HomeMy WebLinkAboutA8877 - MARK ARCHITECT INC. dba URRUTIA MARKS ARCHITECTSCITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
ON -CALL ARCHITECTURAL DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and
entered into, to be effective this 1st day of Jam, 2021,by and between the CITY OF PALM SPRINGS, a
California charter city and municipal corporation, (hereinafter referred to as "City") and MARKS
ARCHITECTS, INC. dba URRUTIA MARKS ARCHITECTS, (hereinafter referred to as "Consultant").
City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter
collectively referred to as the "Parties."
RECITALS
A. City has determined that there is a need for As -Needed, "On -Call" Architectural Design
Services for a variety of future capital improvement projects, (hereinafter the "Project").
B. Consultant has submitted to City a proposal to provide As -Needed, "On -Call"
Architectural Design Services for a variety of future capital improvement projects to City pursuant to the
terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and
expertise to provide these services and has agreed to provide such services as provided herein.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and
conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are .
hereby acknowledged, the Parties agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Consultant agrees to perform the professional services set forth in the Scope of Services described in
Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as
the "Services" or "Work"). The Services shall be more particularly described in the individual Task Order
issued by the City. As a material inducement to the City entering into this Agreement, Consultant
represents and warrants that this Agreement requires specialized skills and abilities and is consistent with
this understanding, Consultant is a provider of first class work and professional services and that
Consultant is experienced in performing the Work contemplated herein and, in light of such status and
experience, Consultant covenants that it shall perform the Work in a competent, professional, and
satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality,
experienced, and well qualified members of the profession currently practicing under similar conditions.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following:
(1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; (4) the Consultant's
signed, original proposal submitted to the City ("Consultant's Proposal"); and (5) the Task Order (as
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defined herein) (collectively referred to as the "Contract Documents"). The City's Request for Proposals
and the Consultant's Proposal, which are both attached as Exhibits "B" and "C", respectively, are
incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the
Consultant's Proposal. All provisions of the Scope of Services, Task Order, the City's Request for
Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or
inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying
the provisions in the highest priority document, which shall be determined in the following order of
priority: (1st) the terms of this Agreement; (2nd) the provisions of the Task Order; (3rd) Scope of
Services (Exhibit "A"), as may be amended from time to time; (4th) the provisions of the City's Request
for Proposal (Exhibit `B"); and (5th) the provisions of the Consultant's Proposal (Exhibit "C").
1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be
performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all
lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable
Cal/OSHA requirements. Consultant shall be liable for all violations of such laws and regulations in
connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City
that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession and perform the Work required by this Agreement. Consultant
represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times
during the term of this Agreement, any license, permit, qualification, or approval that is legally required
for Consultant to perform the Work under this Agreement. Consultant shall have the sole obligation to
pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by
law and arise from or are necessary for the Consultant's performance of the Work required by this
Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes
penalties, or interest levied, assessed, or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that
Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has
carefully considered how the Services should be performed, and (c) fully understands the facilities,
difficulties, and restrictions attending performance of the Services under this Agreement. If the Services
involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of any Services
hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect
the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and
shall not proceed except at Consultant's risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the
Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents,
plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for
all such damages, to persons or property, until acceptance of the Work by the City, except such losses or
damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good
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faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary
to carry out the purposes of this Agreement.
1.8 Performance of Services. City Manager, Director of Development Services, or City
Engineer as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of
this Agreement to order the performance of services as generally described in the Scope of Services to
perform extra or additional work beyond that specified in the Scope of Services or make changes by
altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is
first given by the City Manager, Director of Development Services, or City Engineer to the Consultant,
incorporating therein the identification and description of the Work to be performed, a maximum or not
to exceed amount for such Work, and the time to perform the Work.
1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with
all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as
amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should
Consultant so employ such unauthorized aliens for the performance of any Work under this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands,
losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which
arise out of or are related to such employment, together with any and all costs, including attorneys' fees,
incurred by City.
2.0 COMPENSATION
2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that
the Services required by this Agreement will vary dependent upon the number, type, and extent of the
Services the Consultant shall provide; and no guarantee of the extent or the type of Services required of
Consultant under the terms of this Agreement is made by the City. The annual level of services required
by this Agreement is unknown and may significantly increase or decrease from year to year. In
acknowledgement of the fact that the number and type of projects requiring the Consultant's Services has
not been identified for this Agreement, City and Consultant hereby acknowledge and agree that a specific
"Maximum Contract Amount" shall be imposed on each separate project that the City may assign
Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be
identified as a Task Order authorized by the City Manager, Director of Development Services, or City
Engineer as provided in this Section 2.1.
The method of compensation for each separate City authorized Task Order may include: (i) a lump sum
payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of
Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the
Schedule of Compensation. Compensation shall include reimbursement for actual and necessary
expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary
expenditures required to perform the professional services under this Agreement. Compensation shall
include the attendance of Consultant at all project meetings reasonably deemed necessary by the City;
Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant
hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of
Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not
be entitled to additional compensation, therefore.
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It is expressly agreed that the maximum contract amount of this Agreement is undefined and is subject to
the number and type of projects requiring the Consultant's Services throughout the duration of the term
of this Agreement, if any. Consultant's compensation shall be limited to the Maximum Contract Amount
identified on each separate, individually authorized Task Order corresponding to a project requiring the
services of the Consultant.
By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual
Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required Services necessary
for the projects.
2.2 Method of Payment. Unless some other method of payment is specified in the Schedule
of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later
than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by
the City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such requests
shall be based upon the amount and value of the Services performed by Consultant and accompanied by
such reporting data including an itemized breakdown of all costs incurred and tasks performed during the
period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make
payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is
reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is
requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with
particularity all terms of such amendment, including, but not limited to, any additional professional fees.
An amendment may be entered into: (a) to provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b)
to provide for additional services not included in this Agreement or not customarily furnished in
accordance with generally accepted practice in Consultant's profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement.
If such appropriations are not made, the City Manager may terminate this Agreement as provided in
Section 8.3 of this Agreement; otherwise, there shall be no funding for any Services and Consultant shall
not be entitled to payment for any Services that Consultant may provide.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time
for completion of the Services to be performed by Consultant is an essential condition of this Agreement.
Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed
upon Schedule of Performance for each Task Order. Neither Party shall be accountable for delays in
performance caused by any condition beyond the reasonable control and without the fault or negligence
of the non -performing Party. Delays shall not entitle Consultant to any additional compensation regardless
of the Party responsible for the delay.
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this
Agreement upon receipt of a written Task Order and shall perform all Services within the time period(s)
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established in the Schedule of Performance. When requested by Consultant, extensions to the time
period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer,
but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall
not be obligated to grant such an extension.
3.3 Force Maieure. The time for performance of Services to be rendered under each Task
Order may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the
Contract Officer within ten (10) days of the commencement of the Force Maj eure Event. A Force Maj eure
Event shall mean an event that materially affects the Consultant's performance and is one or more of the
following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other
acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable
and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are
required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this
section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders,
rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a
municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the
extent of any necessary delay and extend the time for performing the Services for the period of the
enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract
Officer's determination shall be final and conclusive upon the Parties to this Agreement. The Consultant
will not receive an adjustment to the contract price or any other compensation. Notwithstanding the
foregoing, the City may still terminate this Agreement in accordance with the termination provisions of
this Agreement.
3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall
commence on July 1, 2021 and continue in full force and effect for three (3) years. At the sole discretion
of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement
may be extended for two (2) additional one (1) year terms.
C��ZIZI 9 1)ill : 1► 1 . 1
4.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf with
respect to the Services to be performed under this Agreement and make all decisions in connection
therewith: David W. Clarke, Vice President. It is expressly understood that the experience, knowledge,
education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for
City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term
of this Agreement for directing all activities of Consultant and devoting sufficient time to personally
supervise the services performed hereunder. The foregoing principal may not be changed by Consultant
without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the
City Manager of City and is subject to change by the City Manager. It shall be the Consultant's
responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance
of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract
Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf
of the City required hereunder to carry out the terms of this Agreement.
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4.3 Prohibition Against Subcontractintz or Assisnments. The experience, knowledge,
education, capability, and reputation of Consultant, its principals and employees, were a substantial
inducement for City to enter into this Agreement. Consultant shall not contract with any other individual
or entity to perform any Services required under this Agreement without the City's express written
approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily
or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement including without limitation
the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this
Agreement by City, Consultant shall be responsible to City for the acts and omissions of its
subconsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this
Agreement shall create any contractual relationships between any subconsultant and City. All persons
engaged in the Work will be considered employees of Consultant. City will deal directly with and will
make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether
for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more than
twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into
account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of
Consultant from any liability hereunder without the express written consent of City.
4.4 Independent Consultant.
A. The legal relationship between the Parties is that of an independent Consultant, and
nothing herein shall be deemed to make Consultant a City employee. During the performance of this
Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and
shall not act as City officers or employees. The personnel performing the Services under this Agreement
on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any
of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers,
employees, or agents shall not maintain an office or any other type of fixed business location at City's
offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's
employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of
service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with
this Agreement and shall be responsible for all reports and obligations respecting them, including but not
limited to social security income tax withholding, unemployment compensation, workers' compensation,
and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of
Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or
liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or agents
in connection with any performance under this Agreement. Except for professional fees paid to Consultant
as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for the performance of Services under this Agreement. City shall not be liable for compensation or
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indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of
performing Services hereunder. If for any reason any court or governmental agency determines that the
City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature
relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives,
subconsultants, or agents, Consultant shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et
seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other
requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the
Services are being performed as part of an applicable "public works" or "maintenance" project, as defined
by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000
or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply
with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials,
officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be
mandatory upon the Consultant and all subcontractors to comply with all California Labor Code
provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and
1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of
contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable "public works" or
"maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or
more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections
1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered
with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant's sole responsibility to comply with all applicable registration and labor compliance
requirements.
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense,
in a form and content satisfactory to City, the insurance described herein for the duration of this
Agreement, including any extension thereof, or as otherwise specified herein, against claims which may
arise from or in connection with the performance of the Work hereunder by Consultant, its agents,
representatives, or employees. In the event the City Manager determines that the Work or Services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of
written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer
whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below
for professional liability (errors and omissions) insurance, all insurance provided pursuant to this
Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall
be as follows:
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A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force
and effect throughout the term of this Agreement, standard industry form professional liability (errors and
omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per
occurrence and two -million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions
of this section.
(1) Consultant shall either: (a) certify in writing to the City that Consultant is
unaware of any professional liability claims made against Consultant and is unaware of any facts which
may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant
to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the
required limits of the policy shall apply separately to claims arising from errors and omissions in the
rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy shall
be continued in full force and effect at all times during the term of this Agreement, and for a period of
three (3) years from the date of the completion of the Services provided hereunder. In the event of
termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the
prior acts or omissions of Consultant during the course of performing Services under the terms of this
Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by
obtaining separate extended "tail" coverage with the present or new carrier or other insurance
arrangements providing for complete coverage, either of which shall be subject to the written approval by
the City Manager.
(3) In the event the policy of insurance is written on an "occurrence" basis, the
policy shall be continued in full force and effect during the term of this Agreement, or until completion of
the Services provided for in this Agreement, whichever is later. In the event of termination of the policy
during this period, new coverage shall immediately be obtained to ensure coverage during the entire course
of performing the Services under the terms of this Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full
force and effect throughout the term of this Agreement, workers' compensation insurance in at least the
minimum statutory amounts, and in compliance with all other statutory requirements, as required by the
State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation
insurer waiving subrogation rights under its workers' compensation insurance policy against the City and
to require each of its subconsultants, if any, to do likewise under their workers' compensation insurance
policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of
Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of at least one million dollars
($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property
damage including coverages for contractual liability, personal injury, independent Consultants, broad
form property damage, products and completed operations.
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D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force
and effect throughout the term of this Agreement, a policy of business automobile liability insurance
written on a per occurrence basis with a single limit liability in the amount of one million dollars
($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non -
owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force
and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per
occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or
disease.
5.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions
must be declared to and approved by the City Manager prior to commencing any work or services under
this Agreement. Consultant guarantees payment of all deductibles and self -insured retentions. City
reserves the right to reject deductibles or self -insured retentions in excess of $10,000, and the City
Manager may require evidence of pending claims and claims history as well as evidence of Consultant's
ability to pay claims for all deductible amounts and self -insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance
policies required of Consultant pursuant to this Agreement:
A. For any claims related to this Agreement, Consultant's coverage shall be primary
insurance as respects City and its officers, council members, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City and its officers, council members, officials,
employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute
with it.
B. Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers, council members,
officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to each insured, including additional insureds, against
whom a claim is made, or suit is brought to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations shall limit the application of such
insurance coverage.
D. None of the insurance coverages required herein will be in compliance with these
requirements if they include any limiting endorsement which substantially impairs the coverages set forth
herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement
has first been submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements to delete
any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes
no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the
requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required
endorsements, and submittal of certificates without required endorsements may delay commencement of
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the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal
requirements as provided herein.
F. Consultant agrees to ensure that subconsultants, and any other parties involved with
the Project who are brought onto or involved in the Project by Consultant, provide the same minimum
insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with subconsultants and
others engaged in the Project will be submitted to the City for review.
G. Consultant acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes
any additional obligations on the City nor does it waive any rights hereunder in this or any other regard.
H. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other policies providing at least
the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration.
Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided
to City no later than ten (10) days prior to expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features, or limits contained in this
section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any
coverage normally provided by any given policy. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to
be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this
section.
K. Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the Work performed under this Agreement and for any other claim or loss which
may reduce the insurance available to pay claims arising out of this Agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for
payment of potential claims.
L. Consultant agrees that the provisions of this section shall not be construed as
limiting in any way the extent to which the Consultant may be held responsible for the payment of damages
resulting from the Consultant's activities or the activities of any person or person for which the Consultant
is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized
insurers in good standing with the State of California. Coverage shall be provided by insurers admitted
in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such
requirements are waived in writing by the City Manager or his designee due to unique circumstances.
Page 10 of 19 Rev. 5/1/20
55575.18165\32900159.2
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance
and endorsements, including additional insured endorsements, affecting all of the coverages required by
this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before
work commences. City reserves the right to require Consultant's insurers to provide complete, certified
copies of all required insurance policies at any time. Additional insured endorsements are not required
for Errors and Omissions and Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto
Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability
Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements
stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional
insured... " ("as respects City of Palm Springs Contract No. or 'for any and all work performed with
the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self-insurance the
City may have..." ("as respects City of Palm Springs Contract No._" or' for any and all work performed
with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof,
the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as,
"endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers' Compensation and Employers' Liability policies shall contain the
insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and
volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder
on the policies. All certificates of insurance and endorsements are to be received and approved by the
City before work commences. All certificates of insurance must be authorized by a person with authority
to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain
the required documents prior to the commencement of work shall not waive the Consultant's obligation
to provide them.
6. INDEMNIFICATION
6.1 To the fullest extent permitted by law, Consultant shall indemnify and hold harmless
the City, its elected officials, officers, employees, agents, and volunteers (collectively the
"Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses.
costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising
from injuries to or death of persons (Consultant's employees included), for damage to property, including
property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner
Page 11 of 19 Rev. 5/1/20
55575.18165\32900159.2
arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed
by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to
Consultant's performance of Services or this Agreement. This indemnification clause excludes Claims
arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's
indemnification obligation or other liability under this Agreement. Consultant's indemnification
obligation shall survive the expiration or earlier termination of this Agreement until all actions against the
Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of
limitations or, if an action is timely filed, until such action is final.
6.2 If Consultant's obligation to indemnify, and/or hold harmless arises out of Consultant's
performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then,
and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein,
Consultant's indemnification obligation shall be limited to the extent which the Claims arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of
the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed
the Consultant's proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accountin2 Records. Consultant shall keep complete, accurate, and detailed accounts of
all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep
such books and records as shall be necessary to properly perform the Services required by this Agreement
and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer
shall have full and free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the Services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the
Work to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant
becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or
decrease the cost of the Work contemplated herein or, if Consultant is providing design services, the cost
of the project being designed, Consultant shall promptly notify the Contract Officer of such fact,
circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if
Consultant is providing design services, the estimated increased or decreased cost estimate for the project
being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents,
memoranda, correspondence, computations, and other materials prepared by Consultant, its employees,
subconsultants, and agents in the performance of this Agreement shall be the property of City and shall
be promptly delivered to City upon request of the Contract Officer or upon the termination of this
Agreement, and Consultant shall have no claim for further employment or additional compensation as a
result of the exercise by City of its full rights of ownership of the documents and materials hereunder.
Any use of such completed documents for other projects and/or use of incomplete documents without
specific written authorization by the Consultant will be at the City's sole risk and without liability to
Page 12 of 19 Rev. 5/1/20
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Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant
may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use
the concepts embodied therein. Consultant shall ensure that all its subconsultants shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant fails to
secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and
other materials prepared by Consultant in the performance of Services under this Agreement shall not be
released publicly without the prior written approval of the Contract Officer. All information gained by
Consultant in the performance of this Agreement shall be considered confidential and shall not be released
by Consultant without City's prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the
regular business hours of City, Consultant shall provide City, or other agents of City, such access to
Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy,
audit, and inspect all accounting books, records, work data, documents, and activities directly related to
Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and
documents in accordance with generally accepted accounting principles and shall clearly identify and
make such items readily accessible to such parties during the term of this Agreement and for a period of
three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as
to validity and as to performance of the Parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall
be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate
court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposes of the Parties. The terms of this
Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of
construction of contracts (including, without limitation, California Civil Code Section 1654) that
ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of
this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for
convenience and identification purposes only and shall not be deemed to limit, expand, or define the
contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement at any time, with or without cause, upon
thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and
constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such
shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall
immediately cease all Services except such as may be specifically approved by the Contract Officer.
Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of
termination and for any Services authorized by the Contract Officer after such notice. City shall not be
liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall
Page 13 of 19 Rev. 5/1/20
5 5575. l 8 165 \32900159.2
not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation
for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30)
days written notice to City.
8.4 Default of Consultant.
A. Consultant's failure to comply with any provision of this Agreement shall
constitute a default.
B. If the City Manager, or his designee, determines that Consultant is in default in the
performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing
of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure
the default by rendering satisfactory performance. In the event Consultant fails to cure its default within
such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice of any remedy to which City may
be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable
costs incurred by City as a result of such default. Compliance with the provisions of this section shall not
constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided
that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section
8.3.
C. If termination is due to the failure of the Consultant to fulfill its obligations under
this Agreement, City may, after compliance with the provisions of Section 8.4.13, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent
that the total cost for completion of the Services required hereunder exceeds the Maximum Contract
Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may
withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts
owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall
not limit Consultant's liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing
and signed by a duly authorized representative of the Party against whom enforcement of a waiver is
sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained
in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor
shall failure by the Parties to require exact, full, and complete compliance with any of the covenants,
conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in
any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. 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.
8.7 Legal Action. In addition to any other rights or remedies, either Parry may take legal
action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to
Page 14 of 19 Rev. 5/1/20
55575.18165\32900 l 59.2
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement.
8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement
results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to
such other relief as may be granted, to recover from the non -prevailing Party all reasonable costs and
expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all
fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such
proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non -liability of City Officers and Employees. No officer or employee of the City shall
be personally liable to the Consultant, 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 Consultant or to its successor, or for breach
of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has
or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any
agreement of any kind with any such officer or employee during the term of this Agreement and for one
year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any
third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Consultant shall not discriminate against any employee or applicant for employment because
of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of
origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender
identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis").
Consultant shall ensure that applicants are employed, and that employees are treated during their
employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to
enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions
hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any
Consultant activity, including but not limited to the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship; and further, that Consultant is in full
compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without
limitation the provision of benefits, relating to non-discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permissible under law, and in lieu of any other warranty by
City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that
Consultant shall defend at its expense any claim or suit against City on account of any allegation that any
item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of
this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall
Page 15 of 19 Rev. 5/1/20
55575.18165\32900159.2
pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly
notified in writing of the suit or claim and given authority, information and assistance at Consultant's
expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to
the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify
City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of
such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or
(2) the use of a deliverable in combination with other material not provided by Consultant when it is such
use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all
negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any
settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any
suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of
such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for
City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend
this patent and copyright indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder shall be in
writing, and shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified
mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence
of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the
address of the person to receive such notice if delivered personally or by messenger or overnight courier;
(ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when
sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by
facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of
electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of
notice required hereunder. Notices or other communications shall be addressed as follows:
To Ci : City of Palm Springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: Marks Architects, Inc. dba Urrutia Marks Architects
Attention: David W. Clarke
165 N. Luring Drive
Palm Springs, CA 92262
Telephone: (760) 327-6800
10.3 Entire Agreement. This Agreement constitutes the entire understanding between the
Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and
understandings, if any, made by or among the Parties with respect to the subject matter hereof. No
amendments or other modifications of this Agreement shall be binding unless executed in writing by both
Parties hereto, or their respective successors, assigns, or grantees.
Page 16 of 19 Rev. 511/20
55575. l 8165\32900159.2
10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in
such a manner as to be effective and valid under applicable law, but if any provision of this Agreement
shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such
provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the
reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is
so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of
the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing
contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring,
any rights, including, without limitation, any rights as a third -party beneficiary or otherwise, upon any
entity or person not a parry hereto.
10.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as
though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for
purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party
for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly
authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing,
(iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the
provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of
any other Agreement to which the Party for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Page 17 of 19 Rev. 5/1/20
55575.18165\32900159.2
SIGNATURE PAGE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF PALM SPRINGS AND MARKS ARCHITECTS, INC.
dba URRUTIA MARKS ARCHITECTS
IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed
the day and year first above written.
ATTEST:
CITY F PALM SPRINGS, CA
By
t ny Mejia, ity
Date:
APPROVED AS TO FORM:
By
Jeffrey ' Bafidger, JKy Attorney
Date: av-11 P 2 [" Z dZ
CONSULTANT
CONTENTS APPROVED:
By
Justin C on, City M ager
Date: -01)(0/aDaI
APPROVED BY CITY COUNCIL:
DateI �e�
/ (0Agreej �mnt No. �
Name: Marks Architects, Inc. dba Urrutia Marks Architects
Check one: _Individual _Partnership _Corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board, President,
or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer,
Assistant Treasurer, or Chief Financial Officer.
Address: 165 N. Luring Drive
Palm Springs, CA 92262
By:
Signature (notarized)
Name: �avcd W. Goarke
Title: OCe !"fres'rofenJ -
By:
Signature (notarized)
Name: Pory d W. C/arke
Title:y(C e Pre s 4ey �-
Page 18 of 19 Rev. 5/1/20
55575.18165\32900159.2
CALIFORNIA ALL-PURPOSE ACMOWLEDGMENT CIVIL CODE § 1189
,., .
A rctwy public or other afficer corrplamn8 thin cam veri5se a* the identity of the st*iadual wtm awed the
documem to which this camficats ra arched and not the tru&Mneas• accost% or Yd" of that doewmnt
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ar the entity upon behalf of which the persan(s) sated, executed the irmhurnent-
I certify under PENALTY OF PERJURY urrder the leers
of the State of Caftfomis that the foregoing paragraph
MYRTA M. APOS7C is true and correct
Notary Public • California Vi YTNFSS my and official deal.
Riverside County
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My Comm. Expires M12.2023
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Deacnpbm of Attached Doaunent
TrUa or Type of Docwnent
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Signer(a) other Than Named Above:
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Signers Name:
❑ Corpnrade Officer — Title(ay
❑ Partner — ❑ Limited ❑ General
❑ Individusl ❑ Attorney in Fed
❑ Tnwtse
❑ Other -
❑ Guardian or Conaervator
Signer Is Representing:
aigner'a Name:
❑ Corporate officer — TM*):
❑ Partner — ❑ Limiter! ❑ General
❑ ir►dividual ❑ Attorney in Fed
❑ Trustee ❑ Guardian or Conservator
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Signer Is Representing:
®2014 NaWna, Notary Aasociatm • www.Nat7ma-Whiry-org • 14KO-US NDTAFYY 0-800-87543827) Item #5807
Page 19 of 19
Rev.
5 5 5 7 5.1816 5 \32 90015 9.2
5/1 /20
EXHIBIT "A"
SCOPE OF SERVICES
The selected firms shall provide first-rate architectural services on an as -needed basis for various City
projects as assigned. Responsibilities may include, but are not limited to, the following:
1. Lead a team to prepare architectural, structural, mechanical, electrical, plumbing, safety
systems, landscaping and other drawings as needed for new infrastructure, upgrades or
improvements for municipal buildings and structures.
2. Preparation of conceptual drawings, plans and renderings as may be requested by the City for
projects being contemplated or visioning sessions with the community.
3. Move assigned projects through all City entitlement processes, including but not limited to,
architectural review, planning approval, building & safety, engineering and construction,
including City Council approval if applicable.
4. Architectural services for designated historical buildings, as well as completely new
construction, alteration and renovation projects on historic sites. This includes project design,
research, evaluation, planning, handicapped accessibility, and engineering services (civil,
structural, MEP, land surveying, etc.) incidental to the project.
5. Attend meetings and prepare presentations for staff reports to City advisory board,
commissions, and the City Council when said meetings relate to projects covered by this
contract, and as warranted or directed by the City Manager or his/her designee.
6. Feasibility studies for new, renovation, and alteration projects.
7. Facility assessment, studies and/or audits to determine compliance with various federal, state,
and local regulations (ADA, Building Code, Fire Code, energy efficiency, etc.)
8. Preparation of reports that may be needed for preliminary documents, working drawings,
permitting, construction drawings, specifications, bid documents, and construction cost
estimates.
9. Coordinate with a sub -consultant to provide plans and construction drawings for the
installation of fire sprinklers and fire alarm systems in new or existing buildings. This may be
part of a larger project or a standalone project to install fire sprinklers and fire alarm systems in
an existing building.
10. Provide construction advisement and/or construction management services, value engineering
and advice on projects that need to be constructed in phases.
11. Provide documentation, assist in warranty review, participate in project close-out, and provide
as -built record drawings as -needed.
Rev. 511 /20
55575.18165\32900159.2
12. Cooperate, coordinate, and communicate with all internal City departments and divisions as
necessary. Coordinate meetings with City staff, contractors and other stakeholders as the
project may require.
It will be the responsibility of the successful firms to determine the necessary staffing level required to
perform the scope of service of each project assigned. The City will not provide dedicated work space or
office space, City staff, or City resources, printing or copying services, or clerical assistance for the
performance of this agreement.
All services shall be performed in compliance with the industry and professional standards and all
applicable federal, state, and local laws, ordinances, and regulations including the Americans with
Disabilities Act (ADA), current California Building Code, and the rules and ordinances of the County of
Riverside and the City of Palm Springs.
The City further reserves the right, when applicable and in the best interests of the City, to require the
architect to engage sub -consultants with special expertise when the unique circumstances of a particular
project warrants such additional services. The City may provide recommendations to the architect for
consideration and reserves the right of approval of any sub -consultant selected by the architect on any
project.
All proposals must be made on the basis of the requirements contained herein. Individual tasks may
require supervision, sub -consultants, materials, equipment and supplies necessary to complete any
services required.
When the City has an available project or task for our on -call architect firms, they will provide a general
scope, details, and budget for that project. This will be sent to all selected on -call firms. Since all firms
have already been screened for qualifications, the City will ask firms will respond with a short proposal
containing just a detailed list of services that will be provided for the project, identification of staff
assigned to the project, and a cost proposal. If for any reason, a firm is not able to submit a proposal, a
response stating as such will be required. If no response and no proposals are received on multiple
occasions, it may be grounds for the City to not execute the one-year extensions to an on -call
architectural firm.
Rev. 5/1 /20
5 55 75.18165\32900159.2
EXHIBIT "B"
CITY'S REQUEST FOR PROPOSALS
Rev 511/20
55575.18165'329001592
U4
km
2021
REQUEST FOR
TENT OF.DUALIFICATION
Date Issued- February 22, 2021
Proposals Due: March 24, 2021
SOQ#08-2
ON -CALL
ARCHITECTURAL
SERVICES
CITY OF PALM SPRINGS, CALIFORNIA
SOQ#08-21
REQUEST FOR
STATEMENT OF QUALIFICATIONS (SOQ)
The City of Palm Springs ("City") is seeking qualified architects
("Consultants") to provide "on -call" architectural services for a
variety of City projects, as may be assigned. The objective of
this solicitation is to hire multiple Consultants to provide such
services to the City. There is no promise or guarantee of work,
made or implied, by the City and all work that may be assigned
is subject to approval and funding of each project.
BACKGROUND
The City is a charter city located in eastern Riverside County,
California, with a population of over48,000. The City owns and
operates Palm Springs International Airport (PSP), as well as
many other public facilities within the community such as City
Hall, Fire Stations, Police Headquarters, a Pavilion and
Leisure Center, a Convention Center, a Visitors Center, an
Animal Shelter, Plaza Theater, a Wastewater Treatment Plant,
Downtown Parking Structures, and the Main Library, to name
a few.
The City has on -going requirements to maintain, improve or
expand their public facilities over the next five (5) years. The
types of projects that may be contemplated as part of these
on -call architectural services include, but are not limited to, the
following: remodeling, repurposing, refurbishing existing
public buildings; restoration or refurbishing of designated
historical public structures; design of new municipal public
structures; space allocation planning; infrastructure upgrades;
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demolition plans for unused facilities; signage design; upgrade of mechanical, electrical, and
plumbing (MEP) equipment; coordinating the design from a sub -consultant for installation of fire
sprinkler and alarm systems in existing buildings; door and window replacements for energy
efficiency; and remodel of existing interior restrooms for ADA compliance. The selected
Consultants shall be required to demonstrate successful experience and capacity to provide
architectural services to a municipal government agency for the types of projects named above.
Projects that are funded with Federal or State grant funds may be excluded from the contract
resulting from this Request for SOQ pursuant to the applicable term and conditions of the grant
requirements. Also architectural services for large projects, as determined by City staff, may be
solicited by a separate procurement, to obtain the best qualified professionals to meet the needs
of that project and to participate in community engagement that will likely be a part of the process.
Under this Request for SOQ, the City intends to award one or more contracts for on -call
architectural services with an initial term of three (3) years, with two (2) one-year extensions upon
approval of the City Manager and mutual consent of the selected firms, for a total maximum of five
years, unless mutually extended by the parties for more than five (5) years.
SCOPE OF WORK
The selected Consultants shall provide first-rate professional architectural services on an as -
needed basis for various City projects as assigned. Responsibilities may include, but are not limited
to, the following:
1. Leading a team to prepare architectural, structural, mechanical, electrical, plumbing,
safety systems, landscaping and other drawings as needed for new infrastructure,
upgrades or improvements for City buildings and structures.
2. Preparing conceptual drawings, plans and renderings as may be requested by the City for
projects being contemplated or visioning sessions with the community.
3. Moving assigned projects through all City entitlement processes, including but not limited
to, architectural review, planning approval, building & safety, engineering and construction,
including City Council approval if applicable.
4. Providing architectural services for designated historical buildings, as well as new
construction, alteration and renovation projects on historic sites. This includes project
design, research, evaluation, planning, handicapped accessibility, and engineering
services (civil, structural, MEP, land surveying, etc.) incidental to the project.
5. Attending meetings and preparing presentations for staff reports to City advisory board,
commissions, and the City Council as warranted or directed by the City Manager or his/her
designee.
6. Preparing feasibility studies for new, renovation, and alteration projects.
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7. Preparing facility assessment, studies and/or audits to determine compliance with various
federal, state, and local regulations (ADA, Building Code, Fire Code, energy efficiency,
etc.)
8. Preparing reports for preliminary documents, working drawings, permitting, construction
drawings, specifications, bid documents, and construction cost estimates.
9. Coordinating with a sub -consultant to provide plans and construction drawings for the
installation of fire sprinklers and fire alarm systems in new or existing buildings. This may
be part of a larger project or a standalone project to install fire sprinklers and fire alarm
systems in an existing building.
10. Providing construction advisement and/or construction management services, value
engineering and advice on projects constructed in phases.
11. Providing documentation, assist in warranty review, participate in project close-out, and
provide as -built record drawings as -needed.
12. Cooperating, coordinating, and communicating with all internal City departments and
divisions as necessary. Coordinate meetings with City staff, contractors and other
stakeholders as the project may require.
It will be the responsibility of selected Consultants to determine the necessary staffing level
required to perform the scope of service of each project assigned. The City will not provide
dedicated work space or office space, City staff, or City resources, printing or copying services, or
clerical assistance for the performance of the services.
All services shall be performed in compliance with the industry and professional standards and all
applicable federal, state, and local laws, ordinances, and regulations including the Americans with
Disabilities Act (ADA), current California Building Code, and the rules and ordinances of the County
of Riverside and the City of Palm Springs.
The City further reserves the right, when applicable and in the best interests of the City, to require
the selected Consultant to engage sub -consultants with special expertise when the unique
circumstances of a particular project warrants such additional services. The City may provide
recommendations to the selected Consultant for consideration and reserves the right of approval
of any sub -consultant on any project.
All SOQs must be made on the basis of the requirements contained herein. Individual tasks may
require supervision, sub -consultants, materials, equipment and supplies necessary to complete
any services required.
When the City makes available a project or task for a selected Consultant, the selected Consultant
will provide a general scope, details, and budget for that project. This request will be sent to all
selected Consultants. Since all selected Consultants will have already been screened for
qualifications, the City will ask selected Consultants to respond with a short proposal containing a
detailed list of services that will be provided for the project, identification of staff assigned to the
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project, and a cost proposal. If for any reason a selected Consultant is not able to submit a proposal,
a response stating as such will be required. If no response and no proposals are received on
multiple occasions, it may be grounds for the City to not execute the one-year extensions to the
contract with the selected Consultant.
STATEMENT OF QUALIFICAITONS REQUIREMENTS
Consultants must submit their SOQ in the order provided below. The SOQ must be in an 8'/2" x 11"
format and not more than thirty (30) pages. In an effort to be sustainable, submissions will be
electronic pdf format only.
Consistent with the City's Municipal Code for the acquisition of professional architectural services,
price is NOT an evaluation criteria. Cost proposals shall be submitted as a separate pdf file, which
will not be considered until after evaluation of the SOQ by the Evaluation Committee. Upon
selection of the most qualified Consultants, the associated cost proposals will be used as a basis
for contract negotiations. The City reserves the right to enter into agreements with more than one
Consultant.
1. Cover letter. The SOQ shall include a cover letter that at minimum identifies the company,
mailing address, main point of contact, email and phone number for contact, and reason for
submitting the SOQ.
2. Firm and Staff Qualifications. This section shall describe the qualifications of the
Consultant and its ability to provide on -call architecture services to the City. You may include
a list of other public agencies your firm is providing similar on -call architecture services.
Discuss your firm's experience in the various processes, approvals, and procedures
associated with providing such services for a public agency. Discuss your firm's familiarity
and any unique issues that come with providing architectural services in the City and
Coachella Valley. Identify any key or critical issues that you foresee may be encountered
while providing on -call architectural services. Describe your firm's method to ensure its
projects are delivered to clients on time and within your clients budget.
Identify staff assigned to provide these services. Include relevant and/or specific examples
that demonstrate their experience, technical expertise, licenses, specialties and/or ability to
provide the requested services. Include an organizational chart to show the team of staff
and possibly sub -consultants your firm may use to provide the scope of services. (40 points)
3. Scope of Work. This section shall provide a detailed description on the Consultant's
approach or methodology in providing each item in the scope of work. The descriptions
provided shall demonstrate the Consultant's ability to provide on -call architectural services
to satisfactorily complete the requirements of each scope of work item. (40 points)
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Please note: This Request for SOQ cannot identify each specific, individual task required to
implement the on -call services requested. The City relies on the professionalism and
competence of the selected Consultant(s) to be knowledgeable of the general areas
identified in the scope of work and to include in its SOQ and cost proposal all required tasks
and subtasks, personnel commitments, man-hours, direct and indirect costs, etc., needed
to provide the on -call services. The City will not approve amendments to the selected
Consultant's agreement which do not involve a substantial change from the general scope
of work identified in this Request for SOQ.
4. Reference Project. Identify one example project for which your firm and staff provided on -
call architectural services. (15 points)
• Provide a short description of the project and the location of the project.
• Provide the approximate cost of your services on that project
• Provide the date range your firm provided those services
• Provide contact information for someone who can verify your work on the project.
• Include any pictures that demonstrates yourfirm's work on the project.
Also, describe how your firm applied its skills and abilities in the following areas: (any
that may apply)
• Responsiveness and attentiveness to client needs
• Knowledge and understanding of the latest architectural and construction trends
• Creative design
• Green building design such as LEED Certified, solar panels, water conservation,
drought tolerant planting, smart technologies, etc.
• Historic preservation
• Sensitivity to funding constraints
• Public Private Partnerships (P3)
• Working with a Tribe or the indigenous peoples of the United States
• Analysis of a complex situation, or a challenging problem encountered and how
you solved it
• Oral and written communication skills, including staff or council reports
• Preparation of presentations to meetings, neighborhoods, stakeholders
• Interaction with the client's organization, (i.e. other divisions or departments,
Boards, Commissions, Councils)
5. Local Business Preference Program. (up to 5 points) Pursuant to Palm Springs
Municipal Code Section 7.09.030 Local Business Preference Program, the Local Preference
in Services does apply. In order for a local business to be eligible to claim the local
preference, the local business must request the consideration of the local preference
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program (see Attachment A) in this section of the SOQ and provide a copy of its current
business license from a jurisdiction in the Coachella Valley showing the address of the
business is located in the Coachella Valley.
"Local business" means a vendor, contractor, or consultant who has a valid physical
business address located within the Coachella Valley, at least six months prior to bid
or proposal opening date, from which the vendor, contractor, or consultant operates
or performs business on a day-to-day basis, and holds a valid business license by a
jurisdiction located in the Coachella Valley. Post office boxes are not verifiable and
shall not be used for the purpose of establishing such physical address.
"Coachella Valley" means the area between the Salton Sea on the south, the
San Jacinto and Santa Rosa Mountains on the west, and the Little San
Bernardino Mountains on the east and north. For the purposes of this
definition, "Coachella Valley" includes the cities of Beaumont and Banning
and the unincorporated areas between Banning and the City of Palm Springs.
Consultants that request the local preference and qualify as a local business will be awarded
the full five (5) points.
A Consultant that qualifies as a local business but does not request the local preference or
a Consultant that does not qualify as a local business will earn zero (0) points for the Local
Business Preference Program.
6. Forms. The following attachments must be included in the SOQ. These attachments do not
count towards the thirty (30) page limit.
• Attachment A — Signature and Addenda Acknowledgement Form
• Attachment B — Non -Collusion Declaration Form
• Attachment C — Conflict of Interest and Non -Discrimination Certification
• Attachment D — Public Integrity Disclosure Form (do not include instructions)
• Attachment E — Sample Professional Services Agreement for On -Call Services
(Please see instructions for submitting in Attachment E)
7. Cost Proposal (separate file). Provide a cost proposal that identifies a schedule of hourly
rates for each person and/or position assigned to perform the requested services and
include any other rates or direct costs that may apply to this Request for SOQ. Cost
increases to the schedule of hourly rates shall be allowed once per calendar year. Updated
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rates must be submitted in writing and received by January 31 of each calendar year. If no
updated rate schedule is received by the end of January, the previously approved rate
schedule shall continue. If any overhead rate is applied to sub -consultant work, the terms
must clearly be identified in the cost proposal.
QUESTIONS OR CLARIFICATIONS
It shall be the Consultant's responsibility to ask questions, request clarifications, or otherwise
advise the City of any language, specification, or requirements of the Request for SOQ that is
ambiguous or contradictory.
Questions and requests for clarification regarding this Request for SOQ shall be submitted in
writing to:
Leigh Gileno, Acting Procurement & Contracting Manager at:
Leigh. Gileno(a)-palmspringsca.gov
by 3:00 PM, on March 17, 2021. Questions and requests for clarification received after that date
and time will not be answered. Requests for time extensions will not be approved.
Interpretations or clarifications considered necessary in response to such questions and request
for clarification will be resolved by the issuance of formal Addenda to the Request for SOQ. Only
questions and request for clarification that have been resolved by formal written Addenda via the
Department of Procurement and Contracting will be binding. Oral and other interpretations or
clarifications will be without legal or contractual effect.
Consultants, their representatives, agents or anyone else acting on their behalf are specifically
directed NOT to contact any City employee, commission member, committee member, council
member, or other agency employee or associate for any purpose related to this Request for SOQ
other than as directed above. Contact with anyone other than as directed above may be
cause for rejection of a submittal.
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SUBMITTAL OF SOQ
Consultants must upload two (2) separate files.
The first file shall be the SOO. The second file
shall be the cost proposal. Each file must be
labeled with the SOO number, firm name, and
either the words "SOQ" or "Cost Proposal'.
Consultants must label their files this way or files
may be lost or rejected. Firms may not use any
special characters (*;&@#) in the name of the
files, only dashes may be used.
Example:
SOO 08-21-YourCompanylnc-SOQ
SOO 08-21-YourCompanylnc-Cost Proposal
Electronic submittals shall be uploaded to the
following site via the link below. All submissions
will be time and date stamped upon submittal.
Submittals shall be received by the deadline of
3:00 PM, March 24, 2021. Late submissions will
be rejected.
https://spaces.hightail.com/uplink/Procurement
INFORMATION REGARDING STATEMENT OF QUALIFICATIONS
PRIOR CITY WORK: If your firm has prior experience working with the City, DO NOT assume all
members of the evaluation committee know about said prior work done by your firm. All Consultants
are evaluated on the information contained in their SOO, information obtained from references
(including the City and past performance if applicable), and presentation, if requested. SOQs
should be prepared as if the evaluation committee members have no knowledge of the Consultant,
their qualifications or past projects.
COST RELATED TO SOQ PREPARATION: The City will NOT be responsible for any costs
incurred by any Consultant responding to this Request for SOO in the preparation of their SOO or
participation in any presentation if requested, or any other aspects of the entire Request for SOO
process.
RESPONSIBILITY OF CONSULTANTS: All Consultants responding to this Request for SOO shall
be responsible. If it is found that a Consultant is not responsible (e.g., has not paid taxes, is not a
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legal entity, submitted an SOQ without an authorized signature, falsified any information in the
SOQ, etc.), the SOQ may be rejected.
NONCOLLUSION: All Consultants must execute the Non -Collusion Declaration Form provided as
Attachment "B" in this Request for SOQ and include it with their SOQ.
COMPLIANCE WITH LAW: Consultant warrants that all services rendered shall be performed in
accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders,
rules, and regulations.
PUBLIC RECORD: All documents submitted in response to this solicitation will become the
property of the City and are subject to the California Code Section 6250 et seq., commonly known
as the California Public Records Act ("CPRA"). Information contained in the documents, or any
other materials associated with the solicitation, pursuant to CA Government Code 6255 during the
negotiation process, may be made public after the City's negotiations are completed, and staff has
agendized the recommendation to the City Council for the award of a contract to a specific
Consultant, but before final action is taken by the City Council to award the contract.
Although the CPRA recognizes that certain confidential trade secret information may be protected
from disclosure, the City may not be in a position to establish that the information submitted in a
proposal is a trade secret. If a request is made for information marked "Confidential," "Trade
Secret," Proprietary," or any other similar designation, the City will provide the Consultant
submitting such information with reasonable notice to allow the Consultant to seek protection from
disclosure by a court of competent jurisdiction.
If a submitting Consultant contends that a portion of the submittal is confidential even under the
CPRA, the firm: 1) must clearly label each document and/or page deemed a confidential document
2) the legal rationale supporting such contention including specific references to applicable
provisions of the CPRA 3) must actively defend against any request for disclosure of information
which the Consultant has determined should not be released, and 4) must indemnify and hold
harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person
challenging the City's refusal to release the documents. The City will not, under any circumstances,
incur any expenses, or be responsible for any damages or losses incurred by a Consultant
submitting a submittal or any other person or entity, because of the release of such information.
The City will not return the original or any copies of the submittal or other information or documents
submitted to the City as part of this Request for SOQ process. Note that the City may NOT
recognize submittals where all of the information, via a blanket statement, is submitted as
proprietary information or a trade secret. Such submittals may be found non -responsive.
INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary
to determine the ability of the Consultant responding to this Request for SOQ to perform the
services and the Firm shall furnish to the City all such information and data for this purpose as the
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City may request. The City reserves the right to reject any SOQ if the evidence submitted by or
investigation of such Firm fails to satisfy the City that such Firm is properly qualified to carry out
the obligations of the Agreement and to complete the services contemplated therein.
LICENSES, PERMITS, FEES, AND ASSESSMENTS: Consultant represents and warrants to City
that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are
legally required to practice its profession and perform the services requested in this Request for
SOQ. Consultant represents and warrants to City that Consultant shall, at its sole cost and
expense, keep in effect at all times during the term of the Agreement, if so awarded, any license,
permit, qualification, or approval that is legally required for Consultant to perform the services under
the Agreement, if so awarded. Consultant shall have the sole obligation to pay for any fees,
assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and
arise from or are necessary for the Consultant's performance of the services required under the
Agreement, if so awarded. Consultants shall indemnify, defend, and hold harmless City against
any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City
to the fullest extent permitted by law.
SOQ TO REMAIN OPEN: Consultants shall guarantee that all contents of their SOQ and cost
proposal shall be valid for a period of 120 calendar days from the due date in this Request for SOQ.
SIGNED SOQ AND EXCEPTIONS: Submission of a signed SOQ will be interpreted to mean that
the Consultant responding to this SOQ has hereby agreed to all the terms and conditions set forth
in all of the sheets which make up this Request for SOQ, and the Agreement (as defined herein) in
Attachment E Exceptions to any of the language in either the Request for SOQ or the Agreement,
including the insurance requirements, must be included in the SOQ and clearly defined. Exceptions
to this Request for SOQ or the Agreement may be considered in the evaluation process; however,
the City makes no guarantee that any exceptions will be approved.
RIGHT TO ACCEPT OR REJECT PROPOSALS: The City reserves the right to waive any
informality or technical defect in an SOQ and to accept or reject, in whole or in part, any or all SOQ
and to cancel all or part of this Request for SOQ and issue a new Request for SOQ, as best serves
the interests of the City. The City furthermore reserves the right to contract separately with others
certain tasks if deemed in the best interest of the City. Issuance of this Request for SOQ and
receipt of SOQ does not commit the City to award a contract.
BUSINESS LICENSE: The selected Consultant will be required to be licensed in accordance with
the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96,
entitled "Business Tax".
INSURANCE: Insurance provisions are contained in the Agreement included in this Request for
SOQ. Successful Consultants will be required to comply with these provisions. It is recommended
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that Consultants have their insurance provider review the insurance provisions BEFORE they
submit their proposal.
FORM OF AGREEMENT: The selected Consultant will be required to enter into a contractual
agreement, inclusive of insurance requirements, with the City in accordance with the standard
Professional Services Agreement for On -Call Services ("Agreement"). Please note that the exhibits
in the Agreement are intentionally not complete. These exhibits will be negotiated with the selected
Consultant, and will appear in the final Agreement executed between the parties.
We specifically draw your attention to the language in sections of the Agreement entitled
"Conflict of Interest" and "Covenants Against Discrimination" and recommend all Consultants
carefully consider these contractual requirements prior to submitting an SOQ. Firms that submit
an SOQ shall certify the following by submitting Attachment "C" as part of its SOQ:
a. Conflict of Interest. Consultant acknowledges that no officer or employee of the City
has or shall have any direct or indirect financial interest in the Agreement nor shall
Consultant enter into any agreement of any kind with any such officer or employee during
the term of the Agreement and for one year thereafter. Consultant warrants that
Consultant has not paid or given, and will not pay or give, any third party any money or
other consideration in exchange for obtaining the Agreement.
b. Covenant Against Discrimination. In connection with its performance under the
Agreement, Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender expression,
physical or mental disability, or medical condition (each a "prohibited basis"). Contractor
shall ensure that applicants are employed, and that employees are treated during their
employment, without regard to any prohibited basis. As a condition precedent to City's
lawful capacity to enter the Agreement, and in executing the Agreement, Contractor
certifies that its actions and omissions hereunder shall not incorporate any discrimination
arising from or related to any prohibited basis in any Contractor activity, including but not
limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship; and further, that
Contractor is in full compliance with the provisions of Palm Springs Municipal Code
Section 7.09.040, including without limitation the provision of benefits, relating to non-
discrimination in city contracting.
Failure or refusal to enter into an Agreement as herein provided or to conform to any of the
stipulated requirements in connection therewith shall be just cause for an annulment of the award.
If the highest ranked Consultant refuses or fails to execute the Agreement, or negotiations are not
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successful, or the Agreement is terminated, the City may, at its sole discretion, enter negotiations
with and award the Contract to the second highest ranked Proposer, and so on.
AWARD OF CONTRACT: It is the City's intent to award a contract to Consultants that can provide
all of the scope of work, equipment and services identified in this Request for SOQ. However, the
City reserves the right to award a contract, or to make no award, whichever is in the best interest
of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City
Council meeting after the evaluation committee has made its final selection of Consultants to be
recommended for award and a contract has been negotiated and put on the agenda for
consideration. The decision of the City Council will be final.
OTHER PUBLIC AGENCY "PIGGYBACK" CLAUSE: It is intended that any other public agency,
at the mutual consent of both parties and consistent with the public agency's policies and
procedures, be permitted to purchase under the terms submitted in the response to this
procurement. Any participating agency shall take sole responsibility for the placing of orders,
arranging for delivery and or services, and making payments to the vendor, contractor, or
consultant. The City will not be liable or responsible for any obligations, including but not limited to
financial responsibility, in connection with the participation by other public agencies.
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ATTACHMENT "A"
SIGNATURE AND ADDENDA ACKNOWLEDGEMENT FORM
1. Name of Company:
Address:
Telephone Number: ( )
Contact Person:
E-Mail:
Tax Identification Number:
2. Type of Firm:
❑ Individual ❑ Partnership ❑ Limited Liability Company
❑ Corporation (State ) ❑ Other (specify)
3. Addenda Acknowledgement:
Acknowledgment of receipt of any addenda issued by the City for this Request for SOQ is
required to be submitted with your SOQ. Failure to acknowledge issued addenda may
result in your SOQ being deemed non -responsive. (If no addenda were issued, leave blank.)
I hereby acknowledge receipt of Addendum(s) Numbers
4. Please check below if you are requesting consideration of the Local Business Preference
Program according to the Palm Springs Municipal Code Section 7.09.030. (Check all that
apply)
hereby request consideration of the Local Business Preference Program
and a copy of current business license for the firm or sub -consultant is/are
included.
5. 1 hereby certify that I have the authority to submit this SOQ to the City of Palm Springs
for the above listed individual or company. I certify that I have the authority to bind
myself/this company in a contract should I be successful in my SOQ.
PRINTED NAME AND TITLE
SIGNATURE AND DATE
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ATTACHMENT "B"
NON -COLLUSION DECLARATION FORM
The undersigned, deposes and says that he, she or they is/are an authorized representative of
the party making the foregoing SOQ.
(name of company)
• That the SOQ is not made in the interests of, or on the behalf of, any undisclosed person,
partnership, company, association, organization, or corporation
• That the SOQ is genuine and not collusive or sham
• That the proposer has not directly or indirectly induced or solicited any other proposer to put
in a false or sham SOQ, and has not directly or indirectly colluded, conspired, connived, or
agreed with any proposer or anyone else to put in a sham SOQ, or that anyone shall refrain
from proposing
• That the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the SOQ price of the proposer or any other
proposer, or to fix any overhead, profit, or cost element of the SOQ price, or of that of any
other proposer, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract
• That all statements contained in the SOQ are true
• That the proposer has not, directly or indirectly, submitted his or her SOQ price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereof,
or paid, and will not pay, any fee to any corporation, partnership, company, association,
organization, proposal depository, or any other member or agent thereof to effectuate a
collusive or sham SOQ.
• Any person executing this declaration on behalf of a bidder that is a corporation, partnership,
joint venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute, this declaration on
behalf of the bidder.
NAME and TITLE of Authorized Representative:
(Print)
Signature and Date of Authorized Representative:
(Sign)
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(Date)
ATTACHMENT "C"
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION
Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or
shall have any direct or indirect financial interest in the Agreement nor shall Consultant enter
into any agreement of any kind with any such officer or employee during the term of the
Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or
given, and will not pay or give, any third party any money or other consideration in exchange
for obtaining the Agreement.
Covenant Against Discrimination. In connection with its performance under the Agreement,
Consultant shall not discriminate against any employee or applicant for employment because
of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin
( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity),
sexual orientation, gender identity, gender expression, physical or mental disability, or medical
condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed,
and that employees are treated during their employment, without regard to any prohibited
basis. As a condition precedent to City's lawful capacity to enter the Agreement, and in
executing the Agreement, Consultant certifies that its actions and omissions hereunder shall
not incorporate any discrimination arising from or related to any prohibited basis in any
Consultant activity, including but not limited to the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship; and further, that
Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section
7.09.040, including without limitation the provision of benefits, relating to non-discrimination in
city contracting.
NAME OF COMPANY:
NAME and TITLE of Authorized Representative:
(Print)
Signature and Date of Authorized Representative:
(Sign)
16
(Date)
OEM IF T.T49201-MAUM I
�� pALM sp4
�yN PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
�l1FORN�P
1.
Name of Entity
2.
Address of Entity (Principle Place of Business)
3.
Local or California Address (if different than #2)
4.
State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? F1 Yes 7 No
5.
Type of Entity
❑ Corporation ❑ Limited Liability Company ❑ Partnership ❑ Trust ❑ Other (please specify)
6.
Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify)
Note: if any response is not a natural person, please identify all officers, directors,
members, managers and other fiduciaries for the member, manager, trust or other
entity
❑ Officer ❑ Director ❑ Member ❑ Manager
[name]
❑ General Partner ❑ Limited Partner
❑ Other
❑ Officer ❑ Director ❑ Member ❑ Manager
[name]
❑ General Partner ❑ Limited Partner
❑ Other
❑ Officer ❑ Director ❑ Member ❑ Manager
[name]
❑ General Partner ❑ Limited Partner
❑ Other
17
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
50% ABC COMPANY, Inc.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Date
Name, Title
l:
PUBLIC INTEGRITY DISCLOSURE FORM
INSTRUCTIONS FOR APPLICANTS
(DO NOT INCLUDE INSTRUCTIONS IN YOUR WORK PROPOSAL)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the
application, and seek a City approval determined by a vote of City officials. Examples include
corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an
approval by one of the City's board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal
government and assists public officials in avoiding conflicts of interest. The City's Public Integrity
Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring
that companies (and other legal entities that are not natural people) doing business in the
community are transparent and make disclosure as to their ownership and management, and
further that those companies disclose the identity of any person, with an ownership interest worth
two thousand dollars ($2,000) or more, who has a material financial relationship with any elected
or appointed voting City official, or with the City Manager or City Attorney.
Note: A material financial relationship is a relationship between someone who is an owner/investor
in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship
includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the
application;
(2) the official has earned income from the owner/investor during the year prior to the filing of
the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the
year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based
upon the owner/investor's interest in the applicant entity, in relation to the application's
outcome.
When Must I File?
You must file this form at the same time when you file your application for a City approval
determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees,
and other fiduciaries serving trusts or other types of organizations (attorneys, accountants,
etc.).
1
Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity
that is not a natural person serves the applicant entity (e.g., as a member of an applicant
LLC), then all officers, directors, members, managers, trustees, etc., of the second entity
must be disclosed).
B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or
more who have a material financial relationship with an elected or appointed City official who
will vote on the applicant's application, or with the City Manager or City Attorney.
PENALTIES
Falsification of information or failure to report information required to be reported may
subject you to administrative action by the City.
20
PUBLIC INTEGRITY DISCLOSURE FORM
SUPPLEMENTAL INSTRUCTIONS AND EXAMPLE
(DO NOT INCLUDE INSTRUCTIONS IN YOUR WORK PROPOSAL)
In an effort to ensure we capture the required business entity information in accordance with the
attached instructions, we provide you these supplementary instructions to clearly identify the
required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it
is also comprised of other business entities as its members or having a financial interest, all other
such business entities must also be disclosed, including those entities other business entities, if
any.
Ultimately, the City's disclosure document requires a listing identifying all natural persons having
any financial interest over 5% of the business entities (and any other business entities comprising
your business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:
John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited
liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is
managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill
Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability
company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest
each.
The full business entity disclosure in this example would resemble four copies of the form
as follows:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe (page 1)
b. Ownership: (page 2)
i. 50% Acme Brothers, LLC, a California limited liability company (since this
is not a natural person fill out another form for this company)
ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company
a. Managers: Acme Brothers 2, Inc., a California corporation (page 1)
b. Ownership: 100% Acme Brothers 2, Inc., a California corporation (page 2) (since
this is not a natural person fill out another form for this company)
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe (page 1)
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
(page 2) (since this is not a natural person fill out another form for this company)
4. Acme Brothers 2, LLC, a California limited liability company
a. Managers: George Doe (page 1)
b. Ownership: (page 2)
i. 50% George Doe
ii. 50% Jane Doe
(since these are all natural persons stop)
If ownership is an Employee Stock Ownership Plan (ESOP) you can stop there.
21
ATTACHMENT "E"
SAMPLE PROFESSIONAL SERVICES AGREEMENT FOR ON -CALL SERVICES
Please review the Request for SOQ and Agreement. If your company would like to request any
modifications to the Agreement or take exception to language in the Request for SOQ, identify all
requested changes or exceptions as Attachment "E" in your SOQ. If you have no requested
changes or exceptions, then identify that in Attachment "E" of your SOQ.
Please note that the exhibits in the attached Agreement are intentionally not complete. These
exhibits will be negotiated with the selected Consultant(s) and will appear in the final Agreement
executed between the parties.
A Sample of the City's Professional Services Agreement for On -Call Services
are on the pages that follow
22
PROFESSIONAL SERVICES AGREEMENT
(PROJECT NAME AND/OR CONSULTANTS NAME)
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement") is entered into, and
effective on , 20_, between the CITY OF PALM SPRINGS, a California
charter city and municipal corporation, ("City") and a ,
("Consultant"). City and Consultant are individually referred to as "Party" and are collectively
referred to as the "Parties".
RECITALS
A. City requires the services of a , for
("Project")
B. Consultant has submitted to City a proposal to provide
to City under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation,
and expertise to provide these services and has agreed to provide such services as provided in
this Agreement.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations,
covenants, and conditions contained herein, and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant agrees to perform the professional services set forth in the Scope of
Services described in Exhibit "A" (the "Services" or "Work"), which is attached and
incorporated herein by this reference. As a material inducement to the City entering into this
Agreement, Consultant represents and warrants that Consultant is a provider of first class work
and professional services and that Consultant is experienced in performing the Work
contemplated and, in light of such status and experience, Consultant covenants that it shall
perform the Work in a competent, professional, and satisfactory manner consistent with the level
of care and skill ordinarily exercised by high quality, experienced and well qualified members of
the profession currently practicing under similar conditions.
1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals;
and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's
Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for
1 Revised: 511120
5 5575. l 8165\32900157.2
Proposals and the Consultant's Proposal, which are both attached as Exhibits "B" and "C",
respectively, are incorporated herein by this reference and are made a part of this Agreement.
The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of
Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the
Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or
inconsistency shall be resolved by applying the provisions in the highest priority document,
which shall be determined in the following order of priority: (1") the provisions of the Scope of
Services (Exhibit "A"); (2"1) the provisions of the City's Request for Proposal (Exhibit "B");
(3`d) the terms of this Agreement; and, (41h) the provisions of the Consultant's Proposal (Exhibit
44U)
1.3 Compliance with Law. Consultant warrants that all Services rendered shall be
performed in accordance with all applicable federal, state, and local laws, statutes, ordinances
lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws
and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants
to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature
that are legally required to practice its profession and perform the Work required by this
Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and
expense, keep in effect at all times during the term of this Agreement, any license, permit,
qualification, or approval that is legally required for Consultant to perform the Work and under
this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are
necessary for the Consultant's performance of the Work required by this Agreement. Consultant
shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes
penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by
law.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that
Consultant (a) has thoroughly investigated and considered the Scope of Services to be
performed, (b) has carefully considered how the Services should be performed, and (c) fully
understands the facilities, difficulties, and restrictions attending performance of the Services
under this Agreement. If the Services involve work upon any site, Consultant warrants that
Consultant has or will investigate the site and is or will be fully acquainted with the conditions
there existing, prior to commencement of any Services. Should the Consultant discover any
latent or unknown conditions that will materially affect the performance of the Services,
Consultant shall immediately inform the City of such fact and shall not proceed except at
Consultant's risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the
Agreement to furnish continuous protection to the Work and the equipment, materials, papers,
documents, plans, studies, and/or other components to prevent losses or damages. Consultant
shall be responsible for all such damages, to persons or property, until acceptance of the Work by
the City, except such losses or damages as may be caused by City's own negligence.
2 Revised: 5/1 /20
5 5575. l 8165\32900157.2
1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Parties agree to act in
good faith to execute all instruments, prepare all documents, and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance
of the Services, without invalidating this Agreement, to order extra work beyond that specified in
the Scope of Services or make changes by altering, adding to, or deducting from such Work. No
such extra work may be undertaken unless a written order is first given by the City to the
Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined
below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved
in writing by the Consultant. Any increase in compensation of up to twenty-five percent (25%)
of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up
to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to
perform any extra work. Any greater increases, occurring either separately or cumulatively,
must be approved by the Palm Springs City Council. It is expressly understood by Consultant
that the provisions of this section shall not apply to the services specifically set forth or
reasonably contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement,
Consultant shall be compensated by City in accordance with the Schedule of Compensation,
which is attached as Exhibit "D" and incorporated herein by this reference. Compensation shall
not exceed the maximum contract amount of [INSERT NOT TO EXCEED CONTRACT
AMOUNT] Dollars, ($ ("Maximum Contract Amount"), except as may be provided
under Section 1.8. The method of compensation shall be as set forth in Exhibit "D."
Compensation for necessary expenditures for reproduction costs, telephone expenses, and
transportation expenses must be approved in advance by the Contract Officer designated under
Section 4.2 and will only be approved if such expenses are also specified in the Schedule of
Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all
project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to
any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts
the risk that the services identified in the Scope of Services may be more costly and/or time-
consuming than Consultant anticipates, that Consultant shall not be entitled to additional
compensation, and that the provisions of Section 1.8 shall not be applicable to the services
identified in the Scope of Services. If the City's Maximum Contract Amount is reached before
the Consultant's Services under this Agreement are completed, Consultant shall complete the
Work and City shall not be liable for payment beyond the Maximum Contract Amount.
2.2. Method of Payment. Unless another method of payment is specified in the
Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive
payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of
the invoice. The invoice shall be in a form approved by the City's Finance Director and must be
submitted no later than the tenth (10) working day of such month. Such requests shall be based
upon the amount and value of the Services performed by Consultant and accompanied by such
3 Revised: 5/1/20
55575.18165\32900157.2
reporting data including an itemized breakdown of all costs incurred and tasks performed during
the period covered by the invoice, as may be required by the City. City shall use reasonable
efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or
as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scone. In the event any change or changes in the Scope of Services
is requested by City, Parties shall execute a written amendment to this Agreement, specifying all
proposed amendments, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents, work product, or
work, when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
2.4 Annronriations. This Agreement is subject to and contingent upon funds being
appropriated by the City Council for each fiscal year covered by the Agreement. If such
appropriations are not made, this Agreement shall automatically terminate without penalty to the
City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition
of this Agreement. Consultant shall prosecute regularly and diligently the Work of this
Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"),
incorporated herein by this reference. Neither Party shall be accountable for delays in
performance caused by any condition beyond the reasonable control and without the fault or
negligence of the non -performing Party. Delays shall not entitle Consultant to any additional
compensation regardless of the Party responsible for the delay.
3.2 Schedule of Performance. Consultant shall commence the Services under this
Agreement upon receipt of a written notice to proceed and shall perform all Services within the
time period(s) established in the Schedule of Performance. When requested by Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180)
days cumulatively; however, the City shall not be obligated to grant such an extension.
3.3 Force Maieure. The time for performance of Services to be rendered under this
Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant
notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure
Event. A Force Majeure Event shall mean an event that materially affects the Consultant's
performance and is one or more of the following: (1) Acts of God or other natural disasters
occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required for the Work);
4 Revised: 5/1/20
5 5575.18165\32900157.2
and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of
governmental authorities," includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of the City in its capacity as a
municipal authority. After Consultant notification, the Contract Officer shall investigate the
facts and the extent of any necessary delay, and extend the time for performing the Services for
the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is
justified. The Contract Officer's determination shall be final and conclusive upon the Parties to
this Agreement. The Consultant will not receive an adjustment to the contract price or any other
compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 4.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of
(weeks/months), commencing on , 201_, and ending on ,
202_, unless extended by mutual written agreement of the Parties. However, the term shall not
exceed three (3) years from the commencement date, except as otherwise provided in the
Schedule of Performance described in Section 3.2 above.
3.5 Termination Prior to Expiration of Term. City may terminate this Agreement
at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where
termination is due to the fault of Consultant and constitutes an immediate danger to health,
safety, and general welfare, the period of notice shall be such shorter time as may be determined
by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all
Services except such as may be specifically approved by the Contract Officer. Consultant shall
be entitled to compensation for all Services rendered prior to receipt of the notice of termination
and for any Services authorized by the Contract Officer after such notice. City shall not be liable
for any costs other than the charges or portions thereof which are specified herein. Consultant
shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or
compensation for termination of Work. Consultant may not terminate this Agreement except for
cause, upon thirty (30) days written notice to City.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act in its behalf
and make all decisions with respect to the Services to be performed under this Agreement:
[INSERT NAME], [INSERT TITLE]. It is expressly
understood that the experience, knowledge, education, capability, expertise, and reputation of the
foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principal shall be responsible during the term of this Agreement for directing all
activities of Consultant and devoting sufficient time to personally supervise the Services
performed hereunder. The foregoing principal may not be changed by Consultant without prior
written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer
5 Revised: 5/1/20
55575.18165\32900157.2
fully informed of the progress of the performance of the Services. Consultant shall refer any
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Consultant shall not
contract with any other individual or entity to perform any Services required under this
Agreement without the City's express written approval. In addition, neither this Agreement nor
any interest may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City. Subcontracts, if any, shall contain a provisions making them subject to
all provisions stipulated in this Agreement including without limitation the insurance and
indemnification requirements. If Consultant is permitted to subcontract any part of this
Agreement by City, Consultant shall be responsible to City for the acts and omissions of its
subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained
in this Agreement shall create any contractual relationships between any subConsultant and City.
All persons engaged in the Work will be considered employees of Consultant. City will deal
directly with and will make all payments to Consultant. In addition, neither this Agreement nor
any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written consent of City. Transfers restricted in this Agreement shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any
surety of Consultant from any liability under this Agreement without the express written consent
of City.
4.4 Independent Consultant. The legal relationship between the Parties is that of an
independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its officers,
employees, and agents shall act in an independent capacity and shall not act or represent
themselves as City officers or employees. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction
and control. Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of its officers, employees, or agents, except as set forth in this
Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any
other type of fixed business location at City's offices. City shall have no voice in the selection,
discharge, supervision, or control of Consultant's employees, servants, representatives, or agents,
or in fixing their number, compensation, or hours of service. Consultant shall pay all wages,
salaries, and other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them. including but not limited to social
security income tax withholding, unemployment compensation, workers' compensation, and
other similar matters. City shall not in any way or for any purpose be deemed to be a partner of
Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with
Consultant.
6 Revised: 5/1/20
5 557 5.18165\32900 l 5 7 2
B. Consultant shall not have any authority to bind City in any manner. This
includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant, its officers, employees,
or agents in connection with any performance under this Agreement. Except for professional
fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or
other compensation to Consultant for the performance of Services under this Agreement. City
shall not be liable for compensation or indemnification to Consultant, its officers, employees, or
agents, for injury or sickness arising out of performing Services. If for any reason any court or
governmental agency determines that the City has financial obligations, other than under Section
2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of
Consultant's officers, employees, servants, representatives, subConsultants, or agents, Consultant
shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain "public works" and "maintenance" projects
("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction,
alteration, demolition, installation, or repair, Consultant agrees to fully comply with such
Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials,
officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or
interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It
shall be mandatory upon the Consultant and all subcontractors to comply with all California
Labor Code provisions, which include but are not limited to prevailing wages (Labor Code
Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5),
certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code
Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section
1777.1).
B. If the Services are being performed as part of an applicable "public works"
or "maintenance" project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such
Services must be registered with the Department of Industrial Relations. Consultant shall
maintain registration for the duration of the Project and require the same of any subcontractors,
as applicable. This Agreement may also be subject to compliance monitoring and enforcement
by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply
with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and
7 Revised: 5/1/20
55575.18 l 65\32900157.2
expense, the insurance described herein. The insurance shall be for the duration of this
Agreement and includes any extensions, unless otherwise specified in this Agreement. The
insurance shall be procured in a form and content satisfactory to City. The insurance shall apply
against claims which may arise from the Consultant's performance of Work under this
Agreement, including Consultant's agents, representatives, or employees. In the event the City
Manager determines that the Work or Services to be performed under this Agreement creates an
increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of
the insurance policies may be changed accordingly upon receipt of written notice from the City
Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best
rating drops below the levels specified in this Agreement. Except as otherwise authorized below
for professional liability (errors and omissions) insurance, all insurance provided under this
Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be
as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in
full force and effect throughout the term of this Agreement, standard industry form professional
liability (errors and omissions) insurance coverage in an amount of not less than one million
dollars ($1,000,000.00) per occurrence and two -million dollars ($2,000,000.00) annual
aggregate, in accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that
Consultant is unaware of any professional liability claims made against Consultant and is
unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant
does not provide the certification under (a), Consultant shall procure from the professional
liability insurer an endorsement providing that the required limits of the policy shall apply
separately to claims arising from errors and omissions in the rendition of services under this
Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the
policy shall be continued in full force and effect at all times during the term of this Agreement,
and for a period of three (3) years from the date of the completion of the Services provided
hereunder. In the event of termination of the policy during this period, Consultant shall obtain
continuing insurance coverage for the prior acts or omissions of Consultant during the course of
performing Services under the terms of this Agreement. The coverage shall be evidenced by
either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail"
coverage with the present or new carrier or other insurance arrangements providing for complete
coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence"
basis, the policy shall be continued in full force and effect during the term of this Agreement, or
until completion of the Services provided for in this Agreement, whichever is later. In the event
of termination of the policy during this period, new coverage shall immediately be obtained to
ensure coverage during the entire course of performing the Services under the terms of this
Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain,
8 Revised: 511/20
55575.18165\32900157.2
in full force and effect throughout the term of this Agreement, workers' compensation insurance
in at least the minimum statutory amounts, and in compliance with all other statutory
requirements, as required by the State of California. Consultant agrees to waive and obtain
endorsements from its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City and to require each of its
subConsultants, if any, to do likewise under their workers' compensation insurance policies. If
Consultant has no employees, Consultant shall complete the City's Request for Waiver of
Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit of at
least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general
aggregate for bodily injury and property damage including coverages for contractual liability,
personal injury, independent Consultants, broad form property damage, products and completed
operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount of
one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include
coverage for owned, non -owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of employer liability
insurance written on a per occurrence basis with a policy limit of at least one million dollars
($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured
retentions must be declared to and approved by the City Manager or his/her designee prior to
commencing any work or services under this Agreement. Consultant guarantees payment of all
deductibles and self -insured retentions. City reserves the right to reject deductibles or self -
insured retentions in excess of $10,000, and the City Manager or his/her designee may require
evidence of pending claims and claims history as well as evidence of Consultant's ability to pay
claims for all deductible amounts and self -insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the
insurance policies required of Consultant under this Agreement:
A. For any claims related to this Agreement, Consultant's coverage shall be
primary insurance with respect to the City and its officers, council members, officials,
employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and
its officers, council members, officials, employees, agents, and volunteers shall be in excess of
Consultant's insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies,
9 Revised: 5/1 /20
5 5575.18165\3290015 7.2
including breaches of warranties, shall not affect coverage provided to City and its officers,
council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to each insured, including additional insureds,
against whom a claim is made or suit is brought to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its operations shall
limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement
which substantially impairs the coverages set forth in this Agreement (e.g., elimination of
contractual liability or reduction of discovery period), unless the endorsement has first been
submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements
to delete any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being
required) to comply with the requirements of the endorsements. Certificates of insurance will
not be accepted in lieu of required endorsements, and submittal of certificates without required
endorsements may delay commencement of the Project. It is Consultant's obligation to ensure
timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subConsultants, and any other parties
involved with the Project who are brought onto or involved in the Project by Consultant, provide
the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Consultant agrees that upon
request, all agreements with subConsultants and others engaged in the Project will be submitted
to the City for review.
G. Consultant acknowledges and agrees that any actual or alleged failure on
the part of the City to inform Consultant of non-compliance with any insurance requirement in
no way imposes any additional obligations on the City nor does it waive any rights in this or any
other regard.
H. Consultant shall provide proof that policies of insurance required in this
Agreement, expiring during the term of this Agreement, have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to
the renewing or new coverage shall be provided to City no later than ten (10) days prior to
expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits contained
in this section are not intended as limitations on coverage, limits, or other requirements, or as a
zD
waiver of any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue, and is not
10 Revised: 5/1/20
55575.18165\32900157.2
intended by any party or insured to be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts with or
impair the provisions of this section.
K. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the Work performed under this Agreement and for any other
claim or loss which may reduce the insurance available to pay claims arising out of this
Agreement. City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to
reduce or dilute insurance available for payment of potential claims.
L. Consultant agrees that the provisions of this section shall not be construed
as limiting in any way the extent to which the Consultant may be held responsible for the
payment of damages resulting from the Consultant's activities or the activities of any person or
person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class
VII, or better, unless such requirements are waived in writing by the City Manager or his
designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured... " ("as respects City of Palm Springs Contract No." or 'for any and all
workperformed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No. It
or 'for any
and all workperformed with the City" may be included in this statement).
I I Revised: 5/1/20
55575.18165\329001572
C. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
D. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies. All certificates of insurance and endorsements are to be
received and approved by the City before work commences. All certificates of insurance must
be authorized by a person with authority to bind coverage. whether that is the authorized
agent/broker or insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Consultant's obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by
law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and
hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively
the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims,
demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including
but not limited to Claims arising from injuries to or death of persons (Consultant's employees
included), for damage to property, including property owned by City, for any violation of any
federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident
to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers,
employees, representatives, and agents, that arise out of or relate to Consultant's performance of
Services or this Agreement. This indemnification clause excludes Claims arising from the sole
negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the
insurance requirements and limits set forth in this Agreement be construed to limit Consultant's
indemnification obligation or other liability under this Agreement. Consultant's indemnification
obligation shall survive the expiration or earlier termination of this Agreement until all actions
against the Indemnified Parties for such matters indemnified are fully and finally barred by the
applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Professional Services Indemnification and Reimbursement. If
Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's
performance as a "design professional" (as that term is defined under Civil Code section 2782.8),
then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated
herein, Consultant's indemnification obligation shall be limited to the extent which the Claims
arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining
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5 5575. l 8165\32900157.2
a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim,
including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed
accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the
Services required by this Agreement and to enable the Contract Officer to evaluate the
performance of such Services. The Contract Officer shall have full and free access to such books
and records at all reasonable times, including the right to inspect, copy, audit, and make records
and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services required by this Agreement, or as the
Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about
the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees
that Consultant shall promptly notify the Contract Officer the estimated increased or decreased
cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the Services. If Consultant is providing design
services, Consultant shall promptly notify the Contract Officer the estimated increased or
decreased cost for the project being designed if Consultant becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or decrease the cost of
the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared by
Consultant, its employees, subConsultants, and agents in the performance of this Agreement
shall be the property of City and shall be promptly delivered to City upon request of the Contract
Officer or upon the termination of this Agreement. Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials. Any use of such completed documents for other
projects and/or use of incomplete documents without specific written authorization by the
Consultant will be at the City's sole risk and without liability to Consultant, and the City shall
indemnify the Consultant for all resulting damages. Consultant may retain copies of such
documents for their own use. Consultant shall have an unrestricted right to use the concepts
embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide
for assignment to City of any documents or materials prepared by them. In the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of Services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer. All information gained by Consultant in the performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior written
authorization.
13 Revised: 5/1 /20
55575.18165\32900157.2
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Consultant shall provide City, or other agents of City, such
access to Consultant's books, records, payroll documents, and facilities as City deems necessary
to examine, copy, audit, and inspect all accounting books, records, work data, documents, and
activities directly related to Consultant's performance under this Agreement. Consultant shall
maintain such books, records, data, and documents in accordance with generally accepted
accounting principles and shall clearly identify and make such items readily accessible to such
parties during the term of this Agreement and for a period of three (3) years from the date of
final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted
both as to validity and as to performance of the Parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such County, and Consultant covenants and agrees
to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and shall
not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Consultant. Consultant's failure to comply with any provision of this
Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she shall
notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer
period as City may designate, to cure the default by rendering satisfactory performance. In the
event Consultant fails to cure its default within such period of time, City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice of any remedy to which City may be entitled at law, in
equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by
City as a result of such default. Compliance with the provisions of this section shall not
constitute a waiver of any City right to take legal action in the event that the dispute is not cured,
provided that nothing shall limit City's right to terminate this Agreement without cause under
Section 3.5.
B. If termination is due to the failure of the Consultant to fulfill its
obligations under this Agreement, City may, after compliance with the provisions of Section
14 Revised: 511/20
55575.18165\32900157.2
8.3A, take over the work and prosecute the same to completion by contract or otherwise. The
Consultant shall be liable to the extent that the total cost for completion of the Services required
hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable
efforts to mitigate such damages). The City may withhold any payments to the Consultant for
the purpose of set-off or partial payment of the amounts owed the City as previously stated. The
withholding or failure to withhold payments to Consultant shall not limit Consultant's liability
for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless
in writing and signed by a duly authorized representative of the Party against whom enforcement
of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant,
condition, or term contained in this Agreement, shall not be construed to be a waiver of any
subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and
complete compliance with any of the covenants, conditions, or terms contained in this
Agreement be construed as changing the terms of this Agreement in any manner or preventing
the Parties from enforcing the full provisions.
8.5 Riahts and Remedies Cumulative. 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.
8.6 Leeal Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be
entitled, in addition to such other relief as may be granted, to recover from the non -prevailing
Party all reasonable costs and expenses. These include but are not limited to reasonable attorney
fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or
in collection of any judgment entered in such proceeding. To the extent authorized by law, in the
event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding
within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be
the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non -liability of City Officers and Emnloyees. No officer or employee of the
City shall be personally liable to the Consultant, 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 Consultant or to
its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the
15 Revised: 5/1 /20
5 5575.18165\3 2900157.2
City has or shall have any direct or indirect financial interest in this Agreement nor shall
Consultant enter into any agreement of any kind with any such officer or employee during the
term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has
not paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under
this Agreement, Consultant shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or
mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that
applicants are employed, and that employees are treated during their employment, without regard
to any prohibited basis. As a condition precedent to City's lawful capacity to enter this
Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions
hereunder shall not incorporate any discrimination arising from or related to any prohibited basis
in any Consultant activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship; and further,
that Consultant is in full compliance with the provisions of Palm Springs Municipal Code
Section 7.09.040, including without limitation the provision of benefits, relating to non-
discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under
law, and in lieu of any other warranty by City or Consultant against patent or copyright
infringement, statutory or otherwise:
A. It is agreed that Consultant shall defend at its expense any claim or suit
against City on account of any allegation that any item furnished under this Agreement, or the
normal use or sale arising out of the performance of this Agreement, infringes upon any
presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages
finally awarded in any such suit or claim, provided that Consultant is promptly notified in
writing of the suit or claim and given authority, information and assistance at Consultant's
expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is
related to the negligence, recklessness or willful misconduct of Consultant. However,
Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a
deliverable, such that City's alteration of such deliverable created the infringement upon any
presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination
with other material not provided by Consultant when it is such use in combination which
infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit
and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or
claim, provided, however, that such defense shall be at Consultant's expense. Consultant shall
16 Revised: 5/1 /20
55575.18165\32900157.2
not be obligated to indemnify City under any settlement that is made without Consultant's
consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as
a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to
use and sell the item, or shall substitute an equivalent item acceptable to City and extend this
patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that
either party desires, or is required to give to the other party or any other person shall be in
writing. All notices shall be personally delivered, sent by pre -paid First Class U.S. Mail,
registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by
facsimile with attached evidence of completed transmission. All notices shall be deemed
received upon the earlier of (i) the date of delivery to the address of the person to receive such
notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days
after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by
facsimile. Any notice, request, demand, direction, or other communication sent by facsimile
must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of
electronic transmission such as e-mails, text messages, and instant messages are not acceptable
manners of notice required hereunder. Notices or other communications shall be addressed as
follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant:
Attention:
Telephone:
Facsimile:
10.3 Integrated Agreement. This Agreement constitutes the entire understanding
between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements,
representations, and understandings, if any, made by or among the Parties with respect to the
subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. If any provision
of this Agreement shall be determined to be invalid by a final judgment or decree of a court of
competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition
or invalidity, without invalidating the reminder of that provision, or the remaining provisions of
17 Revised: 5/1l20
5 5575.18165\32900157.2
this Agreement unless the invalid provision is so material that its invalidity deprives either Party
of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third -party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above -referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i)
the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he
or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which
he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing
is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other Agreement to which the Party for which he or she is
signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
[SIGNATURES ON NEXT PAGE]
18 Revised: 5/1/20
5 5575. l 8165\32900157.2
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN
THE CITY OF PALM SPRINGS AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
below.
Date:
APPROVED AS TO FORM:
Jeffrey S. Ballinger,
City Attorney
APPROVED BY CITY COUNCIL:
Date: Agreement No.
"CITY"
City of Palm Springs
By:
David H. Ready, PhD
City Manager
ATTEST
Anthony Mejia,
City Clerk
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The
second signature must be from the Secretary, Assistant Secretary. Treasurer, Assistant Treasurer, or Chief Financial Officer.
CONSULTANT NAME:
Address
By
Signature (Notarized)
Check one Individual Partnership Corporation
By
Signature (Notarized)
19 Revised: 5/1 /20
55575.18165\32900157 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 7189
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A ratuy public or other officer canspAMjiV *is certfCate vefifisa artly the identity of the HdlYrde3l w1t* a4ted the
docurnern to which this comficsie in smwhed, and not the trUt dift a. acmff3 )( or vabdity of that dowTwTi.
Slate of Cabfarma
County of
On before me,
Date
pe—rkally opposred
Here fruit Name and Titfe of the Officer
Names) of ftrner(s)
who proved to me on the llamas of satisfactory evndera:e to be the persona) whose name(s) is/are
subambed to the vidhin mcibument and acknowledged to rns thst he/shefthey executed the same in
hkAerltheir authorized capacity(ms), and that by hWheritheir signature(a) on the instrument the person(s).
or the entity upon behalf of which the person(b) acted, executed the instrument_
t certify under PENALTY OF PERJURY under the awns
of the State of Ca6fomis that the foregoing paragraph
is true and correct..
9YJLMF _ S my hand srd official seal_
Sigma
Signature of hfotwy PubFx:
Place No&W Seat Above
OPAONAL
Though rims section is optional, compbting this Whr" stion can deter aftermbon of rite document or
ffaudMent restbschment of this form to an unintended document.
Description of Attacked Doctunant
TrM ar Typa of Document
Document Date:
Number of Pages: Signer(s) Other Than Named Above:
COPacity{ea) CAautred by Signer(a)
Signers Name:
❑ Corporate Officer — Tdls(s):
❑ Partner — ❑ Limited ❑ Genersl
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other_
Signer Is Representing:
Signer s Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fad
❑ Trustee ❑ Guardian or Conservator
❑ Other_
Signer Is Repreaerding:
C2014 Nabon W Notary Assocwbm • wwwNu ionaiNolary_org • 1-800df3 NOTARY (I-800-876-8B27) item &59(Y7
20 Revised: 5/l/20
55575.18165+32900157 2
EXHIBIT "A"
SCOPE OF SERVICES
21 Revised: 5/1/20
55575.18165\32900157.2
EXHIBIT "B"
CITY'S REQUEST FOR PROPOSALS
22 Revised: 5/1/20
5 5575.18165\3290015 7.2
EXHIBIT "C"
CONSULTANT'S PROPOSAL
23 Revised: 5/1/20
55375.18165\32900157 2
EXHIBIT "D"
SCHEDULE OF COMPENSATION
24 Revised: 511/20
55575.18165;32900157.2
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
25 Revised: 5/l/20
55575.18165\32900157.2
SOQ #08-21
CI ON -CALL ARCHITECTURAL SERVICES
Y. , r.✓:` ADDENDUM NO. 1
This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q1: How many teams does the City anticipating adding to the on -call list?
Al: The prior On -Call Architectural Services SOQ there were 4 architecture firms
selected for on -call services.
Q 2: Can you share an expected or estimated maximum or minimum contract value per
agreement? For example, the City of Newport Beach just issued an on -call RFQ for a
five year period with a maximum contract value of $400,000.
A 2: Our On -Call Architectural Services will not be set up with a minimum or
maximum contract value. The background of the Request for SOQs explains that
the City owns everything from the Airport and a Convention Center down to
smaller public buildings. Task orders approved for an on -call firm can be as small
as providing a feasibility study for a renovation to something large like new
construction on an empty lot.
Q 3: Regarding the City's on call RFSOQ, it does appear that it is just for building architects
but just wanted to make sure since the IMS report does mention other disciplines and
page 6 lists water conservation, drought tolerant planting and smart technologies etc.
Is this an On -call for Architects only or is it open for other disciplines as well?
A 3: Pursuant to the first line of the Request for SOQ on page 2, the City of Palm
Springs is seeking qualified architects to provide on -call architectural services to
the City. Architects will generally supplement their team with sub -consultants that
may have certain expertise, they will show this as described in the Firm and Staff
Qualifications section of the RFSOQ on page 5.
Q 4: Which pages from exhibit "E" shall be inserted into our response? Entire contract? Or
just a statement acknowledging Exhibit E?
A 4: On page 22 of the SOQ, the first paragraph states, "Please review the Request for
SOQ and Agreement. If your company would like to request any modifications to
the Agreement or take exception to language in the Request for SOQ, identify all
requested changes or exceptions as Attachment "E" in your SOQ. If you have no
requested changes or exceptions, then identify that in Attachment "E" of your
SOQ.
Q 5: Exhibits "A" through "D" are located on pages 14 - 18, but similarly there are Exhibits
"A" through "E" on pages 43-47 of the SOO at the end of the Master Agreement. Should
we insert both into our response as they differ from one another? Please clarify.
A 5: Pages 14-18 are marked "Attachments" which are required submittals with your
SOQ. Pages 43-47 are marked "Exhibits". These are exhibits only to the contract
services agreement. Per the SOQ document, please refer to page 22, second
paragraph states that "Please note the exhibits in the attached Agreement are
intentionally not complete. These exhibits will be negotiated with the selected
Consultant(s) and will appear in the final Agreement executed between the
parties."
Q 6: Do you require examples and resumes from possible sub consultants? The structure of
the last paragraph in "firm and staff qualification" on page 5 seems to suggest that we
need only list them as part of an organizational chart. Please clarify.
A 6: Resumes can be included but are not required for anyone on your team. We have
received proposals in the past with no resumes and some with resumes for every
single person including subs. Whatever you feel best demonstrates the abilities
of your team members should be included in your proposal.
Q 7: If you do require full references from our proposed sub consultant team may we add
them as an appendix as this would constitute more pages than is allowable?
A 7: Full references of your subs can be included but are not required. Any information
included in addition to the 30 allowed pages will not be scored.
Q 8: Where will the Addenda be posted?
A 8: All addendums will be posted on the City's website on the Procurement &
Contracting page under "Open Bids & Proposals".
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 2, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum 1 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOQ
being deemed non -responsive.
JF S-
y SOQ #08-21
ON -CALL ARCHITECTURAL SERVICES
ADDENDUM NO. 2
This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q1: Regarding Section 4. Reference Project, is the second set of bullets (beginning with
"Responsiveness and attentiveness to client needs") meant to be in support of the
reference project specifically, or can these topics address our firm's work/experience
more generally?
A1: it is meant to be specific to the chosen reference project.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 10, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum 2 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOQ
being deemed non -responsive.
r'
SOQ #08-21
ON -CALL ARCHITECTURAL SERVICES
ADDENDUM NO. 3
This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: Are there minimum inclusivity thresholds to attain across the consultant team? If so, how
is this factored into the scoring?
A 1: No there are no inclusivity thresholds.
Q 2: If some, but not all, of the consultants on a team meet the criteria of a local business,
does that mean the team would only get partial points, or would they get the full 5 points?
A 2: As per the SOQ document on page 6-7 "Pursuant to Palm Springs Municipal Code
Section 7.09.030 Local Business Preference Program, the Local Preference in Services
does apply. In order for a local business to be eligible to claim the local preference, the
local business must request the consideration of the local preference program (see
Attachment A) in this section of the SOQ and provide a copy of its current business
license from a jurisdiction in the Coachella Valley showing the address of the business is
located in the Coachella Valley".
"Local business" means a vendor, contractor, or consultant who has a valid physical
business address located within the Coachella Valley, at least six months prior to bid or
proposal opening date, from which the vendor, contractor, or consultant operates or
performs business on a day-to-day basis, and holds a valid business license by a
jurisdiction located in the Coachella Valley. Post office boxes are not verifiable and shall
not be used for the purpose of establishing such physical address.
"Coachella Valley" means the area between the Salton Sea on the south, the San Jacinto
and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the
east and north. For the purposes of this definition, "Coachella Valley" includes the cities
of Beaumont and Banning and the unincorporated areas between Banning and the City
of Palm Springs.
Q 3: Will the questions from and answers to other teams' clarifications be shared with all
teams?
A 3: All questions received will be answered and published in addenda's and made
public to all interested vendors.
Q 4: Which Attachment(s) are required to be completed by Sub -Consultants, if any?
A 1: None of the attachments are required to be completed by the sub -consultants.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 16, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum 3 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOQ
being deemed non -responsive.
2
C
x SOQ #08-21
- { i ON -CALL ARCHITECTURAL SERVICES
ADDENDUM NO. 4
This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: Who are the architecture firms that are on the City's current Architecture On -Call?
A 1: Interactive Design Corporation, James Cioffi Architect, M. Arthur Gensler &
Associates, Uruutia AIA & Associates (now Uruttia Marks Architects)
Q 2: Does the scope of work include attending any commission hearings outside of those
required for projects which we are contracted for?
A 2: The scope of work only includes meetings for which you are contracted to
complete.
Q 3: What is the general scale of projects? (Small = ADA improvements / Medium = Historic
Preservation or Space Planning / Large = Full Remodel or New Construction)
A 3: This scope of work will cover small, medium and large projects.
Q 4: Which department / Staff person will be the main point of contact for project
coordination?
A 4: The Engineering Division will be the main point of contact for this contract. Each
individual project will have a project manager from the Engineering Division
assigned. Projects will be distributed amongst the staff by the City Engineer or
his/her designee.
Q 5: Will the city assign their own 'project manager' for each respective project?
A 5: The City Engineer or his/her designee, will assign a staff person as the City's
project manager for each task that will be assigned to on -call architects.
Q 6: Would our firm + team members be precluded from other/future opportunities?
A 6: If selected to be an on -call architecture firm for the City and subsequently the City
puts out a Request for Proposals on a separate project (usually high profile like a
new Main Library), your firm will still be allowed to submit proposals on the stand
alone project.
Q 7: If a consultant is non -local, but their executive architect (sub -consultant) is a Coachella
Valley -certified business, can you confirm that the full 5 points will be awarded? If not,
how will it be applied?
A 7: Per the language in the SOQ, five (5) points will be awarded to a consultant that
requests consideration of the local business preference and qualifies as a local
business. A consultant that does not meet the definition of "local business" in
the SOQ will not be awarded any points. For example, a consultant that does not
operate or perform business on a day to day basis within the Coachella Valley
would not be eligible for consideration of the local business preference, even if
they employ a sub -consultant that meets the definition of a local business.
Q 8: Can the 30-page 8.5x11 presentation be horizontally formatted for better full -screen
viewing, given that it is a digital submission?
A 8: Yes, your response file can be submitted in portrait or landscape orientation.
Q 9: Can more than one Reference Project be submitted if a team includes sub -consultants
with significant on -call municipal experience?
A 9: To compare proposals, the one reference project will be used for scoring.
However you can provide reference projects in other parts of the proposal to
demonstrate the abilities of your company and team.
Q 10: Does the submittal of Attachment "E" in the proposers' SOQs also include the entire
text of the Sample Professional Services Agreement for On -Call Services even if we
have either no requested modifications or requested modifications that we can either
describe on the Attachment "E" sheet (page 22 of the Request for SOQ) or just attach
the sheets of the Sample Agreement on which we may mark such requested
modifications?
A 10: Submit only the pages with your exceptions to the language and your
requested modifications in order to keep pages to a minimum. If you have no
requested changes or exceptions, then identify that in Attachment "E" of your
SOQ.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
IP 10
Procurement & Contracting Manager, Acting
DATE: March 18, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum 4 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOQ
being deemed non -responsive.
EXHIBIT "C"
CONSULTANT'S PROPOSAL
Rev. 5/1 /20
53375 18165'•32900159 2
IVA
STATEMENT OF QUALIFICATIONS FOR ARCHITECTURAL SERVICES
City of Palm Springs Request for Statement of Qualifications #08-21
Firm and Staff Qualifications
Urrutia Marks Architects is the result of a merger in 2016 between Urrutia Architects
(founded in the Coachella Valley in 1973) and Marks Architects (founded 2001).
mc3rks urrutica
architoCtS nncArks
sbaletati .:- .,;,g C�s92103
(619) 702-9448 a r c h i t e c t s
)19o5knYtI1 pF. l c�D22f0 165N borgDS�,>- "i! CL.922b2
(760) 610-5264 (760) 327.6800
Since Francisco J. Urrutia FARA established our firm in 1973, we have provided
among the highest caliber professional Architect's services offered in Riverside
County and all over southern California. Our project history includes the successful
execution of:
• Hundreds of projects under the jurisdiction of the Office of Statewide Health
Planning and Development (OSHPD);
• Many school projects under the review and responsibility of the Division of
the State Architect;
• Municipal and County projects including extensive renovation projects;
• Tenant Improvements and new construction for SunLine Transit Agency and
Valley Sanitary District; and
• Countless private projects with highly critical owners.
Architects and Engineers establish their qualifications for a given project through
experience executing and completing actual projects similar in nature to the new
project. Below, we feature our team and our qualifications through key personnel
and past performance on actual projects. These projects are for real clients similar
to the public service nature of the City of Palm Springs, including municipal and
county government services and operations.
The quality of those experiences is demonstrated in the satisfaction of our clients
and the performance of the buildings and spaces they use or occupy. A true
indicator of satisfied clients is when they come back and ask again and again for
our services.
pAUH "'
Statement of Qualifications for Architectural Services �:yN
City of Palm Springs SOQ#08-21
�
March 24, 2021
O �4 l/FORN�p
Between Urrutia Marks Architects in Palm Springs and our parent firm Marks
Architects in San Diego, we have the collaborative power of a much larger firm.
The composite team includes three California licensed architects and senior
project managers with dozens of years of experience each.
Marls Architects, Inc.
Organizational Chart
Daniel Maras
Archife dPresidenfdbwrner
Marks Arcl&&, Inc.
Gabnela Marks
ArcFritedrllice I'resittent
Merits Ads
Sr. Project Managers
Architects, Tramming
CAD Technicians
i� W III r
YY Yi �..• i• r r r
David
Clarke W
1
. o (J 1
!I
0I
I
t Sr. Project
ManagersZ I
1
l
�1
'CAD Q I
Technicuns
1
a- 1
Design & Engineering
Subconsultants
Civil Engineer
Landscape Architect
Stnztural Engineer
Mechanical Engineer
Electrical Engineer
Plumbing Engineer
Fire Protection Engineer
Radha#iwi Physicist
Cost Estimator
Specialty Cvnsultmts
The Palm Springs office, which will be executing the projects for the City of
Palm Springs under the awarded on -call contract, includes:
1 California Licensed Architect (31 years licensed in California),
David W. Clarke, Principal Architect/Vice President
2 Senior Project Managers, Marina Acosta and Jose Lopez; and
1 Architect -in -Training, Hector Castro.
F1
QPiMS,
Statement of Qualifications for Architectural Services''
City of Palm Springs SOQ#08-21
March 24, 2021
' c~
4��i:oaN`P.
Firm Experience in the Various Processes, Approvals, and Procedures Associated
with Providing such Services for a Public Agency
Urrutia Marks Architects is engaged by multiple municipal, county and utility
agencies for public work in on -call task orders or separate contracts at any given
time accounting for about 70% of our total workload. We also have executed
over 100 OSHPD medical projects which are not shown to maintain brevity.
REPRESENTATIVE PROJECTS FOR PUBLIC AGENCIES WITHIN THE LAST FIVE (5) YEARS
County of San Bernardino
Cucamonga-Guasti Regional Park Pool Waterproofing & Upgrades, Ontario, CA Services Contract Fee: $52,500.00
2020 $400,000 Design, Construction Documents, Bidding Support, Construction Administration
Glen Helen Regional Park Waterslide Refurbishing San Bernardino, CA Services Contract Fee: $41,900.00
2020 $221,400 Existing Conditions Analysis, Structural Report, Bidding Coordination, Final Punch List
Glen Helen Regional Park Waterslide Replacement, San Bernardino, CA Services Contract Fee: $26.900.00
in progress $400,000 Vendor Proposal Analysis, Structural Report, Bidding Coordination, Final Punch List
Yucaipa Regional Park Pool Repairs, Yucaipa, CA Services Contract Fee: $41,900.00
in progress $221,400 Existing Conditions Analysis, Structural Report, Bidding Coordination, Final Punch List
County Data Center Fire Suppression Upgrades, San Bernardino, CA Services Contract Fee: $36,900.00
2020 $1,000,000 Existing Conditions Analysis, Leak Seal Construction Documents: Construction Phase Review
SunLine Transit Agency
Office Tenant Improvements, Indio, CA Services Contract Fee: $33,951.70
2020 $435,800 Design, Construction Documents, Bidding Support, Final Punch List
Center of Excellence in Zero Emissions Technology, Thousand Palms, CA Services Contract Fee: $252.000.00
in progress $2,300.000 Design, Construction Documents, Bidding Support, Final Punch List
City of Palm Springs
Sunrise Park Restrooms, Palm Springs, CA Services Contract Fee: $23,500.00
in progress $250,000 Design, Construction Documents, Bidding Support, Construction Administration
Police Department Renovations:, Palm Springs, CA Services Contract Fee: $109,000.00
2019 $3,100,000 Design, Construction Documents, Bidding Support, Construction Administration
The Park - Downtown Palm Spri�gr s Park, Palm Springs, CA Services Contract Fee: $396,575.00
2015 - Feasibility Study, Design & Engineering, Public Presentations
Valley Sanitary District
Camort Structures, Indio. CA Services Contract Fee: $33.100.00
2017 $421,000 Design, Construction Documents, Bidding Support, Construction Administration
Morongo Basin Healthcare District
Split Rock Clinic Remodel, Twentynine Palms, CA Services Contract Fee: $60,967.53
2019 $3,080,500 Design, Construction Documents, Bidding Support
Family Health Dental Clinic Remodel, Yucca Valley, CA Services Contract Fee: $5,050.00
2016 - Feasibility Study and Preliminary Design
Riverside Unified School District
Fremont Elementary School Remodel, Riverside, CA Services Contract Fee: $36,500.00
2019 $524,800 Construction Documents, DSA Submittal Coordination
Poly High School Interim Housing, Riverside, CA Services Contract Fee: S12,850.00
2017 unknown Construction Documents, DSA Submittal Coordination
Poly High School Classrooms &-Locker Rooms Ceiling Remodel, Riverside, CA Services Contract Fee: $12,450.00
2017 unknown Construction Documents, DSA Submittal Coordination
Longfellow Elementary School HVAC Replacement. Riverside, CA Services Contract Fee: $23,950.00
2016 unknown Construction Documents
AµMS,p •.
Statement of Qualifications for Architectural Services
City of Palm Springs SOQ#08-21
March 24, 2021
,'4GFORN�
OTHER PREVIOUS PROJECTS FOR PUBLIC AGENCIES
City of Palm Desert
U
City cif Palm Springs
Riverside County
Bus Stop Shelters
■
•
Convention Center Storage Yard
•a Administration Center (Design)
Bakers Square
�
e
•
Palm springs Airport
• Blythe, CA
g
San Pablo/Highway 111
•
Landscape Renovation
• Juvenile [fall — Phase II
College of the Desert
One-way Airport Revolving Doors
a Construction Administration
Baseball Field Lighting
•
Security Wall Opening/ Boor
® Indio,,CA
Central Plant & Alumni Street fair
a
•
Parking Lot Space expansion
Park(ngg Lot Expansion - Alternate 1
a
■ Riverside County
Restrooms
Security Checkpoint Lane Expansion
°• Mousing Authority
Campus Wide Hardware
•
Baggage Claim Area Lac ansion
t�� p
■ Moreno Valley, CA
Riverside CA
Replacement Project
i
New Automatic Entrance Door System
n
Science Bldg. Lab. Remodel
r
r
Roofing Analysis and Modifications
HVAC Air Handler Replacement Study
•
a Riverside County - Volunteers in
Medicine Clinic
Civic Center Carport Structures
Palm Springs Police Department
o
and Photovoltaic Panels
•
Records and Lobby Remodel
w Riverside County Economic
San Pablo Part.
■
■
Detectives Bureau Remodel
■ Development Agency
■ Desert A,leadrnvs blousing Project
Community Park
Training Center Remodel
Basement Men's & Women's Locker
■
0 Indio, CA.
Sinatra Teen Center, Palen Desert
•
•
Rm)nm Remodel
■ River Canyon Housing Project
! Cathedral City, C.A.
Preliminaries
City of Palm Springs HVAC System
Council Chambers Atrium
•
Upgrades
City I lall Data Center HVAC Replace.
■
°s San Bernardino County
Mesa View Fire Station
a
Desert I lighland Unity Center I NAC
■
Restaurant Development
®
•
I ire Station No.2 FIVAC Chiller
• Arrowhead Regional Medical Center
■
lighway 111,Portola
a
Replacement
Colton, CA
Redevelopment Agency
•
■
Public Related Projects
n Upgrade of Existing fire Alarm Panels
a
o Replacement of Existing Cart Washer
Public Agency Projects
Tenn ily Wildlife Hospital and Conservation Center
•
a Repaacment of Surgical Lights-Boortts in
The Living Desert
12 O s
Desert Sands
n
B
village Walulu
a Replacement of Existing Floor Loader
>•
Unified School DMrict
Relocalable Classrooms
u
m
The Livia g Desert
■ Sterilizer
•
Palm Desert I Iigh School
a
Barbara Sinatra Chddren:s Center
Replacement of Pump 4VAGT Vacuum
Master Pharr 1 idlll
W
Eisenhower Medical Center
am
New Cr Scan -Toshiba Aquilion Prince
Sunrise Media Bus Slop Designs
®
John L Sinn Emergency Wing
!
Palm Springs
U
Eisenhower Medical Center
a New Toshiba Ultirnax Equip.
Rancho Mirage
®
March Air Force Base
MRI Replacement - Toshiba `titan 3T
Cathedral City
•
Squadron operations
■ Air Pressure Monitors - Isolation Rooms
March AFB, CA
■
to
Uihlein Administrative Building
Interior ADq Upgrades
City of Rancho Mirage
u
0
Eisenhower Medical Center
■
Labor & Delivery Remodel
Bank of America
v
• Radiology Equip. replacement
United States Post Office
aYucca
Valley, (.A
m
Emergency Blue Phone Mestals
4
Statement of Qualifications for Architectural Services
City of Palm Springs SOQ#08-21
March 24, 2021
c4�IroaN`0 ,
OTHER PREVIOUS PROJECTS — PUBLIC AND PRIVATE
Recreational Facilities
- Bighorn C.C., Halfway House
(The Turn)
- Eldorado C.C., Administration
- Building, Indian Wells, CA
- Eldorado C.C., Golf Clubhouse
Remodel & Addition
- Eldorado Country Club, Master
Plan, Indian Wells, CA
- Fairchild's Golf Center, Palm
Springs, CA
- Ironwood C. C. Golf
Clubhouse, Palm Desert, CA
- Ironwood Tennis Clubhouse &
Courts, Palm Desert, CA
- Spanish trail C.C. Clubhouse,
Las Vegas, NV
- Spanish Traits C..C., Gatehouse,
Las Vegas, NV
- Tamarisk C.C. / Golf
Clubhouse Master Plan
Remodel/Addition
- The Vintage Club, Sandwich
Bar, Indian Wells, CA
Utility & industrial
Facilities
- General Telephone (TSPS and
LAX Buildings), Indio, CA
- General Telephone Co. Various
projects within the Coachella
Valley including Digital
Alterations
- Nora Water Bottling Facility,
Riverside County, CA
- Shell Oil Co., Service Stations
and Convenience Stores, La
Quinta, Palm Springs, Cathedral
Cty.
Private Residence
fhe Vintage Club
Financial Insfitulions
American Savings Bank
Remodel, Palm Desert, CA
- Bank of America (Prelim. Design
Studies), Yucca Valley, CA
- Bank of America (Prelim. Site
Studies), Palm Springs, CA
- Bank of America Private
Banking, Facility, Palm Springs, CA
- Bank of California (Prelim.
Design Studio§), Indian Wells, CA
- Bank of California, Palm Springs,
CA
-Calif. Fed. Savings (Prelim. Design
Studies) Palm Desert, CA
- Crocker Bank (American Savings),
Palm Desert, CA
Public Facilities
- Mesa View Fire Station, Palm
Desert, CA
- Palm Desert Bus Stop -Bakers
Square, Palm Desert, CA
- Palm Desert Bus Stop -San
Pabio/Hrvy. 111, Palm Desert,
CA
- Palm Desert Civic Center
Carport Structure and -
Photovoltaic Panels, Palm
Desert, CA
- Palm Desert Community Park,
Palm Desert, CA
- Palm Desert Sports Complex,
Palm Desert, CA
- Palm Desert Youth Center Palm
Desert, CA (Preliminaries)
- Rancho Mirage Post Office,
Rancho Mirage, CA
- San Pablo Park (Including Plan
with YMCA)
- Squadron Operations Building,
March Air Force Base, CA
- Whitewater Park Renovation,
Rancho Mirage, CA
- Indian Wells City Hall, I-W. CA.
Chu rches Places of
Worship
- Sacred Heart Catholic Church -
Pastora) Center, Palm Desert, CA
- Jewish Community Center, Palm
Springs, CA (Preliminaries)
- Our Lady of Soledad Catholic
Church of Coachella
(Preliminaries)
- Hosanna Church, Palm Springs,
CA
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Statement of Qualifications for Architectural Services�ZN�.
City of Palm Springs SOQ#08-21
March 24, 2021 '
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Educational facilities
Washington School Library, Palm
Desert, CA,
- Rancho Mirage School Repair,
Rancho Mirage, CA
- Palm Desert High School, Palm
Desert, CA.
- Desert Sands Unified School
District Relocatable Classrooms,
Desert Sands, CA.
- Headstart & Child Development
Relocation,
- D.S.U.S.D.1994 Washington
School Portable Classroom
Project
- D.S.U.S.D. 1995 Portable
Classroom Project,
- D.S.U.S.D. La Quinta Middle
School, La Quinta, CA.
- Montessori School Addition -
Warner I -rail,
- College of the Desert Ballfield
Lighting, Palm Desert, CA-
- Riverside Unified School District
Riverside Poly High School
Remodel, Riverside, CA
Office, Retail, b
Hospitality Facilities
- Airpbrt Park Plaza, Palm Springs,
GA
- Canyon Hotel Convention
Center, Palm Springs, CA
- EMC Administrative Center,
Rancho Mirage, CA
- Furon International, Laguna
Niguel, CA
- Scbma's Restaurant, Rancho
Mirage, CA
- Sheraton Raincross Hotel
(interiors), Riverside, CA
- Spa Hotel Renovation, Palm
Springs, CA
-The Courtyard, Palm Springs,
CA
- Unocal Geothermal Division
Office, Coachella, CA
- Unocal Geothermal Division,
Indio, CA
- Urrutia Professional Building,
Palm Desert, Ca
- Wal- Mart/Retail Shopping
Center, Palm Desert, CA
Private Rve idenc:e
The Vintage Club
Residential
- Ironwood Country Club Fairway
Estate, Palm Desert, CA
- Shadow Mountain
Condominiums, Palm Desert,
CA
- The Desert Hones at The
Vintage Club, Indian Wells, CA
- The Patio Homes at The
Vintage Club, Indian Wells, CA
Numerous Private Residences
throughout The Vintage Club and
Southern California
Palm Springs, CA
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Statement of Qualifications for Architectural Services ,' Q�Z
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March 24, 2021
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Firm Familiarity and any Unique Issues that Come with Providing Architectural
Services in the City and Coachella Valley
Urrutia Marks Architects is the longest continually operating architecture firm in
the Coachella Valley.
We have operated in Palm Springs since 2003 and the Coachella Valley for 48
years (in Palm Desert from 1973 to 2003). We have been involved directly and
indirectly with unique issues here for a very long time.
History - With so many local projects over the years, the most unique issues arising
here are related to our community's unique history in the Valley, particularly in
Palm Springs. The respect for that history has changed as well. The City of Palm
Springs has become significantly more diligent in the enforcement of protections
for historic buildings and sites over the past ten years, and yet, project developers,
business owners building on or improving their properties, and many new -comers
are distinctly unaware of this history.
Maturity - In addition, all of the Desert Cities here in the Coachella Valley have
matured significantly in the project planning, review, permitting, and
enforcement of building development, yet there seems to be a lack of respect
for those development control systems on the part of many people building here.
Many of our clients just do not realize they have to take their projects through such
rigorous review and approval processes, even our clients from Los Angeles or
other large cities with similar controls.
With both of these unique issues, our role as architects entails a significant amount
of education.
Key and Critical Issues that the Firm Foresees may be Encountered While Providing
On -Call Architectural Services
Urrutia Marks Architects maintains on -call contracts with several municipalities,
counties, and independent agencies for architectural services. The key and
critical issues we have faced with such agreements are:
1. The projects scopes of work are often relatively small;
2. Schedules are typically very quick;
3. Budgets are usually tight; and
4. Our clients' assigned project managers are usually in need of considerable
assistance from us.
In response to these issues, we maintain considerable flexibility and resilience in
our staffing to be ready to support our clients' schedules, and we creatively find
ways to provide necessary services at fees that will fit their budgets. We respond
to requests for help quickly and make ourselves available even during non -office
hours.
hdStatement of Qualifications for Architectural Services
Firm's Method to Ensure Projects are Delivered to Clients on
Clients' Budgets
Urrutia Marks Architects creates highly successful projects by incorporating quality
in all aspects of the execution of our services. From the very first phone call or
email from the Client to post -construction follow up, we provide courtesy, respect,
and professionalism, and extend those traits to the entire project team.
Our Quality Assurance/Quality Control practices include having senior and
principal level review of all documents at all phases before they leave the office
to Clients, subconsultants, or design/plan review agencies —affecting the quality
of documents. However, quality that affects scheduling, budgeting, and
customer service comes through intentional best practices and team culture.
When the entire team is supporting one another with the same outcome -driven
goals, quality is a result, not a program.
We apply four underlying outcome -driven goals to each tasks in each project:
1.Involve the Owner/User throughout the process. Great buildings are not
created in a vacuum. They need input from the Owners and Users to help the
design team understand how the building will be uniquely utilized and how it
needs to successfully respond to its intended function. Owner/User input is
gathered early in the project time frame and acts as the "project yardstick"
against which all design solutions and details will be measured. We keep track
of this input and refer back to it at each phase to ensure we are providing the
Owner with the best design and services meeting their needs.
2. Understand the opportunities and limits of the project. All projects have
wonderful opportunities. All projects have limits and constraints. We define both
early in the project. Our solutions address both and opportunities and limits, and
will stay within the guidelines established by the Owner.
3. Allow the project to reflect its community. The City of Palm Springs is made of
many communities and each is unique. Project design must connect to the
community to be successful. In most instances, the solution should reflect not
just the community's architecture, but its values, its culture, and its people.
4. Communicate. Clearly and often. For the project to be successful, we need to
understand you and you need to understand us. We leave no stone un-turned.
We ask lots of questions because we want the solution to be tailored to you
and your needs. We will have both Principal and Senior Project Manager on all
correspondence so nothing gets missed.
8
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Statement of Qualifications for Architectural Services�sN
City of Palm Springs SOQ#08-21
March 24, 2021 °a
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In addition to these outcome -driven goals, we rely on these best practices to
ensure project quality: Listening, Being Local, and Principal Involvement.
Best Practices in Understanding the Client - Listening
It may seem obvious to the City of Palm Springs, but having an architect who
listens and responds in a timely manner to questions and requests should be
expected rather than innovative, but many public and private organizations that
have hired other architects have found that to not be the case. At Urrutia Marks
Architects, you are our top priority. Our first effort is to know you and know what
you want. The only way to do that is to listen and learn.
Best Practices in Project Delivery - Being Local
Urrutia Marks Architects has been established in the Coachella Valley for the past
48 years. We are familiar with the diverse climatic conditions of the various regions
of the County. We have an excellent reputation with major contractors in and
around the region and have a track record of high -quality service.
Our office near East Tahquitz Canyon Way and Sunrise Blvd in Palm Springs is
centrally located within the City, and only moments from City Hall. We have
executed successful projects in all areas of the City.
Project Management System - Principal Involvement
Urrutia Marks Architects functions on a Principal Architect/Project Manager
format which we feel provides our Clients with effective and responsive project
management, while allowing our firm to produce consistently high -quality
architectural services within established schedules and budgets. Under this
approach, the Principal -in -Charge —a California Licensed Architect —and Senior
Project Manager work closely on all phases of the work to assure maximum
efficiency and a thorough understanding of the project.
We are accustomed to working within the budgetary constraints and demanding
schedule requirements. The vast experience of the Principal-37 years in the
profession of architecture —supports our Senior Project Managers, who have been
with us for more than a dozen years each, throughout the project process. What
we have learned by our experiences together enhances our dedication to
continually improve our delivery methods and, therefore, the quality of the
finished product.
All initial design is established by the Principal -in -Charge. Additionally, design
coordination is assured by the direct involvement of the Principal -in -Charge. The
Senior Project Manager is thereafter responsible for the coordination required
internally with the production staff and subconsultant firms. Near daily contact is
made with the Principal -in -Charge, Senior Project Manager and subconsultants
to ensure all involved parties are kept apprised of the status of design
development, input may be received and given prompt response, and
production schedules are met.
9
Statement of Qualifications for Architectural Services
City of Palm Springs SOQ#08-21
March 24, 2021
Staff to be Assigned to Provide Services
David W. Clarke, Principal Architect
Thirty-one years ago, California became Mr. Clarke's first
Architect's license. Even practicing and working in several
other states since then, he maintained his California licensed.
He owned and operated architectural firms in New Mexico
and was Executive Manager for a high -end architecture
practice in Scottsdale. Now, he leads the Palm Springs Urrutia
Marks Architects office.
PROFESSIONAL REGISTRATIONS
California Architect License - Registration No. C-21219
NCARB Certificate No. 55754
EDUCATION
Master of Art in Architecture degree, UCLA 1990
Bachelor of Architecture degree, University of Oregon 1984
PROFESSIONAL PRACTICE
Urrutia Marks Architects, Palm Springs, CA 2018 - Present
Williams Design Group, Inc., Las Cruces, NM 2010 - 2018
Alvidrez Architects, El Paso, TX 2009 - 2010
Peterson Architects, (PHX Architects), Scottsdale, AZ 2008 - 2009
Mountain Sun Architecture, Ruidoso/Alto, NM 2000- 2008
Escudero-Fribourg Architects, Los Angeles, CA 1988 - 1990
U.S. Peace Corps, Montserrat, BWI, 1985 - 1987
Goody Clancy & Associates, Boston, MA 1984 - 1985
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EXPERIENCE & QUALIFICATIONS
David has 37 years of experience in the profession including teaching architecture in
universities for ten years. David is a published author and has traveled in over 30 countries.
He has practiced architecture in Southern California, Scottsdale, Boston, New Mexico,
and the Caribbean. Recent completed public project experience includes:
• SunLine Transit Agency West Coast Center of Excellence, Thousand Palms, CA, 2020
• Cucamonga-Guasti Regional Park Pool Waterproofing & Upgrades, Ontario, CA, 2020
• Glen Helen Regional Park Waterslide Refurbishment, San Bernardino, CA, 2020
• SunLine Transit Agency Indio Offices, Indio, CA, 2019
• Split Rock Medical Clinic Remodel, Thousand Palms, CA, 2018
• City of Las Cruces Convention Center Expansion, Las Cruces, NM, 2018
• Fire Station #2, Lovington, NM, 2018
• NM State Police District 3 HQ Addition & Remodel, Roswell, NM, 2017 - 2018
• Public Safety Complex, Las Cruces, NM, 2012 - 2017
10
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Statement of Qualifications for Architectural Services A�y�
hi City of Palm Springs SOQ#08-21
March 24, 2021
'. '44FORN�P
Staff to be Assigned to Provide Services
Marina Acosta, Senior Project Manager
Ms. Acosta has been a critical team member and Senior Project Manager first at Urrutia
Architects and now Urrutia Marks Architects for 19 years. Her contributions to the firm
include marketing and public relations, design presentations, project management,
construction project administration, and practice management. Her extensive project
experience and outgoing positive personality bring efficiency, productivity, and personal
touch to every project, which our clients highly value. Ms. Acosta also regularly teaches
at College of the Desert in Palm Desert, California.
EDUCATION
California Polytechnic State University -San Luis Obispo, California
Bachelor's degree of Science in Architecture
5 year professional degree
Graduated 2001
PROFESSIONAL PRACTICE
Urrutia Architects, Palm Springs, CA 2001 - 2016
Urrutia Marks Architects, Palm Springs, CA 2016 - Present
EXPERIENCE & QUALIFICATIONS
Detail oriented professional. Skilled at managing multiple aspects of a job and seeing
tasks through to successful completion. Takes full responsibility to ensure the highest
quality work, while creating strong, productive relationships to optimize teamwork.
Organized and able to complete almost every task successfully and within schedule and
budget. Outstanding team coordination and oversight.
Throughout the years, Marina Acosta has
Public, Governmental, Residential, Medical
projects:
been involved in many projects including,
& School projects. Below is a list of selected
• SunLine Transit Agency Indio Offices - Indio, CA
• SunLine Transit Agency West Coast Center of Excellence, Thousand Palms, CA
• Airport Park Plaza (Medical Office Building) - Palm Springs, CA
• Palm Springs Police Department - Palm Springs, CA
• Mesa View Fire Station - Palm Desert, CA
• Institute of Critical Care Medicine - Rancho Mirage, CA
• College of the Desert Central Plant & Alumni Street Fair Restrooms - Palm desert, CA
• Sunrise Park Restroom Replacement Prototype - Palm Springs, CA
11
Statement of Qualifications for Architectural Services
City of Palm Springs SOQ#08-21
March 24, 2021
Subconsultants Firm may Use to Provide Scope of Services
Geotechnical Engineering
Petra Geosciences
42-240 Green Way, Suite E
Palm Desert, CA 92211
760.250.9747
Civil Engineering and Surveying
Fomotor Engineering
225 South Civic Drive, Suite 1-5
Palm Springs CA, 92262
760.323.1842
Commercial Development Resources
4121 Westerly Place # 112
Newport Beach, CA 92660
949.610.8997
Landscape Architecture
Sotelo Landscape Architects
2643 Fourth Avenue,
San Diego, CA 92103,
619.544.1977
Structural Engineering
Tang Structural Engineers
7950 Cherry Ave., Suite 114
Fontana, CA 92336
909.429.0450
Mechanical Engineering
IMEG Corp.
Plumbing Engineering
901 Via Piemonte, Suite 400
Ontario, CA 91764
Electrical Engineering
909.477.6915
Technology Engineering
Fire Protection Engineering
Cost Estimating
Cumming
15015 Avenue of Science, Suite 160
San Diego, CA 92128
858.485.6765
12
0� VALM 8
Statement of Qualifications for Architectural Servicesy
City of Palm Springs SOQ#08-21
March 24, 2021
�PETRA±/��+�+{*��-a�+
G EOSC IENCEr '
Petra Geosciences is a geotechnical and environmental consulting firm founded in 1975
as Earth Research Associates and incorporated in 1988 as Petra. Our workforce consists
of an interdisciplinary group of professionals including licensed engineers, geologists,
environmental scientists, hydrogeologists, technicians, and administrative support
staff. Our current geographical focus is throughout southern California. We have four
offices serving the counties of Orange, San Diego, Riverside, San Bernardino, Los Angeles,
and the Desert Region. Petra has been serving the Coachella Valley with permanent
presence since 2006 and has been helping development projects solve the unique
challenges associated with the Coachella Valley.
Our projects in the Coachella Valley have ranged from; single lot, roads and pipelines, a
boutique resort, energy, and geohazards evaluations and geotechnical design projects
up to 2400 acres in size. We have worked in and for the City of Indio and neighboring
Cities on Infrastructure and Public Works
SERVICES Some of the geotechnical and environmental services Petra provides include:
Geotechnical Environmental
• Geotechnical Feasibility Studies
• Geotechnical Investigations
• Forensic Studies
• Fault Investigations
• Seismic/Liquefaction Analysis
• Rock Excavatability
• Earthquake Engineering
• Foundation Evaluations
• Soil -Structure Interaction
• Soil Improvement/ Stabilization
• Slope Stability Analysis
• Pavement Design
• Drainage/Seepage Studies
• Geotechnical Instrumentation
• Field Permeability Testing
• Geologic Hazard Reconnaissance
• Hydrogeologic Investigations
• Landslide Evaluations
• Landfill Services
• Earthwork Construction Observation
and Testing
• Third -Party and Agency Review Services
Petra Geosciences, Inc.
42-240 Green Way, Suite E
Palm Desert, CA 92211
Cell:(760) 250-9747
www.petra-inc.com
13
• Phase I and II Assessments
• Soil and Groundwater Sampling
• Preliminary Endangerment
Assessments
• Human Health Risk Assessments
• Remedial Action and Site Closure
Documentation
• Underground Storage Tank
Investigation and Removal
• Methane History Studies/
Investigations/Mitigation Plans
• Construction and Municipal Storm
Water Services
• Litigation Support
• Regulatory Compliance
• Remedial Action Workplans
Alan Pace, PG, CEG
Senior Associate Geologist
apace@petra-inc.com
Statement of Qualifications for Architectural Services
�/J City of Palm Springs SOQ#08-21
March 24, 2021
CIVIL ENGINEERING, SURVEYING
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Fomotor Engineering is a full -service, multi -discipline civil engineering, planning and
surveying firm. We focus on growth and development with social consciousness of the
environment. Fomotor Engineering is committed to the effective use of technology and
utilizes the latest CADD and engineering analysis software.
Company founder and owner, Phillip Fomotor, licensed in the States of California and
Washington, has over 26 years of professional engineering experience and has an
extensive background on all phases of civil design, field surveying and project
management.
Fomotor Engineering
225 South Civic Drive, Suite 1-5
Palm Springs CA, 92262
Office Phone 760.323.1842
Phillip Fomotor
Principal Engineer
Jonathan Guzman P.L.S.
Survey Department Manager
Recent Public Sector Experience:
Feasibility study for one -mile extension of El Dorado
Drive West, City of Palm Desert
Design of two-mile sewer trunk main extension for the
Valley Sanitary District, City of Indio
Field survey services as needed, Palm Springs Unified
School District
Cook Street/[nterstate 10 on -ramp
construction/enhancement project, City of Palm Desert
Pavement maintenance system (PMS) for the Town of
Yucca Valley for street maintenance and rehabilitation
Thousand Palms Community Center Building and
Concession Building, Thousand Palms
Grading, paving and drainage plan for the Margaret
White Elementary School, City of Blythe
Master drainage plan of a 5.5 square mile portion of
the City of Rancho Mirage
14
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Statement of Qualifications for Architectural Services
�Ao City of Palm Springs SOQ#08-21
p March 24, 2021 °�,FoaN`P
Commercial
Development
Resources
Commercial Development Resources, Inc.
Today's Ideas.
Tomorrow's Reality.
There are numerous ways to design a specific project, CDR's niche and competitive advantage is
capturing the owner's vision and delivering designs that maximize ROL
—Aaron Albertson, P.E., Principal
Located in Newport Beach, California Commercial Development Resources (CDR)
provides civil engineering, surveying, construction management, and entitlement
services. CDR was created in 2007, in response to the real estate market downturn as
developers reduced staff and looked to outsource land development services.
CDR serves some of Southern California elite corporate developers, as well as, individual
land owners. Corporate or individual, CDR brings the same skills, know how, and energy
to each project. CDR is recognized as more than a "Civil', we are a development partner
providing client focused and bottom line driven civil engineering and development
management solutions and results. This model has quickly grown a core group of repeat
clients.
Aaron Albertson, P.E., is the founding principal at CDR. Aaron has been working in
Southern California for over 15 years beginning in environmental engineering and quickly
transitioning into Land Development during early 2000 as part of the real estate boom.
Working at a national multi -unit roll out architecture firm, Aaron led the civil engineering
efforts for all of Southern California. His team quickly expanding from two to twelve and
was responsible for completing projects all over the U.S. Aaron moved to a boutique
development company as a development project manager, working directly with equity
partners, where he was responsible for the Rite Aid preferred developer program
entitlements, permits, and construction management.
Aaron founded CDR in 2007 as a response to the real estate down turn and developers
outsourcing development program management. CDR has solidified a core group of
repeat clients, based on timely and bottom -line driven results and engineering solutions.
EDUCATION
MONTANA STATE UNIVERSITY - Bozeman, Montana Jan 94 to May 97
Bachelor of Science: Civil Engineering, Option Bio-Resources
Licenses: Engineering -in -Training (#12830ET), California Professional Engineer (C 65513)
Organizations: Sigma Alpha Epsilon Fraternity
UNITED STATES AIR FORCE ACADEMY - Colorado Springs, Colorado June 91 to May 93
15
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Statement of Qualifications for Architectural Services
` City of Palm Springs SOQ#08-21 " "
. March 24, 2021
sotelo
LANDSCAPE # ARCHITECTS
Angelina Sotelo has been designing Landscapes in Southern California for over 20 years.
In 2006 became a Partner and Chief Architect of a large firm in San Diego, gaining a
reputation for excellence in the practice of all aspects of the landscape architecture
profession, including large scale public, institutional, corporate, resort and residential
projects. With over 2000 projects of experience and several awards and publications, she
founded Sotelo Landscape Architects in 2011. Angelina Sotelo is an active member of
the American Society of Landscape Architects.
REGISTRATION
California Registered Landscape Architect #5254
Arizona Registered Landscape Architect #63799
LEED Accredited Professional BD+C
EDUCATION
Bachelor in Architecture, 5 year degree
UCLA Extension —LARE
FOUNDATION
2011 to date —Founder and Principal, Sotelo
Landscape Architects
1996-2011—Principal and Chief Architect at DRLA
AWARDS
2016 City of Chula Vista New Residential
Construction Project of The Year Award.
2015 City of Monterey Park, Beautification Award
2014 ASLA Professional Design Awards
2010 Masters of Design Award, Pool and Spa News
2010 Save Our Heritage Organization for the Lodge
at Coronado, with DRLA
2009 Grand Orchid for the Lodge at Torrey Pines,
with DRLA
PUBLICATIONS
2018 Me•yah•whae, The Magazine of the Agua
Caliente Band of Cahuilla Indians
2018 Palm Spring Life
2017 Landscape Architect Magazine, Hardscape
Edition, Paseo Chapultepec
2016 Landscape Architect Magazine, Viejas Resort
& Casino
2016 Arch Daily, Z Residence
In the works- Commercial and Corporate
Landscape, to be published in December 2017
2011 Traditional Building Magazine, Coronado
Lodge project
2010 Pool and Spa News Masters of Design Awards
2009 1000x Landscape Architect
San Diego Office:
2643 Fourth Avenue,
San Diego, CA 92103, 619-544-1977
Angelina Sotelo ASLA LEED AP
Founder and Principal
Viejas Resort & Casino
16
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Statement of Qualifications for Architectural Services
hd City of Palm Springs SOQ#08-21
March 24, 2021
4�IFORN�P '
TANG STRUCTURAL ENGINEERS, INC.
PROFESSIONAL STATEMENT
Tang Structural Engineers, Inc. was formed in July of 2004 in Fontana, California. The firm
is innovative and creative while listening to the needs of the Owner, Architect, and
Contractor. The firm approaches structural design with open minds, common sense, and
years of experience. We always look for economic creative structural systems. Our
objectives are to provide quality structural engineering services on time and on budget
to both private and public sector clients in California.
BACKGROUND
For the first 2 years after graduation, Che Tang, was designing light gauge steel structures
for residential and commercial and storage facilities. In 1994, he joined Knapp
Architectural Engineers Company and served as a design engineer alongside Leonard
C. Knapp, Principal Engineer. Che acquired his structural engineer license in 1999, and
joined with Len Knapp as a partner on February 2001. Che is a hands-on person with
excellent knowledge of structural systems and building codes. He has worked on many
municipal projects, custom houses, commercial buildings, and hospitals.
EDUCATION
BSCE degree, California State Polytechnic University, Pomona, 1992.
LICENSE
Structural Engineer in California, SE4433
Professional Engineer in California, CE56177
MEMBERSHIP
Southern California Structural Engineering Association
ACI
American Society of Civil Engineers
PAST AND ON -GOING PROJECTS
Palm Springs Fire Station #4; Renovation & upgrade of existing 5,500 s.f. fire station with
3,000 s.f. addition
Peacock Reservoir in Cowan Height, CA; 20522 s.f. drinking water reservoir
Corona Chemical and Dewatering Building in Corona CA; 2-story metal building for
housing two (2) centrifuge equipment
JFK Memorial Hospital in Indio, CA; Expansion and remodeling existing emergency
department, renovate administration building, add pump house and add chiller
building
Suncor Lynwood Skilled Nursing Facility in Lynwood, CA; 42,275 s.f. renovation
Tang Structural Engineers, Inc. Che Tang
7950 Cherry Ave., Suite 114 Principal Engineer
Fontana, CA 92336
Office Phone 909.429.0450
17
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Statement of Qualifications for Architectural ServicessN;
City of Palm Springs SOQ#08-21
March 24, 2021 c4lN�P•'
I MEG
MECHANICAL, ELECTRICAL, PLUMBING, FIRE PROTECTION
SPECIAL SYSTEMS, COMMUNICATIONS
IMEG Corp. is one of the largest design consulting firms in the U.S. specializing in high -
performing building systems, infrastructure, program management, and construction -
related services. With a global footprint of 40 offices and a deep bench of nearly 1,200
team members, we know the technical skills of our people is our product and we strive
to build long-lasting client relationships through our guiding principles, expertise, and
collaborative project approach. We are a national firm with core, regional teams
ensuring strong quality control and client value.
Founded originally in 1955, IMEG's strength is our willingness to collaborate and reach
beyond the status quo, challenging ourselves to be thought leaders and innovators in
the A/E/C industry. IMEG's vast talent consists of program managers, design engineers,
and dedicated construction administration personnel. Our expanded resources allow us
to tap into the expertise of our entire corporation and involve in-house experts from
various fields to assist in the design process with our project partners.
Inland Empire Office
901 Via Piemonte, Suite 400
Ontario, CA 91764
Office Phone: 909.477.6915
Kerry Parker, LEED AP BD+C
Managing Principal, Client Executive
18
RANKINGS:
Top 6 Engineering Firm in U.S. (BD+C)
Top 100 Pure Designers (ENR)
#111 in Top 500 Design Firms U.S. (ENR)
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Statement of Qualifications for Architectural Services ti
City of Palm Springs SOQ#08-21
March 24, 2021
GUMMING
Building Valor + through Fxprnisr
COST ESTIMATING AND VALUE ENGINEERING
San Diego Office: 15015 Avenue of Science, Suite 160, San Diego, CA 92128, 858-
485-6765
Ashok Patel, Managing Director
Established in 1996 as a project and cost management company, Cumming has
evolved into a 700-person, multi -faceted consulting firm with a determined focus on
providing services that add value at every step of a project's development.
Today, we continue to serve as a devout advocate for our project
management and cost consulting clients — we solve problems, deliver solutions, and
drive results. Cumming's exceptional management skills have led to us becoming one of
the most successful project management and cost consulting firms in our industry. We
operate with optimal efficiency, we hire and train the most talented and motivated
industry leaders, and we actively explore opportunities to improve and add value.
At Cumming, we are passionate about
developing and maintaining advanced, specific,
and comprehensive knowledge for each project
type we support.
General construction expertise is not enough. True expertise
requires nuance, and nuance requires a deep understanding of the
exact project type in question. Cumming has accumulated a
diverse portfolio of experience across a variety of sectors, but this
has not happened quickly or by accident. We have spent many
years and countless hours honing our skills, fine-tuning our
knowledge, and acquiring the nuanced understanding that true
expertise — and diverse experience — requires.
COST MANAGEMENT
Cumming's construction cost specialists are known for the accuracy of their estimates and
budgets, and deliver continuous cost guidance to our internal teams and outside clients.
Accurate and actionable cost solutions
• Vast sector knowledge
• Early and continuous involvement
19
Statement of Qualifications for Architectural Services
City of Palm Springs SOQ#08-21
March 24, 2021
Scope of Work
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Consultant's approach or methodology in providing each item in the scope of
work.
Project tasks in on -call agreements can vary significantly in size, difficulty, scope of
services needed, and even nature of the project. For example, under our active on -call
agreements, Urrutia Marks Architects have provided services for such diverse projects as:
Full Design Services for a Prototype Restroom Building for City of Palm Springs Parks
Feasibility Study for Office Addition at Big Bear Road Maintenance Facility
Feasibility Study for Added Security Bollards at County Government Office Building
Waterproofing & New Life Guard Chairs for Cucamonga-Guasti Regional Park Pool
Consulting for the Rejuvenation and Replacement of Waterslides at Glen Helen Park
Extension of the Service Catwalk in the Arrowhead Regional Med. Ctr Physical Plant
Full Design Services for the New SunLine Center of Excellence Training Building
Because on -call projects can entail any kind of design professional services from general
consulting to field documentation or inspections to cost estimating and feasibility studies
to full design and construction documents for brand new buildings, there is no "one size
fits all" methodology or approach.
Urrutia Marks Architects offers a menu of services we typically can offer in-house based
on our experience and resourcefulness, and services we can offer through our
subconsultants to provide specialized engineering and analysis. The City may request
nearly all of the services listed below for the new construction of a complex project, or a
single service task or just a few service tasks for a simple project. The service tasks below
marked with "* ' (asterisk) are only provided in conjunction with an agreement for design
and construction documents of a complete project.
Service Category
Service Tasks
Pre -Design
Site visits for documenting existing conditions
Consulting to assist with site selection decisions
ADA compliance analysis
Design analysis of existing structures & spaces
Site analysis (in preparation for design)
Programming (in preparation for design)
Surveys
Geotechnical studies and reports
Coordination of surveys & geotech services by others
Preliminary Design
Conceptual Design
Preliminary code analysis of conceptual designs*
Analysis of prelimina designs by others
Design Development
Reviewing/redlining design documents by others
Developing approved preliminary designs*
Code compliance analysis of designs*
Outline specifications & basis of design narratives*
Opinions of probable cost*
Review & analysis of cost estimates by others
20
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Statement of Qualifications for Architectural Services 4>:�N
1W City of Palm Springs SOQ#08-21
March 24, 2021 . �P,
Construction Documents
Reviewing/redlining construction documents by others
Preparing construction drawings for new projects*
Writing specifications for new projects*
Detailed cost estimates*
Adaptation of project plans/designs for other sites*
Building permit applications and processing*
Response to permit review comments*
Bidding and Contract Negotiation
Writing and issuing invitations & instructions to bid
Conducting pre -bid meetings with bidders*
Responding to bidders' questions*
Issuing addenda for a project being bid*
Receiving and/or tabulating bids
Providing advice or recommendations for accepting bids
Advising with the writing of construction contracts
Construction Contract Administration
Site visits to review compliance with construction
documents*
Review product/material submittals
Response to contractor's questions (RFIs)*
Prepare amended construction documents*
System commissioning
Punch lists & issuance of certificates of substantial
completion
Post -Occupancy
Prepare "as -built" drawings for new construction from
contractor's markups (CAD provided by City or *)
Assess functionality of newly completed projects
Assess material/system performance of newly
com leted ro'ects
General Consulting
Pretty much anything else the City needs assistance with
by researching and analyzing the conditions and
rendering a professional opinion
Urrutia Marks Architects Methodology to each Service Category
We start each project by studying all existing site or building conditions including
applicable mechanical, electrical, and plumbing systems, landscaping, sidewalks,
utilities, structure and adjacent street conditions. This will involve reviewing existing site
data and boundaries, reviewing title data regarding easements and other information,
zoning, previously planned or existing adjacencies, topography, flood plain data, wind
and solar exposure, possible utility or view corridors. We coordinate the preparation of
boundary survey and topography map and sustainability goals. Any specific design issues
will be identified and addressed early on in the design process to assure a complete and
cohesive design solution or comprehensive report.
Needs Assessments, Feasibility, and Building Program
Whenever a project demands it, we will spend the necessary amount of time with the
owner/user to assess their needs and requirements for the project including any
sustainability goals for the project. This process involves the development of a complete
profile of the project's needs and desires for the project by using the input gathered
during the visit. After this visit, we will prepare a concise Needs Assessment, Feasibility and
21
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City of Palm Springs SOQ#08-21
March 24, 2021
Building Program Study identifying the final requirements for the project. This report serves
as the "map" that informs future decisions.
Depending on the nature of the project, and in consultation with the Client, in some
cases we will also meet with members of the community to address any questions or
concerns that they may have in regards to the project.
Preliminary Design
Based on the approved Needs Assessment, Feasibility and Building Program Study
recommendations, initial design concept options will be developed by Urrutia Marks
Architects. These are relatively simple drawings formulating the basic size and
configuration of the facility and room locations. In some cases, multiple options are
possible based on the opportunities and challenges of the project conditions.
Following approval of the preferred design concept, the next phase will develop a
Preliminary Floor or Site Plan, an architecturally accurate plan drawn to scale and
showing layout details such as windows, doors, plumbing fixtures, equipment, cabinets
etc. If changes to the site are part of the design, site assessments will be conducted by
the architect, civil engineer, and landscape architect for the proposed project and a
preliminary site plan is also prepared.
Preliminary Design shall also include the development of exterior elevations, building
sections, general color and material ideas, landscape concepts, and preliminary grading
plan, when needed. We provide 3D computer generated models to help the Client and
users get inside the design as early in the design process as possible. Much better
understanding is achieved with 3D views.
Cost data based on the schematic design will be generated for initial evaluation and
consideration of priorities. When the expected costs are misaligned with budgets
expectations, revisions to the schematic design may be necessary to ensure time isn't
wasted later designing something the City of Palm Springs can't afford.
Design Development
Refinement of the approved schematic design shall include establishing structural
systems, electrical systems, mechanical systems, landscape design, grading and
drainage design, lighting techniques, building materials, and finishes. The vertical systems
shall be studied to include the exterior architectural character of the building. An
integrated design character will unify all components of the building with the use of
materials, color and texture. At the conclusion of this phase, we provide more developed
computer generated renderings of the 3D modeling for the Client's use in securing
funding.
Design Development is the best opportunity to evaluate and test the fit of specific
equipment, daily staffing functions, and focus on getting the "nuts and bolts" of the
design right. We will prepare a statement of probable construction cost based on more
detailed area unit prices.
We consult with permitting jurisdiction staff and other appropriate parties, to understand
all applicable regulatory constraints. Their impacts on project planning and design shall
be incorporated into each design component.
WJ
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Statement of Qualifications for Architectural Services
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'c44FOR��P • `
Construction Document Phase
Our construction documents include all drawings and specifications required for the
construction of each system and component of the building, including structural,
mechanical, electrical, plumbing, landscaping, and site grading and drainage. The
team shall establish meetings with the owner/user and any other necessary agency or
department at different completion stages (typically 50%, and 75%, or as prior agreed
upon) to review the progress of the drawings and specifications and address any issues
or comments that may arise.
Preparing for contractor's bids involves much more than providing the drawings and
specifications. The bid documents also typically include instructions to the bidders, and
an agreement document informing bidders of all the requirements including General
Conditions of the Contract, Supplementary Conditions, and Special Conditions.
Construction Phase
Our services include facilitating the approvals for building permits, advising the Client on
qualified general contractors showing interest in bidding the project, and throughout
construction. During construction we are the Client's eyes and ears with regular job site
visits to verify the work is going according to the construction documents. We also act as
"referee" if the relationship between the Owner and the Contractor becomes
contentious. We make interpretations of the documents, review the contractor's
submittals of products and materials intended for use in the construction, review the
contractor's applications for payment, and review requests for changes to make sure
they are legitimate and justified.
Finally, we assist the Owner with closing out and finishing the project. We make sure every
last detail is completed, all the warranties, instructions, and product information are
conveyed to the Owner, and the Contractor has paid all suppliers and subcontractors.
Consultant's ability to provide on -call architectural services to satisfactorily
complete the requirements of each scope of work item
Urrutia Marks Architects is ready with sufficient staff and a full team of subconsultants for
regular A/E projects. We have demonstrated to many public clients through our past and
present on -call agreements to provide much more than just satisfactory services. Our
clients are supportive and happy to take
a call to discuss their experiences with us.
Marcus Fuller, Assistant City Manager
Jesse Frescas, Owner's Representative
City of Palm Springs
SunLine Transit Agency
P.0, Box 2743
32-505 Harry Oliver Trail
Palm Springs, CA 92263-2743
Thousand Palms, CA 92276
760.322.8380
760.343, 3456
_
Deval Shah, Project Manager III
Sergio Pena, Dep. Director Design & Construction
Real Estate Services
Economic Development Agency
County of San Bernardino
County of Riverside
385 N. Arrowhead Avenue, 3rd Floor
3133 Mission Inn Ave.
San Bernardino, CA 92415-0184
Riverside, CA 92507
909.387.5000
951.955.280
23
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Statement of Qualifications for Architectural ServicesAft
City '.
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City of Palm Springs SOQ#08-21 I
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', 1 /FORN�P
Reference Project
Identify one example project for which your firm and staff provided on -call
architectural services
CITY OF PALM SPRINGS POLICE DEPARTMENT REMODEL 2013-2019
The project was comprised of four distinct areas:
1. Remodel Lobby and Records Department
2. Remodel Training Center
3. Remodel Detective Bureau
4. Remodel Basement Men's/Women's Lockers & Restrooms
MEN's & WOMEN's LOCKERS '
(BASEMENT) �-
L_ DETECTIVE I
BUREAU
FIRING _.. --
RANGE
II
r
LIBRARY
TRAINING CTR
NORTH
GVIC 'DRIVE
LOBBY &
RECORDS
The scope of work for each area involved changes to or replacement of finishes, fixtures,
casework, lighting, power, data, and accommodation for City provided furniture and
equipment. Every area also had one or more additions to the architect's and engineers'
scopes of work expanding to additional offices, restrooms, and other spaces not originally
included in the contract.
Construction Contract Amount: $4,323,419
Contractor: Hal Hays Construction Inc.
Furniture: $500,000 (under separate purchase order)
A/E Services fee: $258,455
Client Contact: Mr. Joel Montalvo
Assistant Director of Engineering
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA. 92263-2743
24
Statement of Qualifications for Architectural Services
hd
City of Palm Springs SOQ#08-21 March 24, 2021
CITY OF PALM SPRINGS POLICE DEPARTMENT REMODEL 2013-2019
41A.
X,
4
- - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- --------- �_
Lobby and Records Department
25
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Statement of Qualifications for Architectural Services
City of Palm Springs SOQ#08-21
id March 24, 2021
Jfj CITY OF PALM SPRINGS POLICE DEPARTMENT REMODEL 2013-2019
ffl M
stave ov wax
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OF wwf
Detective Bureau
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Statement of Qualifications for Architectural Services Go
City of Palm Springs SOQ#08-21
March 24, 2021
Po
CITY OF PALM SPRINGS POLICE DEPARTMENT REMODEL 2013-2019
Men's and Women's Locker Rooms
28
Statement of Qualifications for Architectural ServicesryQ"
City of Palm Springs SOQ#08-21
March 24, 2021
c4lIFOR�
CITY OF PALM SPRINGS POLICE DEPARTMENT REMODEL 2013-2019
Also, describe how your firm applied its skills and abilities in the following areas:
(any that may apply)
• Responsiveness and attentiveness to client needs
During the design phase, Urrutia Marks Architects and representatives from the City
administration and the Police Department worked collaboratively to develop functional layout,
color and material schemes, lighting, all the while maintaining the budget. During construction
Urrutia Marks Architects assisted the City with challenges created by an initial contractor who
executed poorly crafted installations, did not follow the construction documents, and was
significantly delinquent. As a team, the client and the design professionals remained diligent in
enforcing the City's high standards for construction quality. Urrutia Marks Architects was always
ready to attend impromptu site visits and conference calls to assist the City of Palm Springs.
• Knowledge and understanding of the latest architectural and construction trends
Technology to support Police Station design and operations is constantly changing, so Urrutia
Marks Architects worked closely with the client to determine what materials and technology was
needed in this project and how it fit in the budget priorities, advised the client on new emerging
trends regarding security, active shooter containment and prevention, blast resistance, sound
privacy, reporting protocols, and public access. Urrutia Marks Architects seamlessly blended the
technology with a stress reducing, respectful, professional, and durable finish material pallet.
• Creative design
Design remodels always have to be highly creative in reusing existing conditions and making
them better than before. In addition to actual design of the affected spaces, the remainder of the
Police station had to remain fully operational. Urrutia Marks Architects provided a phasing and
relocation plan to assist a smooth transition to temporary spaces and then back to the finished
remodeled spaces with a goal to minimize Police operations and public access with minimal
disruptions and maintain safety to all occupants.
• Green building design such as LEED Certified, solar panels, water conservation,
drought tolerant planting, smart technologies, etc.
No active sustainable elements were incorporated in the design by client request, but all materials
and products selected and specified were carefully evaluated for carbon footprint, impact on the
environment during manufacture, and impact to the interior environment after installation including
off -gassing and microbial resistance.
• Historic preservation
Not applicable
• Sensitivity to funding constraints
Any public project, whether funded directly from tax dollars or also including federal grants or
private donations, has funding constraints and Urrutia Marks Architects is always sensitive to
those constraints. We incorporated as much fixed infrastructure as possible to limit such
expensive elements as plumbing and mechanical systems. The finish materials were selected
specifically because they looked "high -end" but had a very modest actual cost. During bidding,
we offered suggestions for cost control changes that brough the project in budget.
29
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Statement of Qualifications for Architectural Services .. I.
City of Palm Springs SOQ#08-21
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'4(/FORN�
• Public Private Partnerships (133)
Not applicable
• Working with a Tribe or the indigenous peoples of the United States
Not applicable
• Analysis of a complex situation, or a challenging problem encountered and how you
solved it
The biggest challenge was the initial contractor who failed to properly staff and schedule the
construction work. Urrutia Marks Architects included, at the client's request, special conditions of
the contract in the project manual that required liquidated damages for late delivery of the project.
That is usually a strong incentive for the contractor to stay on schedule, but it does not address
poor craftsmanship and lack of conformance to the approved construction documents. So in
addition, we offered fair industry standard procedures for the contractor to correct deficient work
at no additional cost to the City. Unfortunately, the contractor chose to abandon the project. Urrutia
Marks Architects spent considerable additional time assisting the City in determining the scope of
the deficient work and hiring another contractor to complete the project.
• Oral and written communication skills, including staff or council reports
Urrutia Marks Architects provided weekly construction observation reports during the construction
phase, but did not have other responsibilities for staff or council reports.
• Preparation of presentations to meetings, neighborhoods, stakeholders
Urrutia Marks Architects only prepared presentations to key stakeholders in the project; City
administration and the Police Department representatives. Design options, including 3D rendering
were presented for discussion and user input.
• Interaction with the client's organization, (i.e. other divisions or departments, Boards,
Commissions, Councils)
Urrutia Marks Architects only had interactions with City administration and the Police
Department in the course of the project.
Local Business Preference Program
Local preference request
Urrutia Marks Architects is located in the City of Palm Springs and maintains
business licenses with the City of Palm Springs, the City of Palm Desert, and the
City of Rancho Mirage. We have at times active business licenses with other
Coachella Valley cities. Therefore, we request the City's consideration of the local
business preference program for Urrutia Marks Architects. See Attachment "A".
Our foundation is outstanding community and public design that has benefited the City of Palm
Springs and other Desert Cities for 50 years.
Our strong community commitment has earned us a wealth of local information, important City
contacts, respect within the design community and public sector, and confidence to succeed.
30
Statement of Qualifications for Architectural Services
k4� City of Palm Springs SOQ#08-21
March 24, 2021
FORMS
Attachment "A"
Addendum No. 1 Acknowledgement
Addendum No. 2 Acknowledgement
Addendum No. 3 Acknowledgement
Addendum No. 4 Acknowledgement
City of Palm Springs Business License
Attachment "B"
Attachment "C"
Attachment "D"
Attachment "E"
2
3
4
5.
A?ALM dp
Statement of Qualifications for Architectural Services A ;Wb
City of Palm Springs SOQ#08-21 "
March 24, 2021 ..% '•,
- 4<�FoaN�P
ATTACHMENT "A"
SIGNATURE AND ADDENDA ACKNOWLEDGEMENT FORM
Name of Company: Marks Architects, Inc. dba Urrutia Marks Architects
Address: 165 N. Luring Drive
Palm Springs, CA 92262
Telephone Number: ( 760 ) 327-6800
Contact Person: David W. Clarke, Vice President
E-Mail: david@urrutiaarchitects.com
Tax Identification Number: 33-0975577
Type of Firm:
❑ Individual
®Corporation (Stat
e
❑ Partnership ElLimited Liability Company
CA ) El Other (specify)
Addenda Ackno.vledge ment:
Acknowledgment of receipt of any addenda issued by the City for this Request for SOO is
required to be submitted v.,ith your SOO. Failure to acknowledge issued addenda may
result in your SOO being deemed non -responsive. (if no addenda were issued, leave blank.)
I hereby acknowledge receipt of Addendum(s) Numbers
Please check below if you are requesting consideration of the Local Business Preference
Program according to the Palm Springs Municipal Code Section 7.09.030. (Check all that
apply)
I hereby request consideration of the Local Business Preference Program
and a copy of current business license for the firm or sub -consultant isare
included.
hereby certify that 1 have the authority to submit this SOO to the City of Palm Springs
for the above listed individual or company. 1 certify that I have the authority to bind
myself/this company in a contract should I be successful in my SOO.
id W. Clarke Vice President
P IN NAIIiEAND TITLE
March 24, 2021
SIGNATURE AND DATE
SOQ #08-21
ON -CALL ARCHITECTURAL SERVICES
y%1 ADDENDUM NO.1
This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q1: How many teams does the City anticipating adding to the on -call list?
Al: The prior On -Call Architectural Services SOQ there were 4 architecture firms
selected for on -call services.
Q 2: Can you share an expected or estimated maximum or minimum contract value per
agreement? For example, the City of Newport Beach just issued an on -call RFQ for a
five year period with a maximum contract value of $400,000.
A 2: Our On -Call Architectural Services will not be set up with a minimum or
maximum contract value. The background of the Request for SOQs explains that
the City owns everything from the Airport and a Convention Center down to
smaller public buildings. Task orders approved for an on -call firm can be as small
as providing a feasibility study for a renovation to something large like new
construction on an empty lot.
Q 3: Regarding the City's on call RFSOQ, it does appear that it is just for building architects
but just wanted to make sure since the IMS report does mention other disciplines and
page 6 lists water conservation, drought tolerant planting and smart technologies etc.
Is this an On -call for Architects only or is it open for other disciplines as well?
A 3: Pursuant to the first line of the Request for SOQ on page 2, the City of Palm
Springs is seeking qualified architects to provide on -call architectural services to
the City. Architects will generally supplement their team with sub -consultants that
may have certain expertise, they will show this as described in the Firm and Staff
Qualifications section of the RFSOQ on page 5.
Q 4: Which pages from exhibit "E" shall be inserted into our response? Entire contract? Or
just a statement acknowledging Exhibit E?
A 4: On page 22 of the SOQ, the first paragraph states, "Please review the Request for
SOQ and Agreement. If your company would like to request any modifications to
the Agreement or take exception to language in the Request for SOQ, identify all
requested changes or exceptions as Attachment "E" in your SOQ. If you have no
requested changes or exceptions, then identify that in Attachment "E" of your
SOQ.
Q 5: Exhibits "A" through "D" are located on pages 14 - 18, but similarly there are Exhibits
"A" through "E" on pages 43-47 of the SOQ at the end of the Master Agreement. Should
we insert both into our response as they differ from one another? Please clarify.
A 5: Pages 14-18 are marked "Attachments" which are required submittals with your
SOQ. Pages 43-47 are marked "Exhibits". These are exhibits only to the contract
services agreement. Per the SOQ document, please refer to page 22, second
paragraph states that "Please note the exhibits in the attached Agreement are
intentionally not complete. These exhibits will be negotiated with the selected
Consultant(s) and will appear in the final Agreement executed between the
parties. "
Q 6: Do you require examples and resumes from possible sub consultants? The structure of
the last paragraph in "firm and staff qualification" on page 5 seems to suggest that we
need only list them as part of an organizational chart. Please clarify.
A 6: Resumes can be included but are not required for anyone on your team. We have
received proposals in the past with no resumes and some with resumes for every
single person including subs. Whatever you feel best demonstrates the abilities
of your team members should be included in your proposal.
Q 7: If you do require full references from our proposed sub consultant team may we add
them as an appendix as this would constitute more pages than is allowable?
A 7: Full references of your subs can be included but are not required. Any information
included in addition to the 30 allowed pages will not be scored.
Q 8: Where will the Addenda be posted?
A 8: All addendums will be posted on the City's website on the Procurement &
Contracting page under "Open Bids & Proposals".
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 2, 2021
ADDENDUM ACKNOWLEDG
Proposer Firm Name: Urr is Ma s ArPwcts
Authorized Signature:
Date: 3/24/2021
Acknowledgment of Receipt of Addendum 1 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOQ
being deemed non -responsive.
SOQ #08-21
y ON -CALL ARCHITECTURAL SERVICES
' ADDENDUM NO. 2
At This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q1: Regarding Section 4. Reference Project, is the second set of bullets (beginning with
"Responsiveness and attentiveness to client needs") meant to be in support of the
reference project specifically, or can these topics address our firm's work/experience
more generally?
A1: It is meant to be specific to the chosen reference project.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
•
Procurement & Contracting Manager, Acting
DATE: March 10, 2021
ADDENDUM ACKNOWLEDGM
Proposer Firm Name: Urru 'a Mar s Ar ects
Authorized Signature:
Date: 3/24/2021
Acknowledgment of Receipt of Addendum 2 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOQ
being deemed non -responsive.
ya.. .c
SOQ #08-21
ON -CALL ARCHITECTURAL SERVICES
Q ADDENDUM NO. 3
This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: Are there minimum inclusivity thresholds to attain across the consultant team? If so, how
is this factored into the scoring?
A 1: No there are no inclusivity thresholds.
Q 2: If some, but not all, of the consultants on a team meet the criteria of a local business,
does that mean the team would only get partial points, or would they get the full 5 points?
A 2: As per the SOQ document on page 6-7 "Pursuant to Palm Springs Municipal Code
Section 7.09.030 Local Business Preference Program, the Local Preference in Services
does apply. In order for a local business to be eligible to claim the local preference, the
local business must request the consideration of the local preference program (see
Attachment A) in this section of the SOQ and provide a copy of its current business
license from a jurisdiction in the Coachella Valley showing the address of the business is
located in the Coachella Valley".
"Local business" means a vendor, contractor, or consultant who has a valid physical
business address located within the Coachella Valley, at least six months prior to bid or
proposal opening date, from which the vendor, contractor, or consultant operates or
performs business on a day-to-day basis, and holds a valid business license by a
jurisdiction located in the Coachella Valley. Post office boxes are not verifiable and shall
not be used for the purpose of establishing such physical address.
"Coachella Valley" means the area between the Salton Sea on the south, the San Jacinto
and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the
east and north. For the purposes of this definition, "Coachella Valley" includes the cities
of Beaumont and Banning and the unincorporated areas between Banning and the City
of Palm Springs.
Q 3: Will the questions from and answers to other teams' clarifications be shared with all
teams?
A 3: All questions received will be answered and published in addenda's and made
public to all interested vendors.
Q 4: Which Attachment(s) are required to be completed by Sub -Consultants, if any?
A 1: None of the attachments are required to be completed by the sub -consultants.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 16, 2021
ADDENDUM ACKNOWLEDG NT:
Proposer Firm Name: U uti ark itects
Authorized Signature:
Date: 3/24/2021
Acknowledgment of Receipt of Addendum 3 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOQ
being deemed non -responsive.
s
SOQ #08-21
ON -CALL ARCHITECTURAL SERVICES
ADDENDUM NO. 4
This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: Who are the architecture firms that are on the City's current Architecture On -Call?
A 1: Interactive Design Corporation, James Cioffi Architect, M. Arthur Gensler &
Associates, Urrutia A/A & Associates (now Uruutia Marks Architects)
Q 2: Does the scope of work include attending any commission hearings outside of those
required for projects which we are contracted for?
A 2: The scope of work only includes meetings for which you are contracted to
complete.
Q 3: What is the general scale of projects? (Small = ADA improvements / Medium = Historic
Preservation or Space Planning / Large = Full Remodel or New Construction)
A 3: This scope of work will cover small, medium and large projects.
Q 4: Which department / Staff person will be the main point of contact for project
coordination?
A 4: The Engineering Division will be the main point of contact for this contract. Each
individual project will have a project manager from the Engineering Division
assigned. Projects will be distributed amongst the staff by the City Engineer or
his/her designee.
Q 5: Will the city assign their own 'project manager' for each respective project?
A 5: The City Engineer or his/her designee, will assign a staff person as the City's
project manager for each task that will be assigned to on -call architects.
Q 6: Would our firm + team members be precluded from other/future opportunities?
A 6: If selected to be an on -call architecture firm for the City and subsequently the City
puts out a Request for Proposals on a separate project (usually high profile like a
new Main Library), your firm will still be allowed to submit proposals on the stand
alone project.
Q 7: If a consultant is non -local, but their executive architect (sub -consultant) is a Coachella
Valley -certified business, can you confirm that the full 5 points will be awarded? If not,
how will it be applied?
A 7: Per the language in the SOQ, five (5) points will be awarded to a consultant that
requests consideration of the local business preference and qualifies as a local
business. A consultant that does not meet the definition of "local business" in
the SOQ will not be awarded any points. For example, a consultant that does not
operate or perform business on a day to day basis within the Coachella Valley
would not be eligible for consideration of the local business preference, even if
they employ a sub -consultant that meets the definition of a local business.
Q 8: Can the 30-page 8.5x11 presentation be horizontally formatted for better full -screen
viewing, given that it is a digital submission?
A 8: Yes, your response file can be submitted in portrait or landscape orientation.
Q 9: Can more than one Reference Project be submitted if a team includes sub -consultants
with significant on -call municipal experience?
A 9: To compare proposals, the one reference project will be used for scoring.
However you can provide reference projects in other parts of the proposal to
demonstrate the abilities of your company and team.
Q 10: Does the submittal of Attachment "E" in the proposers' SOQs also include the entire
text of the Sample Professional Services Agreement for On -Call Services even if we
have either no requested modifications or requested modifications that we can either
describe on the Attachment "E" sheet (page 22 of the Request for SOQ) or just attach
the sheets of the Sample Agreement on which we may mark such requested
modifications?
A 10: Submit only the pages with your exceptions to the language and your
requested modifications in order to keep pages to a minimum. if you have no
requested changes or exceptions, then identify that in Attachment "E" of your
SOQ.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 18, 2021
ADDENDUM ACKNOWLEDG NT:
Proposer Firm Name: Ur utia rks hitects
Authorized Signature:
2
Date: 3/24/2021
Acknowledgment of Receipt of Addendum 4 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOQ
being deemed non -responsive.
CITY OF PALM SPRINGS BUSINESS LICENSE
3200 E TAHQUITZ CANYON WAY, PALM- SPRINGS, CA 92262 (760) 323-8289
PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY.
BUSINESS NUMBER: 20021848 EXPIRATION TAX/ADbIIN. FEE CERT NO
BUSINESS TYPE: ARCHITECTURE 11/30/2021 100.00 85173
OWNER NAME: DANIEL MARKS 11/30/2021 133.00 85174
11/30/2021 21.00 85175
11/30,12021 4.00 85179
BUSINESS NAME: URRUTIA MARKS ARCHITECTS
BUSINESS ADDRESS: 165 N LURING DR
PALM SPRINGS, CA 92262
URRUTIA MARKS ARCHITECTS ISSUANCE OF THIS LICENSE DOES NOT ENTITLE
165 N LURING DR THE LICENSEE TO OPERATE OR MAINTAIN A
BUSINESS IN VIOLATION OF ANY OTHER LAW
PALM SPRINGS CA 92262 OR ORDINANCE. THIS IS NOT AN ENDORSEMENT
OF THE ACTIVITY NOR OF THE APPLICANN'T'S
QUALIFICATIONS.
MUST BE POSTED IN A CONSPICUOUS PLACE
4 ppLM Sp .r
Statement of Qualifications for Architectural Services 'uoyN'
City of Palm Springs SOQ#08-21
March 24, 2021 .......P'
q��FORN�
e i
ATTACHMENT "B"
NON -COLLUSION DECLARATION FORM
The undersigned, deposes and says that he, she or they is/are an authorized representative of
Marks Architects, Inc. dba Urrutia Marks Architects the party making the foregoing SOO.
(name of company)
• That the SOO is not made in the interests of. or on the behalf of. any undisclosed person,
partnership, company, association, organization, or corporation
• That the SOO is genuine and not collusive or sham
• That the proposer has not directly or indirectly induced or solicited any other proposer to put
in a false or sham SOO, and has not directly or indirectly colluded, conspired. connived, or
agreed with any proposer or anyone else to put in a sham SOO. or that anyone shall refrain
from proposing
• That the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the SOO price of the proposer or any other
proposer, or to fix any overhead, profit, or cost element of the SOO price, or of that of any
other proposer, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract
• That all statements contained in the SOO are true
• That the proposer has not, directly or indirectly, submitted his or her SOO price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereof,
or paid, and will not pay, any fee to any corporation, partnership, company, association,
organization, proposal depository, or any other member or agent thereof to effectuate a
collusive -or sham SOO.
• Any person executing this declaration on behalf of a bidder that is a corporation, partnership,
joint venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute. this declaration on
behalf of the bidder.
NAME and TITLE of Authorized Representative:
(Print)
David W_ Clarke, Vice President
Signature an iz
i d Representative:
(Sign) (Date) March 24, 2021
PALM sA,.
Statement of Qualifications for Architectural Services�yN'
kA City of Palm Springs SOQ#08-21
March 24, 2021 4
ATTACHMENT "C"
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION
Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or
shall have any direct or indirect financial interest in the Agreement nor shall Consultant enter
into any agreement of any kind with any such officer or employee during the term of the
Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or
given, and will not pay or give, any third party any money or other consideration in exchange
for obtaining the Agreement.
Covenant Against Discrimination. In connection with its performance under the Agreement.
Consultant shall not discriminate against any employee or applicant for employment because
of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin
( i.e., place of origin. immigration status, cultural or linguistic characteristics, or ethnicity),
sexual orientation, gender identity, gender expression, physical or mental disability, or medical
condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed,
and that employees are treated during their employment, without regard to any prohibited
basis. As a condition precedent to City's lawful capacity to enter the Agreement, and in
executing the Agreement, Consultant certifies that its actions and omissions hereunder shall
not incorporate any discrimination arising from or related to any prohibited basis in any
Consultant activity, including but not limited to the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising: layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship; and further, that
Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section
7.09.040, including without limitation the provision of benefits, relating to non-discrimination in
city contracting.
NAME OF COMPANY: Marks Architects, Inc dba Urrutia Marks Architects
NAME and TITLE of Authorized Representative:
(Print) David W. Clarke, Vice President
Signature a4 D_ate If Aud Representative:
11MM(Date.
7
Statement of Qualifications for Architectural Services
City of Palm Springs SOQ#08-21
March 24, 2021
ATTACHMENT " D"
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1.
Name of Entity
Marks Architects, Inc.
2.
Address of Entity (Principle Place of Business)
2643 4th Ave., San Diego, CA 92103
3.
Local or California Address (if different than #2)
165 N. Luring Drive, Palm Springs, CA 92262
4.
State where Entity is Registered with Secretary of State
California
If other than California, is the Entity also registered in Califomia? Yes No
5.
Type of Entity
® Corporation ❑ Limited Liability Company [:]Partnership [:]Trust ❑ Other (please specify)
6.
Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify)
Note: If any response is not a natural person, please identify al/ officers, directors,
members, managers and other fiduciaries for the member, manager, trust or other
entity
M�`� Officer ❑ Director []Member ❑ Manager
.
(name)
❑ General Partner []Limited Partner
❑ Other
[:]Officer [-]Director ❑ Member 7 Manager
[name]
[1 General Partner 7 Limited Partner
❑ Other
❑ Officer ❑ Director ❑ Member ❑ Manager
[name]
❑ General Partner ❑ Limited Partner
❑ Other
r,,�Qp�MSA,
Statement of Qualifications for Architectural Services
City of Palm Springs SOQ#08-21
March 24, 2021 f�'
7. Ownerslinvestors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
50% ABC COMPANY, Inc.
[name of ownerlinvestor]
[percentage of beneficial interest in entity and
name of entity)
A.
/gyp C,
[name of ownerlinvestor]
[percentage of beneficial interest in entity
and name of entity]
B.
[name of ownerlinvestor]
[percentage of beneficial interest in entity
and name of entity]
C.
[name of ownerlinvestor]
[percentage of beneficial interest in entity
and name of entity]
D.
[name of ownerlinvestor]
[percentage of beneficial interest in entity
and name of entity]
E.
[name of ownerlinvestor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosi Party, Printed Date
Name, Title
PALM Sp'
4
Statement of Qualifications for Architectural Services •'' s
City of Palm Springs SOQ#08-21
.
March 24, 2021 P
ATTACHMENT "E"
SAMPLE PROFESSIONAL SERVICES AGREEMENT FOR ON -CALL SERVICES
Please review the Request for SOO and Agreement. If your company would like to request any
modifications to the Agreement or take exception to language in the Request for SOO, identify all
requested changes or exceptions as Attachment "E" in your SOO. If you have no requested
changes or exceptions, then identify that in Attachment "E" of your SOO.
Please note that the exhibits in the attached Agreement are intentionally not complete. These
exhibits will be negotiated with the selected Consultant(s) and will appear in the final Agreement
executed between the parties.
On page 12 In Section 6.1, we request the deletion of the text related to "defend". Also on the same
page in Section 6.2. we request the deletion of the text relating to "defend". Please see the markup
on the next sheet of this SOO.
David W. Clarke, Urrutia Marks Architects, Vice President
A Sample of the City's Professional Services Agreement for On -Call Services
are on the pages that follow
C. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
D. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies. All certificates of insurance and endorsements are to be
received and approved by the City before work commences. All certificates of insurance must
be authorized by a person with authority to bind coverage, whether that is the authorized
agent/broker or insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Consultant's obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by
law. Consultant shall ,indemnify, protect, and
hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively
the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims,
demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including
but not limited to Claims arising from injuries to or death of persons (Consultant's employees
included), for damage to property, including property owned by City, for any violation of any
federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident
to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers,
employees, representatives, and agents, that arise out of or relate to Consultant's performance of
Services or this Agreement. This indemnification clause excludes Claims arising from the sole
negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the
insurance requirements and limits set forth in this Agreement be construed to limit Consultant's
indemnification obligation or other liability under this Agreement. Consultant's indemnification
obligation shall survive the expiration or earlier termination of this Agreement until all actions
against the Indemnified Parties for such matters indemnified are fully and finally barred by the
applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Professional Services Indemnification and Reimbursement. If
Consultant's obligation to-defm indemnify, and/or hold harmless arises out of Consultant's
performance as a "design professional" (as that term is defined under Civil Code section 2782.8),
then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated
herein, Consultant's indemnification obligation shall be limited to the extent which the Claims
arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining
12 Revised: 511120
55575.18165\32900157.2
EXHIBIT "D"
SCHEDULE OF COMPENSATION
Rev 511120
55575 18165' 32900159 2
Statement of Qualifications for Architectural Services •'�� �y
City of Palm Springs S00#08-21
--� March 24, 2021�
COST PROPOSAL
Urrutia Marks Architects' 2021 Hourly Rates
Principal Architect.........................................$225.00/hour
Sr. Project Manager......................................$175.00/hour
AIT/Technician............................................... $100.00/hour
Subconsultant Engineers..............................$250.00/hour
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
The services provided hereunder this Agreement shall occur on an as -needed "on -call" basis, pursuant to
separate individual Task Orders or Purchase Orders. The City and Consultant shall agree on a schedule of
performance for scopes of work on assigned projects.
END OF EXHIBIT "E"
Rev. 5/1 /20
55575 18165'32900159 2
CHURCH MUTUAL INSURANCE COMPANY, S.I.
3000 Schuster Lane, P.O. Box 357, Merrill, WI 54452-0357
Phone: (715) 536-5577 or 1-800-554-2642
ADDITIONAL INSURED OR CERTIFICATE HOLDER
NOTICE OF CANCELLATION OR NONRENEWAL
CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262-6959
POLICY NUMBER: 0341327-02-384829 DATE OF CANCELLATION: 08/04/22
POLICY TERM: FROM: 07/01/22 TO: 07/01/23 12,01 AM Standard Time
DATE OF NOTICE: 07/13/22
KIND OF POLICY: Series A Multi -Peril Policy RECEIVED
NAMED INSURED: JUL 18 2022
JEWISH COMMUNITY CENTER OF PALM SPRINGS INC
332 W ALEJO RD Office of the City Clerk
PALM SPRINGS CA 92262-5606 y
You are hereby notified that the above policy, issued to the above insured, is hereby cancelled or
nonrenewed in accordance with the conditions of the policy, said cancellation or nonrenewal to be
effective on and after the hour and date mentioned above.
Specific information concerning the cancellation or nonrenewal has been given to the insured.
CHURCH & CASUALTY INSURANCE AGENCY 75-133
3440 IRVINE AVE, SUITE 150
NEWPORT BEACH, CA 92660
(800) 995-7525
Authorized Representative
CANC 0001 (01-20)
CHURCH MUTUAL INSURANCE COMPANY, S.I.
3000 Schuster Lane, P.O. Box 357, Merrill, WI 54452-0357
Phone: (715)536-5577 or1-800-554-2642
REINSTATEMENT NOTICE
CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262-6959
POLICY NUMBER: 0341327-02-384829 REINSTATEMENT DATE: 07/14/22
DATE OF NOTICE: 07/15/22 12:01 AM Standard Time
POLICY TERM: FROM: 07/01/22TO: 07/01/23
KIND OF POLICY: Series A Multi -Peril Policy
NAMED INSURED:
JEWISH COMMUNITY CENTER OF PALM SPRINGS INC
332 W ALEJO RD
PALM SPRINGS CA 92262-5606
The above policy has been reinstated on the date and time shown above, with no
lapse in coverage. Please disregard the Notice of Cancellation previously sent
to you.
REASON FOR REINSTATEMENT:
PAYMENT RECEIVED
CHURCH & CASUALTY INSURANCE AGENCY 75-133
3440 IRVINE AVE, SUITE 150
NEWPORT BEACH, CA 92660
(800)995-7525
(7 RECEIVED
UUL 19 2022
Office of ..__ City Clerk
Authorized Representative
I7/'q�Z
CHURCH MUTUAL INSURANCE COMPANY, S.I. dd �8 77
3000 Schuster Lane, P.O. Box 357, Merrill, WI 54452 0357 TT
Phone: (715)536-5577 or1-800-554-2642
ADDITIONAL INSURED OR CERTIFICATE HOLDER
NOTICE OF CANCELLATION OR NONRENEWAL
CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262-6959
POLICY NUMBER: 0341327-02-384829 DATE OF CANCELLATION: 03/08/23
POLICY TERM: FROM: 07/01/22 TO: 07/01/23 12:01 AM Standard Time
DATE OF NOTICE: 02/14/23
KIND OF POLICY: Series A Multi -Peril Policy
NAMED INSURED:
JEWISH COMMUNITY CENTER OF PALM SPRINGS INC
332 W ALEJO RD
PALM SPRINGS CA 92262-5606
You are hereby notified that the above policy, issued to the above insured, is hereby cancelled or
nonrenewed in accordance with the conditions of the policy, said cancellation or nonrenewal to be
effective on and after the hour and date mentioned above.
Specific information concerning the cancellation or nonrenewal has been given to the insured.
CHURCH & CASUALTY INSURANCE AGENCY 75-133
3440 IRVINE AVE, SUITE 150
NEWPORT BEACH, CA 92660
(800)995-7525
Authorized Representative
RECEIVED
FEB 2 12023
City Hall
Reception Desk
CANC 0001 (01-20)