HomeMy WebLinkAboutR29450B - DW Lakeview Terrace/Kitchen Expnsn Contract No.R29450B
PALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: AUTHORIZATION TO NEGOTIATE A PROFESSIONAL
SERVICES AGREEMENT WITH BARNHART BALFOUR BEATTY
FOR CONSTRUCTION MANAGEMENT SERVICES IN AN
AMOUNT NOT-TO-EXCEED $170,400 FOR THE DESERT
WILLOW LAKEVIEW TERRACE AND KITCHEN/BUILDING
EXPANSION PROJECTS
SUBMITTED BY: Heather Buck, Project Coordinator
Martin Alvarez, Redevelopment Manager
FIRM: Barnhart Balfour Beatty
41-945 Boardwalk, Ste D
Palm Desert, CA 92211
DATE: March 25, 2010
CONTENTS: Fee Proposal
Draft Agreement
Recommendation
By Minute Motion:
1. Authorize the Executive Director to negotiate an agreement for
professional services with the Barnhart Balfour Beatty for construction
management services for the Desert Willow Lakeview Terrace and
Kitchen/Building Expansion projects in an amount not-to-exceed
$170,400 and an additional amount not-to-exceed $3,500 for
reimbursable expenses;
2. Approve a 10% contingency in the amount of $17,040 (use of
contingency requires additional action);
3. Authorize the Executive Director to execute the agreement; and
4. Appropriate $190,940 from the Unobligated Project Area No. 2 Fund to
Redevelopment Agency (RDA) Post Construction Costs, Account No.
851-4663-454-4001.
Staff Report Contract No.R29450B
Approve Professional Services Agreement for DW Construction Management Services
March 25, 2010
Page 2 of 4
Executive Summary
Approval of staff's recommendation will authorize staff to negotiate a contract with
Barnhart Balfour Beatty for construction management services for the Lakeview Terrace
and Kitchen/Building Expansions at the Desert Willow Golf Resort.
Background
On December 10, 2009, the Agency Board authorized award of a professional services
contract with SMS Architects for the final design of the Desert Willow Lakeview Terrace
Expansion. The proposed expansion increases the outdoor terrace seating capacity by
100 seats and banquet capacity by 250. In addition, the expansion adds flexibility to
host multiple events simultaneously while preserving the ability to service residents and
guests.
At the January 28, 2010, Agency Board meeting, the Agency Board authorized award of
a professional services contract with MDR Architects for the final design of the Desert
Willow Kitchen/Building Expansion. The concept plan includes, but is not limited to the
following components:
• Remodel of the existing lobby/bar area to accommodate an expanded bar area
with the relocation of two offices.
• Expansion of the lobby/ballroom hallway to eliminate the pinch point.
• Enclosure of the existing ballroom to reduce noise.
• A 5,264 square foot expansion to the kitchen/building at east end of clubhouse.
• Modification to the ballroom audio visual, window shading, and lighting.
On February 24, 2010, a Request for Proposals (RFP) was published for construction
management services for the two projects (Lakeview Terrace and Kitchen/Building
Expansion) to aid the Agency with the following tasks:
• Performance of constructability review.
• Review of schedule/phasing/budget.
• Bidding and negotiation assistance.
• Preparation and issuance of addenda.
• Conduct the progress meetings, and special meetings as required during the
construction phase of project.
• Identification of potential change orders.
• Review and recommendation of pay applications.
• Periodic review of the as-built documents.
• Field visits and site observations during construction.
• Coordination with the testing and inspection lab(s), contractor(s), architects and
the City inspectors.
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Staff Report Contract No. R29450B
Approve Professional Services Agreement for DW Construction Management Services
March 25, 2010
Page 3 of 4
• Conducting the final inspection to determine that the contractor's work is
complete.
• Reviewing and responding to correspondence prepared by the construction
contractor(s).
• Monitoring and logging the request for information (RFIs), submittals, and field
orders
On March 12, 2010, staff received 20 proposals for construction management services
for this project. A review committee comprised of Agency, City, and Desert Willow staff
participated in evaluating all responses to the RFP. Each of the responses was
objectively evaluated on the basis of qualifications, public agency experience, history of
work experience on similar projects, scope of services, location of the firm, and fees.
Below is a list of the top three ranked firms along with a list of all firms who submitted a
proposal:
Firm Location Responsive
Barnhart-Balfour Beatty Palm Desert, CA Yes
Roel Construction Co. Palm Desert, CA Yes
GKK Works La Quinta, CA Yes
Project Management Collaboration Encino, CA Yes
LCC3 Construction Services Inc. Rancho Cucamonga, CA Yes
Perera Construction & Design Inc. Ontario, CA Yes
Allan Levin Associates Palm Desert, CA Yes
Critical Solutions Inc. Walnut Creek, CA Yes
PSOMAS Riverside, CA Yes
Vanir San Bernardino, CA Yes
Dudek Encinitas, CA Yes
Anchor Engineering Inc. Lafayette, CA Yes
Totum Long Beach, CA No
KKG Inc. Montclair, CA Yes
Gafcon Inc. San Diego, CA Yes
Ledesma & Meyer Construction Co. Inc. Rancho Cucamonga, CA Yes
RC Construction Services Inc. La Quinta, CA Yes
Bernards Ontario, CA No
Penta Palm Desert, CA Yes
Gray Construction Management Palm Desert, CA No
After review of all proposals, Barnhart was selected as the most qualified firm. Barnhart
was part of the design/build team that constructed the original clubhouse and is familiar
with the project. Barnhart has successfully assisted the Agency with several projects.
Their rates are within the industry standard and comparable to the other top-ranked
firms who submitted proposals for this project.
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Staff Report Contract No. R29450B
Approve Professional Services Agreement for DW Construction Management Services
March 25, 2010
Page 4 of 4
Schedule:
It is anticipated that construction of the Lakeview Terrace will commence in June 2010,
and will be completed by September 2010. The construction of the Kitchen/Building
Expansion will commence in August 2010, and will be completed by January 2011. The
construction of the overflow parking lot will commence in July 2010, and will be
completed by October 2010.
Staff recommends that the Agency Board authorize staff to negotiate a professional
services agreement with Barnhart Balfour Beatty for construction management services
for the design of the kitchen and building expansion at the Desert Willow Resort.
Fiscal Analysis
The estimated construction cost for the Lakeview Terrace and the Kitchen/Building
expansion is $3.95 million, including the lobby remodel. The preliminary construction
cost has been considered. Additional revenues produced as a result of the expansion
may augment future General Fund revenues. Funds are available in the Unobligated
Project Area 2 Fund; therefore, there is no immediate fiscal impact to the General Fund.
Submitted By:
He ther Buck, Project Coordinator artin Alvarez, Redevelopment Mgr.
Department Head:
dwi occi BY RDA j --
ON _ 49S- O I G
J i McCarthy, ACM for development VERIFIED BY fa1
�.J
Original on file with City Clerk's Office
Paul S. Gibson, Finance Director
Approval:
J M. Wohlmuth, Executive Director
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AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this day of , 2010,
("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY
("Agency") and a
("Consultant") (sometimes referred to individually or collectively as "Party" or "Parties").
WITNESSETH
WHEREAS, Agency desires to retain Consultant as dependent contractor to
perform certain technical and professional consulting , ,_ in connection with the
Desert Willow Lakeview Terrace and Kitchen/ , q"k ansion Construction
Management Services project, subject to the terry} a condi specified below, in
the documents attached and incorporated herein, ndapplicable f aI, state and local
law.
NOW, THEREFORE, in considerationoaf perfoce by the Parties of the
mutual promises, covenants, and conditions h c. . ed, the Parties hereto agree
as follows: f , Af
1. Consultant's Servic� k "A
1.1 Nature of Servic` Conn,. sh Nrovide professional and
technical services on a n clusive s,
as�)�� 4`_ � cu arly described in Section 3,
below, and in Exhibit .Servic r� h'' ' �
1.2 � rsonnel ' , onsulta represents that it has, or will secure at its
s d,
own expense, all onnel re M d to pe `r the services under this Agreement. All
of the services requ and ' a h eemen ,, ill be performed by Consultant or under
its direct supkry0ion, ,t erson `' ` d in the work shall be qualified, and shall
be authorized'i itteil der state and'local law to perform such services.
1.3 dard "., Performance. Consultant shall perform all services
under this Agreement '`° ccor" ` e with the standard of care generally exercised by
like pre ssionals under ' ilar circumstances and in a manner reasonably satisfactory
to Agency
4 Co nt Re resentative. For the purposes of this Agreement,
' '
the registered * `` ,i :'engineer, or landscape architect who will serve as the
Consultant Represe ",. a shall be ("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 Agency 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
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of a written Notice to Proceed from the Agency, and shall prosecute to completion each
task listed in Section 3 in a timely and diligent manner in accordance with the schedule
appended to this agreement as Exhibit B.
2. Services by Agency:
2.1 Agency Representative. For the purposes of this Agreement, the
Agency Representative shall be Martin Alvarez, or such other person designated by the
Agency's Executive Director("Agency Representative").
2.2 Provision of Data. All information, data : ports and records and
maps as are existing and available from the Agency and necessary for the carryings out
of the work outlined in Exhibit "A" hereof shall be furnish4to; onsultant without charge
by Agency, and Agency shall cooperate in everyway
g Y p reasonable in the carrying out of
the work without delay.
2.3 Project Budget. The Agency 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 Agency..
2.4 Tests and Inspection. The Agency shall furnish structural,
mechanical, chemical, and other laboratory tests, ipections, and reports as required
by law or the contract documents, proded,,however thatthe Consultant shall advise the
Agency in advance of the necessity of such p ests and inspections, and shall coordinate
and cooperate with the testing and inspection agencies, If any, at no additional cost to
the Agency.
3. Consult s SCE of WorkUpon delivery by Agency to Consultant of
a written Notice to Proceed, ConOultant shell immediately commence work pursuant to
this Agreement. Consultant's SC-ape of work'::shall consist of the services in Exhibit A
appended to this Agrpent
." .. Report( & Record Keeping. To assist Agency in the performance
of its planning, re grting, 4nd financial administration obligations, Consultant shall,
throughout the term tit A :eement, keep Agency reasonably informed of progress
on work required under,,,Os Agient, and of any problems or delays, anticipated or
otherwise,associated wit each aspect of the work. Consultant shall promptly respond
h�
to any request by Agency for information, progress reports, or documentation.
Consultant shoji maintain curate records of all work performed for each Assignment
under this Agreement,jriCtuding 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 Agency, Consultant shall deliver to Agency 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 Agency in the event Consultant receives a
subpoena or court order requiring disclosure of confidential information.
4. Compensation. Agency shall pay Consultant for the Services provided
under this Agreement on the following basis.
4.1 Not-to-Exceed Fee: Agency shall pay to Consultant a total amount
not to exceed $ for the basic services'described in Exhibit A.
Payment shall be made on a monthly basis, based upon the hourly rates defined in
Exhibit C, multiplied by the number of hours worked byby,eichrOlassification of personnel
assigned to the project during the previous calendar month. The not-to-exceed fee shall
not be exceeded without written agreement betweenahe parties.
4.2 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 C. Agency shall not be obligated to compensate Consultant for additional
services performed without advance authorization from theAgency Representative.
4.3 Reimbursable Expenses: Agency shall pay to Consultant actual
costs plus ten percent (10%), subject to ,the limitation given below, for expenses
incurred on behalf of the project for long distance telephone,calls, reproduction, express
delivery and courier services, postage,gout-oft n ravel i' pre-approved in writing by
the Agency Representative, and other expenses'direct -iattributable to the project and
expressly approved by the A§ency Representative. Reimbursable expenses, including
Consultant's mark-up,'than not exceed $ for this project.
4.4 extraordinary I .xpensesosts. No claims for additional services,
expenses or costs incurredConsultant will be allowed unless such additional
services, expenses or its are authorized by Agency in writing prior to the
performance or incurrence, of such services, expenses or costs. Any additional
services, expenses 'or".costs authorized by Agency shall be compensated at rates
mutually agreed upon by,the Parties in writing.
5. Method of Payment.
5 1 InvoiCes. Consultant shall submit to Agency invoices each month
for all services, if ny, 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. Agency shall review such invoices and notify
Consultant in writing within fifteen (15) calendar days of any disputed amounts.
5.2 Payment. Agency 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.
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5.3 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 Agency.
6. Ownership of Work Product.
6.1 Property of Agency. 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 arid remain the property of
Agency without restriction or limitation upon its use or Ilissemination by Agency.
Promptly upon the completion of each Assignment, or at any other time upon
reasonable notice to Consultant by Agency, Consultant shall deliver all Work Product to
Agency.
6.2 Re-Use of Work Product. Agency 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 re-use or
other use of such Work Product, Agency.shall require the party using them to indemnify
and hold harmless Agency and Consultant regarding such re-use or other use, and
Agency shall require the party using them to eliminate;any and all references to
Consultant from such Work Product. in the event Agency re-uses such Work Product
on any project other than the project for which they were prepared, such re-use shall be
at the sole risk of Agcy unlesAgency compensates Consultant for such reuse.
7. Conflict of Intererohibited Conduct and Interests
7.1 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 apPticable 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 Agency 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.
7.2 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,
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contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, Agency 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.
7.3 No Financial Interest - Aaencv. No officer, member or employee of
Agency during his or her tenure or one (1) 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 Agency Board,,or,:officer or employee of
Agency, has any interest, whether contractual, non-contractual;., nancial 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 Witt 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.
7.4 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 .,14,,no time during the term of
this Agreement, and for one (1) year thereafter;shtat! Consultant or anyone acting on
Consultant's behalf, actaPt 4inything of yialiie from any contractor or subcontractor
performing services in connection with the project.
8. Inderrfication, ,Other than in the performance of professional services
and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold
the City, Agency, and Cit 's and Agency'e-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 fe „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 body injury, death or property damage to any individual or entity,
including employers or o ficials 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 sub-Consultants (or any entity or individual that the
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Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement.
9. 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 Agency in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to Agency.
9.1 Workers' Compensation. .,3 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.
9.2 Professional Liability or Errors nd 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 tinder 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.
9.3 Au mobile Liebi#'ty. Consultant shall provide auto liability
coverage with a limit of no lest than $1,rei,000 per accident. If Consultant owns no
vehicles, this requirement may be met through a non-owned auto endorsement to the
CGL policy.
9.4 er. if the Consultant does not carry Worker's
compensation Coverage, ` tr `x the Consultant will not operate any vehicles at any time
within the scope of'the serves in the agreement, provisions for these coverages may
be waived upon review and approval of the Agency's Risk Manager.
10. Status as Independent Contractor. Consultant is, and shall at all times
remain as to Agency, a wholly independent contractor. Consultant shall have no power
to incur any debt, obligates,, or liability on behalf of Agency. Neither Agency 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.
11. Non-Assignability; Subcontracting. Consultant shall not assign or
subcontract all or any portion of this Agreement without the Agency's prior, written
consent. Any attempted or purported assignment or sub-contracting by Consultant shall
be null, void and of no effect.
12. 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,
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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.
13. Cooperation. In the event any claim or action is brought against 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.
14. Termination. The right is reserved by the Agency 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 Agency, 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.
15. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be given b rst class U.S.;mall 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 Agency'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' ollowing addresses:
Agency: 4ohn M. Wohlmuth, Executive Director
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
With a copy to: Martin Alvarez
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
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Consultant:
Tel:
Fax:
16. 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 Agency of any payment to Consultant constitute or be construed as a
waiver by Agency 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 Agency shall in no way
impair or prejudice any right or remedy available to Agency with regard to such breach
or default.
17. Attorney's Fees. In the event that either Party to this Agreement shall
commence any legal action or proceeding for dams 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.
18. Exhibits; Precedence. All documents: referenced as exhibits in this
Agreement are hereby Ti Crated in . Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated hern by reference, the provisions of this Agreement shall
prevail.
19. Entire Agreerent. This Agreement, and any other documents
incorporated '`herein by "'specific reference, represents the entire and integrated
agreement between consultant and Agency. This Agreement supersedes all prior oral
or written negotiations,°representations or agreements. No promise or representation,
whether oral or written, express orm`mplied, 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.
20. 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.
21. Successors. This Agreement shall bind and insure to the benefit of the
respective heirs, personal representatives, successors and assigns of the parties to this
Agreement.
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22. 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.
23. 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.
24. In case of conflicts within the contract documents, the document
precedence shall be as follows:
(a) This Agreement
(b) Exhibit A-- Scope of Construction Management Services
(c) Exhibit B — Schedule
(d) Exhibit C— Hourly Rates
(REMAINDER OP PAGE INTENTIONALLY`LEFT BLANK)
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IN WITNESS WHEREOF, said parties have executed this Agreement effective
as of the Effective Date above.
CONSULTANT
By:
Its:
CONSULTANT
By:
Its:
PALM DESERT REDEVELOPMENT AGENCY
Cindy Finerty, Chairman
ATTEST:
Rachelle D. Klassen, Seta
ry
APPROVED AS TO FORM
Dave Erwin, City Attorney
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EXHIBIT A
PROPOSAL
•
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EXHIBIT B
SCHEDULE
NOTICE TO PROCEED DAY 0
CONCEPTUAL DESIGN SUBMITTAL DAYS FROM NTP
AGENCY REVIEW OF CONCEPTUAL DAYS
DESIGN
DESIGN DEVELOPMENT SUBMITTAL DAYS FROM RECEIPT OF
AGENCY`COMMENTS
AGENCY REVIEW OF DESIGN DAYS;
DEVELOPMENT
CONSTRUCTION DOCUMENTS SUBMITTAL ',tYS FROM RECEIPT OF
AGENCY COMMENTS
AGENCY REVIEW OF CONSTRUCTION DAYS
DOCUMENTS
SUBMISION FOR PLAN CHECK DAYS FROM RECEIPT OF
AGENCY COMMENTS
CONSULTANT INCORPORATION OF PLAN , DAYS FROM RECEIPT OF
CHECK COMMENTS PLAN CHECK COMMENTS
SUBMISSION FOR BACKCHECK DAYS
CONSULTANT SUBMITTAL OF ALL DAYS
DOCUMENTS FOR BIDDING AND
PERMITTING
BID PERIOD
DAYS
CONSTRUCTION PERIOD DAYS
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EXHIBIT C
HOURLY RATES
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State of California )
) SS.
County of
On , , before me,
Notary Public, personally appeared , a
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s)whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in fa /her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)acted, executed the instrument.
WITNESS my hand and official seal.
Signature (seal)
DESCRIPTION OF ATTACHEDOOCUMENT:
(TITLE OR TYPE OF DOCUMENT)
(NUMBER OF PAGES),.
(DATE OF DOCUMENT) Right Thumbprint of Signer
(Optional)
(SIGNER(S)OTHER°THAN NAMED ABOVE)
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