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Home My WebLink AboutC27510 - Harvey-Meyerhoff Consulting Group Contract No. 27510 AGREEMENT THIS AGREEMENT made and entered into this 10th day of April, 2008, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and HARVEY-MEYERHOFF CONSULTING GROUP, 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 environmental consultant services as set forth in the attached CONSULTANT's Cost Proposal and the CITY's Scope of Work contained in the Request for Proposals (RFP) and the CONSULTANT's Proposal, incorporated herein by reference, in connection with the performance of Portola Ave Widening Southbound between Portola Bridge and Magnesia Falls (Proiect No. 657-08). NOW, THEREFORE, the parties hereto agree as foflows: (1) CIN 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 attached CONSULTANT scope of work and cost proposal, the CITY's RFP Scope of Work, and the 1 Contract No. 27510 CONSULTANT's proposal, 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 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 senrices required hereunder will be performed by CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be qualified and shafl 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 project manager hereby 2 Contract No. 27510 designated by the CONSULTANT, as its representatives for supervision of the work required by this Agreement is Leslea Meyerhoff, AICP. (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 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 upan 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. 3 Contract No. 27510 (10) All documents including tracings, drawings, estimates, reports, investigations and computations shall be delivered to and become the property of the CITY upon GONSULTANT's receipt of payment for services rendered. CITY acknowledges and agrees that all reports and other documents prepared by CONSULTANT 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 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 all 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 supplementat 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 4 Contract No. 27510 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 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 Thirty Thousand, Five Hundred Seventy ($30,570.00). 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. 5 Contract No. 27510 (17) This Agreement shali 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: 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 6 Contract No. 27510 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 general liability, "errors and omission", automotive liability and workers compensation 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. (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. � Contract No. 27510 IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. CITY OF PALM DESERT HARVEY-MEYERHOFF CONSULTING GROUP Municipal Corporation Consultant Jean M. Benson, 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 s HMCG Environmental Consultants Cost Pro osal — Southbound Portola Avenue Widenin Pro'ect Task Personnel Rate Hours Total Task 1 - Project Management and Principal $175 S $1,400 Coordination with City and design Senior Project $I50 16 �2,400 en ineers M&N Mana er Subtotal: $3,800 Task 2 -Review Initial Study, Mitigated Env. Planner $85 8 �680 Negative Declaration,and supporting technical reports, and reference materials. Subtotal: $680 Task 3—Prepare draft Initial Study and Senior Project $150 8 $1,200 Mitigated Negative Declaration. Prepare Manager Notice of Completion/Availability, Senior Planner $125 12 $1,500 distribution list, and legal notice to be Env. Planner $85 32 �2,720 published by City. Conduct Quality Air Analyst $125 28 $3,500 Assurance/Quality Control program. Acoustical Eng. Fee $8,900 $8,900 Production Staff $45 16 $720 Subtotal: $18,540 Task 4-Respond to Comments,prepare Env. Planner $85 16 $1,360 Notice of Determination,and Mitigation Production Staff $45 8 �360 Monitoria & Re ort Pro ram Subtotal: $1,720 Task 5- Public Meetings Principal $175 8 $1,400 4 Project Meetings, Senior Pro}ect $150 20 $3,000 1 Planning Commission,and Manager 1 Cit Councii meetin Env. Planner $85 8 $680 Subtotal: $5,080 Travel EX ensCs- (Mileage reimbursement) $500 Re ort Co les—(Based on Direct Production Cost plus 10%) $250 Nnre.• Th�s cosr proposal is validJor 60 days. $30,570 Mr. John A. Garcia January 31, 2U08 City of Palm Desert Page 1 of 3 Southbound Portola Avenue Widening Cost Proposal HMCG Environmental Consultants Key Assumptions Regarding Scope of Work and Budget: • This Scope of Work and budget have been defined in response to available projcct description information and assuming that a new Initial Study and Mitigated Negative Declaration will be prepared for this project. The scope and budget may be altered as the City determines to meet the City's needs,budget obje�tives, or schedule. • The Scope of Work includes the preparation of documentation to meet requirements of the California Environmental Quality Act, and does not include National Environmental Policy Act compliance or other formal regulatory or resource agency coordination, consultation, or permitting documentation that may ultimately be reyuired for project implementation. • The Noise impact assessment will be prepared by HMCG with assistance from Urban Crossroads. Estimated costs are shown in the budget based upon literature review, field surveys, andlor technical reports. Upon award, a final Scope of Work and Budget for the Noise impact assessment will be developed in consultation with the City, and subject to review and approval by the City. • The Air Quality impact assessment will be prepared by HMCG. Estimated costs are shown in the budget based upon literature review, field surveys,and/or technical reports. Upon award,a detailed Scope of Work and Budget for the Air Quality impact assessment will be developed in consultation with the City,and subject to review and approval by the CiCy. • Relevant technical reports,mapping, and�,�raphics that have been developed will be made available in a useable electronic format for development of supporting ��-aphics in the Initial Study and Mitigated Negative Declaration. • Costs for individual tasks are not fixed, and actual costs may be shifted by HMCG as needed between tasks. • The City will be responsible for filing required notices in the local newspaper and with the City Clerk and County Clerk,and mailing notices to surrounding landowners. Mr. John A. Garcia January 31, 2008 City of Palm Desert Page 2 of 3 Southbound Portola Avenue Widening Cost Proposal HMCG Environmental Consultants 2008 Rate Schedule Principal&Senior Scientist $195 Principal&Senior Planner $175 Senior Project Manager $150 Project Manager $130 Assistant Project Manager $100 Senior Scientist $150 Environmental Scientist III $125 Environmental Scientist lI $100 Environmental Scientist I � 85 Legal Advisor/Regulatory Review $250 Senior Environmental Engineer $150 Environmental Engineer $125 Senior Environmental Planner $125 Environmental Planner II $]00 Environmental Planner I $ 85 Principal Biologist $125 Senior Biologist $100 Biologist/Field Assistant $ 80 Senior Archaeologist $115 Cultural Resources Specialist $ 95 Cultural Resources Field Assistant $ 7S Senior GIS Specialist $ 85 GIS Specialist $ 75 GIS Technician $ 65 Word Processor/Production Leader $ 55 Clerical/Production Staff $ 45 *Direct expenses including mileage,meals,copies, FedExJmail/phone/fax billed at cost plus 10`%. *Mileage charged at$0.525 for automobile;$0.70 for 4-wheel drive vehicle. 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