee of the CITY during his tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds CONTRACT NO. C25020 SIV2 - sd 6 thereof. The parties hereto covenant and agree that to their knowledge no member of the City Council, officer or employee of the CITY has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in business of the contracting party other than the CITY, and that if any such interest comes to the knowledge of either party at any time a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under applicable laws. The LANDSCAPE ARCHITECT hereby covenants that he has, at the time of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The LANDSCAPE ARCHITECT further covenants that in the performance of this work no person having any such interest shall be employed by the LANDSCAPE ARCHITECT. (20) The LANDSCAPE ARCHITECT shall indemnify and save harmless the CITY, its officers and employees from and against any liability, loss, cost or expense resulting from any injury or damage to persons or property caused by the negligent acts or omission of the LANDSCAPE ARCHITECT, its agents or employees, while engaged in the performance of this Agreement. The LANDSCAPE ARCHITECT shall submit to CITY, prior to the Notice to Proceed is issued, certification of adequate coverage for "errors and omission" insurance in amounts approved by the City Attorney. Any such insurance shall not be canceled prior to written notice to and approval from the CITY. (21) In case of conflicts within the contract documents, the document precedence shall be as follows: (a) This Agreement; CONTRACT NO. C25020 SIV2 - sd 7 (c) Exhibit "A" (LANDSCAPE ARCHITECT'S Proposal of Services, and any written modifications thereto). IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. THE CITY OF PALM DESERT Community Works Design Group Municipal Corporation Jim Ferguson, Mayor Authorized Signature DATE: DATE: ATTEST: _______________________________ RACHELLE D. KLASSEN, CITY CLERK APPROVED AS TO CONTENT: _______________________________ MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS _______________________________ DAVID J. ERWIN, CITY ATTORNEY CONTRACT NO. C25020 SIV2 - sd EXHIBIT "A" LANDSCAPE ARCHITECT'S PROPOSAL OF SERVICES