HomeMy WebLinkAboutA8869 - DAVID VOLZ DESIGN LANDSCAPE ARCHITECHT
City of Palm Springs
Engineering Services Department
3200 East Tahquitz Canyon Way • Palm Springs, California 92262
Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov
June 10, 2024
David Volz Design Landscape Architects, Inc.
ATTN: David Volz, President
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
Re: Professional Services Agreement No. 8869 for On-Call Landscape Architectural
Services
Dear Mr. Volz,
The referenced agreement expires on June 30, 2024, and in accordance with Section 3.4
of said Agreement may be extended at the discretion of the City Manager. This is to
inform you that we wish to extend the Agreement for an additional year to June 30, 2025.
This is the first of two (2) one-year extensions provided for in said agreement.
If you have any questions or concerns regarding the extension of this Agreement, please
contact me at your earliest convenience.
Sincerely,
Joel Montalvo
City Engineer
Approved by:
_________________________________ _____________________________
Scott C. Stiles, City Manager Date
Please sign to agree to extend Agreement 8869 for one (1) year ending June 30, 2025.
__________________________________ _____________________________
David Volz Design Landscape Architects, Inc. Date
DocuSign Envelope ID: 4AD86427-B1F5-48C3-A7D9-C03B5E94DBC3
6/10/2024
6/10/2024
CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
ON -CALL LANDSCAPE ARCHITECTURAL SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and
entered into, to be effective this I st day of July, 2021,by and between the CITY OF PALM SPRINGS, a
California charter city and municipal corporation, (hereinafter referred to as "City") and DAVID VOLZ
DESIGN LANDSCAPE ARCHITECTS, INC., (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" Landscape Architectural
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" Landscape
Architectural 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
defined herein) (collectively referred to as the "Contract Documents"). The City's Request for Proposals
Page 1 of 19 Rev. 5r1/20
35573. 181651�79DD 159 2
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, and 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: (I") the terms of this Agreement; (2n4) 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
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.
Page 2 of 19 Rev. 511120
5557518165-329.0 IS, 2
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. §§I101, 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.
Page 3 of 19 Rev. 511120
55575 18165 -, 32900154.2
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 Scone. 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 shal I 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 shal I perform all Services within the time period(s)
Page 4 of 19 Rev 5/1l20
55575 18165'.32900159 2
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 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 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.
4. COORDINATION OF WORK
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 Volz, 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.
55575 18165132900159 2 Page 5 of 19 Rev. 511l20
4.3 Prohibition Against SubeontractiV 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 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
Page 6 of 19 Rev. 511120
55575 18165'.32900159.2
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 Iabor (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.I, 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 Tyves 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:
55575 18165132900159 2 Page 7 of 19 Rev. 5I1120
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.
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
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55575 18165.32900159 2
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. Emoloyer 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 litnit 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
the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal
requirements as provided herein.
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5557i 18165��.32900159 2
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 f -+-, 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. 511120
55575.18165t32900159 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 primacy 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 agentibroker 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 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,
55575 18165-.32900159 2 Page 11 of 19 Rev. 511120
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 defend, indemnify, and./or hold harmless arises out of
Consultant's perfonnance 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 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 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. 511120
55575 18165.32900159 2
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
Ianguage 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 maybe 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
55575 18165132900159 2 Page 13 of 19 Rev. 511/20
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*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 fill l provisions hereof.
8.6 Rights and d 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.
Page 14 of 19 Rev. 511l20
55515 18165'.32900159 2
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal
action, in Iaw or in equity, to cure, correct or remedy any default, to 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.
8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement
results in Iitigation 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 Conyright 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
55575 18165132900159 2 Page 15 of 19 Rev. 511120
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
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, 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
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: David Volz Design Landscape Architects, Inc.
Attention: David Volz, President
78060 Calle Estado
La Quinta, CA 92253
Telephone: (760) 580-5165
Facsimile: (760) 564-0369
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
Page 16 of 19 Rev. 511120
55573 18165.32900159 2
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.
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 party 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. 511120
55575 18165-.32900159 2
SIGNATURE PAGE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF PALM SPRINGS AND DAVID VOLZ DESIGN LANDSCAPE
ARCHITECTS, INC.
IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed
the day and year first above written.
ATTEST:
j
OF PALM SPRIN CAny Meji
Date: 0212.)1
APPROVED AS TO FORM:
B
Jeffr S. �ri�,City �Attom�e�
Date: �,�., _ Z o Z �
CONSULTANT
CONTENTS APPROVED:
By4—
Justin— .
dihon, City Oanager
Date: Q(OaD-�H
APPROVED BY CITY COUNCIL:
Date: 4112191 Agreement No.
r4- 13(2)
Name: David Volz Design Landscape Architects, Inc.
Check one: _Individual __Partnershipxcorporation
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: 78060 Calle Estado
La Quinta, CA 92253
B
Signature (notarized)
•r " /. QAAi
y.
Signature (notarized)
Name: [�
Title:
Page 18 of 19 Rev. 511/20
55575 18165-.32w[10 ;,� : See Notary
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55575 18165.32900159 2
5J112{I
Rev.
CERTIFICATE BY SECRETARY
I DO HEREBY CERTIFY AS FOLLOWS:
That I am the duly elected, qualified and acting Secretary of the above-nanied corporation,
that the foregoing Bylaws were adopted as the Bylaws of said corporation on the date set forth above
by the person(s) named in the Articles of Incorporation as the Incotl)orator(s) of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this
day o 1,rAAZM1 , 1999.
OLZ,
Secretaty
EXHIBIT "A"
SCOPE OF SERVICES
The selected firms shall provide first-rate landscape 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 site improvement plans including but not limited to landscaping,
irrigation, grading, planting, lighting/electrical plans, including design details, cost estimates,
working drawings, construction documents, specifications, and bid documents, as needed, for
new infrastructure, upgrades to existing infrastructure, or general aesthetic improvements for
the City.
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. Providing design for areas adjacent to designated historical buildings (such as a courtyard),
including where alteration and renovation projects are on historic sites. This may include
project design, research, evaluation, planning, incorporation of current handicapped
accessibility regulations, and other services incidental to the project.
4. Preparing feasibility studies, preliminary documents, for new, renovation, and alteration
projects, such as park playground areas, dog parks, tennis courts, pickleball courts, baseball
fields, soccer fields, picnic areas and trailheads to name a few. Consider aesthetics, function,
using native plant species, the desert environment, maintenance requirements, amenities, and
providing shade.
5. Providing construction advisement and/or construction management services, value
engineering and advice on projects that will be constructed in phases.
6. Prepare documentation, assist in warranty review, participate in project closeout, and provide
as -built record drawings as needed.
7. 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.
8. 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 is 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 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
55575 18165'-32900159 2 Rev. 511120
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
landscape 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
landscape architect for consideration and reserves the right of approval of any sub -consultant 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 a project or task for our on -call landscape architecture 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 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 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 landscape architectural firm.
55575 18165-,32900159 2 Rev 511120
EXHIBIT I'D"
CITY'S REQUEST FOR PROPOSALS
55575 1816512900159 2 Rev VIM
N
ON -CALL
LANDSCAPE
ARCHITECTURE
SERVICES
010
I
ON -CALL
SOQ#09-21
LANDSCAPE ARCHITECTURE
SERVICES
CITY OF PALM SPRINGS, CALIFORNIA
REQUEST FOR
STATEMENT OF QUALIFICATIONS (SOQ)
The City of Palm Springs ("City") is seeking qualified
professionals ("Consultants") to provide "on -call" landscape
architecture 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 and the Main Library, to name a few. The City
is home to ten parks, with an eleventh currently under
construction.
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 this on -
call landscape architecture services include, but are not
limited to, the following: landscaping, planting and irrigation
plans for parks, street medians, sports fields (softball, soccer),
playground areas, sitting areas, courts (basketball, tennis,
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pickleball), demonstration gardens, dog parks, trailheads, picnic areas, shade structures and
general landscaping around existing buildings to name a few.
The selected Consultants shall be required to demonstrate successful experience and capacity to
provide landscape architecture 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. In addition, large projects, as determined by City staff, may be solicited by a separate
procurement, to obtain the best-qual,fied 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 landscape
architecture 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 landscape architecture services on
an as -needed basis for various City projects as assigned Responsibilities may include, but are not
limited to, the following:
4, Leading a team to prepare site improvement plans including but not limited to landscaping,
irrigation, grading, planting, lighting/electrical plans, including design details, cost
estimates, working drawings, construction documents, specifications, and bid documents,
as needed, for new infrastructure, upgrades to existing infrastructure, or general aesthetic
improvements for the City.
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. Providing design for areas adjacent to designated historical buildings (such as a
courtyard), including where alteration and renovation projects are on historic sites. This
may include project design, research, evaluation, planning, incorporation of current
handicapped accessibility regulations, and other services incidental to the project.
4. Preparing feasibility studies, preliminary documents, for new, renovation, and alteration
projects, such as park playground areas, dog parks, tennis courts, pickleball courts,
baseball fields, soccer fields, picnic areas and trailheads to name a few. Consider
aesthetics, function, using native plant species, the desert environment, maintenance
i requirements, amenities, and providing ishade. 1
5. Providing construction advisement and/or construction management services, value
engineering and advice on projects that will be constructed in phases.
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6. Prepare documentation, assist in warranty review, participate in project closeout, and
provide as -built record drawings as needed.
7. 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.
8. 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 projipct 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 SOOs 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
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.
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STATEMENT OF QUALIFICAITONS REQUIREMENTS
Consultants must submit their SOQ in the order provided below. The SOQ must be in an 8'/z" 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 landscape architecture
services, price is NOT an evaluation criterion. 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 landscape architecture services to the City. You
may include a list of other public agencies your firm is providing similar on -call landscape
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 landscape architecture
services in the City and Coachella Valley. Identify any key or critical issues that you foresee
may be encountered while providing on -call landscape architecture services. Describe your
firm's method to ensure its projects are delivered to clients on time and within your clients
budget. Provide examples of projects that highlight your ability to provide the scope of work.
Reference projects, that are in addition to the example provided in section 4, should be
included in this section.
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 shaii 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 landscape architecture
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
landscape architecture services. (15 points) If you would like to include additional reference
projects please include them under Firm and Staff Qualifications.
• 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 your firm'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 landscape architecture and
construction trends
• Creative design
• Sensitivity to funding constraints
• 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 reports to City Council
• 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 Leguest 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.
6
"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
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.
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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.GilenoCa7.palmspringsca.gov
by 3:00 PM, on March 25, 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 SOQ. 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:
SOQ 09-21-YourCompanylnc-SOQ
SOO 09-21-You rCompanylnc-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, April 9, 2021. Late submissions will be
rejected-
https.,//sipaces.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 SOQ, 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 SOQ shall
be responsible. If it is found that a Consultant is not responsible (e.g., has not paid taxes, is not a
X,
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: t) 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
10
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 tyre 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: Submissi;)r, 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
11
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
12
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 ) El 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, write NIA.)
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.
I 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
_ T , the paT-ty 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 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 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 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 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)
Signature and Date of Authorized Representative:
(Sign)
15
(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)
(Date)
ATTACHMENT "D"
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
I .
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 Califomia, is the Entity also registered in California? Yes No
6.
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 emit
EXAMPLE
JANEDOE
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 ownerlinvestor]
[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 I Date
Name, Title
18
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
(a) 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.).
IL]
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
City requires the services of a
("Project").
B. Consultant has submitted to City a proposal to provide
to City under the terms of this Agreement.
for
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
55575 18165.329001572
1 Revised: 511 /20
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"d) 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
"C").
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.
Revised 511120
55575 18165'.32900157 2 Y
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 $25,000, whichever is less, or in the time to perform of up
to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to
perform any extra work. Any greater increases, occurring either separately or cumulatively,
must be approved by the Palm Springs City Council. It is expressly understood by Consultant
that the provisions of this section shall not apply to the services specifically set forth or
reasonably contemplated within the Scrape of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement,
Consultant shall be compensated by City in accordance with the Schedule of Compensation,
which is attached as Exhibit "D" and incorporated herein by this reference. Compensation shall
not exceed the maximum contract amount of [INSERT NOT TO EXCEED CONTRACT
AMOUNT] Dollars, ($ ) ("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
55575 18165.32400157.2 3 Revised: 511120
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 Scope. 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 Appropriations. 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: 5/1120
55575 1816532400157 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], I [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
55575 18165 32900157 2
5 Revised- 5/1/20
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.
Revised 5l1120
55575 18 165'- 32900 15 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- 511120
5�.0'; 18165324001572
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 terns of this
Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain,
Revised: 5/1120
55575 18165' 32400157 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. Eml2loyer 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,
55575 18165-.32900157 2
9 Revised: 511 /20
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.
1. 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
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. 511120
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
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).
Revised. 511120
55575 18165-.32900157 2
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
55575 18165-.32900157 2 12 Revised: 511/20
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 cif 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- 511l20
55575 18165 329001572
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 1554) 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, hershe 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 5fir24
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 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.
8.6 Le al 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 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
5557518165.32400157 2
15 Revised: 511120
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 Covvright Infrin eg ment. 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- 511120
55575 18165 324001572
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 ur 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 511 /20
SS3T3 1810*- 5���00157 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 Iimitation, 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.
10.5. 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]
55575 18165 32900157 2 18 Revised 511/20
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.
"CITY"
City of Palm Springs
Date:
APPROVED AS TO FORM:
By:
Jeffrey S. Ballinger,
City Attorney
APPROVED BY CITY COUNCIL:
Date: Agreement No.
By:
David H. Ready, PhD
City Manager
ATTEST
By:
Anthony Mejia,
City Clerk
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or an) Vice President The
second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer
CONSULTANT NAME:
Check one — Indwidual _ Partnership _ Corporation
Ad" -3s
By
Signature (Notarized)
By
Signature (Notarized)
19 Revised: 511 /20
55575.18163132900157 2
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h4therltheir authorized capecity(mie). and th3i by hialherlther aignahue(a) on the iriziburn rit the paraon(a),
or the entity upon behalf of which the persona) acted, executed the inetr rnent
i certify under PENALTY OF PEWURY under the Iowa
of the State of California that the foregoing paragraph
i3 true and correct
WffNESS my hand and otficiat seal.
Signature
SgpMd re Of ftfwy PaWic
Piece NOfary Sod Above
OPTIONAL
Thoto this section is ophorrat oomplafing this Irdbmiabon can deter altarstvn of the docunierit or
fiaudrterif reetfaoilmerd of tide Amm to an urmianded docunw it
Description of Attached Document
Tdfe or Type of Dooumeint
Number of Pages:
r.1jr ^UR ,t9
Signer(a) Other Than Named Above.
Capecity(res) Claimed by Signer(a)
Signers Name:
❑ Corporate Officer — Tdle(s):
❑ PBrtnw — ❑ Limited ❑ Gonerel
❑ Individual ❑ Attorney in Fact
❑ Truatee ❑ Guardian or Conservator
❑ Other.
Signer fa Representing:
Signer a Name:
❑ Corporate Officer — T'dfe(a)
❑ Partner — ❑ United [I General
❑ inamivat ❑ Attorney in Fact
❑ Tnrstee ❑ Ouwdan or Conservator
❑ Outer
Signior b Ftepre3erdiinW
4M4 NaWnd Notary Assmishm • www.Natcna*4otety org • 1 SUS NaiARY (1-BOIF876-9827) ttam ft=
() Revised 511120
53375 18165 32940157 2
EXHIBIT "A"
SCOPE OF SERVICES
55575 18165-.32900157 2 1 Revised: 5/1/20
EXHIBIT "B"
CITY'S REQUEST FOR PROPOSALS
55575 l S 165-.32900157 2 2 Revised: 511 /20
EXHIBIT "C"
CONSULTANT'S PROPOSAL
3 Revised 511/20
55573 18165-32944157.2
EXHIBIT "D"
SCHEDULE OF COMPENSATION
55575 18165'.32900157 2 24 Revised: 511/20
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
5 Revised. 5/1/20
55575 I S 165'-.32400157 2
.; 04 0 ge- `y �� SOQ #09-21
ON -CALL LANDSCAPE ARCHITECTURAL SERVICES
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:
Q 1: We received the email below regarding SOQ 09-21 but do not see Golf Course
Design in the scope. Could you please confirm whether there is a need for golf
course design services in this particular SOQ?
A 9: There is no need for golf course design services in this SOQ.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 18, 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.
off;{r.
F- SOQ #09-21
ON -CALL LANDSCAPE ARCHITECTURAL SERVICES
ADDENDUM NO. 2
�,q`'r'A 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: May a front cover and table of contents be included? If so. may it be excluded from the page
count?
A 1: Front cover and table of contents (not required) are included towards the 30 page count.
Q 2: Is the Cost Proposal included in the page count?
A 2: No
Q 3: Can the local business preference apply if we have included a certified local business as a sub
consultant on our team?
A 3: Per the language in the SOO, 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 SOO 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.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 22, 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.
SOQ #09-21
ON -CALL LANDSCAPE 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 Is the 30 page limit for double sided or single sided printing
A l: Double sided.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 25, 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.
EXHIBIT "C"
CONSULTANT'S PROPOSAL
55575 18155'l29Q6159 2
Rev 511120
STATEMENT OF QUALIFICATIONS
To Provide Professional Landscape Architectural Design Services for
CITY OF PALM SPRINGS
ON -CALL LANDSCAPE ARCHITECTURE
SERVICES
A1 L ,
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L);F�s,:g n€ng landscape:. that create community A-k[t-ts ,""� IN,y P,"a T� ,
........... ...................................................... 4................ MWITIM
utwdscupe fkreh%tectr alwt Pane Plawwers
April 1, 2021
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE- PROPOSAL TO PROVIDE PROFESSIONAL ON -CALL LANDSCAPE ARCHITECTURAL SERVICES
To whom it may concern,
Palm Springs has a great inventory of parks and public landscapes. The creative designers at David Volz
Design has a long history of designing award winning parks throughout Southern California. We have
worked with hundreds of cities providing a variety of multidiscipline professional design, planning, and
construction support related services for capital improvement projects associated with parks and recreation,
streets, and neighborhood revitalization. Our firm would very much like to assist in the development of
future outstanding public landscape projects as a member of your design team.
EXPERIENCE IN PROVIDING ON -CALL CAPITAL IMPROVEMENT PROJECT DESIGN SERVICES. DVD is
currently providing professional on -call as -needed design services to two dozen public agencies. Under
these commissions we provide public facilities, park and green way planning and design, peer review,
standards development and budgeting services as active city staff extension professionals.
QUALIFICATIONS OF THE DESIGN TEAM I, David Volz, will be the point of contact for you and your staff. I
have for over three decades provided scores of public agencies with on -call consulting services. My firm has
specialized in the delivery of public projects including dozens of CPRS, APWA, APA Award -winning projects.
Mr. Gary Vasquez, DVD's director of design and project manager, will provide the creative flair that makes
DVD designed landscapes special. Our project professional staff will ensure project implementation. Our
firm has proven expertise in managing multi.discipline project teams delivering quality design documents
and maintaining strong relationships with all our design team partners and public agency clients.
David Volz Design has a very creative design team and our desire to be Palm Springs' design partner will
be evidenced in our energy and enthusiasm every step of the way. My firm and I look forward to working
with your city's team and the citizens of Palm Springs on all your important park and landscape projects
Very truly yours,
10"110 ILY40 WJ 11116SI i\
A---- -
David J. Volz, R.L.A. # 2375
LEED Accredited Professional, QSD/QSP
DESIGNING LANDSCAPES THAT Corporat#Office Coachella valley Office 5afiJoseOflice
CREATE COMMUNITY f311;e Si,'„ k,,. 78061) Cella E"l tflo i I North rv+ar:rcl stf�.�t suit. 300
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FIRM PROFILE
David Volz Design (DVD) is committed to the
creative design of outstanding public spaces. We
develop landscapes, parks, sports fields, and
streetscapes to meet the specific needs
of their communities. DVD designs
special environments for those who
seek recreation in a beautiful setting: i
wonderful natural environments for I
those who are simply looking for
respite, and for those who pursue _
recreation and competitive athletic '
.x
endeavors on the playing field.
Our firm capitalizes on what the
site and nature has to offer. For
all of our commissions, we work to
enhance the site's use, working within
environmentally sound parameters while '
taking full advantage of the site and its
surroundings to best service the community's
needs.
Ever mindful of our role as stewards of the land, DVD's
FIRM & STAPF QUALIFICATIONS
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PLANNING AND DESIGNING
Demonstration gardens, mitigation + restoration
Nature parks, Interpretive gardens + wilderness camps
Streetscape development + redevelopment
Community, neighborhood + mini -parks
Facility master plans + feasibility studies
School fields + campus planning
Irrigation renovation + redesign
Design guidelines + standards
TF
Sports parks + stadiums
` Grant applications
"DVD continues to
build it- reputation
00 on creativity and
service in the design
of outstanding public
spaces. We create high
duality public spaces for
our clients' communities
and neighborhoods. We
work with public agencies
and the people they
serve to develop innovative
landscapes of outstanding
beauty.'.
David Volz, President, RLA, LEED AP, QSD/QSP
design philosophy includes careful consideration for
DAVID VOLZ DESIGN LANDSCAPi:
realistic maintenance requirements and construction
ARCHITECTS. INC
cost parameters. We also embrace any opportunity
Designing landscapes that create comnumi-y
to interact with the public to create environments that
www.dvolzdesign.com
meet their needs. DVD's proven outreach approach
Founded in 1997 8 employees
has often been the catalyst for our most successful
24 years in business
David Volz RLA#2375
projects. Our proven approach and input we receive
S-Corporation-CA
Gary Vasquez RLA #3883
provides the inspiration that leads to creative and
p p
Never filed for bankruptcy
Wholly -owned Business
LEED Accredited
SBE
innovative solutions.
Ourcom an understands the importance of protecting
p Y p p g
Contact Person:
David Volz, President
Coachella Valley Office
78060 Cale Estado
the environment, protecting our resources and the
714-1541-1300
La Quinta, CA 92253
health of future generations. DVD is proud to be a LEED
dvolz@dv❑Izdesign.com
760.5805165
Accredited and a Qualified Stormwater Designer
Corporate Office �
San Jose Office
QSD company. We understand the commitment we
: 151 Kalmus Drive, Suite M8
111 North Market Street,
have to the public to deliver quality projects that offer a
Costa Mesa,CA92626 Suite 300
high return for the public funds invested; projects that
714 Ei41.1300 San Jose. CA 95113
669.4440461
can be maintained and deliver a lifetime of service to
the communities They are built for.
Like us on Facebook'
Follow us on Instragram
11
Parks and greenspaces designed by our firm have
; @davidvolzdesign
.........................................................
received awards and accolades from community
groups, civic organizations, the American Public Works
r _ A.WRiCAN
"'- stxierroE
CF7r5 iANriSCnPE
Association, the California Parks & Recreation Society,
^ ARCHITECTS r�r
and the National Recreation & Park's Society.
Cfr
ACEC A.. Q0
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRING` goray D
FIRM & STAFF QUALIFICATIONS
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ON -CALL EXPERIENCE
...............................................
COACHELLA VALLEY REGENT &
NOTABLE PROJECTS
For more than twenty years David Volz Design has been
successful in designing and completing hundreds of task
CITY OF LA QUINTA
orders for improvements under multi -task "as -needed" and
'Miles Avenue Median Turf Conversion
"on -call" agreements for local public agencies. Our success
• • Madison Street Median Turf
Conversion
and effectiveness with multi -task agreements is based on
• Community Park Spray Pad Play Area
our philosophical approach; by envisioning our team as your
: • Downtown Parking Lot
partner, virtually an extension of your staff, our collective goals
Highway 111/Point Happy widening
and desires will be aligned and focused in the same direction_
Improvements
Your needs and expectations will be our highest priority and
• Jackson Avenue Streetscape
Roundabout and Street Crossings
when you are successful, we realize our success. This close
partnership approach, this mind set, has proven successful and
CITY OF COACHELLA
highly effective in the way we interact with our clients. Currently,
• Avenue 50 Improvements
David Volz Design (DVD) has on -call agreements with two dozen
' 5th Street Prop Grant Application
public agencies in Southern California.
• 54th Avenue Streetscape
e
• Bagdouma Park Expansion
• Dateland Park Design
As part of our on -call agreements, DVD often works with multiple
: • Median Design Guidelines
city departments and oversight agencies for the successful
• Rancho Los Flores - Prop 84 Grant
completion of a task order. These projects ranged from
App.
irrigation upgrades, to preparing master plans and construction
CITY OF DESERT HOT SPRINGS
documents for neighborhood parks, golf course rehabilitation,
Palm and Pierson Improvements
trails, bikeways, parking lots and many other interesting projects.
We understand the planning process, environmental process
TY OF
or I NDIO
and the need for public works guidance and reviews. We
. Street
treet Medians Development for All
Streets North of the 10 Freeway
have designed and helped to develop projects, both large and
• Highway 111 Business District
small, which have required extraordinary mitigation measures,
Landscape Improvement Plan
engineering within tight tolerances and solutions which have
'
required unique and creative designs. We are ever mindful of
CITY OF PALM DESERT
project funding mandates and agency requirements. We have
• CV Link Painters Path
•Fred Waring Drive Median
designed projects that were federally funded, bond funded and
Improvements
multi -agency funded.
: • Tamarisk Row Drive & Country Club
' Drive
' • Streetscape Improvements
• Monterey Avenue Median
Ors -Call Contracts & MUltiple
Project Delivery
CITY OF PALM SPRINGS
• Welwood Library
City of Anaheim City of Los Angeles
• Dog Park
: . Downtown Alleyway Improvements
City of Commerce City of Ontario
. Warm Sands Median Improvements
City of Cupertino City of Pasadena
: • Visitor's Center Exterior Lighting
City of Cypress City of Pomona
City of Fullerton City of South Gate
CITY OF RANCHO MIRAGE
City of Gardena City of Stanton
•Wolfson Park Expansion
City of Indio City of Tustin
• • City Hall Campus Desertscape
City of Irvine City of Yorba Linda
Conversion
. Desert Sun Drive, Kaye Bollard Lane &
City of La Quinta Glendale Power & Water
Kersten Road Improvements
City of Laguna Niguel LACCD
• Dina Shore Median Improvements
' • Davall Median Islands Refurbishment
• Landscape Medians Guidelines
• Update
.................................................
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ON-CALI. LANDSCAPE ARCHITECTURE SERVICES, CITY
OF PALM SPRINGS Ilk VID
PRIMROSE PARK
Primrose Park is envisioned as a new recreational community
park for this central section of the City Center Community in
Temple City. This 1.1 Acre parcel of land is situated between
Temple City Boulevard and Encinita Avenue to the East and West,
and to Garibaldi Avenue and Las Tunas Drive to the North and
South. This site currently houses a recently demolished open lot,
and an approximate .5 acre public parking lot. This site has great
potential to meet the neighborhood's needs, and has a lot to offer
to this town's community. The vision of this new park is a vibrant
activity space that would include: playground, community space
for wellness activities, walking exercise loop, and a new parking
lot. The park is to have new group picnic areas, enhanced paving,
an open play lawn, benches, play equipment, fitness equipment,
bike racks, drinking fountain, flower sculpture water element,
shade structures, outdoor art piece opportunities, garden accent
plantings, perimeter landscape screening and fencing, and
new lighting. This City Park will have a new adjacent parking lot
located to the South, which will include 57 standard spaces and 3
A.D.A. accessible stalls. One of the key features of this park is the
repeated "primrose" design features that will be highlighted at both
the playground, as well as at the large group picnic gathering area.
Seatwalls and rubber play surfacing will reinforce the curved lines
of a primrose, which is also the city logo. The new park and all of
its new facilities it will house will greatly increase the usability of
this site for its neighborhood and adjacent community members,
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PROJECT EXPERIENCE
............................................
Client:
City of Temple City
Reference:
Adam Matsumoto
Parks & Recreation Director
C ty of Temple City
(626) 285-2171
amatsumoto@templecity.us
Key Elements:
• Community outreach design
approach
• Open Lawn Space
• Water -wise irrigation system
• Play area
• Water Fountain Feature
• Public Art
• Restroom
• Low maintenarit~e drought
tolerant plant--,
• Picnic area
• Exercise equipment
Services:
• (2 ) Community Outreach
Workshops & Display Exhibits
• Council & Commission
Presentations
• Concept Plan
• Construction Documents
• Bidding Assistance
• Construction Period Services
Acreage: 1.1
Start Date: May 2019
Date of Completion:
Construction in progress
Cost of Design: $195,279
Cost of Construction: TBD
DVD Project Manager:
Duane Tut
Staff: David Volz, Gary Vasquez,
Larry Poindexter, Paul Cassar,
Luis Pedraza, Dana Bull
Subconsultants:
DMS Consultants, Design West
Engineering
:............................................:
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ON -CALL LANDSCAPE ARCHITECTURE SERVICESr CITY OF PALM SPRINGS No1®rap
PROJECT EXPERIENCE
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VETERANS MEMORIAL
DVD had the great opportunity to work with the City of Pico Rivera
on improving its existing Memorial Plaza. This monument pays
tribute to the dedication and sacrifices of the City's veterans. The
DVD team worked closely with the City and Veterans Association
to ensure the new improvements satisfy their vision for the
memorial. Services included presentations, design development,
concept plans, 3D renderings, construction documentation, and
construction observation. The design, while protecting the existing
eternal flame, completely transforms the memorial plaza. At the
center of the design is a curved memorial seatwall faced with
black granite with a polished flame texture. The side of the wall
facing the street is mounted with illuminated bronze emblems
representing the 5 services of the military including the Army, Navy.
Marine Corp, Air Force and Coast Guard. On the north side of the
memorial are three 10' tali brick and granite columns honoring
the veterans of Pico Rivera and Veterans Service Clubs. Flagpoles
with flags representing the 5 military service branches frame
the columns. The DVD teamed worked closely in selecting and
working with a fabricator and material supplier for the construction
of all the granite stonework to ensure that the vision and design of
the memorial was assured in the final construction. New decorative
cut stone pavers and drought tolerant landscape were also part of
the improvements.
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Client:
City of Pico Rivera
Reference:
James Enriquez
Director of Public Works
(562) 801-4225
jenriquez@pica-rivera,org
Key Elements:
• Community outreach design
approach
• Memorial monument
• Low use water system
• Drought tolerant plantings
• Benches
Services provided:
• Community Outreach
• Master Plan
• Design Development
• Construction Documents
• Construction Period Services
Size: 5,850 SF
Start Date: June 2018
i Date of completion: May 2019
Cost of Design: $52.241.50
Cost of Construction: $421,600
DVD Project Manager:
Luis Pedraza
Staff:
David Volz, Gary Vasquez i
Subconsultants:
Design West Engineering
..............................................
ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM ;Pi INGS sosy1P
6
PROJECT EXPERIENCE
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MADISON STREET MEDIANS
The communities around Madison Street have embraced their
new "celebrate the desert" landscape improvements. The carefully
designed installation focused on strong ties to the rocky desert hills
that surround the city and the planting is now appropriate for the
desert environment. The water guzzling turf grass had to go and the
new desert friendly, creative rock garden landscape is a beautiful
bold statement in the midst of the PGA focused golf communities of
La Quinta's easterly neighborhoods. Water concerns in the Coachella
Valley require a rethinking of the street median landscapes that are
overly green and lush. For the Madison Street medians, there was
a concern that the replacement landscape might not be reflective
of the beautiful homes, gardens and green look that envelopes the
surrounding communities. The design team took on this perception as
a creative opportun-ty that required a bold and beautiful solution. The
old spray irrigation system was rebuilt with new water thrifty materials
and smart irrigation controllers. Overall water use was reduced
by 75%, say.ng an estimated 7,000 gallons of water a year. The turf
needed to go, only a few specimen olives and the stands of desert
friendly California fan palms were tagged to remain. The one mile of
medians was regraded to display a La Quinta specific desert oasis
landscape. The new medians feature agave, aloe and flowering desert
shrubs set in a rock and boulder landscape. The new installation has
been praised for the beautiful treatment of desert specific materials_
The pleasant flow of the design layout and the newly introduced trees
as well as the "saved" palms provide an artistic contrast to the golf club
landscapes in this part of the city.
.....................................
Client:
City of La Quinta
Reference:
Leonard St. Sauver
Construction Manager/
Inspection Supervisor
760 777-7048
latsauver(cD a-quinta.org
Elements:
• City beautification project
• Upgraded landscape
enhancements
• Environmentally friendly
• Low maintenance
• Drought tolerable plantings
Services provided:
• Concept De!;ign
• Construction Documents
• Bidding Assistance
• Construction Period Services
Mileage: 1
Start Date: April 2016
Date of completion: Oct 2016
Cost of Design: $38,095
Cost of Construction: $500,000
DVD Project Manager:
Paul Cassar
Staff: David Volz, Gary Vasquez,
Luis Pedraza
Subconsultants:
Heptagon Seven Consulting,
Design West Engineering
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRINGS ®o®►®o
PROJECT EXPERIENCE
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STATE STREET PARK
State Street park encompasses a 5-half acre utility overlay "found"
parcels, along a half mile stretch of Southern Avenue. These parcels
connect dozens of mid -city neighborhoods, as well as several local
schools and commercial districts, they also allow for easy access to
large city parks. Access to nature and open green space is provided
throughout this 2'/z acre park through elements including rolling turf
grass, interspersed garden spaces as well as California native plant ngs
that encompass one fifth of the site. The half -mile long park trail system
meanders through the green space and provides access to numerous
play and recreation nodes. This pathway -to -play parallels a new class
1 off street bikeway that runs the length of the project and connects to
othercity-wide trails. There are exciting play spaces, exercise equipment
pods, sports courts and picnic spaces dispersed along the liner park's
trail system. Play spaces that engage visitors in both self -directed as
well as programed play opportunities. After any given schoo day, the
park site is filled with kids traveling between school and home who stop
to recreate along this parks' pathway. There are sculptures in this park
that tie together the art and nature theme that the communty asked for
during the park planning process. An example is the metal sculptures
near the picnic shelter which are artistic interpretations of native
California plants. State Street Park enriches the community, invites and
provides access and elements of programed, prescribed and creative
play, and provides wonderful park space on "found" underutilized uti ity
corridor lands.
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.............................................
Client:
City of South Gate
i Reference:
Steve Costley
Interim Director of Parks &
Recreation
(323) 563-5494
scostley@sogate.org
Key Elements:
• Themed play area
a Community art garden
• Bio-swales
• Low maintenance drought
tolerant plants
n 1/2 basketball courts
• Picnic area
a Exercise equipment
Services provided:
a Grant Application Assistance
a Community Outreach
• Concept Design
a Design Development
a Construction Documents
• Bidding Assistance
a Construction Period Services
Acreage: (5) Half acre parcels
Start Date: Dec 2009
Date of completion: Jan 2017
Cost of Design: $225,000
Cost of Construction: $2.5 mil.
DVD Project Manager:
Gary Vasquez
Staff: David Valz, Larry
Poindexter, Paul Cassar, Luis
Pedraza
Subconsultants:
APA Engineering, Design West
Engineering
.............................................
"From Master Planning and
Community Outreach to providing
creative, sustainable and
usable designs that enhance our
community and excite our park
goers, David Volz Design has
consistently met afl expectations."
Paul Adams, Retired Director of
Parks & Recreation
Letter of Recommendation
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRINGS
�5
PROJECT EXPERIENCE
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DOG PARK
A complete renovation of the Palm Springs Dog Park on the City
Hall Campus was a high priority project for the city. Many years ago,
the facility was state of the art for its time. An artist designed fence
enclosure surrounds two paddocks, one for large dogs, one for
small. These spaces were popular with the dog loving community
in the downtown area for two decades. The drought restrictions and
deteriorating infrastructure led to a loss of turf ground cover and the
facility became a dust bowl.
A committee of community leaders, stakeholders and the Mayor
worked with the public works department and the design team to plan
a complete makeover of the facility. New ADA access and seating
areas were added. New shade trees in rock and boulder protective
islands were designed and new turf sod was placed over the newly
upgraded irrigation system.
Innovative and creative application of the water reduction mandates
allowed for a large turf grass allotment within the dog park enclosure.
By lowering water use on other areas of the city hall campus net water
use was calculated to be reduced even with a sufficient supply for the
new high -use turf. With approval of the water district, the project was
able to move ahead.
The park with new dog bone benches, doggie cooling stations, new
paved walks and lots of shade is once again a destination for the
Palm Springs dog loving community.
...............................................
Client:
City of Palm Springs
Reference:
Marcus Fu' ler, M PA, PE, PLS
Assistant City Manager/City
Engineer
(760) 322 8380
marcus.fullur@palmsprings-ca.gov
Key Elements:
• Natural Turf
• Sustainable
• Low maintenance
• Themed amenitites
• ADA accessible
Services provided:
• Community Outreach
• Concept Plans
• Construction Documents
• Construction Period Services
Start Date: Feb 2016
Date of Completion: Nov 2016
Cost of Design: $47,284
Cost of Construction: $360,000
DVD Project Manager:
Roberto Leo
Staff: David Volz, Gary Vasquez,
Paul Cassar
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ON -CALL l ANDSCAPE ARC HI I ECTURE SERVICES, CITY OF PALM SPRINGS
9
PROJECT EXPERIENCE
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MARYLAN D PARK
This special park is one of the hundred parks funded through the
state competitive grant program Proposition 84. Maryland Avenue
Park is located in the historic Tropico District. The design team
conducted extensive community outreach to develop a park program
including opportunities for public art, historical and educational
interpretive pieces, and a partnership with the local grade school
to co -manage a neighborhood garden- Murals depicting historic
Tropico fruit box labels, p'aques with history lessons, and beautiful
artistic metal gates adorn the new park. Built-in benches along a
central boardwalk, an exercise area with workout stations, a picnic
pavilion, and a raised bed community garden offer a great breadth of
uses for this high -density, multi -ethnic neighborhood tract. Neighbors
of the community are meeting each other for the first time in this
wonderful park strengthening the community image and defining
a new Tropico District in the City of Glendale. Residents feel safe
with the park's beautiful entry gate and energy -efficient night lighting.
Environmental conservation practices are demonstrated in this half -
acre space. The formerly flat site has been graded to enhance visual
interest and guide water run-off to the new storm water collection
basin below the central boardwalk. Drought -tolerant plantings and
sophisticated irrigation systems keep the park's water use low despite
the small patch of luxurious grass.
............................................
Client:
City of Glendale
Reference:
Shahen Begoumian
Park Development Manager
(818) 548-3796
Sbegoumian@ci.giendale.ca us
Facility and Uses:
• Play structure
• Historic Tropico District theme
• Shaded picnic area
• Chess tables
• Public art
• Exercise Equipment
• Neighborhood garden
• Draught -tolerant plant.ng�,
• Stormwater run-off ba in
Services provided:
• Community Outreach
• Master Plan
• Design Development
• Construction Documents
• Bidd;ng Assistance
• Construction Period Services
Awards:
• CPRS Award of Excellence
• APWA Best Award Recreation &
Athletic Facilities
Acreage: 1
Start Date: September 2010
Date of completion: August 2014
Cost of Design: $200.000
Cost of Construction: $15 million
DVD Project Manager:
Gary Vasquez
Staff: David Volz, Paul Caspar,
Luis Pedraza
i............................................:
'°DVD and their team ... have
provided leadership for comPIL1111ty
outreach, have designed creative
and fun play spaces and have
prepared high quality construction
docunients.'-
George Balteria , Retired
City of Glendale
Letter of Recommendation
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ON CALL LANDSCAPE ARCHITECTURE SERVICES, C11 Y OF PALM SPRINGS � *
• i1
PROJECT EXPERIENCE
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CITY HALL
The four acre Rancho Mirage City Hall campus improvement
project was initiated by the city's elected officials to set an example
for high quality sustainable site development within the city.
The design criteria and program emphasized compatibility with
the surrounding desert environment, sustainable practices for
construction and maintenance, and improvements to the campus
for employees and visitors to city hall. The DVD designed landscape
renovation program included a drastic reduction in water usage,
reduced maintenance and environmental impacts, introduction of
adapted and indigenous plant specs and the elimination of lawn
areas and spray irrigation. Also, included in the site design; debris
reduction from walkways, appropriate site and landscape materials,
erosion prevention measures, aesthetic and artistic enhancements,
additional shade for parking and people and site lighting with
enhanced energy efficient fixtures. New public gathering spaces
take advantage of and surrounding rocky desert landscape and
environment include direct access to nature trails and pleasant
walkways throughout the campus grounds. Rancho Mirage
has set an example of high quality sustainable site development
while improving the work environment at the much used City Hall.
David Volz Design provided the designs that enhanced the site's
use while working within environmentally sound parameters and
taking full advantage of the site and its surroundings. This carefully
planned landscape earned the City the national "Stainable Site
Design Initiative" Citation.
..............................................
• Client: '
: City of Rancho Mirage
Reference:
Jesse Eckenroth
Public Works Director
(760) 770-3224 Ext 254
jessee@ranchomirageca gov
Key Elements:
• Improved work environment
• Sustainable site practices
: • Reduced maintenance and
environmental impacts
• Erosion prevent.on
• Shaded structures
• Parking lot
• Site ghting
• Drought -tolerant plantings
• Stormwater run-off basin
Services provided:
• Design Development
• Construction Documents
Bidding Ass stance
• Construction Period Services
Awards: APWA Project of the Year
Achievements: Highlighted by the
National Sustainable Sites Initiative
Size: 6.8 Acres
Date of completion: 2009
Cost of Design: $89,200
Cost of Construction: $548,000
DVD Project Manager: Eric Sterling
Staff: David Volz, Gary Vasquez,
Paul Cassar
................................................
"DVD has been on the city's preselected
consultant list for more than ten years
. DVD has, through the coarse of their
work for us, lead design workshops and
presented their designs to community
groups and before our appointed and
elected officials.... always conducts
thernselves in a profession manner and
they are easy to work with."
Bruce Harry
Retired Director of Public Works
Letter of Recommendation
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRINGS���
FIRM & STAFF QUALIFICATIONS
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PROJECT TEAM
................................................
ORGANIZATIONAL CHART
City of Palm Springs
David Volz Design provides award winning park planning
On -Call Services
and landscape architectural services to our public entity
...................................................
clients, We provide feasibility studies, concept and
.........................L........................
master planning as well as comprehensive construction
plan development and project review services. We are a
resource to the many public agency clients we have the
honor to be contracted with.
+a.+dV_"t ArrliEteotr. and Park pW",ev%
David Volz
Our creative designers have the background and expertise
RLA #2375, LEED AP, QSD/P
to deliver outstanding landscape architecture services
Principal in charge Day-to-day contact
for your city's project. For this work, we have assembled
Project Manager
a highly qualified team of landscape architects and
specialized design consultants. The team will deliver:
Gary Vasquez
RLA #3883
CREATIVITY We will provide you with unique and
Director ojdesign
innovative solutions which will meet and exceed the
expectations of the city. The project designs we put
Eric Sterling
forward will creatively address the sites' development
RLA #5463
requirements, sustainability, the unique relationship to the
Senior Landscape Architect
nearby neighbors, program priorities, accessibility and
recreation balance.
Paul Cassar
Project Manager
COMMU DVD will continually keep you and
Duane Tut
your staff informed from the start and throughout all the
projects' phases. Communication will be consistent and
project Manager
clear with all parties through completion of project.
Luis Pedraza
EXPERIENCE DVD will provide a design team that has a
Project Designer CAD Technician
history of working successfully with cities as an extension
Dana Bull
of Staff and providing project design and coordination in
Project Designer CAD Technician
thedevelopment of dozens of award winning projects.
......•••••••••••••......•..•.•...• ..............'
INTEREST IN YOUR PROJECT DVD is ready to take on
.................. . ......................�
your projects and bring them to successful completion.
DVD is focused on delivering outstanding public facilities to
communities throughout California. Our team is dedicated
DESIGN WEST ENGINEERING
to the success of your projects!
Electrical Engineer
David Volz Design looks forward to a long relationship
••• Leo Maya, P.E.,
with your city. We are committed to delivering high quality
E19480, Senior Electrical Engineer
services, designs, reports, documents, and support to
the city. The DVD key team members are experienced
Roy Moralas, P.E.
and talented professionals and they will be supported
Project Manager Senior Electrical Designer
by a team of licensed landscape architects, several very
capable designers sub consultants, and support staff.
Arcadio Nungaray
Project Manager
i......... ......................................
ON -CALL LANDSCAPE ARCHITECTURE SERVICES,
CITY OF PALM SPRINGS 0 Va)
RESUMES
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DAVID VOLZ, RLA
PRINCIPAL -IN -CHARGE
Has over 30 years of experience
in the design of successful public
landscapes, streetscapes and parks
He has managed public design projects
including the master planning, design
and construction of municipal projects
for more than 100 public agencies in California. Mr, Volz has a
broad base of experience focused in the development process
from inception through master plan development, construction
document preparation, contract administration, and on -site
inspection.
His extensive knowledge of landscaping materials and vegetation
is often called for at commission meetings and in council reports
for agencies he has served. He has comprehensive experience
in storm water treatments, habitat restoration, walking trails and
water conservation. He has an excellent reputation for facilitating
community outreach programs for park design through the
public input process The public workshop process for park
design is a concept that he always encourages_
Serving in various capacities from principal -in -charge to
designer, he has overseen scores of award -winning projects for
cities, school districts and public agencies throughout California.
r CY-E- Principal in charge, worked with the client to determine
goals, presented on multiple occasions to the community and
council/commission, and served as quality control of other
professionals responsible for delivering concept plans and
construction documents,
EDUCATION
• BS, Landscape ArchAecture, 1981
California State Polytechnic University, Pomona
• Graduate Studies, Computer Applications for
Landscape Architecture, 1981, California State Polytechnic
University, Pomona
REGISTRATION
• Landscape Architect, California #2375,1983
• LEED Certified, 2008
• Qualified Stormwater Professional, QSD/QSP, 2015
YEARS WITH DV, 24
............................................
RECENT PROJECT EXPERIENCE
WELWOOD LIBRARY
Client: City of Palm Springs
David Volz Design will create an
appealing solution for the library
patio space of the Welwood
Facility_
EL CARISO REGIONAL PARK
Owner: County of Los Angeles
Client: Ohno Construction
: The new recreation elements are
"naturally" terraced across ten
acres of gently sloping topography
in the center of the park. Sinuous
walkways meander through old
grove eucalyptus trees and down the
slope from the restroom, concessions:
building, and the new resource
saving synthetic turf fields.
TWO POCKET PARKS
Client: City of South Pasadena
The Berkshire and Grevelia lots
have been purchased and the
neighborhood has given initial
ideas for the conversion of these
properties to pocket parks. David
Volz Design is well prepared
to bring to ,ife the exciting park
facilities that the neighbors
envisioned for their community,
HOLLYDALE COMMUNITY PARK
Client: City of South Gate
This park will be fully refurbished
with new open play fields,
community center, play spaces,
picnic grounds and ball courts to
provide a wonderful greenspace
and needed recreational
opportunities for the neighborhood.
JACK HAMMETT SOCCER FIELDS
Client: City of Costa Mesa
Improvements including new
walkways, parking lot expansion,
water facilities and control
structures relocation, and a new
pedestrian connection will be
designed.
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRINGS NoI*01111
GARY VASQU EZ, RLA
DIRECTOR OF DESIGN
Provides senior design leadership as a
result of 20 years of experience designing
multi -faceted projects throughout
California. His design abilities have
proven to be not only innovative and
unique, but award -winning. He will work under the direction of
David Volz providing creative design solutions to the challenges
and opportunities that arise. Mr. Vasquez has provided high quality
project management on many of our firms' most successful and
highly acclaimed park projects.
Mr_ Vasquez is a key figure in our community outreach program_
He successfully integrates the ideas generated through the
public input process to create the master plan. This dedication to
ensuring the community's input has led to extremely successful
projects_ His expertise in concept development graphic illustration
techniques and project planning. He ensures adherence to
established project budgets, schedules and cost agreements,
His broad knowledge of construction detailing, planting design
and irrigation equipment anchor his approach to high quality
project delivery.
Rk')i F Director of Design, responsible for analyzing data from
our community input charrette process to help form a common
goal of what the community desires, worked extensively on
the development process from inception through master
plan development, prepares landscape architectural plans,
specifications, and cost estimates on a multitude of projects, plan
checking to ensure consistent update of plan details from client
requests.
EDUCATION
• MLA, Landscape Architecture, 1989
California State Polytechnic University, Pomona
• BS, Ornamental Horticulture, 1986
California State Polytechnic University, San Luis Obispo
REGISTRATION
Landscape Architect, California, #3883, 1992
ACCOMPLISHMENTS Design of the Year Award, APA 2010
YEARS WITH DVD: 24
RESUMES
........................................
RECENT PROJECT EXPERIENCE
STANTON CENTRAL PARK
Client: City of Stanton
Stanton Central Park is the city's
largest recreational open space
encompassing 11.5 acres with
features encouraging activity and
exercise for a city whose citizen's
never had a community park.
Attentive design work was aided by
the voiced needs of the community,
making this truly a "people's park."
WASHINGTON BLVD & 1-5 ON
RAMP
Client: City of Commerce
The City desires to install
aesthetic improvements at
the 1-5/Washington Boulevard
interchange, primarily consisting of
landscaping, bridge painting, and a
monument sign.
FREMONT PARK
Client: City of Glendale
The park's ambiance and the many
gathering spaces w,thin the park
will be enhanced by new synthetic
turf soccer fields, community
center, play spaces, picnic grounds,
ball courts, and new lighting.
STATE STREET PARK
Client: City of South Gate
This linear park is made up of 5 half
acre parcels along Southern Avenue.
This once rock strewn vacant utility
corridor is now a beautiful park with
wonderful recreation amenities
There are gardens and bal. courts,
themed play spaces, picnic shelters
and parking.
DIAMOND BAR BOULEVARD /
GRAND AVENUE STREETSCAPE
Client: City of Diamond Bar
Cut steel panels, big timber rails,
detailed crosswalks and sidewalks,
and a foothill landscape design
give great character to the main
thoroughfare and hearken back to
the ranchland history.
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ON -CALL LANDSCAPE ARCHII ECTURE SERVICES, CITY OF PALM SPRINGS abITIt
ERIC STERLING
SENIOR LANDSCAPE
ARCHITECT
w Mr. Sterling is returning to DVD
A
from a 9-year absence to explore
*` worldly projects. He has 25 years of
experience in landscape architecture
working on projects for public agencies_ His design expertise
ranges from recreational parks to streetscapes. school sites,
as well as city design guidelines, various Disney parks,
including many award -winning projects.
A benefit to Mr. Sterling's design ability is his attention to
detail and his knowledge of playground design, the latest
construction practices and materials, ADA accessibility
concerns. He is a key figure at DVD in coordinating design
development plans and carrying them through construction
drawings. He is known for his ability to collaborate with a
variety of clients, architects, engineers and designers and
to successfully manage projects from beginning to end He
ensures adherence to established project schedules and
cost agreements, and monitors production for delivery of the
highest quality products to clients. He cooperates well with
staff, clients, and agencies to create successful products
and works closely with contractors during construction.
He is typically responsible for plan checking to ensure the
successful completion and delivery of projects.
ROLL: Senior Landscape Architect, responsible for
analyzing data from our community input charrette process
to help form a common goal of what the community
desires, worked extensively on the development process
from inception through master plan development, prepares
landscape architectural plans, specifications, and cost
estimates on a multitude of projects. plan checking to ensure
consistent update of plan details from client requests
EDUCATION
BS, Landscape Architecture, 2001, California State Polytech-
nic University, Pomona
REGISTRATION Landscape Architect, California, #5463
SKILLS
Adobe InDesign, Adobe Creative Suite, Sketch up, AutoCAD,
Microsoft Office
YEARS WITH DVD. 2005-2012 & March 2021 - present
RESUMES
................................................... .
RECENT PROJECT EXPERIENCE
THE RIO ALL -SUITES RESORT AND
CASINO, Las Vegas, Nevada
WALT DISNEY IMAGINEERING
• Consulting LA to WDI for the Avenger's i
Campus located in Disney California
Adventure Park in Anaheim, CA.
• Consulting LA to EuroDisneyland
lmagineering for the Walt Disney
Studios Park Expansion Project
located in France
• Assisted the WDI design team on
two construction packages inside
Shanghai Disneyland totaling over 23
Hectares of original thematic design.
• Consulting LA assisted in the
preparation of seven construction
packages for Disney's Animal Kingdom
in Orlando Florida.
DREAMWORLD Fushun, China
Assisted in the architectural and
thematic direction for 6-hectare
expansion of the Bali World water
park including an integrated hotel
i encompassing a large wave pool.
PREVIOUS DVD PROJECT
PALM & PIERSON IMPROVEMENTS
Client: City of Desert Hot Springs
The design included materials and forms
derived from this vortex energy concept.
They include chunk glass representing
water and large rustic boulders as well
as grouped diamond forms signifying
the San Andreas Fault which passes
directly below the intersection.
DATELAND PARK
Client: City of Coachella
Main amenities include a skate park,
sp ash pad, children's play structure,
amphitheater, restrooms, community
center, and open green space.
Structures and activity areas are
covered with shade canopies to protect
from the scorching sun. The drought
tolerant and hardy landscape was
designed to blend with the iconic desert
landscape the area is known for.
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ON -CALL LANDSCAPE ARCHITECTURE SFRVICES. CITY OF PALM SPRINGS up%T11)
LU IS PEDRAZA
PROJECT DESIGNER
Has more than 8 years of experience in
graphic design, working on projects for
agencies and design companies ranging
from print advertisement to landscape
design. For his master thesis project Luis
worked collaboratively with the Conservation Corp of Long Beach,
Rivers and Mountains Conservancy to address park poverty issues
in communities in West and North Long Beach. The work included
inventory and analysis, extensive community outreach included
canvassing and facilitating community workshops and meetings,
leading and coordinating a community built project, developing
a neighborhood vision plan, and creating conceptual plans for a
variety of different projects including a park, plaza and commercial
area. He has expertise in concept development graphic illustration
techniques and project planning. He has experience in managing
and directing professional staff in a dynamic atmosphere and
excellent communication skills. His ability to analyze project
objectives and work closely with clients, architects, and engineers
provides a solid foundation for reaching the successful completion
of projects. He holds excellent communication skills and visual
perception which result in projects that convey a vision from both
the client and his innovative stylings.
POLL: Project Designer, responsible for analyzing data from our
community input charrette process to help form a common goal
of what the community desires, prepares landscape architectural
plans, specifications, and cost estimates on a multitude of projects,
plan checking to ensure consistent update of plan details from
client requests.
EDUCATION
• MLA. Landscape Architecture, California State Polytechnic
University, Pomona, 2017
• Certificate in Ornamental Horticulture, 2011, Orange Coast
College, Costa Mesa, Ca
• BA Graphic Design, 2009, California State University,
Fullerton, Ca
ACCOMPLISHMENTS
• Student Merit Award ASLA, SoCal Chapter, 2017
• "Quality of Life", Merit Award ASLA, SoCal Chapter, 2016
SKILLS Adobe Creative Suite, Sketch up, AutoCAD, Bilingual -
Spanish/English, HTML, CSS, Microsoft Office
YEARS WITH DVD. 8
RESUMES
........................................
RECENT PROJECT EXPERIENCE
LINCOLN AVENUE
Client: City of Cypress
The lawn and aging irrigation
system along this important
thoroughfare will be redesigned.
David Volz Design will prepare
the plans for a bold and exciting
streetscape with a water
saving plant palette and a low
maintenance irrigation sy_,tem
FULLER STREET PARK SPORTS
t COURTS
Client: City of Santa Clara
After a well -attended
neighborhood workshop, idea{:
were implemented including
a basketball and volleyball
court with some adjacent park
i enhancements, an exercise
equipment cluster, new walkway
lighting, and turf reduction
CIRCLE PARK
Client: City of South Gate
This park will be fully refurbished
i with new open play fields,
community center, play spaces.
picnic grounds and ball
courts to provide a wonderful
greenspace and needed
recreational opportunities for the
neighborhood
MILES AVE TURF REDUCTION
Client: City of La Quinta
The new street median island
landscape along Miles Ave
will set a precedent for a new
beautifu3 water thrifty and desert
efficient landscape.
STANTON CITY HALL
Client: City of Stanton
DVD was commissioned to
update the look of the plaza
and City Hall building facade to
create a more welcoming area t
with covered entryways, new
pavement and a reconsidered
landscape.
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRINGS 0VID
SUBCONSULTANT
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DESIGN WEST ENGINEERS
Company i-listory and Culture
Design West Engineering is a full -service Mechanical, Electrical, Plumbing, and Energy Consulting Firm. We
are founded on the philosophy of providing second to none service. Established in 2000 and centered on this
idea, we have quickly grown to become one of Southern California's most prominent MEP firms.
We offer a diversified range of practical experience in governmental. healthcare. educational. and private
building sectors. Our highly qualified and innovative engineers work closely together in this multi -disciplined
environment. Each is familiar with the overall project requirements in addition to their specific area of
expertise. Because of our commitment to second -to none service, we have become recognized in this industry
for our comm-tment to forward thinking innovation and environmental sensibility. We offer you the most up
to -date expertise in the latest technologies to maximize your projects potential.
Resumes for Key Personnel
Leo Maya, Principal Electrical Engineer
With over 20 years of electrical design experience, Leo has been a key part of
Design West since 2005. Leo has worked on a wide array of projects including large
commercial and industrial buildings, health care and institutional facilities, sports
field lighting, street and area lighting, golf course electrical systems, custom
residences, and various dry utiFty designs. His dedication to maintaining long-term
client relat.-onships and his diverse electrical background have made him the
natural selection to head up out Electrical Department in 2009. Leo's membership
and board position for the IESNA (illuminating Engineers Society of North America),
keep him up to date with the latest lighting and energy efficient technologies. Leo
is an ongoing student of Electrical Engineering at Arizona State University and holds
a CA Electrical PE License.
Roy Morales, Electrical Department Head
Roy has relationships with many of the local agencies after providing years of
reliable design and service to this clientele. His experience includes design for
buildings, sports fields- street I,ghting, and solar photovoltaic, systems. Roy is a
Senior Project Manager as well as the Electrical Department Head for the San
Bernardino office. Roy joined the Design West team after working several years
with Dream Engineering when the company was bought out in 2009. Roy bro fight
with him expertise in electrical applications including parks and street projects after
providing years of reliable design and service to this cliente,e. His greatest sector
of worm is with rnun cipal clients. Roy is a proven team leader both 'n how he runs
his teams internally and how he runs his project teams when work=ng with cl-ents.
Arcadia Nungaray, Project Manager
Arcadio tosned Design West in 2010 as an Electrical Project Designer and has
operated a Project Manager since 2015 with a project team including 3 supporting
staff. As a resident design software expert, Arcadio also serves the team as CAD
Manager and Bluebeam Manager. Arcadio exce+s at fast pace and rapid turn
around projects. His body of work is largery focused on parks and recreation
facilities, government buildings, department of defense work, NASA, and solar
photovoltaica. He is known for his responsiveness and thorough communication.
Arcadio ma=ntains his project deadlines in a resourceful and competent manner for
each of his clients.
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRINGS RD®Tgo
SCOPE OF SERVICES
UNDERSTANDING & APPROACH
David Volz Design provides a wide range of services to our
public agency clients: site planning, budgeting and preparation
of construction documents are the mainstays of the services
we provide. Public facilities and landscape improvements
we have designed are evident in communities throughout
Southern California. We live by our mission statement to "create
community" through our designs. Together our firm will be a
pro -active knowledgeable resource for your city staff. David Volz
Design offers the following services to assist Indio in the delivery
of excellent projects for your citizens:
Design Services for Capital Improvement Projects- DVD
provides a wide range of services to our public agency clients:
site planning, budgeting and preparation of construction
documents are the mainstays of the services we provide. Public
facilities and landscape improvements we have designed are
evident in communities throughout Southern California. This
work includes: community and neighborhood parks, public
greenspaces, streets and road improvements, and civic center
campus improvements. Our creative designs have garnered
accolades and awards for our public agency clients. We work
closely with city staff, community groups and neighborhoods
to develop iconic designs that reflect focal community values
and enhance the quality of life in cities where we work, We
help communities implement their vision of their community
through the development of outstanding public spaces.
• General Landscape Architectural Design- DVD's clients are
public agencies throughout Southern California. We specialize
in providing public works planning and design services for
planting schemes, irrigation systems and hardscape for parks,
street medians and all types of public green space.
Conversion Projects That Address Water Use Challenges-
DVD is currently working on turf conversion and drought
response projects for projects in dozens of cities. We are
converting high water use medians to drought tolerant
plantings in Costa Mesa, San Dimas, Irvine, La Quints and
Commerce. We have a city-wide report and action plan to
reduce water use in Cypress's 15 city parks that identifies a 19
million gallon per year water use reduction_ DVD has provided
plans for park renovations that address water use reductions in
South Gate, Irvine, Palm Springs, Rancho Mirage, West Covina
and several other southland cities.
• Drip Irrigations, Micro Irrigation, Sub -surface and Specialty
Irrigation Installation Expertise - DVD has provided design
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRINGS go
18
SCOPE OF SERVICES
services for new and conversion irrigation systems that utilize
the latest technologies for low volume water application.
Notable applications include several important installations in
the Coachella Valley including Rancho Mirage City Hall, Marine
Way in Irvine at the Gateway to the Great Park and Newport
Beach's Balboa Boulevard streetscape_
• Construction Management and Inspection Services
Experience - DVD regularly provides oversight, construction
management and inspection services for many of the projects
we design and for projects designed by others that are being
constructed by our on -call clients_
Plan Checking, Peer Reviews and Project Reports - DVD
provides excellent plan check and peer reviews for our clients
on all types of landscape oriented projects. We have systems
in place for tracking and quick turnaround of any reviews
assigned to our firm. Clear and concise review comments
are electronically tracked to ensure full resolution of noted
deficiencies. One week turn around for reviews is typical for
our office.
ADA Compliance - DVD is often asked to design or redesign
public spaces to meet and exceed typical accessibility
requirements. Several of our clients are very sensitive to the
needs of special populations Public spaces must meet the
most stringent elements of the ADA and our designers take to
heart our commitment to provide access for all
APPROACH
David Volz Design will deliver quality projects on schedules that
meet the city's goals and objectives, Our creative landscape
architects have designed beautiful public greenspaces for
hundreds of public agencies in Southern California. Our design
professionals will take a proactive rote by clearly defining the
project program as the initial project task.
DVD regularly provides a full scope of services for the development
of public facilities, parks and green spaces. Our services usually
include public outreach, concept development, presentations
and reviews by appointed and elected officials, and complete
construction document plan sets. Below is a typical scope of
service outline for a community park design and development
project. The scope shown would include a full complement of
engineering and design support services that would be provided
by DVD's project partners.
Delivering projects within our client's expectations, budgets and
time frame is our top priority. We will establish milestones for
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SCOPE OF SERVICES
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deliverables and set precise schedules for meetings and reviews,
Oursenior managementwill reviewall submittals priorto issuance.
We will provide recommendations based upon experience and
expertise for the betterment of any project assigned to DVD. These
same senior DVD professionals will remain the primary contact for
the City throughout the project.
We strive to stay on top of the ever changing world of the
construction industry and its pricing. We regularly analyze what
is happening with projects during estimating and bidding process
to ensure that we are as close as possible to our clients' budget.
We have been very successful in tracking costs. The following
are recent project estimates and the contract amount of the
construction bid.
AutoCAD is our primary design tool for drafting and producing
construction documents. The version we use is the latest;
AutoCAD 2018. We also use LandFX , a landscape architectural
overlay program to aid in our design work and Sketchup for 3D
modeling. Microsoft office (Word, Excel, Powerpoint) is for word
processing, spreadsheets, and presentations. We also use Prezi
to create presentations and slide shows, To prepare graphics
and marketing content. DVD uses Adobe suite, InDesign. and
Photoshop, Illustrator.
Public agencies are DVD's only clients and our invoicing process
will be adapted to meet your requirements. Our accounting staff
is friendly and accessible, and can prepare special invoicing and
reports at the city's request -
We aim to keep our clients happy and remain in a mutually
beneficial relationship for the lung -term. We are an extension
of your staff and are willing to support you in any task needing
assistance- DVD special!zes in the design and delivery of public
works-
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SUSTAI NAB I LITY
David Volz Design is committed to delivering public landscapes
that are sustainable and beautiful. We embrace the principles of
design that encourage stewardship of our resources, respect for
the environment and creative sustainable practices. Through our
affiliation with LEED's, we identify and quantify the sustainability
of our designs. From our parks, all accessible playgrounds,
streetscapes and sport fields to our historic gardens, DVD delivers
outstanding, sustainable, award winning projects -
A beautiful and sustainable landscape starts with a clear
understanding of the client's requirements, the site and environs
and a creative approach to the design process. Water efficiencies,
energy use reductions, waste reduction, recycled content and
localized material's sourcing can all be quantified and are an
integral part of our design.
David Volz Design is dedicated to the opportunity and challenge
of creating unique spaces and special places that draw inspiration
from the environs and the community. Our team is detail oriented
and our focus is on delivering outstanding public landscapes that
meet and exceed the expectations of our clients David Volz Design
believes the very definAion of sustainability speaks of environments
that are well used and enjoyed, and maintainable over time. We
at DVD believe that the ultimate measure of sustainability of any
public space has to be high use and enjoyment over the long term.
Resource conservation through the use and specification of
recycled and reused materials and identification of locally sourced
goods are important sustainability issues. Adaptive reuse of on -site
materials, carefully balanced grading operations and protection of
on -site resources are always considered in our designs.
Water resources are conserved through our thoughtful low
water use planting schemes, precise irrigation layout and control
systems, as well as, stormwater capture, cleaning and reuse. For
pollution prevention, best practices stormwater recycling plans are
embraced and integral to our designs. On site water detention,
bio filtration, permeable pavement, and many other measures are
creatively incorporated into the landscapes we design.
Our award -winning design of Rancho Mirage City Hall has been
recently highlighted by the Sustainable Sites Initiative. David
Volz Design is proud to have been chosen for this honor. The
Sustainable Sites Initiative is an interdisciplinary effort by the
American Society of Landscape Architects, the Lady Bird Johnson
Wildflower Center and the United States Botanic Garden to create
voluntary national guidelines and performance benchmarks for
sustainable land design, construction and maintenance practices.
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SCOPE OF SERVICES
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COMMUNITY OUTREACH
For any community inspired design program, David Volz
Design envisions a robust community engagement process.
Our initial community meeting will be a participatory community
brainstorming session focused on gathering ideas for developing
a park master plan- Our preparation for this input will include site
reviews and analysis of the plans and documents related to this
park site. We will gather "seed" ideas from city staff and from our
own site reviews- Our team will assist in the preparation of notices
and graphics to get the word out - to invite and encourage the
neighborhood community to help design their park.
............................................................................... .
QUESTIONS WE WILL ASK THE COMMUNITY AT THE INITIAL
COMMUNITY DESIGN WORKSHOP
: What would be appropriate improvements for this park -
are there enhancements that the community wou d like to
explore?
• What facilities are wanted and needed to support the current
and future recreational needs at this park?
• How can we best provide for access, security, and encourage
appropriate uses?
• Are there items, facilities, or appurtenances that could
require special attention or that could add to the park or the
opportunities of the site?
• Is there a theme or interpretive elements that could make this
a unique recreational space?
i................................................................................:
These and many other questions will be asked and answered
through the initial and follow-up meetings, whether in person or
online, with the community. We will also bring forward social media
responses obtained through electronic outreach and survey.
We will begin the initial workshop with an on -site tour of the park
to clearly identify the setting, To foster the "brainstorming" session,
our team will introduce "seed" ideas that will encourage thoughtful
responses and open the discussion for brainstorming and
continued idea generation- We will look to the community for ideas
about possible improvements, including ideas for enhancement,
family recreation and complementary opportunities to develop the
design of an outstanding park plan. The community workshops
that DVD facilitates are the best medium for finding out what the
c-'tizenry desires. Allowing the community to stand in a place of
ownership aids in a smooth planning process. In the long term.
this ownership translates into projects that are sustained by the
community.
The DVD team will take the ideas and inspirations received from
the community at the initial design charrette meeting and online
a
w`otu.,,no.Rxprnaxoou.,nu v, n.'"o r- w
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COMMUNITY OUTREACH
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responses and refine the ideas and proposed elements into initial
concept plans. These conceptual layouts will be presented to city
staff in an idea consolidation meeting. The best ideas and themes
will then be refined into conceptual plans for the community to
consider. The second community workshop will be a bit more
formal. The refined initial concept plans will be presented. and the
ideas reviewed. We will look for agreement from the participants
on the elements which will become a part of the draft master plan.
Comments and input will be received to refine the park's vision
and program and to obtain consensus for the proposed elements
of the park. Following this vision consolidation meeting, a draft
master plan and draft design report will be prepared. This plan will
then be presented to the public and the Commission or Council
for review and comment. Upon the city leader's direction a final
master plan will be prepared.
The Master Plan, which will be the focus of our planning efforts,
will be the culmination of the community's ideas being honed into
a final graphic representation of the best development strategy for
this park. A report will also be prepared outlining the input process
and describing the program and development elements. Also, a
preliminary construction budget will be a part of this project report.
.................................................................................. .. - '*twit IF
DVDs COMMUNITY INSPIRED DESIGN PROGRAM
1. Initial Community Meeting/Design Charrette
4+•Mr
,4
• Initiation + Request for Assistance from Community
• Clearly Define Design Objectives + Challenges
• Review improvement options and alternatives
• Facilitated Dynamic Interaction + Brainstorming
• Participatory Design Charrette
• Idea Generation + Sharing
• Collect Ideas + Inspirations from the Community
V
2. Second Community Meeting/Collective Vision/ Initial
:..I
Commission Review
= u
• Develop Initial Concept Plans ba ed on Community Input +
InspirationNu
• Program Elements Review
• Idea + Vision Consolidation
r `
• Options, Alternatives + Theme Considerations
• Concept Discussion + Recommendation
PARK FLM
WOODBURY PARK -
• Define Community Consensus + Collective Vision
-• x -� - .
3. Draft Master Plan Review and Refinement
• Prepare Draft Master Plans based on Community Irput
• Obtain Direction for Master Plan Preparation
• Resolve Outstanding Program or Plan Conflicts
• Review all Documents with City Staff
4. Master Plan Preparation and Presentation to Commission or
Council
• Prepare Master Plan Documents
• Prepare Report Describing Process and Plan
• Presentations to City Commission & Council of Plan + Report
.........................................................................I........
t
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SCOPE OF SERVICES
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TYPICAL SCOPE OF SERVICES
David Volz Design regularly provides a full scope of services for
the development of public facilities, parks and green spaces. The
services usually include public outreach, concept development,
presentations and reviews by appointed and elected officials,
and complete construction document plan sets. Acting as an
extension of the csty's staff, Mr. Volz and the DVD professionals,
have become a valuable resource for innovation and creativity, as
well as support in the development of design standards, technical
specifications, budget estimates, construction methods and
administration, claims and change order reviews. quality control,
and product performance evaluation_ Our design professionals
will take a proactive role by clearly defining the project program as
the initial project task_ We will establish milestones for deliverables
and set precise schedules for meetings and reviews. We will
provide recommendations based upon experience and expertise
for the betterment of any project assigned to DVD. The following
is a typical scope of service, but doe not necessarily apply to all
projects.
PHASE ONE: PROJECT INITIALIZATION
Task One - Project Start-up
101 initial kickoff meeting with city project staff
a. Review project criteria and program objectives
b. Review procedures and design schedule
c. Assign calendar dates to each milestone
1.02 Data collection
a. Prepare site surrey
b. Collect utility information
c. Catalogue available documents and plans
1.03 Perform field investigations
a. Prepare photo survey of site
b. Annotate maps from the site review
Task Two - Geotechnical Report
2.01 Geotechnical so -.Is report and recommendations
Task Three - Site Survey and Water Quality Initial Studies
301 Site topographic survey
3.02 Initial hydrology study
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3.03 Initial SWPPP/WQMP Plans
PHASE ONE DELIVERABLES + MEETINGS
Topographic survey of site
Design development plans
SWPPP / WQMP and site Hydrology Study
City staff reviews as needed
Meetings with city staff
PHASE TWO: COMMUNITY ENGAGEMENT
Task 1- Initialize Project and Community
Workshop
1.01 Background Research
a. Collect available data and maps
b. Meet with city project personnel
c. Review Preliminary project program
d. Review plans and documents of
the site
e. Review initial opportunities
• Identify opportunities and
constraints
• Identify surrounding uses and
connections
1.02 Prepare base map for planning
purposes
1.03 Meeting with city staff to review work to
date
1.04 Initial community review and workshop
a. Meet with the community on site
• Conduct site walk
• Discuss opportunities and
objectives
• Review limitations and
challenges
• Review program opportunities
• Facilitate design charrette with
community participants
• Gather initial ideas and direction
1.05 Document input received
a. Prepare summary of input from
community
b. Annotate maps with community
insights
SCOPE OF SERVICES
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Task 2 - Preliminary Concept Plans
2.01 Review input received with city staff
a. Identify opportunities and program
for potential park facilities.
2.02 Prepare preliminary concept plan(s)
a. Develop designs for park
improvements
b Develop concepts and alternatives
c Refine and consolidate ideas
d. Prepare initial concept plan map
e. Prepare preliminary concept packet
review meeting
Task 3 - Cost Benefit Analysis and Presentation
3.01 Cost benefit analysis
a. Prepare analysis of construction
cost for each concept plan
b. Provide comparison of each
concept offerng and comparative
costs
3.02 Present concept plans
a. Review background and
challenges
b. Present initial concept and
alternatives
c. Gather input from commission
d. Seek consensus on collective
vision
3.03 Document input
a. Document input and comments
b. Consolidate comments into
summary letter report
c. Review work to date with city staff
Task 4 -- Final Concept Plans and Reports
4.01 Prepare final master plan
a. Review schematic layouts with city
staff, obtain direction to prepare
draft master plan
b. Prepare draft master plan map
c. Prepare draft project letter report
d. Prepare presentation for
Commission/Council
4.02 Presentation to Commission/Council
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PHASE TWO: DELIVERABLES f MEETINGS
Community workshop on site
Initial program identification
Initial idea sketches (by community members
Summary of comments and input
Meetings with city staff
Project planning map
Preliminary concept plans
Parks Facility Program
Concept plan presentation
Initial plans
Summary of comments and inputs
Presentation to Commission/Council
Summary of input and process
Turn over electronic files of plans
PHASE THREE: DESIGN DEVELOPMENT
Task 1- Design Development
1.01 Concept plan development (two
alternative plans)
a. Prepare graphic plans for proposed
features
b. Identify locations and alternatives
for boundaries, amenities and
fences
c. Provide a�ternatives for plant
materials and constructions
• Fences, gates and pathways
• ADA access
• Seating and site furnishings
• Landscape concept
• Materials board
d. Provide play and exercise
equipment
e. Provide exhibits and plan view
concepts
• Plan view concepts
• Photo simulations
Task 2 - Site Plan
201 Prov.de site layout plan
2.02 Reviews as required with city staff
2.03 Provide final site plan colored rendering I
SCOPE OF SERVICES
Task 3 - Community Reviews, Park Design
Modification Application
3.01 Assist in processing park design
modification application
3.02 Present project concept plans at up to
two community services commission
meetings
3.03 Update plans as required
3.04 Provide approved park design
modification plans in high -resolution
format following commission approval
Task 4 - Preliminary Engineering
4.01 Grading and drainage plan
4.02 On site hydrology
4.03 WQMP
4.04 Utilities
Task 5 - Opinion of Probable Construction Cost
Projection
5.01 Breakdown of cost by unit and
quantities
Task 6 - CEQA Document and Environmental
Studies
6.01 Prepare required California
Environmental Quality Act
Documentation (mitigated negative
declaration anticipation)
6.02 Prepare Water Quality Studies as
required
6.03 Prepare supplemental studies if needed
6.04 Prepare additional technical studies, if
needed. i.e. traffic, biology, etc.
Task 7 - City Staff Meetings
7.01 Four meetings with city staff
anticipated.
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PHASE THREE: DELIVERABLES + MEETINGS
Site layout plans and exhibits
Materials selection
Hydrology study
Updated rendering
Park Design Modification Plan
CEQA document
Staff meetings
Commission/Council meeting
PHASE FOUR: CONSTRUCTION DOCUMENT
DEVELOPMENT
Task 1- Construction Documents Development
1.01 Schedule verification
1.02 Program review and verification
1.03 Prepare base maps
1.04 Prepare construction drawings
a. Final engineering report
b. Site construction plan and details
c. Irrigation plan and details
d. Final landscape plan and details
e. Final cost projection
f. Construction document
1.05 Prepare technical specifications
1.06 Prepare construction cost budgets
1.07 Submittal/review at 60% documents
Task 2 - Final Construction Documents
2.01 City project team review of work -to -date
2.02 Internal quality control review
2.03 Revise documents
2.04 Turnover of original plans and
specifications
SCOPE OF SERVICES
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City staff services as needed
Staff meetings
PHASE FIVE: BIDDING AND CONSTRUCTION
ASSISTANCE
Task 1 - Bidding Assistance
1.01 Provide answers to pertinent pre -bid
questions
1.02 Assist the city in evaluation of bids
Task 2 - Construction Assistance
2.01 Attend pre -construction meeting
2.02 Respond to project Requests for
Information (RFI's)
2.03 Attend pre -construction meeting
2,04 Participate in construction progress
meetings and prepare meeting
summary notes
2.05 As -built plan preparation (contractor
annotation)
PHASE FIVE: DELIVERABLES + MEETINGS
Bidding assistance
RFI responses, instructions
Meeting summaries
As -built plan preparation
City staff support services
PHASE FOUR. DELIVERABLES + MEETINGS
Construction plans
Construction technical specifications
Construction budget estimate
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SCOPE OF SERVICES
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QUALITY CONTROL
DVD has an established quality control and assurance program that we undertake for all our design services,
and for this project. The Principal -in -Charge will be responsible for implementation of these Quality Control
measures. The primary elements include:
• Verification that required deliverables and documents noted in the Scope of Work are provided.
• A Peer Review will be conducted by our senior professional staff to solicit critical comments and
verify correctness.
• Retention of documents with highlighted markings and red -line comments, and verification that
required revisions are incorporated into the updated documents.
• Continual assessment and tracking of project schedule and budget against baseline data.
• A complete construction review for constructability and biddability of the complete PS&E
package will be assigned to experienced professionals on staff prior to final submittal to our
client.
...........................................................................
1. Project Initiation
Quality Assurance Review 3. Design Confirmation
Quality Assurance Review
: • Goals and objectives defined . Program and materials finalized
• scope of work defined • Budget identified • Recommended solutions refined
• Schedule established • Final design defined
Notice to •Problem areas identified • Budget rev,ew Deliver
Proceed Checklist prepared Checklist reviewed to Client
................................... ......................................
Project l Conceptual Desrg n Final Final
Planning
Design Development
................ _ ...................
2. Work Plan
Quality Assurance Review
• goals and objectives reviewed
• work plan reviewed
• Alternative and
preliminary solutions evaluated
• Recommended
solutions defined
......................................
Design Corrections Printing
a. Constructability
Quality Assurance Review
• Quality assurance check for
completeness and format
• verification check for completeness ;
• Biddability and constructability,
review
..........................................
WHY CHOOSE DAVID VOLZ DESIGN?
Cost Controls online Public
Creative and Quality of Outreach Expertise
Award Winning
Experience in
Delivery of San
Designers of Coniniunity
Spaces Design with Rich
Public S p Inspired Park
Park and Sports
Field Design
Bernardino
Detailing
Design
projects
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REFERENCE PROJECT
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STANTON CENTRAL PARK
Stanton Central Park provides a place for the citizens to come
together and also creates a forum to strengthen relationships with
the regional community. Recreational amenities and facilities for
baseball, soccer, basketball, tennis, skateboarding and fitness
training gather athletes of all kinds to this special park. A rolling
landscape makes the park fun to wander in and explore the open
space and swaths of water -wise gardens and trees. Drought
tolerant and native trees, shrubs, succulents and groundcovers,
in conjunction with state-of-the-art water -wise irrigation systems
showcase the natural beauty that thrives in our Southern California
climate. The butterfly garden inspires a sensate awareness of
ecological systems at play in nature. Community art, plenty of
benches and tables, covered picnicking areas, and open swaths
of grass facilitate social gathering for the Stanton community. For
the first time, Stanton has a place to host large-scale events like
summer concerts to attract residents and visitors.
"Stanton Central park is an outstanding DVD designed park. The
park has received accolades from the community and design
awards from APWA and California Park and Recreation Society,
DVD also designed Marry M. Dotson Park which also received
awards from APWA."
- Allan Rigg, Public Works Director
Letter of Recommendation
..............................................
Client:
City of Stanton
Reference:
Allan Rigg
Public Works Director
(714) 890-4203
arigg@ci.stanton.ca.us
Key Elements:
• Splash pad area
• Water -wise irrigation system
• Train theme play area
• Community Center
• Community Art
• Butterfly garden
• Bio-swales
• Low maintenance drought
tolerant plants
• 1/2 basketball court
• Skate Park
• Exercise equipment
Services provided:
• Grant Application Assistance
• Community Outreach
• Master Plan
• Design Development
• Construction Documents
• Construction Period Services
Awards:
• CPRS Award of Excellence Park
Planning
i • ASCE Outstanding Parks &
Recreation Project
• SCMAF Outstanding New
Facility
Acreage: 11.5
Start Date: Apr, 1 2011
Date of completion: June 2016
Cost of Design: $1.1 m-llion
Cost of Construction: $11.2 m I
DVD Project Manager: Gary
Vasquez
Staff: David Volz, Paul Cassar,
Larry Poindexter., Luis Pedraza
Subconsultants:
Penco Engineering, Design West
Engineering
.............................................
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PAI M SPRINGS ?AT
STANTON CENTRAL PARK
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In Stanton, where `community pride and forward vision" is the
city motto and community celebrations are regularly scheduled,
there was no large outdoor space to gather. Forward thinking
civic leaders seized on the opportunity to purchase surplus school
property to build a new community park. Larger by far than any
other park in Stanton, Central Park is a crowning achievement
made possible through funding gained from a combination of a
bond measure, a state park grant and park -in -lieu fees- the project's
design, construction and construction management required no
general fund monies. Never giving up, the city made sure that
Stanton Central Park would not fall short of what was expected
when the project was first initiated. The groundbreaking of the
park's construction was big news for the city and its residents.
Stanton Central Park is the city's largest recreational open space
encompassing 11.5 acres, especially impressive in a municipality
of only 3.2 square miles. The ideas for creating Stanton Central
Park, the city's largest park, began over a decade before its opening
in the summer of 2016. The city has long awaited this community
park. Design ideas with careful attention to details meet state -of
the art practices in water -wise landscaping and irrigation design.
The site for the park was previously an elementary school and then
a golf driving range. The out-of-date facilities were quickly taken
down once park construction commenced, and the site has been
transformed into a rolling landscape of hills covered with trees
and drought -tolerant plantings. Open grass areas are reserved for
recreational uses such as baseball and soccer fields, and where
large-scale events such as a summer concert series will be held.
This community park includes amenities that would not fit in the
few small parks the city maintains. The diverse challenge._; that
were overcome certainly attributed to the immense joy felt by all
once it was complete.
Community outreach was integral to the design process. It was
important to have the Stanton community involved and engaged in
the parks evolution; a process that took over a decade to complete.
The ideas brought forth through direct and open communication
in the numerous public design workshops between the designers,
city staff and residents generated the concepts for the park as well
as establ shed a communal sense of ownership in the endeavor.
The city saw this pioneering park as a great gift for the Stanton
res-dents a gift that can benefit the current community as well
as the city's future generations, Attentive design work and skillful
construction management was aided by the voiced needs of the
community, making Stanton Central Park truly a "people's park."
What Stanton has gained is a state-of-the-art recreational
complex, one that enables the city to host large-scale community
gatherings that increase ties that enable strong relationships with
their residents. Stanton Central Park has changed the entire city
for the better. There is much to do and see in this delightful park
: .�, 4rnwm
J _ r
TF' F�� if✓
ON•CALI. LANDSCAPE ARC HITECIURE~ SERVICES, CITY OF PALM SPRINGS 1110WU
FORMS
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ATTACHMENT "A"
SIGNATURE AND ADDENDA ACKNOWLEDGEMENT FORM
1, Name of Company: . David Volz Design Landscape Architects, Inc.
Address: 78060 Calle Estado, La Quinta, CA 92253
Telephone Number: ( 760 ) 580-5165
Contact Person: David Volz
E-Mail: dvd@dvolzdesign.com
Tax Identification Number: 33-0835124
2 Type of Firm:
❑ Individual ❑Partnership ❑Limited Liability Company
MCorporation (State CA ) El 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, write NIA.)
I hereby acknowledge receipt of Addendum(s) Numbers 1, 2 & 3
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.
x I 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.
David Volz, President
PRIN �ME D TITLE
SIGNATURE AND DATE
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY Of: PALM SPRINGS Bill VA►ED
FORMS
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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
David Volz Design Landscape Architects, Inc. 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 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 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 Vo1z, President --------
Signature and Date of Authorized Representative:
(Sign) _ (Date) 4/1/2021
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PAI M SPRINGS 9)TA*11111)
FORMS
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.
CovenantAgainst 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: David Volz Design Landscape Architects, Inc.
NAME and TITLE of Authorized Representative:
(Print) David Volz, President
Signature and Date of Authorized Representative:
(Sign) (Date)
411/2021
ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRINGS EDW80
FORMS
ATTACHMENT "D"
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
David Volz Design Landscape Architects, Inc.
2. Address of Entity (Principle Place of Business)
151 Kalmus Drive, M8, Costa Mesa, CA 92626
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
California
If other than California, is the Entity also registered in California? F1 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 all officers, directors,
members, managers and other fiduciaries for the member, manager, trust or other
entity
David Volz ® Officer ❑ Director ❑ Member ❑ Manager
[name]
❑ General Partner ❑ Limited Partner
❑ Other
Gary Vasquez
❑ Officer ® Director ❑ Member ❑ Manager
[name]
❑ General Partner ❑ Limited Partner
❑ Other _ _— -- --
n Officer ❑ Director —I Member ❑ Manager
[name]
❑ General Partner ❑ Limited Partner
❑ Other
\\\N
ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRINGS It ►*IMP
FORMS
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7. Ownerstinvestors with a 5% beneficial interest in the Aeplicant 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.
David Volz
100%, David Volz Design Landscape Architects, Inc.
[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 ownerlinvestor]
[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
4/ 1 /2021
David Volz, President
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRINGS 01)Tgo
FORMS
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i SOO #09-21
ON -CALL LANDSCAPE ARCHITECTURAL SERVICES
:s 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:
Q 1: We received the email below regarding SOQ 09-21 but do not see Golf Course
Design in the scope. Could you please confirm whether there is a need for golf
course design services in this particular SOQ?
A 1: There is no need for golf course design services in this SOQ.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 18, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
David Volz Design Landscape Architects, Inc.
Authorized Signature:
Date: 4. l'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
ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRINGS 11111)1%*1110
FORMS
L- iy
SOQ #09-21
ON -CALL LANDSCAPE 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:
Q 1: May a front cover and table of contents be included? If so, may it be excluded from the page
count?
A 1: Front cover and table of contents (not required) are included towards the 30 page count.
Q 2: Is the Cost Proposal included in the page count?
A 2: No
Q 3: Can the local business preference apply if we have included a certified local business as a sub
consultant on our team?
A 3: 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.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 22. 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
David Volz Design Landscape Architects, Inc.
Authorized Signature. _ R,L====_
Date: 4l1f2021
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.
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRINGS 0DTay 0
FORMS
P.AI..�
SOQ #09-21
�; �L� ON -CALL LANDSCAPE ARCHITECTURAL SERVICES
,� • ADDENDUM NO. 3
Q`''ro�'i`? 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 Is the 30 page limit for double sided or single sided printing
A 1: Double sided.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 25, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name
David Volz Design Landscape Architects, Inc.
Authorized Signature_
Date: 4i l '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.
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ON -CALL LANDSCAPE ARCHITECTURE SERVICES, CITY OF PALM SPRINGS NoSTNo
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APPENDIX
ON -CALL LANDSCAPE ARCNITECIURE SERVICES, CITY OF PALM SPRINGS ®0TAT ab
EXHIBIT "D"
SCHEDULE OF COMPENSATION
55375 18165' 32400154 2 Rev 511120
.................................................................................. KDMT� mu�11--f--I
Lan swpt Aroh(lmlc avu! par1Z 1 14 4,ers
April 1, 2021
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
RE PROPOSAL TO PROVIDE PROFESSIONAL ON -CALL LANDSCAPE ARCHITECTURAL SERVICES
To whom it may concern,
We are looking forward to working with the City of Palm Springs. Our team of professionals has what
it takes —expertise, enthusiasm. and exceptional service —to plan, design, and see to the successful
completion of your projects
Thank you for your consideration.
Very truly yours,
David J. Volz, R.L.A. # 2375
LEED Accredited Professional, QSD/QSP
DESIGNING LANDSCAPES THAT I Corporate Office h1 Coachella Valley Offica= San Jose offica
CREATE COMMUNITY lil Koliko.0.ive S.w.-M3 ` 7806W-AIleFS?ad, i i4f7.n1 ;r7a k r�Awet Swr. 306
ovolzdeslan.con Cnsre !'Ae..a. CA 9262G IL! is Quanta, CA 922i i I San CA 9� 1 i 3
7 i,l p., 1.1 3:io 76.: S$o ilni 669 i44.0161
HOURLY RATES SCHEDULE
Principals $220/hr
Director of Design $193/hr
Senior Landscape Architects $175/hr
Licensed Professional $155/hr
Building Designer $150/hr
Project Manager $135/hr
Project Designer/ CADD Technic -any $121/hr
Administration $110/hr
REIMBURSABLES
Printing, copying. and
subconultant expenses wil
be billed at cost plus fifteen
percent.
In house printing costs listed to
the right.
Project Name.
Client.
REIMBURSABLES - IN HOUSE PRINTING
Number of Sheets
FEE PROPOSAL
Date
Bond (Bl11Y)
Bond tCoor)
Letter
11x17
Photo (Color)
2436
30x42
24x36
30x42
B1VJ
Color
WIN
Color
24x36
24x60
30x42
Description
T
T-F
Description
ADMiN USE ONLY
Total Sheets
x Unit Pr r-
S 4.50
S 600
S 14.00
S 15 04
$ 015
5 1 so
S 4 55
s z ,"+
S 15.00
Total
Subtotal = 111% MJU = Total to be billed: is
AS -NEEDED SFRVICES, CITY OF PALM SPRINGS it IT am
FEE PROPOSAL
0) 2021 RATE SHEET
DESIGN ZEST
ENGINFERiNG Print+il.FanIneerinrz..................................................... ............. .. $215.00 per 110ur
M i
Senior Enoneer, Mechanical ... ............................
........................... $195.00 per hour
Your Partners
1+M1 Mh nical Project Manager ............. ..............................................
$1,50.00 per hour
Mt12 hanical Nsigne+..............................
-----------$115-00 iper hour
in Mechanical,
Mechanical CADDrattsperson....................................
--...-------.---.$95-00 Per Your
Electrical,
Plumbing,
Electrical Engineering
Commissioning,
Senior engineer. Liectr+cal........................ .......
....... ........................ $195-00 per hour
EIeC#r+cal P(CIUCt Maiae r-..----„--,,,.,-„.,,,,,,,,,,,,,,,,,
,,,,,,.................. $150-00 per hotir
Fire Protection,
EleCtrlCal besigw...............................................
............................. S115-00 per hour
Technology,
WC(MA? ,'AI) Draftsper5pn......................................................
......... $95. 00 Wrhour
Energy.
Corn rnissioning 5enjiW
Director of Commissioning Senices ...........................
......... $1q5-90 per hour
Comm+ssion+ng Agent .........................................
„.. „ ........ $150.00 per hour
C431V1rt7FS9r0n+ng€ilgi+roeer..........................................................
$115.00 per no{ir
E=Igy_Services
Nfector of Energy SmiQ$S Engineering,.----,,.--„--.
-,-„-„,,,,,,,,,,, ,$195.00 Per hour
Energy Services Engineer-------------------------•----•,----,,..-
,,,..,,,,.,,,-.,,,,..,,, 150.00 p-r hour
Energy Serv+oes Design►er-------------------------••---•,-.-,.,,..-,,,,..,,,,,,,...,,,--,,,Si15-00
per hour
Senior Engineer, MechanlCaI............................................................S195.00 per hour
Fire Protection Project Mar►ager................... ...-...... ......................... $150.00 perlxour
Fire Protection Designer ---------- ----------------- --- ----------------- ,...... $115.00 per how
PIAJ
�• r i. i
Senior Engineer ........... _ ..................„--,..... .----. --- .... .....$195.00 per Iwour
Project Manager ,.,......r.................................... ............................ $150.00 per hour
UtilityCoordinator................................. - ......................... .............. .$1'15.00 per hour
CAC Draftsperson ....................••..--..-.....-....,--- ,,.-- ---„ ................. $95.00 per hour
Low VQItag� gnsiwedllp
Senior Engineefire Electrical.,.,.,.. -,.. ..................... ....... $19$-00 per hour
Low VOIWd Project Manager.......................................................... 150-00 per hour
Low VO age Nsigner...— .......... ....„--,,......................... .................. $115-00 per hour
Clerical SuPport---------- -----..................... - ...................... .. .. ....... $75-00 per hour
AS-NFEDFD SERVICES, CITY OF PALM SPRINGS UrAyit
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. Mao55575 18165W900159 2