HomeMy WebLinkAboutContract 1637 C 46S
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
This Agreement is made and entered into as of the 14th day of October, 2015, by
and between the City of Cathedral City, a municipal corporation ("City")and ALTA Planning
and Design, a Corporation, ("Design Professional"):
RECITALS
A. Design Professional is specially trained, experienced and competent to
perform the special services which will be required by this Agreement; and
B. Design Professional possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
C. City desires to retain Design Professional to render professional services as
set forth in this Agreement.
AGREEMENT
SERVICES OF CONSULTANT
1. Scope of Services; Extra Work.
A. Design Professional shall furnish the services described in the Scope
of Services, attached hereto as Exhibit "A" and incorporated herein by this reference.
Design Professional shall provide said services at the time, place, and in the manner
specified in the Scope of Services.
B. At any time during the term of this Agreement, City may request that
Design Professional perform Extra Work. As used herein, Extra Work means any work
that is determined by City to be necessary for the proper completion of the services, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Design Professional shall not perform, nor be compensated for, Extra Work.
2. Familiarity with Work.
A. Design Professional warrants that it has investigated and considered
the scope of services, has carefully considered how the services should be performed and
understands the facilities, difficulties and restrictions attending performance of the services
under this Agreement.
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B. If the services involve work upon any site, Design Professional
warrants that it has, or will, investigate the site and is or will be acquainted with the existing
conditions, prior to commencement of services hereunder. Should the Design Professional
discover any latent or unknown conditions that may materially affect the performance of the
services hereunder, it shall inform the City of such fact and shall not proceed without
written instructions from the City except at its own risk.
3. Standard of Care. Services shall be performed by Design Professional in
accordance with generally accepted professional practices and principles and in a manner
consistent with the level of care and skill ordinarily exercised under similar conditions by
members of Design Professional's profession currently practicing in California. By delivery
of completed work, Design Professional certifies that the work conforms to the
requirements of this contract and all applicable federal, state and local laws and the
professional standard of care in California. Design Professional shall perform such
services and duties in conformance to and consistent with that degree of care and skill
consistent with the generally accepted professional standards prevailing at the time the
work is performed. In addition, Design Professional represents that its work product does
not infringe on any other copyrighted work. If Design Professional's work does infringe on
any other copyrighted work, this constitutes willful misconduct under this Agreement.
4. Independent Evaluation. Design Professional is responsible for making an
independent evaluation and judgment of all conditions affecting performance of the work,
including without limitation site conditions, existing facilities, seismic, geologic, soils,
hydrologic, geographic, climatic conditions, applicable federal, state and local laws and
regulations, and all other contingencies or design considerations. Data calculations,
opinions, reports, investigations, and other similar information provided by the City relating
to site, local or other conditions is not warranted or guaranteed, either expressly or
impliedly, by the City.
5. Licenses.
A. Design Professional represents and warrants to City that it has all
licenses, permits, qualifications, insurance and approvals of whatsoever nature, which is
legally required to practice its profession as well as perform the services as set forth
herein.
B. Design Professional represents and warrants to City that it shall, at its
sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Design Professional to practice its profession.
C. Design Professional shall maintain a valid City business license.
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6. Special Requirements. Additional terms and conditions of this Agreement, if any,
which are made part hereof are set forth in the Special Requirements, attached hereto as
Exhibit"A"and incorporated herein by this reference. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this agreement, the
Special Requirements shall govern.
COMPENSATION
7. Contract Sum. Compensation to be paid to Design Professional shall be in
accordance with the Schedule of Charges set forth in Exhibit"C", which is attached hereto
and incorporated herein by reference. In no event shall Design Professional's
compensation exceed One Hundred Thirty Nine Thousand, Eighty One Dollars
($139,081.00). No work or payment will be made by the City for future phases without the
prior written approval of the City.
8. Payment.
A. Design Professional shall submit monthly billings to City describing the
work performed during the preceding month. Design Professional's bills shall include a
brief description of the services performed, the date the services were performed, the
number of hours spent and by whom, and a description of any reimbursable expenditures.
B. City shall pay Design Professional no later than 30 days after approval
of the monthly invoice by City staff.
C. When payments made by City equal 95% of the maximum fee
provided for in this Agreement, no further payments shall be made until City has accepted
the final work under this Agreement.
PERFORMANCE SCHEDULE
9. Time of Performance.
The services of Design Professional are to commence upon execution of the Agreement,
with work to be completed pursuant to the Performance Schedule,which is attached hereto
as Exhibit "B" and is incorporated herein by this reference.
10. Time of Essence. Time is of the essence in the performance of this
Agreement.
COORDINATION OF WORK
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11. Independent Design Professional. Neither the City nor any of its employees
shall have any control over the manner, mode or means by which Design Professional, its
agents or employees, perform the services required herein, except as otherwise set forth
herein. City shall have no voice in the selection, discharge, supervision or control of
Design Professional's employees, servants, representatives or agents, or in fixing their
number, compensation or hours of service. It is understood that Design Professional, in
the performance of the work and services agreed to be performed, shall act as and be an
independent consultant and shall not act as an agent or employee of the City. Design
Professional shall obtain no rights to retirement benefits that accrue to City's employees,
and it hereby expressly waives any claim it may have to any such rights.
12. Conflicts of Interest.
A. Design Professional (including principals, associates and professional
employees)covenants and represents that it does not now have any investment or interest
in real property and shall not acquire any interest, direct or indirect, in the area covered by
this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Design Professional's
services hereunder. Design Professional further covenants and represents that in the
performance of its duties hereunder no person having any such interest shall perform any
services under this Agreement.
B. The City has determined that Design Professional is not a designated
employee within the meaning of the Political Reform Act.
13. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation,
experience and competence of Design Professional. Assignments of any or all rights,
duties or obligations of the Design Professional under this Agreement will be permitted only
with the express consent of the City. Design Professional shall not subcontract any portion
of the work to be performed under this Agreement without the written authorization of the
City. If City consents to such subcontract, Design Professional shall be fully responsible to
City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create
any contractual relationship between City and subcontractor nor shall it create any
obligation on the part of the City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise required by law.
RECORDS AND REPORTS
14. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Design Professional, its officers, employees and agents and
subcontractors in the course of implementing this Agreement, except working notes and
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internal documents, shall become the property of the City upon payment to Design
Professional for such work, and the City shall have the sole right to use such materials in
its discretion without further compensation to Design Professional or to any other party.
Design Professional shall, at their expense, provide such reports, plans, studies,
documents and other writings to City upon written request.
15. Licensing of Intellectual Property.
A. This Agreement creates a nonexclusive and perpetual license for City
to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other
intellectual property embodied in plans, specifications, studies, drawings, estimates, and
other documents or works of authorship fixed in any tangible medium of expression,
including but not limited to, physical drawings or data magnetically or otherwise recorded
on computer diskettes, which are prepared or caused to be prepared by Design
Professional under this Agreement ("Documents and Data").
B. Design Professional shall require all subcontractors to agree in writing
that City is granted a nonexclusive and perpetual license for any Documents and Data the
subcontractor prepares under this Agreement.
C. Design Professional represents and warrants that it has the legal right
to license any and all Documents and Data it provides to the City under this Agreement.
16. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data,written information, and
other Documents and Data either created by or provided to Design Professional in
connection with the performance of this Agreement shall be held confidential by Design
Professional. Design Professional shall not, without the prior written consent of City, use
such materials for any purposes other than the performance of the services under this
Agreement nor shall such materials be disclosed to any person or entity not connected with
the performance of the services under this Agreement. Design Professional shall not use
the City's name or insignia, photographs relating to project for which Design Professional's
services are rendered, or any publicity pertaining to the Design Professional's services
under this Agreement in any magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior written consent of City.
17. Books and Records.
A. Design Professional shall maintain any and all ledgers, books of
account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for services, or expenditures and disbursements charged to City for a
minimum period of three (3) years, or for any longer period required by law, from the date
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of final payment to Design Professional to this Agreement.
B. Design Professional shall maintain all documents and records which
demonstrate performance under this Agreement for a minimum period of three(3)years, or
for any longer period required by law, from the date of termination or completion of this
Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular
business hours, upon written request by the City Manager, City Attorney, City Auditor or a
designated representative of these officers. Copies of such documents shall be provided
to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an
alternative is mutually agreed upon, the records shall be available at Design Professional's
address indicated for receipt of notices in this Agreement.
D. Where City has reason to believe that such records or documents may
be lost or discarded due to dissolution, disbandment or termination of Design
Professional's business, City may, by written request by any of the above-named officers,
require that custody of the records be given to the City and that the records and documents
be maintained in City Hall. Access to such records and documents shall be granted to any
party authorized by Design Professional, Design Professional's representatives, or Design
Professional's successor-in-interest.
INSURANCES
18. Insurance Requirements.
A. Policies. Design Professional, at its own cost and expense, shall
procure and maintain, for the duration of the contract, the following insurance policies.
1. Workers Compensation Coverage. Design Professional shall
maintain Workers Compensation Insurance and Employer's Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Design
Professional shall require each subcontractor to similarly maintain Workers Compensation
Insurance and Employer's Liability Insurance in accordance with the laws of the State of
California for all of the subcontractor's employees. Any notice of cancellation or non-
renewal of all Workers Compensation policies must be received by the City at least thirty
(30) days prior to such change. The insurer shall agree to waive all rights of subrogation
against City, its officers, agents, employees and volunteers for losses arising from work
performed by Design Professional for City. This provision shall not apply if Design
Professional has no employees performing work under this Agreement. If the Design
Professional has no employees for the purposes of this Agreement, Design Professional
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shall sign the Certificate of Exemption from Workers Compensation Insurance attached
hereto as Exhibit "E", and incorporated herein by reference.
2. General Liability Coverage. Design Professional shall maintain
commercial general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a
commercial general liability insurance form or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit.
3. Automobile Liability Coverage. Design Professional shall
maintain automobile liability insurance covering bodily injury and property damage for all
activities of the Design Professional arising out of or in connection with the work to be
performed under this Agreement, including coverage for owned, hired and non-owned
vehicles, in an amount of not less than one million dollars ($1,000,000) combined single
limit for each occurrence.
4. Professional Liability Coverage. Design Professional shall
maintain professional errors and omissions liability insurance for protection against claims
alleging negligent acts, errors or omissions which may arise from Design Professional's
operations under this Agreement, whether such operations by the Design Professional or
by its employees, subcontractors, or sub consultants. The amount of this insurance shall
not be less than one million dollars ($1,000,000) per occurrence.
B. Endorsements. Each general liability and automobile liability
insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and
shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured's with respect to liability
arising out of work performed by or on behalf of the Design Professional, including
materials, parts or equipment furnished in connection with such work or operations.
2. This policy shall be considered primary insurance as respects
the City, its elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may have
shall be considered excess insurance only and shall not contribute with it.
3. This insurance shall act for each insured and additional insured
as though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
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4. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
5. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. At the City's option,
Design Professional shall demonstrate financial capability for payment of such deductibles
or self-insured retentions.
D. Certificates of Insurance. Design Professional shall provide
certificates of insurance with original endorsements to City as evidence of the insurance
coverage required herein. Certificates of such insurance shall be filed with the City on or
before commencement of performance of this Agreement. Current certification of
insurance shall be kept on file with the City at all times during the term of this Agreement.
19. Indemnity. To the fullest extent permitted by law, the Design Professional
shall indemnify, defend (with independent counsel approved by the City)and hold harmless
the City, and its directors, officers, and employees from and against all liabilities(including
without limitation all claims, losses, damages, penalties, fines and judgments, associated
investigation and administrative expenses, and defense costs, including but not limited to
reasonable attorneys' fees, court costs and costs of alternative dispute resolution)
regardless of nature or type that arise out of, pertain to, or relate to the negligence,
reckless, or willful misconduct of the Design Professional or the acts or omissions of an
employee, agent or subcontractor of the Design Professional. The provisions of this
paragraph survive completion of the services or the termination of this contract. The
provisions of this section are not limited by the provisions of section 18 relating to
insurance.
ENFORCEMENT OF AGREEMENT
20. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Design Professional. All prior written and
oral communications, including correspondence, drafts, memoranda, and representations,
are superseded in total by this Agreement.
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21. Waiver. Waiver of a breach or default under this Agreement shall not
constitute a continuing waiver of a subsequent breach of the same or any other provisions
under this Agreement. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
22. Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall
not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
23. Controlling Law Venue. The laws of the State of California shall govern this
Agreement and all matters relating to it and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
24. Litigation Expenses and Attorneys Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the
prevailing party shall be entitled to recover its reasonable litigation expenses, including
court costs, expert witness fees, discovery expenses, and attorneys fees.
25. Execution. This Agreement may be executed in several counterparts, each
of which shall constitute one and the same instrument and shall become binding upon the
parties when at least one copy hereof shall have been signed by both parties hereto. In
approving this Agreement, it shall not be necessary to produce or account for more than
one such counterpart.
26. Authority to Enter Agreement. Design Professional has all requisite power
and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and to bind each respective party.
27. Termination. City may terminate this Agreement immediately for cause. City
may terminate this Agreement without cause upon fifteen days written notice of
termination. Upon termination, Design Professional shall be entitled to compensation for
services performed up to the effective date of termination.
MISCELLANEOUS
28. Notices. Any notice required to be given under this Agreement shall be in
writing and either served personally or sent prepaid, first class mail. Any such notice shall
be addressed to the other party at the address set forth below. Notice shall be deemed
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communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: Charles P. McClendon
City Manager
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
If to Consultant:
29. Amendments. This Agreement may be modified or amended only by a
written document executed by both Design Professional and City and approved as to form
by the City Attorney.
30. Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
31. Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of this Agreement or any other rule of construction which
might otherwise apply.
CITY OFFICERS AND EMPLOYEES
32. Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Design Professional, or any successor in interest, in
the event of any default or breach by the City or for any amount, which may become due to
the Design Professional or to its successor, or for breach of any obligation of the terms of
this Agreement.
33. Prohibited Interests. Design Professional maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Design Professional, to solicit or secure this Agreement. Further, Design
Professional warrants that it has not paid nor has it agreed to pay any company or person,
other than a bona fide employee working solely for Design Professional, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or
resulting from the award or making of this Agreement.
34. Equal Opportunity Employment. Design professional represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
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employee or applicant for employment because of sex, marital status, race, color, religion,
ancestry, natural origin, physical handicap, sexual orientation or domestic partnership
status. Such nondiscrimination shall include, but not be limited to, all activities related to
initial employment upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination.
35. Period of Performance. The period of performance for each specific project shall
be in accordance with the Task Order for that project. If work on a Task Order is in
progress on the expiration date of this contract, the terms of the contract may be extended
by contract amendment.
36. Allowable Costs and Payments.
A. The method of payment for this contract shall be based on lump sum. The total lump
sum price paid the Design Professional shall include compensation for all work and
deliverables, including travel and equipment described in Exhibit"B," Scope of Services of
the original contract agreement. No additional compensation shall be paid to the Design
Professional, unless there is a change in the scope of the work or the scope of the project.
In the instance of a change in the scope of work or scope of the project, adjustment to the
total lump sum compensation will be negotiated between the Design Professional and the
City. Adjustment in the total lump sum compensation will not be effective until authorized
by contract amendment and approved by the City.
B. Progress payments may be made monthly in arrears based on the percentage of work
completed by the Design Professional. If Design Professional fails to submit the required
deliverable items according to the schedule set forth in the Scope of Services, the City
shall have the right to delay payment and/or terminate this Agreement in accordance with
the provisions of Agreement Paragraph 27, "Termination."
C. The Design Professional shall not commence performance of work or services until this
contract has been approved by the City and notification to proceed has been issued by the
City's Contract Manager. No payment will be made prior to approval of any work, or for any
work performed prior to approval of this contract.
D. The Design Professional will be reimbursed, as promptly as fiscal procedures will permit,
upon receipt by the City's Contract Manager of itemized invoices in triplicate. Invoices shall
be submitted no later than Forty Five (45) calendar days after the performance of work for
which the Design Professional is billing. Invoices shall detail the work performed on each
milestone, on each project as applicable. Invoices shall follow the format stipulated for the
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Cost Proposal and shall reference this contract number and project title. Final invoice shall
contain the final cost and all credits due the City that include any equipment purchased
under the provisions of Paragraph 40, "Equipment Purchase" of this contract. The final
invoice shall be submitted within Sixty (60) calendar days after completion of the Design
Professional's work. Invoices shall be mailed to the City's Contract Manager at the
following address:
City of Cathedral City
Contract Manager/ City Engineer: John A. Corella, P.E.
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
E. The total amount payable by the City shall not exceed $139,081.00.
F. All subcontracts in excess of$25,000 shall contain the above provisions.
37. Cost Principles.
A. The Design Professional agrees that the Contract Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be
used to determine the allowability of cost individual items.
B. The Design Professional also agrees to comply with federal procedures in accordance
with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
C. Any costs for which payment has been made to Design Professional that are
determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Design
Professional to the City.
38. Retention of Records/Audit. For the purpose of determining compliance with
Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter
21, Section 2500 et seq., when applicable and other matters connected with the
performance of the contract pursuant to Government Code 8546.7; the Design
Professional, subcontractors, and the City shall maintain all books, documents, papers,
accounting records, and other evidence pertaining to the performance of the contract,
including but not limited to, the costs of administering the contract. All parties shall make
such materials available at their respective offices at all reasonable times during the
contract period and for three years from the date of final payment under the contract. The
State, the State Auditor, City, FHWA, or any duly authorized representative of the federal
government shall have access to any books, records, and documents of the Design
Professional that are pertinent to the contract for audit, examinations, excerpts, and
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transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of
$25,000 shall contain this provision.
39. Subcontracting.
A. The Design Professional shall perform the work contemplated with resources available
within its own organization; and no portion of the work pertinent to this contract shall be
subcontracted without written authorization by the City's Contract Manager, except that,
which is expressly identified in the approved Cost Proposal.
B. Any subcontract in excess of $25,000 entered into as a result of this contract, shall
contain all the provisions stipulated in this contract to be applicable to subcontractors.
C. Any substitution of subconcontractors shall be approved in writing by the City's Contract
Manager.
40. Equipment Purchase.
A. Prior authorization in writing, by the City's Contract Manager shall be required before the
Design Professional enters into any unbudgeted purchase order, or subcontract exceeding
$5,000 for supplies, equipment, or Design Professional services. The Design Professional
shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in the Design
Professional's Cost Proposal and exceeding $5,000 prior authorization by the City's
Contract Manager; based on three competitive quotations shall be submitted with the
request, or in the absence of bidding must be adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following: "The
Design Professional shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an
acquisition cost of$5,000 or more. If the purchased equipment needs replacement and is
sold or traded in, the City shall receive a proper refund or credit at the conclusion of the
contract, or if the contract is terminated, the Design Professional may either keep the
equipment and credit the City in an amount equal to its fair market value, or sell such
equipment at the best price obtainable at a public or private sale, in accordance with
established City procedures; and credit the City in an amount equal to the sales price. If
the Design Professional elects to keep the equipment, fair market value shall be
determined at the Design Professional's expense, on the basis of a competent
independent appraisal of such equipment. Appraisals shall be obtained from an appraiser
mutually agreeable to the City and the Design Professional. If it is determined to sell the
equipment, the terms and conditions of such sale must be approved in advance by the
City."
D. All subcontracts in excess $25,000 shall contain the above provisions.
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41. Confidentiality of Data.
A. All financial, statistical, personal, technical, or other data and information relative to the
City's operations, which are designated confidential by the City and made available to the
Design Professional in order to carry out this contract, shall be protected by the Design
Professional from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by the City
relating to the contract, shall not authorize the Design Professional to further disclose such
information, or disseminate the same on any other occasion.
C. The Design Professional shall not comment publicly to the press or any other media
regarding the contract or the City's actions on the same, except to the City's staff, Design
Professional's own personnel involved in the performance of this contract, at public
hearings or in response to questions from a Legislative committee.
D. The Design Professional shall not issue any news release or public relations item of any
nature, whatsoever, regarding work performed or to be performed under this contract
without prior review of the contents thereof by the City, and receipt of the City's written
permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions
of this Article.
F. All information related to the construction estimate is confidential, and shall not be
disclosed by the Design Professional to any entity other than the City.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Design Professional Services Agreement
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
CITY OF CATHEDRAL CITY CONSULTANT
-dt,t1400,/ita4=-,OL--. "---67174 41/1/14.-
Charles P. McClendon, City Manager AL41-41i6 LoZanof (Hce esidek4
ATTES—:
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Gary F, Howell, City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:atz ,,,,,
Jo r orella, P. , City Engineer Charles R. Green, City Attorney
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Design Professional Services Agreement
Exhibit A
Introduction and Understanding
This scope of work has been prepared at the request of Cathedral City to provide design services for the Cathedral City
Whitewater Bike Path.The subject segment is located along the west bank of the Whitewater River between Ramon
Road on the south and Vista Chino on the north.The project is approximately 2.3 miles in length and project
improvements are planned primarily within the right-of-way of the Whitewater River under the jurisdiction of the
Riverside County Flood Control and Water Conservation District(RCFCWCD).
The 30%engineering will be performed to support a CEQA Initial Study/Mitigated Negative Declaration that will assess
potential impacts from the proposed construction and operation of the segment.The Lead Agency for this CEQA
action shall be CVAG,with RCFCWCD and the cities of Cathedral City and Palm Springs acting as Responsible Agencies.
For background context,the existing construction cost estimate has been provided in Exhibit B Fee,and is for the
segment between Vista Chino and Ramon including one roadway connection on the north side of Ramon Road.
The section type is assumed to be a 19 to 20-foot-wide path separated by user types,with pedestrians on a soft
surface shoulder.The additional cost of providing dual paths is also shown in the referenced table.
Based upon the above,Alta offers the following scope of work.
Scope of Work
Task 1. Project Administration
The Alta project manager will maintain the project schedule,provide monthly progress reports,organize and lead
project meetings as well as provide meeting minutes.
Task 2.60%Design Plans
The Alta team will complete 60%design plans and provide them to the City and Riverside County Flood Control and
Water District(RCFCWD). These plans will include horizontal and vertical alignment of the pathway and cross sections
designed to meet CVLink standards.Outline specifications and a cost estimate will be provided at the 60%stage.Alta
will provide five hardcopies of the 11x17 drawing sets for review as well as an electronic copy in PDF format.The City
will provide a single consolidated set of non-conflicting notes to Alta for incorporation into the 90%set within the two
weeks of receiving the set for review.
Task 3.90%Design Plans
The Alta team will complete 90%design plans and provide them to the City and RCFCWD. These plans will include
horizontal and vertical alignment of the pathway and cross sections designed to meet CVLink standards.CVLink access
points will be shown for context.Complete technical specifications and a cost estimate will be provided at the 90%
stage.Alta will provide five hardcopies of the 11x17 drawing sets and the technical specifications for review as well as
electronic copies in PDF format.The City will provide a single consolidated set of non-conflicting notes to Alta for
incorporation into the 100%set within the two weeks of receiving the set for review.
Task 4. 100%Design Plans
The Alta team will complete 100%design plans suitable for bid.These plans will include horizontal and vertical
alignment of the pathway and cross sections designed to meet CVLink standards.Complete technical specifications,a
cost estimate and bid tabs will be provided.Alta will provide five hardcopies of the 11x17 drawing sets to the City as
well as electronic copies in PDF format.Technical specifications will be provided to the City in an electronic format for
assembly into a specification book.The City will be responsible for bid advertising.Alta will assist in responding to
questions from bidders during the bidding period and attend a pre-bid meeting.Client project manager will
consolidate review comments and deliver in written form to Alta within 14 days.
Exclusions:Construction Administration
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Design Professional Services Agreement
Exhibit B
Estimated Schedule
Consultant shall commence performance of Services and proceed toward completion of deliverables upon notice
to proceed. Assuming notice to proceed is received by October 14:
30%Design Plans October 2015
Agency Review October 2015
60%Design Plans November to December 2016
Agency Review January 2016
90%Design Plans January to February 2016
ROW and Permitting March 2016
100%Construction Documents April 2016
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Design Professional Services Agreement
Exhibit C
Schedule of Fees and Charges
Item Fee
Cathedral City Whitewater Bike Path New Fee
....... ........ ...... ........ .... .. .... .... .... .. ..
Task 1. Project Administration $7,600
Task 2.60%Drawings $48,000
Task 3.90%Drawings $48,000
Task 4. 100%Bid Set $32,000
Reimbursable Expenses—Reprographics, Plats $3,481
Fee Total $139,081
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Design Professional Services Agreement