HomeMy WebLinkAboutC26610 - Harris & Assoc. Contract No. C26610
AGREEMENT
THIS AGREEMENT made and entered into this 12th day of July, 2007, by and
between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to
as "CITY" and HARRIS & ASSOCIATES, hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, CONSULTANT is a corporation, the principal members of which are
Professional CONSULTANTS duly registered under the laws of the State of California;
and
WHEREAS, CITY desires to engage CONSULTANT to render certain technical
and professional consultant services as set forth in Exhibit "A", City's Scope of Work
contained in the Request for Proposals (RFP) and CONSULTANT's Proposal,
incorporated herein by reference, in connection with the performance of the Sidewalk
Inventory (Proiect No. 761-07).
NOW, THEREFORE, the parties hereto agree as follows:
(1) CITY hereby agrees to engage CONSULTANT to perform the
technical and/or professional services as hereinafter set forth.
(2) CONSULTANT 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.
(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
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Exhibit "A" 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. CONSULTANT shall be entitled to reasonably rely on the accuracy and
completeness of all information, data, reports, and records, and maps provided by
CITY.
(4) CONSULTANT 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
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.
(6) The execution of this Agreement by the parties hereto does not
constitute an authorization to proceed. Work shall not commence until CITY's Director
of Public Works has issued a written Notice to Proceed to CONSULTANT.
(7) The CONSULTANT 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 CONSULTANT shall review and receive the Director of Public Works
approval of the details of work as it progresses. The registered engineer and the project
manager hereby designated by the CONSULTANT, as iYs representatives for
supervision of the work required by this Agreement is Jeffrey M. Cooper, P.E., R.C.E.
No. 31572, and Dennis A. Anderson.
(8) The CONSULTANT warrants that he has not employed or retained
any company or person, other than a bona fide employee working solely for the
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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 tF�e 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 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 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 upon CONSULTANT's receipt of payment for services rendered. CITY
acknowledges and agrees that all plans, specifications, reports and other design
documents prepared by CONSULTANT pursuant to this agreement shall be used
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Contract No. C26610
exclusively on this project and shall not be used for any other work without the written
consent of CONSULTANT. In the event CITY and CONSULTANT 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 CONSULTANT
regarding such re-use or other use, and CITY shall require the party using them to
eliminate any and ali references to CONSULTANT from the plans, specifications,
reports and other design documents.
(11) The CONSULTANT shall comply with all federal, state and local
laws, ordinances and regulations applicable to work that are in effect at the time the
services are rendered.
(12) No change in the character or extent of the work to be performed
by the CONSULTANT shall be made except by supplemental authority in writing
between CITY and the CONSULTANT. 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
CONSULTANT, if any.
(13) In connection with the execution of this Agreement, the
CONSULTANT shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex or national origin. The CONSULTANT
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
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Contract No. C26610
training, including apprenticeship. This clause shall be included in each related
subcontract, if any, awarded by the CONSULTANT.
(14) The CITY agrees to pay the CONSULTANT for the work required
by this Agreement on the following basis:
CONSULTANT shall submit invoices monthly for services performed in
the previous month not to exceed the total fixed contract amount of One Hundred and
Eighty-Three Thousand, Eight Hundred and Sixty-Three Dollars ($183,863.00). CITY
agrees to pay all undisputed invoices within thirty (30) days of receipt of invoice. CITY
agrees to notify CONSULTANT of disputed invoices within fifteen (15) days of receipt of
said invoice.
(15) The CONSULTANT agrees to complete the work and submit the
report as described 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 the CONSULTANT without written consent of the CITY shall not assign
it.
(18) The CONSULTANT shall be an independent contractor, not an
employee of the CITY.
(19) Prohibited interests are as follows:
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Contract No. C26610
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
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 CONSULTANT 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 CONSULTANT further
covenants that in the performance of this work the CONSULTANT shall employ no
person having any such interest.
(20) The CONSULTANT 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 CONSULTANT, its agents or employees, while engaged in the
performance of this Agreement. The CONSULTANT shall submit to CITY, prior to the
Notice to Proceed is issued, certification of adequate coverage for "errors and omission"
insurance in amounts specified in the RFP or approved by the City Attorney. Any such
insurance shall not be canceled prior to written notice to and approval from the CITY.
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Contract No. C26610
(21) In case of conflicts within the contract documents, the document
precedence shall be as follows:
(a) This Agreement;
(b) Exhibit "A", City's Scope of Work in the Request for
Proposals
(c) CONSULTANT's Proposal of Services, and any written
modifications thereto.
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
CITY OF PALM DESERT HARRIS & ASSOCIATES
Municipal Corporation Consultant
Richard S. Kelly, Mayor Authorized Signature
Date: Date:
ATTEST: APPROVED AS TO CONTENT
Rachelle D. Klassen, City Clerk Mark Greenwood, P.E.
Director of Public Works
David J. Erwin, City Attorney
�
Exhibit A
SCOPE OF WORK
CONSULTANT SERVICES FOR INVENTORY
OF PUBLIC SIDEWALKS AND STREET INFRASTRUCTURE
PROJECT NO. 761-07
The Consultant shall inventory approximately 170 street centerline miles of City
sidewalks to assess current conditions and compliance with Americans with
Disabilities Act (ADA) standards. The Consultant will use Digital Roadway
Imaging that will generate a digital inventory and generate GPS and GIS date for
the sidewalks and other street infrastructure including red curb, traffic signs,
striping and markings, and catch basins.
The sidewalk inventory scope of work is divided into the following six tasks:
Task 1. Initial Coordination meetings and Base Data Collection and Review
A kickoff meeting and other initial coordination meetings will be arranged by the
Consultant to obtain and discuss existing City aerial and other maps, applicable
ADA facility details, City codes and standards, City GIS software and systems.
Also to be discussed will be the procedures, schedule, and the establishment of
the content, limits, and methods of the field survey and data collection. The
Consultant shall review in detail all information received from the City to provide
a more intelligent and systematic background for the field data collection and
data analysis. Appropriate agencies such as all utility companies and bus
service providers shall be contacted to gather information regarding their facilities
and needs. The consultant shall review and recommend any changes to current
City ADA standards and plans.
Task 2. Survev Manual, Data Collection and Analysis Planninq
The Consultant shall prepare a survey manual that will be the basis of what is to
be surveyed, the attributes and methods that will be used to populate the survey
database, and the identification of all types and conditions that at a minimum
shall include digitized sidewalk attributes and obstructions, sidewalk widths, curb
ramps, bus stop areas, signs, lighting and signal poles, utility facilities, right of
way constraints, and all ancillary appurtenances. The consultant shall also
inventory and extract data for red curb locations and limits, traffic signs,
pavement striping and markings, catch basins, and median landscaping.
The Consultant shall design the basic data structure for the inventory to
formulate the most efficient routing of the fieldwork and develop data sheets to
be used for all the fieldwork. The field data sheet will be designed to optimize the
efficiency of fieldwork and the subsequent data management and processing.
ArcView GIS software shall be used to plan the logistics of fieldwork and the
Consultant shall create a database structure to enter the inventory data and to be
seamlessly interfaced with the City GIS.
Exhibit A
Task 3. Field Analysis and Data Collection
The Consultant shall perform the field survey and digitized data collection and
enter the data into the main database. Data collection at a minimum shall
include:
• Identification of street and sites
• Digital photographs of existing curb ramps, areas needing repair, utilities,
and other features
• Identification of type (meandering or straight) and measurement of
sidewalk widths, unpaved areas, and bus shelters
• Condition of sidewalks and areas needing repair
• Features and measurements of existing curb ramps including the type of
ramp, accurate measurements of existing ramp slope, landing, side slope,
lip height, gutter slope, truncated domes, crosswalk striping type and other
features
• Right of way constraints identified by location of fences, walls, or private
properties
The Consultant shall enter the collected data into the main database using
programs and formats that can be easily converted to facilitate the use of
ArcView GIS. At each intersection corner, a drawing will be prepared to show
the general layout of the site and the critical dimensions, utilities, obstructions,
and approximate right of way constraints. A site photograph database will also
be created to link with main database with a corresponding unique identifier in
the attribute database table.
The main database, photograph files, plans, sketches, and cost estimates will be
delivered on a compact disc (CD). The City of Palm Desert GIS staff will create
the GIS mapping and the display of information from the data provided by the
Consultant.
Task 4. Conceptual Improvement Plans
For sidewalk locations with ADA constraints or in need of repair, a conceptual
improvement plan and costs shall be prepared to show the proposed
improvement, modification or relocation. The plans shall be developed in
conformance with applicable ADA, City, and other agency standards. The plans
shall be prepared in AutoCAD format and presented in 8.5" x 11" sheets for
convenience in reporting. The plans will be converted to ArcView file format and
linked to the main database.
Task 5. Progress Report and Coordination
The Consultant shall submit a detailed progress report to the City project
manager at the end of every month. The report will describe the progress of
Exhibit A
work, issues or problems encountered, resolution status, and planned schedule
for the next month. During the progress of the work, the Consultant project
manager will coordinate with the City project manager on a regular basis or when
necessary to resolve critical issues and confirm assumptions, deviations, special
status, and selection of unit construction costs.
The Consultant shall perform quality assurance and budget-control functions
throughout the work. Quality assurance review shall be specifically performed at
the completion of each task. Budget and schedule review will be conducted
monthly through detail analysis of staff hours expended and progress to date.
Any deviations from project schedule or established budget shall be reported and
approved by the City project manager.
Task 6. Draft and Final Reports
The Consultant wil! prepare and submit six copies of a draft and final report
based upon the information that is collected and analyzed in the field as will as
the overall findings and recommendations. The draft report submittal will contain
an inventory list of improvements sorted by location, street, and ascending order
of ADA non-compliance and improvement costs. A final report shall be submitted
after revisions are made to address comments on the draft report.
The Consultant will complete the above tasks according to this draft schedule:
Task Schedule for Completion
1 2 Weeks
2 4 Weeks
3 16 Weeks
4 4 Weeks
5 Monthly
6 6 Weeks
Total 32 Weeks
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