HomeMy WebLinkAboutC25030 - Design Svcs for Country Club Median 934-06REQUEST:
SUBMITTED BY:
APPLICANT:
DATE:
CONTENTS:
Recommendation:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Award Landscape Design, Contract No. C25o3o to
Community Works Design Group for the Design of the
Landscape for the Country Club Drive Median from Portola
Avenue to Monterey Avenue (Project No. 934-06)
H. Spencer Knight, Landscape Manager
Community Works Design Group
4649 Brockton Avenue
Riverside, CA 92506
March 23, 2006
Agreement
Proposal
Vicinity Map
By minute motion:
1. Award Contract No. C25030 to Community Works Design
Group of Riverside, California in the amount of $43,475.00 for
Landscape Design Services for Country Club Drive Median
from Portola Avenue to Monterey Avenue;
2. Approve 10% contingency in the amount of $4,348.00;
3. Authorize the Mayor to execute the agreement.
Discussion:
On February 21, 2006 staff received proposals for the design of landscaping in
the median on Country Club Drive from Portola Avenue to Monterey Avenue in
the City of Palm Desert.
This section of Country Club Drive includes both landscaped and non -
landscaped areas. The existing landscaped areas are in need of renovation and
any existing landscape features that can be utilized in the new design will be.
The non -landscaped areas are adjacent to the Villa Portofino and Brava
G:\PubWorks\Staff Reports120061March 2312 Award contract Community Works Design Group 934-061Award Contract for Landscape Design Services to
Community Works Design Group 934-06.doc
Award Landscape Design Contract 934-06 to Community Works Design Group
Page 2 of 2
March, 23, 2006
developments. The developers for both of these projects have been conditioned
to contribute to the landscape development of this median.
The following firms responded to the request for proposals:
Community Works Design Group
David Evans & Associates, Inc.
Lynn Capouya, Inc.
Lawrence R. Moss & Associates
RGA Landscape Architects, Inc.
Estrada Land Planning
Katherine Spitz & Associates, Inc.
Hirsch & Associates, Inc.
Design West
(Riverside, CA)
(Ontario, CA)
(Newport Beach, CA)
(Glendale, CA)
(Palm Desert, CA)
(San Diego, CA)
(Marina Del Ray, CA)
(Anaheim, CA)
(Rancho Mirage, 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.
Community Works Design Group 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 the subject Landscape
Design Contract to Community Works Design Group of Riverside, CA in the
amount of $43,475.00 plus a 10% contingency in the amount of $4,348.00, and
authorize the Mayor to execute the agreement.
H. pencer knight
Landscape Manager
Appro
omer Croy
ACM for Dev
Carlos Orteg
City Manager
Mark Green ood, P.E.
Director of Public Works
Pa'GI Gibson
ent Services Finance Director
HSK/dhl
G:1Pub Works\Staff Reports12006'March 2312 Award contract Community Works Design Group 934-06Wward Contract for Landscape Design Services to
Community Works Design Group 934-06.doc
CONTRACT NO.C25030
SIV4 - 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 Community Works Design Group, 4696 Brockton Avenue,
Riverside, CA 92506, 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: 934-06: Landscape Design for Country Club Drive Medians –
Portola Ave. to Monterey Ave.
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.C25030
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(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 TIMOTHY I.
MALONEY, ASLA, CPRS, Registration # 2110 (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.C25030
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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
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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.C25030
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(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: $43,475.00
(Dollars: Forty three thousand four hundred and seventy five dollars and no
cents ONLY). 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
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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;
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(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.C25030
SIV4 - sd
EXHIBIT "A"
LANDSCAPE ARCHITECT'S PROPOSAL
OF
SERVICES