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HomeMy WebLinkAboutC26000 - Legends Field Honorary ColumnsContract No. C26000 CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT REQUEST: Ratify the City Manager's Approval of a Design Contract With Prest Vuksic Architects for the Design of Legends Field Honorary Columns. SUBMITTED BY: Jay Niemczak, Parks Maintenance Supervisor DATE: November 16, 2006 CONTENTS: Authorization Memo Design Proposal for Legends Field Columns Design Agreement Recommendation: By Minute Motion: Ratify the City Manager's approval of the Architectural Design Contract with Prest Vuksic for the design of the Legends Field Honorary Columns, in the amount not to exceed $9,720.00. Discussion: The Parks and Recreation Department Staff along with the Parks and Recreation Commission have identified a project in the Civic Center Park that requires the services of an Architect. The project involves the construction of four additional honorary columns located at Legends Baseball Fields at the Civic Center Park. The current columns are used to honor retired baseball celebrities that reside in the Coachella Valley. The addition of four columns would allow the City to continue to honor these local sports celebrities. Staff requested Prest Vuksic Architects provide a proposal for the above -mentioned project. Prest Vuksic Architects has worked with the City on several projects and is part of the City's pre -qualified consultant list. Staff Report Ratify Agreement for the design of Legends Field Columns November 16, 2006 Page 2 of 2 Staff recommends that the City Council ratify the attached agreement with Prest Vuksic Architects, of Palm Desert CA, in an amount not to exceed $9,720.00. Funds for this expenditure are available in the Park Fund Account No. 430-4638-454.40-01. Submitted By: 04 �--- Jay erAczak Pa Maintenance Supervisor Homer Croy ACM for Devel pment Services A'� Carlos L. Ortega City Manager 0)a4ll� Paul Gibson Director of Finance Department Head: Ja Steele P s and Recreation Services Manager CITY COUNCIL ACTION: APPROVED DENIED DECEIVED OTHER ABSTAIN: /�as7e _._........_ .... VERIFIED BY: a_•._w... Original on File with 1+y Cl.�xk+� nfffr HJPREST-VUKSfCLSfeff Repoli Presf Vuksic Legends Field.doc CITY OF PALM DESERT DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM To: Carlos L. Ortega, City Manager From: Jay Niemczak, Parks Maintenance Supervisor Date: September 19, 2006 Subject: Authorization for the City Manager to Approve An Architectural Design Contract for Legends Field Honorary Columns With Prest Vuksic Architects Contents: 1. Design Proposal and Agreement for the Design of Additional Honorary Columns at Legends Baseball Fields The Park and Recreation Department Staff along with the Park and Recreation Commission has identified a project in Civic Center Park that require the services of an Architect. The project involves the construction of four additional honorary columns located at Legends Baseball Fields at Civic Center Park. The current columns are used to honor retired baseball celebrities that now reside in the City of Palm Desert. The addition of four columns would allow the City to continue to honor these local sports celebrities. Staff has asked Prest Vuksic Architects to provide a proposal for the above mentioned project. Prest Vuksic Architects has worked with the City on several projects and is part of the City's pre -qualified consultant master list. Approval of Prest Vuksic Design Agreements for Honorary Columns Page 2 of 2 September 19, 2006 Staff recommends that the City Manager approve and execute the attached agreement with Prest Vuksic Architects in an amount not exceed $9,720.00 and that it is ratified at the October 12, 2006 City Council Meeting. Submitted By: a Ni 7mczak arks Maintenance Supervisor Review and Concur: anis Steele ark and Recreation Services Manager APPROVAL: Carlos ,L.O ga City Manager Homer Croy ACM for Dee ment Services H %PREST-VUKSIC\PREST VUKSIC HONORARY COLUMNS doe AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this 15 day of August, 2006, ("Effective Date") by and between the CITY OF PALM DESERT ("City") and Prest Vuksic Architectural Services ("Consultant") (sometimes referred to individually or collectively as "Party" or "Parties"). WITNESSETH WHEREAS, City desires to retain Consultant as an independent contractor to perform certain technical and professional consulting services in connection with the Legend Field and Date Grove Informational monument project, subject to the terms and conditions specified below, in the documents attached and incorporated herein, and applicable federal, state and local law. NOW, THEREFORE, in consideration of performance by the Parties of the mutual promises, covenants, and conditions herein contained, the Parties hereto agree as follows: 1. Consultant's Services. 1.1 Nature of Services. Consultant shall provide professional and technical services on a non-exclusive basis, as more particularly described in Section 3, below, and the attached Proposal for Architectural Services. 1.2 Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant 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. 1.3 Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.4 Consultant Representative. For the purposes of this Agreement, the registered architect, engineer, or landscape architect who will serve as the Consultant Representative shall be John Reed ("Consultant Representative"). 1.5 Time of Commencement. The execution of this Agreement by the Parties does not constitute an authorization to proceed. A separate written Notice to Proceed shall be issued by the City Representative, and Consultant shall not commence work until receipt of such written Notice(s) to Proceed, as further set forth in Sections 2 and 3, below. 1.6 Time of Performance/Time is of the Essence. Consultant shall commence the services contemplated under this Agreement immediately upon receipt of a written Notice to Proceed from the City, and shall prosecute to completion each task listed in Section 3 in a timely and diligent manner. 2. Services by City: 2.1 City Representative. For the purposes of this Agreement, the City Representative shall be Jay Niemczak, or such other person designated by the City's Executive Director ("City Representative"). 2.2 Provision of Data. 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 the Proposal for Architectural Services hereof shall be furnished to Consultant without charge by City, and City shall cooperate in every way reasonable in the carrying out of the work without delay. 2.3 Tests and Inspection. The City shall furnish structural, mechanical, chemical, and other laboratory tests, inspections, and reports as required by law or the contract documents, provided however that the Consultant shall advise the City in advance of the necessity of such tests and inspections, and shall coordinate and cooperate with the testing and inspection agencies, if any, at no additional cost to the City. 3. Consultant's Scope of Work. Upon delivery by City to Consultant of a written Notice to Proceed, Consultant shall immediately commence work pursuant to this Agreement. Consultant's scope of work shall consist of the services in the attached Proposal for Architectural Services appended to this Agreement. 3.1 Reportinq & Record Keepinq. To assist City in the performance of its planning, reporting, and financial administration obligations, Consultant shall, throughout the term of this Agreement, keep City reasonably informed of progress on work required under this Agreement, and of any problems or delays, anticipated or otherwise, associated with each aspect of the work. Consultant shall promptly respond to any request by City for information, progress reports, or documentation. Consultant shall maintain accurate records of all work performed for each Assignment under this Agreement, including but not limited to originals or copies, as applicable, of all deliverable documents. Upon the completion of work, and if requested by the City, Consultant shall deliver to City the originals of all renderings, models, or documentation produced, and may retain copies of such documentation, at Consultant's election. 3.2 Compliance with Laws. Consultant shall at all times possess any and all licenses and permits necessary to provide the services herein, and shall comply with applicable federal, state and local laws, ordinances, codes and regulations in the performance of this Agreement, and with all applicable with any applicable City of Palm Desert policies and guidelines. 3.3 Confidentiality. Except as otherwise permitted or required by law, Consultant shall maintain as confidential and shall not disclose any and/or all information received in the course of performing pursuant to this Agreement. Consultant shall promptly inform the City in the event Consultant receives a subpoena or court order requiring disclosure of confidential information. 4. Compensation. City shall pay Consultant for the Services provided under this Agreement on the following basis. 4.1 Not -to -Exceed Fee: City shall pay to Consultant a total amount not to exceed $ 9,720.00 for the basic services described in the Proposal for Architectural Services. Payment shall be made on a monthly basis. The not -to -exceed fee shall not be exceeded without written agreement between the parties. 5.2 Additional Services: Additional services beyond those described in the Prposal for Architectural Services shall be reimbursed on a time -spent basis at the hourly rates described in the Proposal for Architectural Services. City shall not be obligated to compensate Consultant for additional services performed without advance authorization from the City Representative. 5.3 Extraordinary Expenses/Costs. No claims for additional services, expenses or costs incurred by Consultant will be allowed unless such additional services, expenses or costs are authorized by City in writing prior to the performance or incurrence of such services, expenses or costs. Any additional services, expenses or costs authorized by City shall be compensated at rates mutually agreed upon by the Parties in writing. 6. Method of Payment. 6.1 Invoices. Consultant shall submit to City invoices each month for all services, if any, completed, and all expenses or costs incurred pursuant to this Agreement during the preceding month. The invoices shall describe the services rendered during the period and shall show the number of hours worked, the hourly rates charged, and any milestone achievements. Copies of receipts for expenses or costs shall be submitted with each invoice. City shall review such invoices and notify Consultant in writing within fifteen (15) calendar days of any disputed amounts. 6.2 Payment. City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the maximum amounts set forth in Section 5. 6.3 Audit of Records. At any time during regular working hours, all records, invoices, time cards, cost control sheets and other records maintained by Consultant shall be available for review and audit by the City. 7. Ownership of Work Product. 7.1 Propertv of City,. All documents including but not limited to plans, bids, proposals, correspondence, permits, certificates, contracts, change orders, invoices, receipts, reports, analyses or other written material developed or obtained by Consultant in the performance of this Agreement, including any and all intellectual property rights arising therefrom ("Work Product"), shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Promptly upon the completion of each Assignment, or at any other time upon reasonable notice to Consultant by City, Consultant shall deliver all Work Product to City. 3 8. Conflict of Interest/Prohibited Conduct and Interests 8.1 Conflict of Interest. Consultant and its officers, employees, associates and sub consultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant shall retain the right to perform similar services for other clients, but Consultant and its officers, employees, associates and sub consultants shall not, without the prior written approval of the City Manager, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or sub consultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 8.2 No Solicitation. Consultant, on behalf of itself and its officers, employees, agents and representatives, warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for 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 terminate this Agreement without notice or 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. 8.3 No Financial Interest - City. No officer, member or employee of City during his or her tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and agree that to their knowledge no member of the City Council, or officer or employee of City, has any interest, whether contractual, non -contractual, financial or otherwise, in this Agreement, or the subject matter thereof, nor any business or financial relationship with Consultant, 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. 8.4 No Financial Interest — Consultant. Consultant hereby covenants, on behalf of itself, and its officers, employees, agents and representatives, that at the time of executing this Agreement it has no interest, and that it 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. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by Consultant. At no time during the term of this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on Consultant's behalf, accept anything of value from any contractor or subcontractor performing services in connection with the HIP. 9. Indemnification. Other than in the performance of professional services and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold 4 the City, the Redevelopment Agency, and City's and Agency's elected officials, officers, employees, agents and volunteers free and harmless from and against all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney's fees, court costs, and expert witness fees incurred by City or Agency, arising out of or in any way connected with, in whole or in part, the acts or omissions of Consultant, or any of Consultant's officers, agents, employees or contractors, in the performance of this Agreement, including but not limited to, claims, suits and liabilities for bodily injury, death or property damage to any individual or entity, including employees or officials of Consultant. The provisions of this paragraph shall not apply to claims arising out of the sole negligence or willful misconduct of City or Agency, any of City's or Agency's elected officials, officers, employees or agents. In addition to the foregoing, Consultant shall indemnify, protect, defend and hold harmless the Agency and the City of Palm Desert, their officials, employees, agents and representatives from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of the Consultant, its officers, agents, employees or subConsultants (or any entity or individual that the Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. 10. Insurance. Consultant will maintain insurance in conformance with the requirements set forth below. If Consultant's existing coverage does not meet the requirements set forth here, it will be amended to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. 10.1 Workers' compensation and employer's liability. Consultant shall provide Workers Compensation and Employer's Liability Insurance on an approved policy form providing benefits as required by law with employer's liability limits no less that $1,000,000 per accident or disease. 10.2 Professional Liability or Errors and Omissions. Professional Liability or Errors and Omissions insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must contain a provision establishing the insurer's duty to defend. The policy retroactive date must be on or before the effective date of this agreement. 10.3 Automobile liability,. Consultant shall provide auto liability coverage with a limit of no less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be met through a non -owned auto endorsement to the CGL policy. 5 10.4 Waiver. If the Consultant does not carry Worker's compensation coverage, or if the Consultant will not operate any vehicles at any time within the scope of the services in the agreement, provisions for these coverages may be waived upon review and approval of the City's Risk Manager. 11. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its officials, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. 12. Non -Assignability; Subcontracting. Consultant shall not assign or subcontract all or any portion of this Agreement without the City's prior, written consent. Any attempted or purported assignment or sub -contracting by Consultant shall be null, void and of no effect. 13. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation. This clause shall be included in any contract prepared or approved by Consultant in connection with performance of its services under this Agreement. 14. Cooperation. In the event any claim or action is brought against Redevelopment Agency or City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which Agency or City might require. 15. Termination. 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 Consultant's services, in the sole judgment of City, are unsatisfactory or because of the Consultant'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 Consultant shall be paid the reasonable value of the services rendered, based upon Consultant's standard hourly rates, up to the time of the termination. The Consultant shall keep adequate records to substantiate costs and provide copies of original time -cards in the event of termination or suspension. 16. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be given by first class U.S. mail or by personal service. Notices shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and City's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth 6 in the Agreement, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be delivered to the Parties at the following addresses: City: Jay Niemczak, Park Maintenance Supervisor City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 799-1044 Consultant: ��l - VUK51 G "IC-0I T" 44 -e�� ,�;hp rmo � �- ? Tel: -11-1 - Fax: TTI — S315 17. Non -Waiver of Terms, Rights and Remedies. Waiver by either Party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 18. Attorney's Fees. In the event that either Party to this Agreement shall commence any legal action or proceeding for damages for breach, or to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and experts' costs. 19. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 20. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. No promise or representation, whether oral or written, express or implied, that is not set forth herein, shall be binding or have any force or effect. This Agreement may not be amended, nor any provision waived, except in a writing signed by the Parties which expressly refers to this Agreement. 21. Partial Invalidity. In case any provision of this Agreement should be deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions shall not be affected or impaired thereby. 22. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties to this Agreement. 23. Waivers. No waiver of any breach or default of any term or provision of this Agreement shall be deemed a waiver of any other term or provision of this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. 24. Construction. Section headings in this Agreement are solely for the convenience of the parties and are not a part of and shall not be used to interpret this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references to Sections ace to this Agreement. All exhibits to this Agreement are hereby incorporated by reference. IN WITNESS WHEREOF, said parties have executed this Agreement effective as of the Effective Date above. CONSULT Its: �l CON By: Its: 8 CITY OF PALM DESERT Mayor ATTEST: Rachelle D. Klassen, City Clerk APPROVED AS TO FORM Dave Erwin, City Attorney iff PREST • VUKSIC ARCHITECTS PROPOSAL FOR ARCHITECTURAL SERVICES June 1, 2006 Owner: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Architect: Prest/ Vuksic Architects 44-530 San Pablo Avenue, Ste. 200 Project: Monuments for City of Palm Desert Park Area Monument #1 — 3 information sides Monument #2 — 4 new Legends monuments Palm Desert, CA 1. PROJECT DESCRIPTION Monument # 1 — similar to existing at Fred Waring Drive, with angled sides, to be located at Magnesia Falls Drive Monument #2 — similar to existing Legends monuments, located adjacent to existing II. ARCHITECT'S BASIC SERVICES AND RESPONSIBLITIES I . Determine existing conditions, developing as -built drawings and dimensions. 2. DESIGN PHASE 2.1 Develop preliminary plans to be approved by City representative, showing proposed changes. 3. CONSTRUCTION DOCUMENT PHASE: 3.1 Bid documents to include: site plan, base plans, elevations, sections, details, schedules, structural details, and project specifications. 44530 SAN PABLO AVE SUITE 200 PALM DESERT CA 92260 T . 760 779 5393 F . 760 779 5395 4. BIDDING PHASE: 4.1 Upon approval of the Construction Document Phase, the Architect will distribute plans and specifications to Bidders, provide clarifications as necessary during bid period, and provide recommendations upon receipt of bids. 5. CONSTRUCTION OBSERVATION PHASE: 5.1 During the construction of the project the Architect will provide the following services: a. Interpret plans and specifications as required. b. Review and process shop drawings, submittals and any change orders. C. Observe construction periodically for compliance with construction documents. d. Prepare punchlist at substantial completion. e. Final inspection, walk-thru and closeout. 6. ADDITIONAL SERVICES AND MISCELLANEOUS PROVISIONS 6.1 Design revisions, if any, and approved by the City will be deemed additional service and will be billed in accordance with the attached hourly rate schedule. 111. FEE PROPOSAL 1. Total Fee $9,720 2. 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. Expenses of transportation and living expenses in connection with transportation outside of the Coachella Valley authorized by the Owner. b. Long distance communications. c. Fees paid in securing approvals of authorities having jurisdiction over the project. d. Computer plotting and reproductions of drawings, specifications and other documents. e. Postage and special handling of documents. f. Perspective renderings or models g. Title 24 energy compliance calculations. h. Topographic survey. i. Geotechnical studies of existing soils. j. Geotechnical engineer's review of structural drawings, if required by the city. k. Expense of overtime work requiring higher than regular rates, if authorized by Owner. 1. Expense of additional insurance coverage or limits, including professional liability insurance, 2 requested by the Owner in excess of that normally carried by the Architect. 3. Hourly Rate Schedule Principal Architect: $175/hr. Project Manager: $135/hr. Job Captain: $115/hr. Senior CADD Operator: $90/hr. Intermediate CADD Operator: $80/hr. Junior CADD Operator: $70/hr. Secretary: $60/hr. This proposal is based upon bidding and construction for the four projects occurring at the same time. Please call if there are any questions or concerns. If this proposal is to your satisfaction, we will prepare a contract for your review. Sincerely, 3