HomeMy WebLinkAboutContract 1732 C - M2
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
HEPTAGON SEVEN
This Agreement for Design Professional Services ("Agreement") is entered into
as of December 13, 2017 ("Effective Date") by and between the City of Cathedral City, a
municipal corporation ("City") and Heptagon Seven, a California Corporation ("Design
Professional"). City and Design Professional are sometimes hereinafter individually
referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. City has sought, by a request for proposals, the performance of the
engineering services defined and described particularly in Section 2 of this Agreement.
B. Design Professional, following submission of a proposal for the
performance of the services defined and described particularly in Section 2 of this
Agreement, was selected by the City to perform those services.
C. Design Professional was selected by the City on the basis of Design
Professional's demonstrated competence and the professional qualifications necessary
for the satisfactory performance of the services required.
D. Pursuant to the City of Cathedral City's Municipal Code, City has authority
to enter into this Design Professional Services Agreement and the City Manager has
authority to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional for
performance of those services defined and described particularly in Section 2 of this
Agreement and desire that the terms of that performance be as particularly defined and
described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants
made by the Parties and contained here and other consideration, the value and
adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this
Agreement, the Term of this Agreement is for one year commencing on the Effective
Date.
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SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Design Professional agrees to perform the services
set forth in Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part
of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to
the schedule specified in Exhibit "A." Should the Services not be completed pursuant to
that schedule, the Design Professional shall be deemed to be in Default of this
Agreement. The City, in its sole discretion, may choose not to enforce the Default
provisions of this Agreement and may instead allow Design Professional to continue
performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional shall not be compensated for any work rendered in
connection with its performance of this Agreement that are in addition to or outside of
the Services unless such additional services are authorized in advance and in writing in
accordance with Section 25 "Administration and Implementation" or Section 27
"Amendment" of this Agreement. If and when such additional work is authorized, such
additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Design Professional the amounts specified in Exhibit "B" "Compensation" and made a
part of this Agreement by this reference. The total compensation, including
reimbursement for actual expenses, shall not exceed Fifty-Nine Thousand and Fifty
Dollars ($59,050), unless additional compensation is approved in writing in accordance
with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this
Agreement.
(b) Each month Design Professional shall furnish to City an original invoice for
all work performed and expenses incurred during the preceding month. The invoice
shall detail charges by the following categories: labor (by sub-category), travel,
materials, equipment, supplies, and sub-Design Professional contracts. Sub-Design
Professional charges shall be detailed by the following categories: labor, travel,
materials, equipment and supplies. If the compensation set forth in subsection (a) and
Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and
materials being paid as a lump sum), the labor category in each invoice shall include
detailed descriptions of task performed and the amount of time incurred for or allocated
to that task. City shall independently review each invoice submitted by the Design
Professional to determine whether the work performed and expenses incurred are in
compliance with the provisions of this Agreement. In the event that no charges or
expenses are disputed, the invoice shall be approved and paid according to the terms
set forth in subsection (c). In the event any charges or expenses are disputed by City,
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the original invoice shall be returned by City to Design Professional for correction and
resubmission.
(c) Except as to any charges for work performed or expenses incurred by
Design Professional which are disputed by City, City will use its best efforts to cause
Design Professional to be paid within forty-five (45) days of receipt of Design
Professional's correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this
Agreement shall not be deemed to waive any defects in work performed by Design
Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional's work under
this Agreement, either during performance or when completed. City shall reject or
finally accept Design Professional's work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise Design Professional's
work shall be deemed to have been accepted. City's acceptance shall be conclusive as
to such work except with respect to latent defects, fraud and such gross mistakes as
amount to fraud. Acceptance of any of Design Professional's work by City shall not
constitute a waiver of any of the provisions of this Agreement including, but not limited
to, Section 15 "Indemnification" and Section 16 "Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or
discovered by Design Professional in the course of providing the Services pursuant to
this Agreement shall become the sole property of City and may be used, reused or
otherwise disposed of by City without the permission of the Design Professional. Upon
completion, expiration or termination of this Agreement, Design Professional shall turn
over to City all such original maps, models, designs, drawings, photographs, studies,
surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement
any maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files or other documents prepared, developed or discovered by
Design Professional in the course of providing the Services pursuant to this Agreement,
Design Professional's guarantees and warranties in Section 9 "Standard of
Performance; Familiarity With Work" of this Agreement shall not extend to such use of
the maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files or other documents.
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SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records
demonstrating or relating to Design Professional's performance of the Services.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, or other documents or records evidencing or relating to work,
services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such documents or records shall be maintained in accordance with
generally accepted accounting principles and shall be sufficiently complete and detailed
so as to permit an accurate evaluation of the services provided by Design Professional
pursuant to this Agreement. Any and all such documents or records shall be
maintained for three (3) years from the date of execution of this Agreement and to the
extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to
this section shall be made available for inspection, audit and copying, at any time during
regular business hours, upon request by City or its designated representative. Copies
of such documents or records shall be provided directly to the City for inspection, audit
and copying when it is practical to do so; otherwise, unless an alternative is mutually
agreed upon, such documents and records shall be made available at Design
Professional's address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records
required to be maintained pursuant to this section may be lost or discarded due to
dissolution or termination of Design Professional's business, City may, by written
request, require that custody of such documents or records be given to the City.
Access to such documents and records shall be granted to City, as well as to its
successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a wholly independent
contractor and not an officer, employee or agent of City. Design Professional shall have
no authority to bind City in any manner, nor to incur any obligation, debt or liability of
any kind on behalf of or against City, whether by contract or otherwise, unless such
authority is expressly conferred under this Agreement or is otherwise expressly
conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of
Design Professional shall at all times be under Design Professional's exclusive direction
and control. Neither City, nor any elected or appointed boards, officers, officials,
employees or agents of City, shall have control over the conduct of Design Professional
or any of Design Professional's officers, employees, or agents except as set forth in this
Agreement. Design Professional shall not at any time or in any manner represent that
Design Professional or any of Design Professional's officers, employees, or agents are
in any manner officials, officers, employees or agents of City.
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(c) Neither Design Professional, nor any of Design Professional's officers,
employees or agents, shall obtain any rights to retirement, health care or any other
benefits which may otherwise accrue to City's employees. Design Professional
expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK.
(a) Design Professional represents and warrants that it has the qualifications,
experience and facilities necessary to properly perform the Services required under this
Agreement in a thorough, competent and professional manner. Design Professional
shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all Services. In meeting its obligations under this Agreement, Design
Professional shall employ, at a minimum, generally accepted standards and practices
utilized by persons engaged in providing services similar to the Services required of
Design Professional under this Agreement, and shall use such skill, prudence, and
diligence as other members of Design Professional's profession commonly possess and
exercise. In addition to the general standards of performance set forth this section,
additional specific standards of performance and performance criteria may be set forth
in Exhibit "A" "Scope of Work" that shall also be applicable to Design Professionals work
under this Agreement. Where there is a conflict between a general and a specific
standard of performance or performance criteria, the specific standard or criteria shall
prevail over the general.
(b) Design Professional warrants that (1) it has thoroughly investigated and
considered the work to be performed, (2) it has investigated the issues, regarding the
scope of services to be provided, (3) it has carefully considered how the work should be
performed, and (4) it fully understands the facilities, difficulties and restrictions attending
performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Design Professional shall keep itself informed of and comply with all applicable
federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect
during the term of this Agreement. Design Professional shall obtain any and all
licenses, permits and authorizations necessary to perform the Services set forth in this
Agreement. Neither City, nor any elected or appointed boards, officers, officials,
employees or agents of City, shall be liable, at law or in equity, as a result of any failure
of Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California prevailing
wage laws apply to this Agreement because the Agreement includes the following
services subject to prevailing wage rates pursuant to the California Labor Code: Work
performed during the design and preconstruction phases of construction including, but
not limited to land surveying work.
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SECTION 12. NONDISCRIMINATION.
Design Professional shall not discriminate, in any way, against any person on the
basis of race, color, religious creed, national origin, ancestry, sex, age, physical
handicap, medical condition or marital status in connection with or related to the
performance of this Agreement.
SECTION 13. CONFLICTS OF INTEREST.
(a) Design Professional covenants that neither it, nor any officer or principal of
its firm, has or shall acquire any interest, directly or indirectly, which would conflict in
any manner with the interests of City or which would in any way hinder Design
Professional's performance of the Services. Design Professional further covenants that
in the performance of this Agreement, no person having any such interest shall be
employed by it as an officer, employee, agent or subcontractor without the express
written consent of the City Manager. Design Professional agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of
City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose its financial
interests by completing and filing a Fair Political Practices Commission Form 700,
Statement of Economic Interests. If such a determination is made, Design Professional
shall file the subject Form 700 with the City Clerk's Office pursuant to the written
instructions provided by the Office of the City Clerk within ten (10) days of the request.
(c) City understands and acknowledges that Design Professional is, as of the
date of execution of this Agreement, independently involved in the performance of non-
related services for other governmental agencies and private parties. Design
Professional is unaware of any stated position of City relative to such projects. Any
future position of City on such projects shall not be considered a conflict of interest for
purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform
non-related services for other governmental agencies and private parties following the
completion of the Services under this Agreement. Any such future service shall not be
considered a conflict of interest for purposes of this section.
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Design Professional in
performance of this Agreement shall be considered confidential, unless such
information is in the public domain or already known to Design Professional. Design
Professional shall not release or disclose any such information or work product to
persons or entities other than City without prior written authorization from the City
Manager, except as may be required by law.
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(b) Design Professional, its officers, employees, agents or subcontractors,
shall not, without prior written authorization from the City Manager or unless requested
by the City Attorney of City, voluntarily provide declarations, letters of support, testimony
at depositions, response to interrogatories or other information concerning the work
performed under this Agreement. Response to a subpoena or court order shall not be
considered "voluntary" provided Design Professional gives City notice of such court
order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of
Design Professional, provides any information or work product in violation of this
Agreement, then City shall have the right to reimbursement and indemnity from Design
Professional for any damages, costs and fees, including attorney's fees, caused by or
incurred as a result of Design Professional's conduct.
(d) Design Professional shall promptly notify City should Design Professional,
its officers, employees, agents or subcontractors be served with any summons,
complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any
party regarding this Agreement and the work performed thereunder. City retains the
right, but has no obligation, to represent Design Professional or be present at any
deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery
requests provided by Design Professional. However, this right to review any such
response does not imply or mean the right by City to control, direct, or rewrite said
response.
SECTION 15. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code
Section 2782.8, Design Professional shall indemnify, protect, defend and hold harmless
City and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all claims. actions and proceedings (whether at law or equity,
administrative or judicial), demands, orders, judgments, losses, liabilities, damages,
costs and expenses, including attorney's fees and costs, (collectively "Claims") to the
extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Design Professional, its officers, agents, employees or sub-
consultants (or any entity or individual that Design Professional shall bear the legal
liability thereof) in the performance of professional services under this Agreement, with
the understanding that in the event Claims are found by the trier of fact to have been
caused by the joint or concurrent negligence of the City and its contractors and Design
Professionals, and Design Professional, damages and expenses from both indemnity
and duty to defend obligations shall be borne by each party in proportion to its
negligence.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this
section from each and every sub-consultant, subcontractor or any other person or entity
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involved by, for, with or on behalf of Design Professional in the performance of this
Agreement naming the Indemnified Parties as additional indemnitees. In the event
Design Professional fails to obtain such indemnity obligations from others as required
here, Design Professional agrees to be fully responsible according to the terms of this
section. Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth herein is binding on the
successors, assigns or heirs of Design Professional and shall survive the termination of
this Agreement or this section.
(c) City's Negligence. The provisions of this section do not apply to Claims
occurring as a result of City's sole negligence. The provisions of this section shall not
release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officials, employees and agents.
SECTION 16. INSURANCE.
Design Professional agrees to obtain and maintain in full force and effect during
the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and
made a part of this Agreement. All insurance policies shall be subject to approval by
City as to form and content. These requirements are subject to amendment or waiver if
so approved in writing by the City Manager. Design Professional agrees to provide City
with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
The expertise and experience of Design Professional are material considerations
for this Agreement. City has an interest in the qualifications and capability of the
persons and entities who will fulfill the duties and obligations imposed upon Design
Professional under this Agreement. In recognition of that interest, Design Professional
shall not assign or transfer this Agreement or any portion of this Agreement or the
performance of any of Design Professional's duties or obligations under this Agreement
without the prior written consent of the City. Any attempted assignment shall be
ineffective, null and void, and shall constitute a material breach of this Agreement
entitling City to any and all remedies at law or in equity, including termination of this
Agreement pursuant to Section 19 "Termination of Agreement." City acknowledges,
however, that Design Professional, in the performance of its duties pursuant to this
Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability
and continuity of Design Professional's staff and subcontractors, if any, assigned to
perform the Services. Design Professional shall notify City of any changes in Design
Professional's staff and subcontractors, if any, assigned to perform the Services prior to
and during any such performance.
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SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by
giving thirty (30) days written notice of termination to Design Professional. In the event
such notice is given, Design Professional shall cease immediately all work in progress.
(b) Design Professional may terminate/this Agreement for cause at any time
upon thirty (30) days written notice of termination to City.
(c) If either Design Professional or ity fail to perform any material obligation
under this Agreement, then, in addition t any other remedies, either Design
Professional, or City may terminate this Agree ent immediately upon written notice.
(d) Upon termination of this Agreem nt by either Design Professional or City,
all property belonging exclusively to City whic is in Design Professional's possession
shall be returned to City. Design Profession I shall furnish to City a final invoice for
work performed and expenses incurred by De ign Professional, prepared as set forth in
Section 4 "Compensation and Method of Pay ent" of this Agreement. This final invoice
shall be reviewed and paid in the same mann r as set forth in Section 4 "Compensation
and Method of Payment" of this Agreement.
SECTION 20. DEFAULT.
In the event that Design Profession I is in default under the terms of this
Agreement, the City shall not have any obli ation or duty to continue compensating
Design Professional for any work performed fter the date of default. Instead, the City
may give notice to Design Professional of th default and the reasons for the default.
The notice shall include the timeframe in hich Design Professional may cure the
default. This timeframe is presumptively thi (30) days, but may be extended, though
not reduced, if circumstances warrant. uring the period of time that Design
Professional is in default, the City shall hold II invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, the City may, in its sole
discretion, elect to pay some or all of the utstanding invoices during the period of
default. If Design Professional does not cur the default, the City may take necessary
steps to terminate this Agreement under Se ion 19 "Termination of Agreement." Any
failure on the part of the City to give notice of the Design Professional's default shall not
be deemed to result in a waiver of the City's egal rights or any rights arising out of any
provision of this Agreement.
SECTION 21. EXCUSABLE DELAYS.
Design Professional shall not be I able for damages, including liquidated
damages, if any, caused by delay in perfor ance or failure to perform due to causes
beyond the control of Design Professional. uch causes include, but are not limited to,
acts of God, acts of the public enemy, acts o federal, state or local governments, acts
of City, court orders, fires, floods, epidemics, Strikes, embargoes, and unusually severe
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weather. The term and price of this Agreement shall be equitably adjusted for any
delays due to such causes.
SECTION 22. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and
available to City as public records, and which are necessary for carrying out the
Services shall be furnished to Design Professional in every reasonable way to facilitate,
without undue delay, the Services to be performed under this Agreement.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage
prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: Brad Donais, P.E., Principal
Heptagon Seven
PO Box 7015
La Quinta, CA 92248
Notice shall be deemed effective on the date personally delivered or transmitted
by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the
United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design
Professional represents and warrants that he/she/they has/have the authority to so
execute this Agreement and to bind Design Professional to the performance of its
obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his
or her designated representative. The City Manager shall have the authority to issue
interpretations and to make amendments to this Agreement, including amendments that
commit additional funds, consistent with Section 27 "Amendment" and the City
Manager's contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
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This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in
writing and approved by the Design Professional and by the City. The City Manager
shall have the authority to approve any amendment to this Agreement if the total
compensation under this Agreement, as amended, would not exceed the City
Manager's contracting authority under the Cathedral City Municipal Code. All other
amendments shall be approved by the City Council. The Parties agree that the
requirement for written modifications cannot be waived and that any attempted waiver
shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not
constitute a waiver of any other provision nor a waiver of any subsequent breach or
violation of any provision of this Agreement. Acceptance by City of any work or services
by Design Professional shall not constitute a waiver of any of the provisions of this
Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the
laws of the State of California. In the event of litigation between the Parties, venue in
state trial courts shall lie exclusively in the County of Riverside, California. In the event
of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of
California, in Riverside.
SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any
provision of this Agreement, the prevailing Party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in
addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire,
complete, final and exclusive expression of the Parties with respect to the matters
addressed therein and supersedes all other agreements or understandings, whether
oral or written, or entered into between Design Professional and City prior to the
execution of this Agreement. No statements, representations or other agreements,
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whether oral or written, made by any Party which are not embodied herein shall be valid
and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by
any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the
terms of any Exhibit hereto, or with the terms of any document incorporated by
reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date and year first-above written.
CITY OF CATHEDRAL CITY HEPTAGON SEVEN
`- ‘16,,,f 01.L(2Aaj,..
Charles P. McClendon By: Brad Donais, P.E.
City Manager Its Principal
ATTEST:
By:
—/� � Its:
Gary F. Howell
City Clerk
APPROVED AS TO FORM
Eric S. Vail
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EXHIBIT "A"
SCOPE OF SERVICES
A-1
Ce-,4 wet 61-1,'
The City of Cathedral City desires to construct a second eastbound truck climbing lane for vehicles traveling to the
Edom Hill Transfer Station and Compost Facility. The truck lane will start at or near the intersection of Edom Hill
Road and Varner Road and should end beyond the initial crest point,to provide a sufficient transition for the lane
drop. The widening is anticipated to be approximately 4,700 feet from the Varner Road intersection. In addition
to the truck climbing lane, the City desires to repair a severely scour area from a recent major storm event
immediately adjacent to and along the east side of Edom Hill Road. It is the intent of the project to contain all
required road and drainage improvements within the existing 88-foot street right of way. It has been noted through
research,the southern portion of Edom Hill Road bisects a portion of the local MSHCP area. Based on oversight
of the landfill and composting site by Riverside County Department of Waste Resources,we understand the project
will also require review and possible coordination with the County.
The City intends on funding the project through the fees collected for every ton of waste material off-loaded at the
transfer station and compost facility. Through discussions with City staff during the preparation of our proposal,
we understand that staff believe the Edom Hill Road fund has enough funds available for the design and construction
of the requested improvements. As noted in the RFP,an evaluation of the traffic volumes and vehicle types traveling
along Edom Hill Road will be completed to confirm or provide an alternative recommendation on the proposed
widening pavement section. Nonetheless,noting this may be the only funding source available for this project, it
will be critical for the project's design to provide an economical construction solution to both the requested
widening and drainage issue corrections.
Following the development of the regional hydrology analysis and development of the drainage sub-areas,we will
develop a couple of alternatives to address conveyance of the stormwater runoff intersected by the road. It is
anticipated that this conveyance will serve two purposes; 1) intercept off-site stormwater runoff and route it back
to the historical flow path and 2)provide protection from scour and damage to the road section. The major scour
damage is along the eastbound lane,however there are some minor scour issues in isolated locations along the west
side of Edom Hill Road as well. In addition, from our initial field review there is some evidence of stormwater
crossing Edom Hill Road at the gravel access to the wind generation site at about the midpoint of the project. Our
hydrology analysis will address all stormwater flows intercepted by Edom Hill Road as well as those volumes
generated by the impervious area of the road itself. Additionally, the drainage analysis will provide options for
conveying the stormwater from the north side of Varner Road into Long Canyon/Willow Hill Wash on the south
side of Varner Road.
TASK I PROJECT MANAGEMENT, COORDINATION AND QUALITY CONTROL. This task
includes overall project management, agency coordination, meeting leadership, progress monitoring and
maintenance of project files. Consultant will perform project administration,coordination,and management for all
phases of the proposed improvement project. Consultant will supervise,coordinate,monitor and review design for
conformance with City standards,policies and procedures. Regular project status meetings will be held monthly or
as requested by the City.
HEPTAGON
SEVEN
TASK 2 RESEARCH/DATA COLLECTION. The City will provide existing reports,studies,proposed
and as-built plans, mapping, and all relevant and available information to Consultant. Following a review of the
existing plans and reports,Consultant will also conduct a field review to perform a reconnaissance of the existing
conditions as they relate to the information obtained from the City. Discrepancies will be noted and where possible,
corrected on the base drawings. Photographs from the field reconnaissance will be assembled and provided to the
City. For the analysis of the traffic volumes and vehicle types,it is anticipated that the City will provide Consultant
with initial information. If additional traffic data is required for the pavement section analysis, Consultant will
negotiate a separate scope and fee for the additional work. Additionally, as noted in the RFP, if additional
topographic information is required for the overall project improvements,Consultant will negotiate a separate scope
and fee for said services.
TASK 3 DRAINAGE ISSUES. Based on the RFP, Consultant will review the Drainage Issues that
developed during and following the September 2014, 700-year storm event that hit the general project area. The
following tasks are associated with the analysis and development of a drainage conveyance alternative, which,
following approval of said alternate,will be incorporated into the fmal improvement plans.
Data Collection
Consultant will review the previously prepared drainage analysis' from the general project area and archived files
for the watershed areas that were identified to be tributary to the project site,as applicable. Additionally,Consultant
will perform a field reconnaissance of the watershed area tributary to the project. The purpose of the watershed
assessment is to identify the current drainage patterns.
Drainage Area and Sub Area Analysis.Assessment&Calculations
Utilizing USGS Quad maps and other available mapping resources,Consultant will prepare a hydrology analysis
for the watershed area that is tributary to the full length of the project corridor,north of Varner Road. The
watershed area identification will also include existing and proposed street section of Edom Hill Road. The
analysis will be prepared in conformance with the Riverside County Flood Control and Water Conversation
District Hydrology Manual. Due to the anticipated drainage area size of the project's watershed,Consultant
anticipates the use of the Synthetic Unit Hydrograph Method,noted in the Hydrology Manual.
Stormwater Conveyance Options
Following the development of the anticipated stormwater flows,for the 100-year rainfall event,Consultant will
prepare up to three options to convey said flows within the existing street right of way section to a point south and
west of Varner Road,into the Long Canyon/Willow Hill Wash. Consultant will prepare an exhibit depicting the
locations of conveyance elements along with any necessary details to adequately depict the proposed system. The
Exhibit will depict all recommended improvements for each side of Edom Hill Road.
Hydrology Report
Based on the results of the watershed calculations and conveyance options,Consultant will prepare a drainage
report that includes the hydrology and hydraulic calculations in support of the drainage facilities and the proposed
project layout. The report will include calculations utilizing the synthetic unit hydrograph method,hydrology
maps,at an appropriate scale,depicting the off-site and on-site delineated watershed boundaries,nodal points and
flow lines,conveyance options and hydraulic analysis of each option,and required backup information in
conformance with the Hydrology Manual.
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TASK 4 ROADWAY IMPROVEMENT PLANS. Utilizing the City provided CAD topographic and
other base files,Consultant will prepare the necessary roadway widening improvement plans including a project
title sheet,typical cross sections,construction details,horizontal alignment layout plans,vertical profile,grading,
drainage,signing,striping and cross sections and submit to the City for review and comment. For this project,the
Final Plans will include information for the widening of the road for a 12 foot wide northbound truck climbing
lane for an anticipated project length of approximately 4,700 lineal feet. It is anticipated that the project will most
likely include the development of a ditch section adjacent to the existing road section to address stormwater
conveyance. Additionally,depending on the approved alternative for the crossing of Varner Road and
conveyance of stormwater into Long Canyon/Willow Hill Wash,additional improvements may be required
along Varner Road to accommodate the stormwater conveyance structure. Consultant reserves the right to
negotiate a separate scope and fee for improvements to or under Varner Road.
Consultant will prepare the Preliminary Design Plans(65%Plans)depicting the geometry of the proposed
roadway corridor including an anticipated ditch section. Based on the comments received from the City,the 65%
Plans will be revised to address the plan check comments and prepare the final roadway plans submitted at a 95%,
100%and Mylar screen check stages.
Included with the plan set,Consultant will prepare roadway cross sections identifying existing and proposed
ground at 50 foot intervals over the length of the proposed widening for earthwork calculations.
Consultant will prepare final roadway plans at a scale of 1"=40',in conformance with the approved concept
plans and the City Standards. Consultant will submit the improvement plans to the City for review at 95%and
100%completion and Mylar screen check. Mylar plan sheets will be submitted upon request of the City
following review of the Mylar screen check. CAD files of the final approved plans will be provided to the City.
As previously noted,the plans will also require coordination and possible review by Riverside County.
Consultant will work with the City on this review and coordination effort.
TASK 5 SPECIFICATION AND BID DOCUMENT. Consultant shall prepare construction
specifications, using the City provided"boilerplate" for the contract documents and general provisions. Technical
specifications shall be prepared for construction of each item of work in the Project. In addition, Consultant will
complete the bid schedule,matching the item number with their corresponding specification and line item in the
Engineers Estimate. Prior to the publication of the final package, Consultant will review the full document.
Specifications will be provided starting with the 95%plan submittal.
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TASK 6 OPINION OF PROBABLE CONSTRUCTION COSTS. Based on the current design plans,
Consultant will prepare an opinion of probable construction costs estimate,with each bid item entry matching the
corresponding Bid Schedule entry and Specification. The probable construction cost estimate will be submitted to
the City at Plan Submittal Stages 65%,95%, 100%,Preliminary Final and Mylar.
TASK 7 ASSISTANCE DURING BIDDING PROCESS. The City will complete the bid documents,
advertise the project for bidding, distribute the plans to prospective bidders and receive contractor inquiries.
Consultant will assist the City as requested during the bidding and which may include answering questions,
providing consultation and interpretation of the construction documents, and assisting the City in preparation of
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addenda during the advertisement period. Consultant will attend the pre-bid, bid opening and/or pre-construction
meetings at the request of the City. For this task, the Consultant assumes 10 total hours, to be billed Time and
Materials on a percentage complete basis.
OPTIONAL TASK
TASK 8 POST DESIGN SERVICES. Consultant staff will be available to assist the City during the
construction process. A budget amount has been prepared to provide a minimal amount of post design services.
This budget may require adjustment depending on the level of Consultant involvement required during construction.
Upon written request by the City,the Consultant shall provide the following construction support services:
• Assist the City during construction by responding to Request for Information(RFI), clarifying drawings,and
generally assisting the City to ensure that the project is constructed in accordance with the plans and
specifications.
• Provide advice and technical support for construction change orders.
For this task,Consultant assumes 16 total hours,to be billed Time and Materials on a percentage complete basis.
Based on our understanding of the project,the following are items that do not need to be included at this time.
• Topographic Data Collection;
r• SWPPP(Specifications will note for the require Contractor to prepare SWPPP for construction);
•� PM-10 Plan;
ti• Construction Staging Plans(Specifications will note general conditions for construction);
❖ Landscaping Plans;
m Utility Relocation Plans;
+ Storm Drainage Plans;
•S CEQA/NEPA Environmental Clearance.
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Heptagon Seven has brought together a team of select individuals chosen for their success in meeting the needs of
the client on projects like the Edom Hill Road Improvements. Leadership is extremely important to the successful
management and delivery of any project and as such Brad Donais,PE,a local expert within the Coachella Valley
on the delivery of public works projects,will serve as Project Manager and Lead Design Engineer for this project.
Brad will be the point person for the duration of this project, responsible for the day-to-day management and
oversight. Having completed numerous widening project throughout the Coachella Valley directly for municipal
agencies over the last thirteen plus years, Brad is uniquely qualified to handle both the design and project
management activities associated with this project. Supporting Brad with the regional hydrology and engineering
design activities will be Ben Egan,PE,PLS. In addition,as noted in the RFP,as requested by the City,Ben and
his team will be able to provide all surveying and mapping functions that may be necessary to augment the City
provided base files. The final critical element of any design project is the Quality Control/Quality
Assurance/Constructability Review. Lloyd Beaman, an experienced construction manager, will oversee the
QA/QC process as well as provide a Constructability Review of both the improvement plans. The following is a
summary of team members qualifications, licenses and project experience.
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Assuming an Authorization to Proceed date of November 9, 2017, we anticipate the following major milestone
dates. The overall schedule may be extended due to additional time required for the County reviews.
EDOM HILL ROAD HEPTAGON
TRUCK CUMBING LANE SEVEN
City Project#: 1016
ID Task Name Duration Sled Finish 2018
' Nov
1 Authorization to Proceed 1 day Thu 1119117 Thu 1119/17 !_ Dec : Jan Feb Mar Apr_ May Jun
i •Authorization to Proceed
2 Kick-Oft Meeting 1 day Fri 11110117 Fd 11/10117
Kick-OR Meeting
3 Protect Management and Meetings 100 days Fri 11110117 Thu 3/291181 Project Management and Meetings
4 Data Collection 5 days Mon 11113117 Fri 11117117] Oat.CeIMelion
5 Drainage Issues 23 days Mon 11113/17 Wed 12/13/171
I1111111.1
12 Roadway Improvement Plans 102 days Mon 11/20/17 Tue 4110/10; Roadway improvement Plans
_ ♦
13 Prepare 65%Plans 30 days Mon 11120/17 Fri 12?29.'171
Prepare 65%Pians
74 City/County Review 65% 10 days Mon 111/18 Fri 1/12/18
Imag City/County Review 85%
15 Prepare 95%Package 35 days Man 1115/18 Fri 3/2118
ImmEgiminiPnipere 95%Package
16 Cily,Caunty Review 95% 10 days Mon 315/18 Fri 3/16/181
in.City/County Review 08%
17 Prepare 100%Package 7 days Mon 3119/18 Tue 3127/181
1.97Prepare 100%Package
is City/County Review 100%Package 5 days Wed 328118 Tue 4/3/18'
CityrCoumy Review 100%Package
19 Prepare Mylar Set 2 days Wed 4/4/18 Thu 415/18 I
Prepare Mylar Bet
20 Approved Final Package 3 days Fri 416/18 Tue 4110/18 I
Approval Final Package
21 Council Authorize to Bid 1 day Wed 4/25/10 Wed 4/25/18
Council Authorize to Bid♦'
22 Phase 1 Construction Bidding 22 days Tue 5/1/18 Wed 5130/18; Phase 1 Construction Blddingloom.
NOTE: Design Consultant will prepare a new schedule based on an agreed upon date to begin design.
Design duration will not exceed the 29 weeks included in the Proposal.
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EXHIBIT "B"
COMPENSATION
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HEP TAG O N 74900 Highway 111,Suite 111
Indian Wells,CA 92210
SEVEN Phone:760-895-0044
October 4,2017
Mr.John Corella,P.E.
City Engineer
City of Cathedral City Contact meson:
68-700 Avenida Lalo Guerrero Brad ppm,PE;PrIndpal
Cathedral City,CA 92234
Address:
74-900 Highway 111
Subject: Proposal for Edom Hill Road Truck Climbing lane Suite 111
Indian Wells,CA 92210
City Project No. 1016 phone:760/895-0044
COST PROPOSAL Call: 760/902-9367
Email: bdonaisahept7.com
Dear John:
Enclosed you will find the Heptagon Seven Consulting,Inc.Cost Proposal to provide professional consulting
design services associated with the Edom Hill Road Truck Climbing Lane in the City of Cathedral City.
This cost proposal and the scope of services for this project is valid for 90 days.
Following your review,we would welcome the opportunity to discuss any facet of our cost estimate and
proposal with you,or should you have any questions or require additional information,please contact me at
your convenience. Once again,thank you for the opportunity to propose on this project as well as your
consideration of Heptagon Seven for this project.
Res.ectfully submitted,
Brad Donais,PE
Principal
The following is a summary of the costs for the services outlined in the attached proposal for the Edom Hill Road
Truck Climbing Lane Project.
Task Description Proposed Fee
1 Project Management,Coordination&QC $5,600
2 Research/Data Collection $1,600
3 Drainage Issues $12,100
Data Collection/Mapping Prep $1,400
Drainage Area Analysis $5,100
Stormwater Conveyance Options $2,400
Hydrology Report $3,200
4 Roadway Improvement Plans $30,800
Roadway Plans $22,200
Cross Sections $8,600
5 Special Provisions and Bid Document $3,600
6 Opinion of Probable Construction Costs $2,400
7 Assistance during Bidding Process IT&Ml $1,750
Total Base Project Fee $57,850
Base Project Reimbursable Amount $1,200
Optional Task
8 Post Design Services(T&M) $2,800
/'HEPTAGON
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EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain
insurance, acceptable to the City, in full force and effect throughout the term of this
Agreement, against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by Service Provider, its
agents, representatives or employees. Service Provider shall procure and maintain the
following scope and limits of insurance:
Only the following "marked" requirements are applicable:
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X Commercial General Liability (CGL): Insurance written on an occurrence
basis to protect Service Provider and City against liability or claims of liability which may
arise out of this Agreement in the amount of one million dollars ($1,000,000) per I
occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as Insurance Services Office form Commercial 1
General Liability coverage (Occurrence Form CG 0001). There shall be no „
endorsement or modification of the CGL limiting the scope of coverage for either 1
insured vs. additional insured claims or contractual liability. All defense costs shall be i
outside the limits of the policy.
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X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less
than $1,000,000 for injuries, including accidental death, to any one person, and subject
to the same minimum for each person, in an amount not less than one million dollars
($1,000,000) for each accident, and property damage insurance in an amount of not
less than one million dollars ($1,000,000). A combined single limit policy with aggregate
limits in an amount of not less than $2,000,000 shall be considered equivalent to the 3
said required minimum limits. Coverage shall be at least as broad as Insurance 1
Services Office form number CA 0001 covering Automobile Liability, including code 1 f
"any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the
City. I
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X Workers' Compensation Insurance: Workers' Compensation insurance that
includes a minimum of one million dollars ($1,000,000) of employers' liability coverage.
Service Provider shall provide an endorsement that the insurer waives the right of ,
subrogation against the City and its respective elected officials, officers, employees, ,
agents and representatives. In the event a claim under the provisions of the California
Workers' Compensation Act is filed against City by a bona fide employee of Service
Provider participating under this Agreement, Service Provider is to defend and
indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate
to the Service Provider's profession in an amount not less than one million dollars
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$1,000,000 per occurrence. This coverage may be written on a "claims made" basis,
and must include coverage for contractual liability. The professional liability insurance
required by this Agreement must be endorsed to be applicable to claims based upon,
arising out of or related to Services performed under this Agreement. The insurance
must be maintained for at least three (3) consecutive years following the completion of
Service Provider's services or the termination of this Agreement. During this additional
three (3) year period, Service Provider shall annually and upon request of the City
submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall
contain the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the
insurer or either Party to this Agreement, reduced in coverage or in limits except after
30 days' prior written notice by certified mail, return receipt requested, has been given to
City.
b. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages.
a. City, and its respective elected and appointed officers,
officials, and employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities Service Provider performs; products and
completed operations of Service Provider; premises owned, occupied or used by
Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to
City, and their respective elected and appointed officers, officials, or employees.
b. Service Provider's insurance coverage shall be primary
insurance with respect to City, and its respective elected and appointed, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by
City, and its respective elected and appointed officers, officials, employees or
volunteers, shall apply in excess of, and not contribute with, Service Provider's
insurance.
c. Service Provider's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
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d. Any failure to comply with the reporting or other provisions of
the insurance policies, including breaches of warranties, shall not affect coverage
provided to City, and its respective elected and appointed officers, officials, employees
or volunteers.
e. The insurer waives all rights of subrogation against the City,
its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager
otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation
against City, and its respective elected and appointed officers, officials, employees and
agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or
before the effective date of this Agreement, certificates of insurance necessary to satisfy
City that the insurance provisions of this contract have been complied with. The City
may require that Service Provider furnish City with copies of original endorsements
effecting coverage required by this Exhibit "C". The certificates and endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. City
reserves the right to inspect complete, certified copies of all required insurance policies,
at any time.
1. Service Provider shall furnish certificates and endorsements from
each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respective elected or
appointed officers, officials, employees and volunteers, or the Service Provider shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall
not be construed to limit Service Provider's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
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