HomeMy WebLinkAboutHA23650A - Harris & Associates�X �1P�IT� �
Apri128, 2006
Attn: Lauri Aylaian
City of Palm Desert Redevelopment Agency
Development Manager
Citv of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA. 92260-2578
RE: California Villas Renovation Project
Subject: Construction Management/Inspection Services
Ms. Alyaian,
Harris & Associates
Program Managers
Construction Managers
Civil Engineers
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APR 2 81006
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In formalizing our discussions today relating to providing Construction Management and
Inspection related services for the California Villas Renovation project, please find the
attached revised cost proposal for Building Exterior, Phase (I). A proposed Phase (II),
Site Improvements cost proposal is included, but is understood it be deferred to a later
date.
In addition, you will find an attached Standard Scope of Services outlining Harris &
Associates responsibilities/tasks for this project.
The agreed Phase (I) amount in accordance with our negotiations is $149,760.00.
I want to personally thank you for considering our firm and continuing our professional
working relationship with Palm Desert Redevelopment Agency. If you should have any
questions or require additional information, contact me at your earliest convenience.
Sincerely,
F�
S. Herrera, Jr.
1 Manager
TES
- .._�
File: H&:A.PDRDA.CVRP.Ltr
74-333 Highway 111, Suite 101 Palm Desert, California 92260 760.340.6111 FAX 760.340.6433 coachellavalley@harris-assoc.com
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STANDARD SCOPE OF SERVICES
1.0 CONSTRUCTION PHASE SERVICES
1.0.01 On-Site Manaqement � Construction Phase Communication Procedures - HARRIS
shall provide and maintain a part time management team on the Project site to provide
contract administration as an agent of the CLIENT, and HARRIS shall establish and
implement coordination and communication procedures among CLIENT, HARRIS, Design
Professional and Contractors.
1.0.02 Construction Administration Procedures - HARRIS shall establish and implement
procedures for reviewing and processing request for clarifications and interpretations of
the Contract Documents; shop drawings, samples and other submittals; contract schedule
adjustments; change order proposals; written proposals for substitutions; payment
applications; and the maintenance of logs. As the CLIENT's representative at the
construction site, HARRIS shall be the party to whom all such information shall be
submitted.
1.0.03 Reports - Prepare any reports that may be required during the construction phase.
Prepare monthly reports to CLIENT.
1.0.04 Review of Requests for Information. Shop Drawinqs, Samples 8� Other Submittals
HARRIS shall review the Contractors' requests for information, shop drawings, samples
and other submittals to determine the anticipated effect on compliance with the Project
requirements, the Project and Construction Budget, and the Master Schedule. HARRIS
shall forward to the Design Professional for review the request for clarification or
interpretation, shop drawing, sample, or other submittal, along with HARRIS' comments.
HARRIS' comments shall not relate to design considerations, but rather to matters of
constructability, cost, sequencing, scheduling and time of construction, and clarity,
consistency, and coordination in documentation. HARRIS shall receive from the Design
Professional, and transmit to the Contractor, all information so received from the Design
Professional.
1.0.05 Chanqe Order Preparation, Neaotiation and Processinq - Establish, impiement and
coordinate systems for processing all contract change orders. Prepare independent cost
estimate for all contract change orders. Negotiate all contract change orders with the
Contractor. Prepare contract change order document for execution by Contractor and
CLIENT.
1.0.06 Chanpe Order Reports - HARRIS shall periodically prepare and distribute Change Order
Reports during the Contraction Phase. The Report shall list all CLIENT-approved change
orders by number, a brief description of the change order work, the cost established in the
change order and percent of completion of the change order work.
H&A.PDRDA.Scope
1
1.0.07 Minor Variations in the Work - HARRIS may authorize minor variations in the Work from
the requirements of the contract Documents that do not involve an adjustment in the
contract price or the contract time and which are consistent with the overall intent of the
Contract Documents. CLIENT shall provide to the Design Professional copies of such
authorizations.
1.0.08 Contractor's Construction Schedule - HARRIS shall review each Contractor's
Construction Schedule and shall verify that the schedule is prepared in accordance with
the requirements of the Contract Documents and that it establishes completion dates that
comply with the requirements of the Master Schedule.
1.0.09 Maintain "As-Built" Schedule - Maintain, on a printout of agreed upon schedule, a daily
track of Contractor's efforts during construction.
1.0.10 Proqress Pavments - HARRIS shall review the payment applications submitted by each
Contractor and determine whether the amount requested reflects the progress of the
Contractor's work. HARRIS shall make appropriate adjustments to each payment
application and shall prepare and forward to the CLIENT a Progress Payment Report.
The Report shall state the total contract price, payments to date, current payment
requested, retainage and actual amounts owed for the current period.
1.0.11 Photoqraphs — Provide photographic documentation of construction project
conditions/rogress during construction.
1.0.12 Maintain "As-Built" Drawinqs - Maintain one set of contract documents with up-to-date
information regarding all addendum, substitutions, clarifications and change orders.
1.0.13 Coordinate Field Testinq Services - Schedule and coordinate all field-testing services.
1.0.14 Coordinate Laboratory Testinq Services - Schedule and manage all laboratory testing
services.
1.0.15 Coordination of Other Independent Consultants - Technical inspection and testing
provided by others shall be coordinated by HARRIS. HARRIS shall receive a copy of all
inspection and testing reports on the day of the inspection or test.
1.0.16 Reports - Prepare monthly summary reports of construction progress. Prepare any other
reports related to field services.
1.0.17 Field Inspection - Provide partial-time field inspection services to verify compliance with
the contract documents.
H&A.PDRDA.Scope
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2.0 FINAL ACCEPTANCEICLOSEOUT SERVICES
2.0.01 Meetinqs - Conduct and coordinate meetings with CLIENT and Contractor related to
project completion. Prepare meeting notices and prepare and distribute meeting minutes.
2.0.02 Consultant Manaqement - Monitor and coordinate the efforts of the design consultants
and specialty consultants during the final acceptance and project closeout.
2.0.03 Final Inspection and Punchlist - Provide final inspection and prepare list of project
construction deficiencies for resolution by Contractor.
2.0.04 Construction Approval/Acceptance - Make recommendations to owner regarding final
project approval and acceptance.
2.0.05 Final Pavment- Make recommendations to CLIENT regarding Contractor's final progress
payment request. Prepare final progress payment report for submission to CLIENT.
2.0.06 Warrantv Coordination - Assist CLIENT during project warranty period if corrective work
is required.
2.0.07 Proiect Closeout - Prepare all documentation needed for project closeout. Deliver all
project documentation to CLtENT.
2.0.08 Final Report - Provide CLIENT with a project final report that includes the following:
A summary of project change orders.
A construction summary and schedule review.
A summary of final acceptance.
A review and report on the general contractor, subcontractors and major equipment
suppliers.
H&A.PDRDA.Scope
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AGREEMENT FOR PROFESSIONAL SERVICES
th
This AGREEMENT is made and entered into this 11 day of May, 2006,
(“Effective Date”) by and between the PALM DESERT HOUSING AUTHORITY
(“Authority”) and HARRIS & ASSOCIATES, a California corporation “Consultant”)
(sometimes referred to individually or collectively as “Party” or “Parties”).
WITNESSETH
WHEREAS, Authority desires to retain Consultant as an independent contractor
to perform certain technical and professional consulting services in connection with the
California Villas Rehabilitation 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 in Exhibit A, Scope of 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 Authority.
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 Ramiro S. Herrera, Jr. (“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 Authority 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 Authority, and shall prosecute to completion
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each task listed in Section 3 in a timely and diligent manner 39 calendar weeks of
receipt of a Notice to Proceed.
2. Services by Authority:
2.1 Authority Representative. For the purposes of this Agreement, the
Authority Representative shall be Lauri Aylaian, or such other person designated by the
Authority’s Executive Director (“Authority Representative”).
2.2 Provision of Data. All information, data, reports and records and
maps as are existing and available from the Authority and necessary for the carryings
out of the work outlined in Exhibit "A" hereof shall be furnished to Consultant without
charge by Authority, and Authority shall cooperate in every way reasonable in the
carrying out of the work without delay.
2.3 Project Budget. The Authority shall provide a budget for the project
that shall include contingencies for bidding, changes during construction, and other
costs which are the responsibility of the Authority.
2.4 Tests and Inspection. The Authority 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
Authority 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 Authority.
3. Consultant’s Scope of Work. Upon delivery by Authority 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 Exhibit A
appended to this Agreement.
3.1 Reporting & Record Keeping. To assist Authority in the
performance of its planning, reporting, and financial administration obligations,
Consultant shall, throughout the term of this Agreement, keep Authority 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 Authority 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 described in Exhibit A. Upon the completion
of work, and if requested by the Authority, Consultant shall deliver to Authority 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.
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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 Authority in the event Consultant receives a
subpoena or court order requiring disclosure of confidential information.
4. Not Used.
5. Compensation. Authority shall pay Consultant for the Services provided
under this Agreement on the following basis.
5.1 Not-to-Exceed Fee: Authority shall pay to Consultant a total amount
not to exceed $149,760 for Phase A Exterior Building Renovations for the basic
services described in Exhibit A. Payment shall be made on a monthly basis, based
upon the hourly rates defined in Exhibit B, multiplied by the number of hours worked by
each classification of personnel assigned to the project during the previous calendar
month. 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
Exhibit A shall be reimbursed on a time-spent basis at the hourly rates described in
Exhibit B. Authority shall not be obligated to compensate Consultant for additional
services performed without advance authorization from the Authority 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 Authority in writing prior to the
performance or incurrence of such services, expenses or costs. Any additional
services, expenses or costs authorized by Authority shall be compensated at rates
mutually agreed upon by the Parties in writing.
6. Method of Payment.
6.1 Invoices. Consultant shall submit to Authority 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. Authority shall review such invoices and notify
Consultant in writing within fifteen (15) calendar days of any disputed amounts.
6.2 Payment. Authority 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 Authority.
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7. Ownership of Work Product.
7.1 Property of Authority. 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
Authority without restriction or limitation upon its use or dissemination by Authority.
Promptly upon the completion of each Assignment, or at any other time upon
reasonable notice to Consultant by Authority, Consultant shall deliver all Work Products
to Authority.
7.2 Re-Use of Work Product. Authority and Consultant agree that all
documents, other than invoices, prepared by Consultant pursuant to this Agreement
shall be used exclusively for the subject project, and shall not be used for any other
work without the mutual agreement of the Parties. Such material shall not be the subject
of a copyright application by Consultant. In the event Consultant permits the reuse or
other use of such Work Product, Authority shall require the party using them to
indemnify and hold harmless Authority and Consultant regarding such reuse or other
use, and Authority shall require the party using them to eliminate any and all references
to Consultant from such Work Product. In the event Authority re-uses such Work
Product on any project other than the project for which they were prepared, such reuse
shall be at the sole risk of Authority unless Authority compensates Consultant for such
reuse.
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 subconsultants shall not,
without the prior written approval of the Authority Executive Director, 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, Authority 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,
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percentage, brokerage fee, gift or contingent fee.
8.3 No Financial Interest - Authority. No officer, member or employee
of Authority 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 Authority Board, or officer or employee
of Authority, 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 project.
9. Indemnification. Other than in the performance of professional services
and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold
the City, Authority, and City’s and Authority’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 Authority, 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
Authority, any of City’s or Authority’s elected officials, officers, employees or agents.
In addition to the foregoing, Consultant shall indemnify, protect, defend and
hold harmless the Authority 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.
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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 Authority in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to Authority.
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.
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 Authority’s Risk Manager.
11. Status as Independent Contractor. Consultant is, and shall at all times
remain as to Authority, a wholly independent contractor. Consultant shall have no
power to incur any debt, obligation, or liability on behalf of Authority. Neither Authority
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 Authority’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,
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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 Authority
or City relating to Consultant’s performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation, which Authority or
City might require.
15. Termination. The right is reserved by the Authority 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 Authority, 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.
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 Authority’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 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:
Authority: Carlos L. Ortega, Executive Director
Palm Desert Redevelopment Authority
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
With a copy to: Lauri Aylaian, Redevelopment Manager
Palm Desert Redevelopment Authority
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
Consultant: Harris & Associates
74-333 Highway 111
Palm Desert, California 92260-2578
Tel: (760) 346-6111
Fax: (760) 340-6433
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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 Authority of any payment to Consultant constitute or be construed as a
waiver by Authority 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 Authority shall in no way
impair or prejudice any right or remedy available to Authority 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 Authority. 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
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the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all
references to Sections are 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.
HARRIS & ASSOCIATES
By: _________________________________
Its: _________________________________
By: _________________________________
Its: _________________________________
PALM DESERT HOUSING AUTHORITY
Jim Ferguson, Chairman
ATTEST:
_______________________________
Rachelle D. Klassen, Secretary
APPROVED AS TO FORM
_______________________________
Dave Erwin, City Attorney
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EXHIBIT A
SCOPE OF CONSTRUCTION MANAGEMENT SERVICES
SCOPE OF SERVICES
Consultant shall provide the following services under the terms of the Agreement:
1. Attendance at, and conduction of, progress meetings and special meetings as
required during the construction phase of project. The CM shall provide written
meeting minutes to the Authority’s representative for review within three business
days of the date of each meeting. After approval by the Authority representative,
the CM will be responsible for distribution of the minutes.
2. Identification of potential change order issues and negotiation of change order
proposals submitted by the contractor during construction.
3. Review and recommendation on each pay application submitted by the
contractor(s).
4. Periodic review of the as-built documents as they are in progress.
5. Field visits and site observations as are appropriate for the stage of construction
and to keep the Authority fully advised as to the status of construction.
6. Coordination with the testing and inspection lab, the architect/engineer, the building
commissioning agent, and the City of Palm Desert’s Building and Safety inspectors
to make sure that necessary consultants are available onsite at appropriate times
so as to conduct their technical investigations or observation without impeding the
progress of the contractor.
7. Conducting the final inspection and subsequent follow-up inspections to determine
that the contractor’s work is complete to the satisfaction of the Authority. (The
architect/engineer and their subconsultants shall participate in the technical input for
the punch list but the CM shall produce and distribute the punch list and monitor the
completion of items thereon.)
8. Reviewing and responding to correspondence prepared by the construction
contractor(s).
9. Monitoring and logging of RFIs, submittals, and field orders to ensure they are
reviewed and acted upon by the appropriate party within the time period required by
the contract documents.
10. Review and make recommendations on the contractor’s baseline schedule and on
monthly updates of the contract schedule. Monitor progress and validate (or require
revisions to) the contractor’s schedule and keep the Authority well advised as to the
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project progress, expected milestone dates, and impact on schedule of potential
owner-requested changes.
11. Performance of other duties as requested by the Authority.
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EXHIBIT B
CONSULTANT’S PROPOSAL AND HOURLY RATES
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