HomeMy WebLinkAboutA8878 - WESTGROUP DESIGNS, INC
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 4, 2025
Westgroup Designs, Inc.
ATTN: PariSima Hassani, President
19520 Jamboree Rd., Suite 100
Irvine, CA 92612
Re: Professional Services Agreement No. 8878 for On-Call Architectural Design Services
Dear Ms. Hassani,
The referenced agreement expired 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, 2026. This
is the second 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 8878 for one (1) year ending June 30, 2026.
__________________________________ _____________________________
Westgroup Designs, Inc. Date
Docusign Envelope ID: 4C1ADF9C-7899-4017-B836-D9DF45F8C3CD
6/4/2025
6/13/2025
CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
ON -CALL ARCHITECTURAL DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and
entered into, to be effective this 1st day of July, 2021,by and between the CITY OF PALM SPRINGS, a
California charter city and municipal corporation, (hereinafter referred to as "City") and WESTGROUP
DESIGNS, 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" Architectural Design
Services for a variety of future capital improvement projects, (hereinafter the "Project").
B. Consultant has submitted to City a proposal to provide As -Needed, "On -Call"
Architectural Design Services for a variety of future capital improvement projects to City pursuant to the
terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and
expertise to provide these services and has agreed to provide such services as provided herein.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and
conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Consultant agrees to perform the professional services set forth in the Scope of Services described in
Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as
the "Services" or "Work"). The Services shall be more particularly described in the individual Task Order
issued by the City. As a material inducement to the City entering into this Agreement, Consultant
represents and warrants that this Agreement requires specialized skills and abilities and is consistent with
this understanding, Consultant is a provider of first class work and professional services and that
Consultant is experienced in performing the Work contemplated herein and, in light of such status and
experience, Consultant covenants that it shall perform the Work in a competent, professional, and
satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality,
experienced, and well qualified members of the profession currently practicing under similar conditions.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following:
(1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; (4) the Consultant's
signed, original proposal submitted to the City ("Consultant's Proposal"); and (5) the Task Order (as
defined herein) (collectively referred to as the "Contract Documents"). The City's Request for Proposals
55575.18165\32900159.2 Page 1 of 19 Rev. 5/1/20
and the Consultant's Proposal, which are both attached as Exhibits "B" and "C", respectively, are
incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the
Consultant's Proposal. All provisions of the Scope of Services, Task Order, the City's Request for
Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or
inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying
the provisions in the highest priority document, which shall be determined in the following order of
priority: (Is) the terms of this Agreement; (2"d) the provisions of the Task Order; (31d) 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.
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55575.18165\32900159.2
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. §§1101, et seq., as
amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should
Consultant so employ such unauthorized aliens for the performance of any Work under this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands,
losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which
arise out of or are related to such employment, together with any and all costs, including attorneys' fees,
incurred by City.
2.0 COMPENSATION
2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that
the Services required by this Agreement will vary dependent upon the number, type, and extent of the
Services the Consultant shall provide; and no guarantee of the extent or the type of Services required of
Consultant under the terms of this Agreement is made by the City. The annual level of services required
by this Agreement is unknown and may significantly increase or decrease from year to year. In
acknowledgement of the fact that the number and type of projects requiring the Consultant's Services has
not been identified for this Agreement, City and Consultant hereby acknowledge and agree that a specific
"Maximum Contract Amount" shall be imposed on each separate project that the City may assign
Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be
identified as a Task Order authorized by the City Manager, Director of Development Services, or City
Engineer as provided in this Section 2.1.
The method of compensation for each separate City authorized Task Order may include: (i) a lump sum
payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of
Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the
Schedule of Compensation. Compensation shall include reimbursement for actual and necessary
expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary
expenditures required to perform the professional services under this Agreement. Compensation shall
include the attendance of Consultant at all project meetings reasonably deemed necessary by the City;
Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant
hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of
Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not
be entitled to additional compensation, therefore.
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It is expressly agreed that the maximum contract amount of this Agreement is undefined and is subject to
the number and type of projects requiring the Consultant's Services throughout the duration of the term
of this Agreement, if any. Consultant's compensation shall be limited to the Maximum Contract Amount
identified on each separate, individually authorized Task Order corresponding to a project requiring the
services of the Consultant.
By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual
Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required Services necessary
for the projects.
2.2 Method of Payment. Unless some other method of payment is specified in the Schedule
of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later
than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by
the City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such requests
shall be based upon the amount and value of the Services performed by Consultant and accompanied by
such reporting data including an itemized breakdown of all costs incurred and tasks performed during the
period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make
payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is
reasonably practical. There shall be a maximum of one payment per month.
2.3 Chanees in Scope. In the event any change or changes in the Scope of Services is
requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with
particularity all terms of such amendment, including, but not limited to, any additional professional fees.
An amendment may be entered into: (a) to provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b)
to provide for additional services not included in this Agreement or not customarily furnished in
accordance with generally accepted practice in Consultant's profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement.
If such appropriations are not made, the City Manager may terminate this Agreement as provided in
Section 8.3 of this Agreement; otherwise, there shall be no funding for any Services and Consultant shall
not be entitled to payment for any Services that Consultant may provide.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time
for completion of the Services to be performed by Consultant is an essential condition of this Agreement.
Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed
upon Schedule of Performance for each Task Order. Neither Party shall be accountable for delays in
performance caused by any condition beyond the reasonable control and without the fault or negligence
of the non -performing Party. Delays shall not entitle Consultant to any additional compensation regardless
of the Parry responsible for the delay.
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this
Agreement upon receipt of a written Task Order and shall perform all Services within the time period(s)
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established in the Schedule of Performance. When requested by Consultant, extensions to the time
period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer,
but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall
not be obligated to grant such an extension.
3.3 Force Maieure. The time for performance of Services to be rendered under each Task
Order may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the
Contract Officer within ten (10) days of the commencement of the Force Maj eure Event. A Force 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); 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: PariSima Hassani, CEO/Managing Principal. It is expressly understood that the experience,
knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial
inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible
during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the services performed hereunder. The foregoing principal may not be changed by
Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the
City Manager of City and is subject to change by the City Manager. It shall be the Consultant's
responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance
of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract
Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf
of the City required hereunder to carry out the terms of this Agreement.
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4.3 Prohibition Ap-ainst 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
provision making them subject to all provisions stipulated in this Agreement including without limitation
the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this
Agreement by City, Consultant shall be responsible to City for the acts and omissions of its
subconsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this
Agreement shall create any contractual relationships between any subconsultant and City. All persons
engaged in the Work will be considered employees of Consultant. City will deal directly with and will
make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether
for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more than
twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into
account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of
Consultant from any liability hereunder without the express written consent of City.
4.4 Independent Consultant.
A. The legal relationship between the Parties is that of an independent Consultant, and
nothing herein shall be deemed to make Consultant a City employee. During the performance of this
Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and
shall not act as City officers or employees. The personnel performing the Services under this Agreement
on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any
of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers,
employees, or agents shall not maintain an office or any other type of fixed business location at City's
offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's
employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of
service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with
this Agreement and shall be responsible for all reports and obligations respecting them, including but not
limited to social security income tax withholding, unemployment compensation, workers' compensation,
and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of
Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or
liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or agents
in connection with any performance under this Agreement. Except for professional fees paid to Consultant
as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for the performance of Services under this Agreement. City shall not be liable for compensation or
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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 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 expense,
in a form and content satisfactory to City, the insurance described herein for the duration of this
Agreement, including any extension thereof, or as otherwise specified herein, against claims which may
arise from or in connection with the performance of the Work hereunder by Consultant, its agents,
representatives, or employees. In the event the City Manager determines that the Work or Services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of
written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer
whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below
for professional liability (errors and omissions) insurance, all insurance provided pursuant to this
Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall
be as follows:
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A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force
and effect throughout the term of this Agreement, standard industry form professional liability (errors and
omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per
occurrence and two -million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions
of this section.
(1) Consultant shall either: (a) certify in writing to the City that Consultant is
unaware of any professional liability claims made against Consultant and is unaware of any facts which
may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant
to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the
required limits of the policy shall apply separately to claims arising from errors and omissions in the
rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy shall
be continued in full force and effect at all times during the term of this Agreement, and for a period of
three (3) years from the date of the completion of the Services provided hereunder. In the event of
termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the
prior acts or omissions of Consultant during the course of performing Services under the terms of this
Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by
obtaining separate extended "tail" coverage with the present or new carrier or other insurance
arrangements providing for complete coverage, either of which shall be subject to the written approval by
the City Manager.
(3) In the event the policy of insurance is written on an "occurrence" basis, the
policy shall be continued in full force and effect during the term of this Agreement, or until completion of
the Services provided for in this Agreement, whichever is later. In the event of termination of the policy
during this period, new coverage shall immediately be obtained to ensure coverage during the entire course
of performing the Services under the terms of this Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full
force and effect throughout the term of this Agreement, workers' compensation insurance in at least the
minimum statutory amounts, and in compliance with all other statutory requirements, as required by the
State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation
insurer waiving subrogation rights under its workers' compensation insurance policy against the City and
to require each of its subconsultants, if any, to do likewise under their workers' compensation insurance
policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of
Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of at least one million dollars
($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property
damage including coverages for contractual liability, personal injury, independent Consultants, broad
form property damage, products and completed operations.
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D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force
and effect throughout the term of this Agreement, a policy of business automobile liability insurance
written on a per occurrence basis with a single limit liability in the amount of one million dollars
($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non -
owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force
and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per
occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or
disease.
5.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions
must be declared to and approved by the City Manager prior to commencing any work or services under
this Agreement. Consultant guarantees payment of all deductibles and self -insured retentions. City
reserves the right to reject deductibles or self -insured retentions in excess of $10,000, and the City
Manager may require evidence of pending claims and claims history as well as evidence of Consultant's
ability to pay claims for all deductible amounts and self -insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance
policies required of Consultant pursuant to this Agreement:
A. For any claims related to this Agreement, Consultant's coverage shall be primary
insurance as respects City and its officers, council members, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City and its officers, council members, officials,
employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute
with it.
B. Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers, council members,
officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to each insured, including additional insureds, against
whom a claim is made, or suit is brought to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations shall limit the application of such
insurance coverage.
D. None of the insurance coverages required herein will be in compliance with these
requirements if they include any limiting endorsement which substantially impairs the coverages set forth
herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement
has first been submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements to delete
any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes
no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the
requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required
endorsements, and submittal of certificates without required endorsements may delay commencement of
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the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal
requirements as provided herein.
F. Consultant agrees to ensure that subconsultants, and any other parties involved with
the Project who are brought onto or involved in the Project by Consultant, provide the same minimum
insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with subconsultants and
others engaged in the Project will be submitted to the City for review.
G. Consultant acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes
any additional obligations on the City nor does it waive any rights hereunder in this or any other regard.
H. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other policies providing at least
the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration.
Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided
to City no later than ten (10) days prior to expiration of the lapsing coverage.
1. Requirements of specific insurance coverage features, or limits contained in this
section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any
coverage normally provided by any given policy. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to
be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this
section.
K. Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the Work performed under this Agreement and for any other claim or loss which
may reduce the insurance available to pay claims arising out of this Agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for
payment of potential claims.
L. Consultant agrees that the provisions of this section shall not be construed as
limiting in any way the extent to which the Consultant may be held responsible for the payment of damages
resulting from the Consultant's activities or the activities of any person or person for which the Consultant
is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized
insurers in good standing with the State of California. Coverage shall be provided by insurers admitted
in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such
requirements are waived in writing by the City Manager or his designee due to unique circumstances.
Page 10 of 19 Rev. 5/1/20
55575,18165\32900159.2
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance
and endorsements, including additional insured endorsements, affecting all of the coverages required by
this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before
work commences. City reserves the right to require Consultant's insurers to provide complete, certified
copies of all required insurance policies at any time. Additional insured endorsements are not required
for Errors and Omissions and Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto
Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability
Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements
stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional
insured... " ("as respects City of Palm Springs Contract No. ifor 'for any and all work performed with
the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self-insurance the
City may have..." ("as respects City of Palm Springs Contract No. " or 'for any and all work performed
with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof,
the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as,
"endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers' Compensation and Employers' Liability policies shall contain the
insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and
volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder
on the policies. All certificates of insurance and endorsements are to be received and approved by the
City before work commences. All certificates of insurance must be authorized by a person with authority
to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain
the required documents prior to the commencement of work shall not waive the Consultant's obligation
to provide them.
6. INDEMNIFICATION
6.1 To the fullest extent permitted by law, Consultant shall 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,
Page 11 of 19 Rev. 5/1/20
5 5 575.18165\32900159.2
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 performance as a "design professional" (as that term is defined under Civil Code section
2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated
herein, Consultant's indemnification obligation shall be limited to the extent which the Claims arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the
performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a
court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall
not exceed the Consultant's proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 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. 5/1/20
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
language and common meaning to achieve the objectives and purposes of the Parties. The terms of this
Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of
construction of contracts (including, without limitation, California Civil Code Section 1654) that
ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of
this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for
convenience and identification purposes only and shall not be deemed to limit, expand, or define the
contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement at any time, with or without cause, upon
thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and
constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such
shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall
immediately cease all Services except such as may be specifically approved by the Contract Officer.
Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of
termination and for any Services authorized by the Contract Officer after such notice. City shall not be
liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall
Page 13 of 19 Rev. 511/20
5 5575.18165\32900159.2
not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation
for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30)
days written notice to City.
8.4 Default of Consultant.
A. Consultant's failure to comply with any provision of this Agreement shall
constitute a default.
B. If the City Manager, or his designee, determines that Consultant is in default in the
performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing
of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure
the default by rendering satisfactory performance. In the event Consultant fails to cure its default within
such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice of any remedy to which City may
be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable
costs incurred by City as a result of such default. Compliance with the provisions of this section shall not
constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided
that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section
8.3.
C. If termination is due to the failure of the Consultant to fulfill its obligations under
this Agreement, City may, after compliance with the provisions of Section 8.4.13, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent
that the total cost for completion of the Services required hereunder exceeds the Maximum Contract
Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may
withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts
owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall
not limit Consultant's liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing
and signed by a duly authorized representative of the Party against whom enforcement of a waiver is
sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained
in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor
shall failure by the Parties to require exact, full, and complete compliance with any of the covenants,
conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in
any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the
exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other rights or remedies for the same default or any other default by
the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal
action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to
Page 14 of 19 Rev. 5/1/20
55575.18165\32900159.2
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement.
8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement
results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to
such other relief as may be granted, to recover from the non -prevailing Party all reasonable costs and
expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all
fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such
proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non -liability of City Officers and Employees. No officer or employee of the City shall
be personally liable to the Consultant, or any successor -in -interest, in the event of any default or breach
by the City or for any amount which may become due to the Consultant or to its successor, or for breach
of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has
or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any
agreement of any kind with any such officer or employee during the term of this Agreement and for one
year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any
third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Consultant shall not discriminate against any employee or applicant for employment because
of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of
origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender
identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis").
Consultant shall ensure that applicants are employed, and that employees are treated during their
employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to
enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions
hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any
Consultant activity, including but not limited to the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship; and further, that Consultant is in full
compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without
limitation the provision of benefits, relating to non-discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permissible under law, and in lieu of any other warranty by
City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that
Consultant shall defend at its expense any claim or suit against City on account of any allegation that any
item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of
this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall
Page 15 of 19 Rev. 5/1/20
5 5 575.18165\32900159.2
pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly
notified in writing of the suit or claim and given authority, information and assistance at Consultant's
expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to
the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify
City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of
such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or
(2) the use of a deliverable in combination with other material not provided by Consultant when it is such
use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all
negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any
settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any
suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of
such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for
City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend
this patent and copyright indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder shall be in
writing, and shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified
mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence
of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the
address of the person to receive such notice if delivered personally or by messenger or overnight courier;
(ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when
sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by
facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of
electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of
notice required hereunder. Notices or other communications shall be addressed as follows:
To Ci : City of Palm Springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: Westgroup Designs, Inc.
Attention: PariSima Hassani
19520 Jamboree Road, Suite 100
Irvine, CA 92612
Telephone: (949) 250-0880 X112
Facsimile: (949) 250-0882
10.3 Entire Agreement. This Agreement constitutes the entire understanding between the
Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and
understandings, if any, made by or among the Parties with respect to the subject matter hereof. No
amendments or other modifications of this Agreement shall be binding unless executed in writing by both
Parties hereto, or their respective successors, assigns, or grantees.
Page 16 of 19 Rev. 5/1/20
55575.18165\32900159.2
10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in
such a manner as to be effective and valid under applicable law, but if any provision of this Agreement
shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such
provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the
reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is
so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of
the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing
contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring,
any rights, including, without limitation, any rights as a third -party beneficiary or otherwise, upon any
entity or person not a 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. 5/1/20
55575.18165\32900159.2
SIGNATURE PAGE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF PALM SPRINGS AND WESTGROUP DESIGNS, INC.
IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed
the day and year first above written.
ATTEST:
CITY F PALM SPRINGS, CA
By
y Mejia, r0egk�
Date: d�1/CSZ
APPROVED AS TO FORM:
By
Jeffrey . B linger, ity Attorney
Date:( -
CONSULTANT
Name: Westgroup Designs, Inc.
CONTENTS APPROVED:
*- By 1-1
!,,./Justin Clifton, City Manager
�✓ Date:
APPROVED BY CITY COUNCIL:
Date: Agreement No. A 9176
Check one: _Individual _Partnership _VCorporation
APPROVED SY CRY COUNCL
,L_
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: 19520 Jamboree Rd., Suite 100
Irvine, CA 92612
Signature (notarized)
Name: PariSima Hassani
B
Y
�-��Signatiire notarized)
Name: David J. Smith
Title: President / CEO + Managing Principal Title: Secretary / Principal + COO
Page 18 of 19 Rev. 5/1/20
55575.18165\32900159.2
CAUFORRIA ALL-PORPOLE AfCMOWLEDGIM1ENi CPAL CODE § 1189
+Y::k>AS 39 ..:n�<.C..T.'..i'.dxa'v Sa �A1.sA. M_+.Y>/.Y.aM...+,�A.4P g<K.M.R .. A"..'C'. i.!"x d'��CxiY�Y r»»/X /.:1Y.`.b✓!e>¢i rf<eta 9C
A notary public or arima dfilm aanpk6V this cadiciva vwfw ady the WWft of the nAve" iAto aigir d the
document to which this cerificame d snacked and not the maddolnasa. accuracy, or wab ft of that doamratL
Statbe of Cafifarrria
County of Orange ) `/
on Z27tfore m
11yZa21 bee. Steve- Oberfetneler, /Votary Palific
Die Heria Irmart Name and Uft of hire Officer
pe—r,allt, appeared PariSima Hassani and David J. Smith —
fvame1123 of J
who proved to me art the basis of ambafad bry evidience to be the persoro) whose names) ge/are
gybed to the wdhm instrument and acknowledged to me that 41imilthsAhey exsarted the same in
JmetiMerldva sulhonzed cspacdy my and that by howl0arAtterr aiggr►attue(s) on the rmdrument the person(a),
or the entity upon behalf of which the person(a) acted, executed the inebiunen .
certiFj mutter PENALTY OF PERJURY under the laws
of the State of CsSfornin that the foregoing paragraph
is true and correct
�unuuuu uumuuununnuuunuuunuuuuauuuuunnnuuunununug WITNESS My hdmd and afro
SE STEVE OBERLANDER
' COMM. #2288368 z
Notary Public - California o 8igrtsttre
Orange County=SOmW% of Abby Pric
munnmoa„,� My Comm. Expires June 9, 2023
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Though Hm sec5'mi is ophionsk conVAitbng ffus rrrfornnation can deter aftaraiaon of hire document or
fAmduierrt re nmerrt of titre form to an uninf+arrdad document
Description of Attm;hed Document
Tdme, or Type of D==antDesign Services AgreementDomrnent Date,
Number of Pages 151 Signer(s) other Than Named Above:
CapecihAe4 Clsuned by Eigner(a)
Si aNma Hassani
cu&cer — TMaW President
❑ Partner — ❑ Lvn?md ❑ Gerrend
❑ In fFvkhL l ❑ Attorney m Fad
❑ Trustee ❑ DuarrSan or Conservator
❑ other -
Si r Is Representing:
VI eStgroup Designs. nc.
sigpnnoara Name: David J. Smith
®"Corpora Officer — Titla(af: SecretarT
❑ Partner — ❑Limited ❑ C renand
❑ Individual ❑ Attorney m Fact
❑ Trustee ❑ ouardan or Conservator
❑ Other
WIs HeptesardkQ:
eTmsrtgroup Designs. Inc.
W014 N&banm Nclmy Aa3ocishm - www.N labry-ag • 1-800-1f8 NCiTARY (1-8Dag78-68'27) ftam S5007
Page 19 of 19
Rev.
55 575.18165\32900159.2
5/1 /20
EXHIBIT "A"
SCOPE OF SERVICES
The selected firms shall provide first-rate architectural services on an as -needed basis for various City
projects as assigned. Responsibilities may include, but are not limited to, the following:
Lead a team to prepare architectural, structural, mechanical, electrical, plumbing, safety
systems, landscaping and other drawings as needed for new infrastructure, upgrades or
improvements for municipal buildings and structures.
2. Preparation of conceptual drawings, plans and renderings as may be requested by the City for
projects being contemplated or visioning sessions with the community.
3. Move assigned projects through all City entitlement processes, including but not limited to,
architectural review, planning approval, building & safety, engineering and construction,
including City Council approval if applicable.
4. Architectural services for designated historical buildings, as well as completely new
construction, alteration and renovation projects on historic sites. This includes project design,
research, evaluation, planning, handicapped accessibility, and engineering services (civil,
structural, MEP, land surveying, etc.) incidental to the project.
5. Attend meetings and prepare presentations for staff reports to City advisory board,
commissions, and the City Council when said meetings relate to projects covered by this
contract, and as warranted or directed by the City Manager or his/her designee.
6. Feasibility studies for new, renovation, and alteration projects.
7. Facility assessment, studies and/or audits to determine compliance with various federal, state,
and local regulations (ADA, Building Code, Fire Code, energy efficiency, etc.)
8. Preparation of reports that may be needed for preliminary documents, working drawings,
permitting, construction drawings, specifications, bid documents, and construction cost
estimates.
9. Coordinate with a sub -consultant to provide plans and construction drawings for the
installation of fire sprinklers and fire alarm systems in new or existing buildings. This may be
part of a larger project or a standalone project to install fire sprinklers and fire alarm systems in
an existing building.
10. Provide construction advisement and/or construction management services, value engineering
and advice on projects that need to be constructed in phases.
11. Provide documentation, assist in warranty review, participate in project close-out, and provide
as -built record drawings as -needed.
Rev. 511/20
55 5 75 . l 8165\32900159.2
12. Cooperate, coordinate, and communicate with all internal City departments and divisions as
necessary. Coordinate meetings with City staff, contractors and other stakeholders as the
project may require.
It will be the responsibility of the successful firms to determine the necessary staffing level required to
perform the scope of service of each project assigned. The City will not provide dedicated work space or
office space, City staff, or City resources, printing or copying services, or clerical assistance for the
performance of this agreement.
All services shall be performed in compliance with the industry and professional standards and all
applicable federal, state, and local laws, ordinances, and regulations including the Americans with
Disabilities Act (ADA), current California Building Code, and the rules and ordinances of the County of
Riverside and the City of Palm Springs.
The City further reserves the right, when applicable and in the best interests of the City, to require the
architect to engage sub -consultants with special expertise when the unique circumstances of a particular
project warrants such additional services. The City may provide recommendations to the architect for
consideration and reserves the right of approval of any sub -consultant selected by the architect on any
project.
All proposals must be made on the basis of the requirements contained herein. Individual tasks may
require supervision, sub -consultants, materials, equipment and supplies necessary to complete any
services required.
When the City has an available project or task for our on -call architect firms, they will provide a general
scope, details, and budget for that project. This will be sent to all selected on -call firms. Since all firms
have already been screened for qualifications, the City will ask firms will respond with a short proposal
containing just a detailed list of services that will be provided for the project, identification of staff
assigned to the project, and a cost proposal. If for any reason, a firm is not able to submit a proposal, a
response stating as such will be required. If no response and no proposals are received on multiple
occasions, it may be grounds for the City to not execute the one-year extensions to an on -call
architectural firm.
Rev. 5/1/20
55575.18165\32900159.2
EXHIBIT °`B"
CITY'S REQUEST FOR PROPOSALS
Rev 511120
55575 18163M900159.2
REQUEST FOR
STATEMENT OF QUALIFICATIONS
CITY OF PALM SPRINGS
Date Issued: February 22, 2021
Proposals Due: March 24, 2021
SOQ#08-21
ON -CALL
ARCHITECTURAL.
SERVICES
CITY OF PALM SPRINGS, CALIFORNIA
SOQ#08-21
REQUEST FOR
STATEMENT OF QUALIFICATIONS (SOQ)
The City of Palm Springs ("City") is seeking qualified architects
("Consultants") to provide "on -call' architectural services for a
variety of City projects, as may be assigned. The objective of
this solicitation is to hire multiple Consultants to provide such
services to the City. There is no promise or guarantee of work,
made or implied, by the City and all work that may be assigned
is subject to approval and funding of each project.
BACKGROUND
The City is a charter city located in eastern Riverside County,
California, with a population of over 48,000. The City owns and
operates Palm Springs International Airport (PSP), as well as
many other public facilities within the community such as City
Hall, Fire Stations, Police Headquarters, a Pavilion and
Leisure Center, a Convention Center, a Visitors Center, an
Animal Shelter, Plaza Theater, a Wastewater Treatment Plant,
Downtown Parking Structures, and the Main Library, to name
a few.
The City has on -going requirements to maintain, improve or
expand their public facilities over the next five (5) years. The
types of projects that may be contemplated as part of these
on -call architectural services include, but are not limited to, the
following: remodeling, repurposing, refurbishing existing
public buildings; restoration or refurbishing of designated
historical public structures; design of new municipal public
structures; space allocation planning; infrastructure upgrades;
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demolition plans for unused facilities; signage design; upgrade of mechanical, electrical, and
plumbing (MEP) equipment; coordinating the design from a sub -consultant for installation of fire
sprinkler and alarm systems in existing buildings; door and window replacements for energy
efficiency; and remodel of existing interior restrooms for ADA compliance. The selected
Consultants shall be required to demonstrate successful experience and capacity to provide
architectural services to a municipal government agency for the types of projects named above.
Projects that are funded with Federal or State grant funds may be excluded from the contract
resulting from this Request for SOQ pursuant to the applicable term and conditions of the grant
requirements. Also architectural services for large projects, as determined by City staff, may be
solicited by a separate procurement, to obtain the best qualified professionals to meet the needs
of that project and to participate in community engagement that will likely be a part of the process.
Under this Request for SOQ, the City intends to award one or more contracts for on -call
architectural services with an initial term of three (3) years, with two (2) one-year extensions upon
approval of the City Manager and mutual consent of the selected firms, for a total maximum of five
years, unless mutually extended by the parties for more than five (5) years.
SCOPE OF WORK
The selected Consultants shall provide first-rate professional architectural services on an as -
needed basis for various City projects as assigned. Responsibilities may include, but are not limited
to, the following:
1. Leading a team to prepare architectural, structural, mechanical, electrical, plumbing,
safety systems, landscaping and other drawings as needed for new infrastructure,
upgrades or improvements for City buildings and structures.
2. Preparing conceptual drawings, plans and renderings as may be requested by the City for
projects being contemplated or visioning sessions with the community.
3. Moving assigned projects through all City entitlement processes, including but not limited
to, architectural review, planning approval, building & safety, engineering and construction,
including City Council approval if applicable.
4. Providing architectural services for designated historical buildings, as well as new
construction, alteration and renovation projects on historic sites. This includes project
design, research, evaluation, planning, handicapped accessibility, and engineering
services (civil, structural, MEP, land surveying, etc.) incidental to the project.
5. Attending meetings and preparing presentations for staff reports to City advisory board,
commissions, and the City Council as warranted or directed by the City Manager or his/her
designee.
6. Preparing feasibility studies for new, renovation, and alteration projects.
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7. Preparing facility assessment, studies and/or audits to determine compliance with various
federal, state, and local regulations (ADA, Building Code, Fire Code, energy efficiency,
etc.)
8. Preparing reports for preliminary documents, working drawings, permitting, construction
drawings, specifications, bid documents, and construction cost estimates.
9. Coordinating with a sub -consultant to provide plans and construction drawings for the
installation of fire sprinklers and fire alarm systems in new or existing buildings. This may
be part of a larger project or a standalone project to install fire sprinklers and fire alarm
systems in an existing building.
10. Providing construction advisement and/or construction management services, value
engineering and advice on projects constructed in phases.
11. Providing documentation, assist in warranty review, participate in project close-out, and
provide as -built record drawings as -needed.
12. Cooperating, coordinating, and communicating with all internal City departments and
divisions as necessary. Coordinate meetings with City staff, contractors and other
stakeholders as the project may require.
It will be the responsibility of selected Consultants to determine the necessary staffing level
required to perform the scope of service of each project assigned. The City will not provide
dedicated work space or office space, City staff, or City resources, printing or copying services, or
clerical assistance for the performance of the services.
All services shall be performed in compliance with the industry and professional standards and all
applicable federal, state, and local laws, ordinances, and regulations including the Americans with
Disabilities Act (ADA), current California Building Code, and the rules and ordinances of the County
of Riverside and the City of Palm Springs.
The City further reserves the right, when applicable and in the best interests of the City, to require
the selected Consultant to engage sub -consultants with special expertise when the unique
circumstances of a particular project warrants such additional services. The City may provide
recommendations to the selected Consultant for consideration and reserves the right of approval
of any sub -consultant on any project.
All SOQs must be made on the basis of the requirements contained herein. Individual tasks may
require supervision, sub -consultants, materials, equipment and supplies necessary to complete
any services required.
When the City makes available a project or task for a selected Consultant, the selected Consultant
will provide a general scope, details, and budget for that project. This request will be sent to all
selected Consultants. Since all selected Consultants will have already been screened for
qualifications, the City will ask selected Consultants to respond with a short proposal containing a
detailed list of services that will be provided for the project, identification of staff assigned to the
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project, and a cost proposal. If for any reason a selected Consultant is not able to submit a proposal,
a response stating as such will be required. If no response and no proposals are received on
multiple occasions, it may be grounds for the City to not execute the one-year extensions to the
contract with the selected Consultant.
STATEMENT OF QUALIFICAITONS REQUIREMENTS
Consultants must submit their SOQ in the order provided below. The SOQ must be in an 8Y2' x 11"
format and not more than thirty (30) pages. In an effort to be sustainable, submissions will be
electronic pdf format only.
Consistent with the City's Municipal Code for the acquisition of professional architectural services,
price is NOT an evaluation criteria. Cost proposals shall be submitted as a separate pdf file, which
will not be considered until after evaluation of the SOQ by the Evaluation Committee. Upon
selection of the most qualified Consultants, the associated cost proposals will be used as a basis
for contract negotiations. The City reserves the right to enter into agreements with more than one
Consultant.
1. Cover letter. The SOQ shall include a cover letter that at minimum identifies the company,
mailing address, main point of contact, email and phone number for contact, and reason for
submitting the SOQ.
2. Firm and Staff Qualifications. This section shall describe the qualifications of the
Consultant and its ability to provide on -call architecture services to the City. You may include
a list of other public agencies your firm is providing similar on -call architecture services.
Discuss your firm's experience in the various processes, approvals, and procedures
associated with providing such services for a public agency. Discuss your firm's familiarity
and any unique issues that come with providing architectural services in the City and
Coachella Valley. Identify any key or critical issues that you foresee may be encountered
while providing on -call architectural services. Describe your firm's method to ensure its
projects are delivered to clients on time and within your clients budget.
Identify staff assigned to provide these services. Include relevant and/or specific examples
that demonstrate their experience, technical expertise, licenses, specialties and/or ability to
provide the requested services. Include an organizational chart to show the team of staff
and possibly sub -consultants your firm may use to provide the scope of services. (40 points)
3. Scope of Work. This section shall provide a detailed description on the Consultant's
approach or methodology in providing each item in the scope of work. The descriptions
provided shall demonstrate the Consultant's ability to provide on -call architectural services
to satisfactorily complete the requirements of each scope of work item. (40 points)
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Please note: This Request for SOQ cannot identify each specific, individual task required to
implement the on -call services requested. The City relies on the professionalism and
competence of the selected Consultant(s) to be knowledgeable of the general areas
identified in the scope of work and to include in its SOQ and cost proposal all required tasks
and subtasks, personnel commitments, man-hours, direct and indirect costs, etc., needed
to provide the on -call services. The City will not approve amendments to the selected
Consultant's agreement which do not involve a substantial change from the general scope
of work identified in this Request for SOQ.
4. Reference Project. Identify one example project for which your firm and staff provided on -
call architectural services. (15 points)
• Provide a short description of the project and the location of the project.
• Provide the approximate cost of your services on that project
• Provide the date range your firm provided those services
• Provide contact information for someone who can verify your work on the project.
• Include any pictures that demonstrates 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 architectural and construction trends
• Creative design
• Green building design such as LEED Certified, solar panels, water conservation,
drought tolerant planting, smart technologies, etc.
• Historic preservation
• Sensitivity to funding constraints
• Public Private Partnerships (P3)
• Working with a Tribe or the indigenous peoples of the United States
• Analysis of a complex situation, or a challenging problem encountered and how
you solved it
• Oral and written communication skills, including staff or council reports
• Preparation of presentations to meetings, neighborhoods, stakeholders
• Interaction with the client's organization, (i.e. other divisions or departments,
Boards, Commissions, Councils)
5. Local Business Preference Program. (up to 5 points) Pursuant to Palm Springs
Municipal Code Section 7.09.030 Local Business Preference Program, the Local Preference
in Services does apply. In order for a local business to be eligible to claim the local
preference, the local business must request the consideration of the local preference
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program (see Attachment A) in this section of the SOQ and provide a copy of its current
business license from a jurisdiction in the Coachella Valley showing the address of the
business is located in the Coachella Valley.
"Local business" means a vendor, contractor, or consultant who has a valid physical
business address located within the Coachella Valley, at least six months prior to bid
or proposal opening date, from which the vendor, contractor, or consultant operates
or performs business on a day-to-day basis, and holds a valid business license by a
jurisdiction located in the Coachella Valley. Post office boxes are not verifiable and
shall not be used for the purpose of establishing such physical address.
"Coachella Valley" means the area between the Salton Sea on the south, the
San Jacinto and Santa Rosa Mountains on the west, and the Little San
Bernardino Mountains on the east and north. For the purposes of this
definition, "Coachella Valley" includes the cities of Beaumont and Banning
and the unincorporated areas between Banning and the City of Palm Springs.
Consultants that request the local preference and qualify as a local business will be awarded
the full five (5) points.
A Consultant that qualifies as a local business but does not request the local preference or
a Consultant that does not qualify as a local business will earn zero (0) points for the Local
Business Preference Program.
6. Forms. The following attachments must be included in the SOQ. These attachments do not
count towards the thirty (30) page limit.
• Attachment A — Signature and Addenda Acknowledgement Form
• Attachment B — Non -Collusion Declaration Form
• Attachment C — Conflict of Interest and Non -Discrimination Certification
• Attachment D — Public Integrity Disclosure Form (do not include instructions)
• Attachment E — Sample Professional Services Agreement for On -Call Services
(Please see instructions for submitting in Attachment E)
7. Cost Proposal (separate file). Provide a cost proposal that identifies a schedule of hourly
rates for each person and/or position assigned to perform the requested services and
include any other rates or direct costs that may apply to this Request for SOQ. Cost
increases to the schedule of hourly rates shall be allowed once per calendar year. Updated
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rates must be submitted in writing and received by January 31 of each calendar year. If no
updated rate schedule is received by the end of January, the previously approved rate
schedule shall continue. If any overhead rate is applied to sub -consultant work, the terms
must clearly be identified in the cost proposal.
QUESTIONS OR CLARIFICATIONS
It shall be the Consultant's responsibility to ask questions, request clarifications, or otherwise
advise the City of any language, specification, or requirements of the Request for SOO that is
ambiguous or contradictory.
Questions and requests for clarification regarding this Request for SOO shall be submitted in
writing to:
Leigh Gileno, Acting Procurement & Contracting Manager at:
Leigh.Gileno(a-)palmspringsca.gov
by 3:00 PM, on March 17, 2021. Questions and requests for clarification received after that date
and time will not be answered. Requests for time extensions will not be approved.
Interpretations or clarifications considered necessary in response to such questions and request
for clarification will be resolved by the issuance of formal Addenda to the Request for SOO. 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 SOQ 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 08-21-You rCompanylnc-SOQ
SOQ 08-21-YourCompanylnc-Cost Proposal
Electronic submittals shall be uploaded to the
following site via the link below. All submissions
will be time and date stamped upon submittal.
Submittals shall be received by the deadline of
3:00 PM, March 24, 2021. Late submissions will
be rejected.
https://spaces.hightail.com/uplink/Procurement
INFORMATION REGARDING STATEMENT OF QUALIFICATIONS
PRIOR CITY WORK: If your firm has prior experience working with the City, DO NOT assume all
members of the evaluation committee know about said prior work done by your firm. All Consultants
are evaluated on the information contained in their 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 SOQ in the preparation of their SOQ or
participation in any presentation if requested, or any other aspects of the entire Request for SOQ
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
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legal entity, submitted an SOQ without an authorized signature, falsified any information in the
SOQ, etc.), the SOQ may be rejected.
NONCOLLUSION: All Consultants must execute the Non -Collusion Declaration Form provided as
Attachment "B" in this Request for SOQ and include it with their SOQ.
COMPLIANCE WITH LAW: Consultant warrants that all services rendered shall be performed in
accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders,
rules, and regulations.
PUBLIC RECORD: All documents submitted in response to this solicitation will become the
property of the City and are subject to the California Code Section 6250 et seq., commonly known
as the California Public Records Act ("CPRA"). Information contained in the documents, or any
other materials associated with the solicitation, pursuant to CA Government Code 6255 during the
negotiation process, may be made public after the City's negotiations are completed, and staff has
agendized the recommendation to the City Council for the award of a contract to a specific
Consultant, but before final action is taken by the City Council to award the contract.
Although the CPRA recognizes that certain confidential trade secret information may be protected
from disclosure, the City may not be in a position to establish that the information submitted in a
proposal is a trade secret. If a request is made for information marked "Confidential," "Trade
Secret," Proprietary," or any other similar designation, the City will provide the Consultant
submitting such information with reasonable notice to allow the Consultant to seek protection from
disclosure by a court of competent jurisdiction.
If a submitting Consultant contends that a portion of the submittal is confidential even under the
CPRA, the firm: 1) must clearly label each document and/or page deemed a confidential document
2) the legal rationale supporting such contention including specific references to applicable
provisions of the CPRA 3) must actively defend against any request for disclosure of information
which the Consultant has determined should not be released, and 4) must indemnify and hold
harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person
challenging the City's refusal to release the documents. The City will not, under any circumstances,
incur any expenses, or be responsible for any damages or losses incurred by a Consultant
submitting a submittal or any other person or entity, because of the release of such information.
The City will not return the original or any copies of the submittal or other information or documents
submitted to the City as part of this Request for SOQ process. Note that the City may NOT
recognize submittals where all of the information, via a blanket statement, is submitted as
proprietary information or a trade secret. Such submittals may be found non -responsive.
INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary
to determine the ability of the Consultant responding to this Request for SOQ to perform the
services and the Firm shall furnish to the City all such information and data for this purpose as the
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City may request. The City reserves the right to reject any SOQ if the evidence submitted by or
investigation of such Firm fails to satisfy the City that such Firm is properly qualified to carry out
the obligations of the Agreement and to complete the services contemplated therein.
LICENSES, PERMITS, FEES, AND ASSESSMENTS: Consultant represents and warrants to City
that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are
legally required to practice its profession and perform the services requested in this Request for
SOQ. Consultant represents and warrants to City that Consultant shall, at its sole cost and
expense, keep in effect at all times during the term of the Agreement, if so awarded, any license,
permit, qualification, or approval that is legally required for Consultant to perform the services under
the Agreement, if so awarded. Consultant shall have the sole obligation to pay for any fees,
assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and
arise from or are necessary for the Consultant's performance of the services required under the
Agreement, if so awarded. Consultants shall indemnify, defend, and hold harmless City against
any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City
to the fullest extent permitted by law.
SOQ TO REMAIN OPEN: Consultants shall guarantee that all contents of their SOQ and cost
proposal shall be valid for a period of 120 calendar days from the due date in this Request for SOQ.
SIGNED SOQ AND EXCEPTIONS: Submission of a signed SOQ will be interpreted to mean that
the Consultant responding to this SOQ has hereby agreed to all the terms and conditions set forth
in all of the sheets which make up this Request for SOQ, and the Agreement (as defined herein) in
Attachment E Exceptions to any of the language in either the Request for SOQ or the Agreement,
including the insurance requirements, must be included in the SOQ and clearly defined. Exceptions
to this Request for SOQ or the Agreement may be considered in the evaluation process; however,
the City makes no guarantee that any exceptions will be approved.
RIGHT TO ACCEPT OR REJECT PROPOSALS: The City reserves the right to waive any
informality or technical defect in an SOQ and to accept or reject, in whole or in part, any or all SOQ
and to cancel all or part of this Request for SOQ and issue a new Request for SOQ, as best serves
the interests of the City. The City furthermore reserves the right to contract separately with others
certain tasks if deemed in the best interest of the City. Issuance of this Request for SOQ and
receipt of SOQ does not commit the City to award a contract.
BUSINESS LICENSE: The selected Consultant will be required to be licensed in accordance with
the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96,
entitled "Business Tax".
INSURANCE: Insurance provisions are contained in the Agreement included in this Request for
SOQ. Successful Consultants will be required to comply with these provisions. It is recommended
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that Consultants have their insurance provider review the insurance provisions BEFORE they
submit their proposal.
FORM OF AGREEMENT: The selected Consultant will be required to enter into a contractual
agreement, inclusive of insurance requirements, with the City in accordance with the standard
Professional Services Agreement for On -Call Services ("Agreement"). Please note that the exhibits
in the Agreement are intentionally not complete. These exhibits will be negotiated with the selected
Consultant, and will appear in the final Agreement executed between the parties.
We specifically draw your attention to the language in sections of the Agreement entitled
"Conflict of Interest" and "Covenants Against Discrimination" and recommend all Consultants
carefully consider these contractual requirements prior to submitting an SOQ. Firms that submit
an SOQ shall certify the following by submitting Attachment "C" as part of its SOQ:
a. Conflict of Interest. Consultant acknowledges that no officer or employee of the City
has or shall have any direct or indirect financial interest in the Agreement nor shall
Consultant enter into any agreement of any kind with any such officer or employee during
the term of the Agreement and for one year thereafter. Consultant warrants that
Consultant has not paid or given, and will not pay or give, any third party any money or
other consideration in exchange for obtaining the Agreement.
b. Covenant Against Discrimination. In connection with its performance under the
Agreement, Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender expression,
physical or mental disability, or medical condition (each a "prohibited basis"). Contractor
shall ensure that applicants are employed, and that employees are treated during their
employment, without regard to any prohibited basis. As a condition precedent to City's
lawful capacity to enter the Agreement, and in executing the Agreement, Contractor
certifies that its actions and omissions hereunder shall not incorporate any discrimination
arising from or related to any prohibited basis in any Contractor activity, including but not
limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship; and further, that
Contractor is in full compliance with the provisions of Palm Springs Municipal Code
Section 7.09.040, including without limitation the provision of benefits, relating to non-
discrimination in city contracting.
Failure or refusal to enter into an Agreement as herein provided or to conform to any of the
stipulated requirements in connection therewith shall be just cause for an annulment of the award.
If the highest ranked Consultant refuses or fails to execute the Agreement, or negotiations are not
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successful, or the Agreement is terminated, the City may, at its sole discretion, enter negotiations
with and award the Contract to the second highest ranked Proposer, and so on.
AWARD OF CONTRACT: It is the City's intent to award a contract to Consultants that can provide
all of the scope of work, equipment and services identified in this Request for SOQ. However, the
City reserves the right to award a contract, or to make no award, whichever is in the best interest
of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City
Council meeting after the evaluation committee has made its final selection of Consultants to be
recommended for award and a contract has been negotiated and put on the agenda for
consideration. The decision of the City Council will be final.
OTHER PUBLIC AGENCY "PIGGYBACK" CLAUSE: It is intended that any other public agency,
at the mutual consent of both parties and consistent with the public agency's policies and
procedures, be permitted to purchase under the terms submitted in the response to this
procurement. Any participating agency shall take sole responsibility for the placing of orders,
arranging for delivery and or services, and making payments to the vendor, contractor, or
consultant. The City will not be liable or responsible for any obligations, including but not limited to
financial responsibility, in connection with the participation by other public agencies.
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ATTACHMENT "A"
SIGNATURE AND ADDENDA ACKNOWLEDGEMENT FORM
1. Name of Company:
Address:
Telephone Number: ( )
Contact Person:
E-Mail:
Tax Identification Number:
2. Type of Firm:
❑ Individual ❑ Partnership ❑ Limited Liability Company
❑ Corporation (State ) ❑ Other (specify)
3. Addenda Acknowledgement:
Acknowledgment of receipt of any addenda issued by the City for this Request for SOQ is
required to be submitted with your SOQ. Failure to acknowledge issued addenda may
result in your SOQ being deemed non -responsive. (If no addenda were issued, leave blank.)
hereby acknowledge receipt of Addendum(s) Numbers
4. Please check below if you are requesting consideration of the Local Business Preference
Program according to the Palm Springs Municipal Code Section 7.09.030. (Check all that
apply)
hereby request consideration of the Local Business Preference Program
and a copy of current business license for the firm or sub -consultant is/are
included.
5. 1 hereby certify that I have the authority to submit this SOQ to the City of Palm Springs
for the above listed individual or company. I certify that I have the authority to bind
myself/this company in a contract should I be successful in my SOQ.
PRINTED NAME AND TITLE
SIGNATURE AND DATE
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ATTACHMENT "B"
NON -COLLUSION DECLARATION FORM
The undersigned, deposes and says that he, she or they is/are an authorized representative of
the party making the foregoing SOQ.
(name of company)
• That the SOQ is not made in the interests of, or on the behalf of, any undisclosed person,
partnership, company, association, organization, or corporation
• That the SOQ is genuine and not collusive or sham
• That the proposer has not directly or indirectly induced or solicited any other proposer to put
in a false or sham SOQ, and has not directly or indirectly colluded, conspired, connived, or
agreed with any proposer or anyone else to put in a sham SOQ, or that anyone shall refrain
from proposing
• That the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the SOQ price of the proposer or any other
proposer, or to fix any overhead, profit, or cost element of the SOQ price, or of that of any
other proposer, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract
• That all statements contained in the SOQ are true
• That the proposer has not, directly or indirectly, submitted his or her SOQ price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereof,
or paid, and will not pay, any fee to any corporation, partnership, company, association,
organization, proposal depository, or any other member or agent thereof to effectuate a
collusive or sham SOQ.
• Any person executing this declaration on behalf of a bidder that is a corporation, partnership,
joint venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute, this declaration on
behalf of the bidder.
NAME and TITLE of Authorized Representative:
(Print)
Signature and Date of Authorized Representative:
(Sign) (Date)
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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)
Wl
(Date)
ATTACHMENT "D"
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1.
Name of Entity
2.
Address of Entity (Principle Place of Business)
3.
Local or California Address (if different than #2)
4.
State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? n Yes n 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: /f any response is not a natural person, please identify a# officers, directors,
members, managers and other fiduciaries for the member, manager, trust or other
entity
❑ Officer ❑ Director ❑ Member ❑ Manager
[name]
❑ General Partner ❑ Limited Partner
❑ Other
❑ Officer ❑ Director ❑ Member ❑ Manager
[name]
❑ General Partner ❑ Limited Partner
❑ Other
❑ Officer ❑ Director ❑ Member ❑ Manager
[name]
❑ General Partner ❑ Limited Partner
❑ Other
17
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
50% ABC COMPANY, Inc.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Date
Name, Title
in
PUBLIC INTEGRITY DISCLOSURE FORM
INSTRUCTIONS FOR APPLICANTS
(DO NOT INCLUDE INSTRUCTIONS IN YOUR WORK PROPOSAL)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the
application, and seek a City approval determined by a vote of City officials. Examples include
corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an
approval by one of the City's board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal
government and assists public officials in avoiding conflicts of interest. The City's Public Integrity
Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring
that companies (and other legal entities that are not natural people) doing business in the
community are transparent and make disclosure as to their ownership and management, and
further that those companies disclose the identity of any person, with an ownership interest worth
two thousand dollars ($2,000) or more, who has a material financial relationship with any elected
or appointed voting City official, or with the City Manager or City Attorney.
Note: A material financial relationship is a relationship between someone who is an owner/investor
in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship
includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the
application;
(2) the official has earned income from the owner/investor during the year prior to the filing of
the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the
year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based
upon the owner/investor's interest in the applicant entity, in relation to the application's
outcome.
When Must I File?
You must file this form at the same time when you file your application for a City approval
determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees,
and other fiduciaries serving trusts or other types of organizations (attorneys, accountants,
etc.).
19
Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity
that is not a natural person serves the applicant entity (e.g., as a member of an applicant
LLC), then all officers, directors, members, managers, trustees, etc., of the second entity
must be disclosed).
B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or
more who have a material financial relationship with an elected or appointed City official who
will vote on the applicant's application, or with the City Manager or City Attorney.
PENALTIES
Falsification of information or failure to report information required to be reported may
subject you to administrative action by the City.
20
PUBLIC INTEGRITY DISCLOSURE FORM
SUPPLEMENTAL INSTRUCTIONS AND EXAMPLE
(DO NOT INCLUDE INSTRUCTIONS IN YOUR WORK PROPOSAL)
In an effort to ensure we capture the required business entity information in accordance with the
attached instructions, we provide you these supplementary instructions to clearly identify the
required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it
is also comprised of other business entities as its members or having a financial interest, all other
such business entities must also be disclosed, including those entities other business entities, if
any.
Ultimately, the City's disclosure document requires a listing identifying all natural persons having
any financial interest over 5% of the business entities (and any other business entities comprising
your business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:
John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited
liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is
managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill
Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability
company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest
each.
The full business entity disclosure in this example would resemble four copies of the form
as follows:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe (page 1)
b. Ownership: (page 2)
i. 50% Acme Brothers, LLC, a California limited liability company (since this
is not a natural person fill out another form for this company)
ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company
a. Managers: Acme Brothers 2, Inc., a California corporation (page 1)
b. Ownership: 100% Acme Brothers 2, Inc., a California corporation (page 2) (since
this is not a natural person fill out another form for this company)
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe (page 1)
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
(page 2) (since this is not a natural person fill out another form for this company)
4. Acme Brothers 2, LLC, a California limited liability company
a. Managers: George Doe (page 1)
b. Ownership: (page 2)
i. 50% George Doe
ii. 50% Jane Doe
(since these are all natural persons stop)
If ownership is an Employee Stock Ownership Plan (ESOP) you can stop there.
21
ATTACHMENT "E"
SAMPLE PROFESSIONAL SERVICES AGREEMENT FOR ON -CALL SERVICES
Please review the Request for SOQ and Agreement. If your company would like to request any
modifications to the Agreement or take exception to language in the Request for SOQ, identify all
requested changes or exceptions as Attachment "E" in your SOQ. If you have no requested
changes or exceptions, then identify that in Attachment "E" of your SOQ.
Please note that the exhibits in the attached Agreement are intentionally not complete. These
exhibits will be negotiated with the selected Consultant(s) and will appear in the final Agreement
executed between the parties.
A Sample of the City's Professional Services Agreement for On -Call Services
are on the pages that follow
22
PROFESSIONAL SERVICES AGREEMENT
(PROJECT NAME AND/OR CONSULTANTS NAME)
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement") is entered into, and
effective on , 20_, between the CITY OF PALM SPRINGS, a California
charter city and municipal corporation, ("City") and , a ,
("Consultant"). City and Consultant are individually referred to as "Party" and are collectively
referred to as the "Parties".
RECITALS
A. City requires the services of a for
("Project").
B. Consultant has submitted to City a proposal to provide ,
to City under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation,
and expertise to provide these services and has agreed to provide such services as provided in
this Agreement.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations,
covenants, and conditions contained herein, and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant agrees to perform the professional services set forth in the Scope of
Services described in Exhibit "A" (the "Services" or "Work"), which is attached and
incorporated herein by this reference. As a material inducement to the City entering into this
Agreement, Consultant represents and warrants that Consultant is a provider of first class work
and professional services and that Consultant is experienced in performing the Work
contemplated and, in light of such status and experience, Consultant covenants that it shall
perform the Work in a competent, professional, and satisfactory manner consistent with the level
of care and skill ordinarily exercised by high quality, experienced and well qualified members of
the profession currently practicing under similar conditions.
1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals;
and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's
Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for
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55575.18165\32900157.2
Proposals and the Consultant's Proposal, which are both attached as Exhibits `B" and "C",
respectively, are incorporated herein by this reference and are made a part of this Agreement.
The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of
Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the
Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or
inconsistency shall be resolved by applying the provisions in the highest priority document,
which shall be determined in the following order of priority: (1st) 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, (4th) 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.
2 Revised: 5/1/20
5 55 75.18165\32900157.2
1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Parties agree to act in
good faith to execute all instruments, prepare all documents, and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance
of the Services, without invalidating this Agreement, to order extra work beyond that specified in
the Scope of Services or make changes by altering, adding to, or deducting from such Work. No
such extra work may be undertaken unless a written order is first given by the City to the
Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined
below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved
in writing by the Consultant. Any increase in compensation of up to twenty-five percent (25%)
of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up
to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to
perform any extra work. Any greater increases, occurring either separately or cumulatively,
must be approved by the Palm Springs City Council. It is expressly understood by Consultant
that the provisions of this section shall not apply to the services specifically set forth or
reasonably contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement,
Consultant shall be compensated by City in accordance with the Schedule of Compensation,
which is attached as Exhibit "D" and incorporated herein by this reference. Compensation shall
not exceed the maximum contract amount of [INSERT NOT TO EXCEED CONTRACT
AMOUNT] Dollars, ($) ("Maximum Contract Amount"), except as may be provided
under Section 1.8. The method of compensation shall be as set forth in Exhibit "D."
Compensation for necessary expenditures for reproduction costs, telephone expenses, and
transportation expenses must be approved in advance by the Contract Officer designated under
Section 4.2 and will only be approved if such expenses are also specified in the Schedule of
Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all
project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to
any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts
the risk that the services identified in the Scope of Services may be more costly and/or time-
consuming than Consultant anticipates, that Consultant shall not be entitled to additional
compensation, and that the provisions of Section 1.8 shall not be applicable to the services
identified in the Scope of Services. If the City's Maximum Contract Amount is reached before
the Consultant's Services under this Agreement are completed, Consultant shall complete the
Work and City shall not be liable for payment beyond the Maximum Contract Amount.
2.2. Method of Payment. Unless another method of payment is specified in the
Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive
payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of
the invoice. The invoice shall be in a form approved by the City's Finance Director and must be
submitted no later than the tenth (10) working day of such month. Such requests shall be based
upon the amount and value of the Services performed by Consultant and accompanied by such
3 Revised: 5/1/20
55575.18165\32900157.2
reporting data including an itemized breakdown of all costs incurred and tasks performed during
the period covered by the invoice, as may be required by the City. City shall use reasonable
efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or
as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in 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 "B"),
incorporated herein by this reference. Neither Party shall be accountable for delays in
performance caused by any condition beyond the reasonable control and without the fault or
negligence of the non -performing Party. Delays shall not entitle Consultant to any additional
compensation regardless of the Party responsible for the delay.
3.2 Schedule of Performance. Consultant shall commence the Services under this
Agreement upon receipt of a written notice to proceed and shall perform all Services within the
time period(s) established in the Schedule of Performance. When requested by Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180)
days cumulatively; however, the City shall not be obligated to grant such an extension.
3.3 Force Maieure. The time for performance of Services to be rendered under this
Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant
notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure
Event. A Force Majeure Event shall mean an event that materially affects the Consultant's
performance and is one or more of the following: (1) Acts of God or other natural disasters
occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required for the Work);
4 Revised: 5/1/20
55575.18165\32900157.2
and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of
governmental authorities," includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of the City in its capacity as a
municipal authority. After Consultant notification, the Contract Officer shall investigate the
facts and the extent of any necessary delay, and extend the time for performing the Services for
the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is
justified. The Contract Officer's determination shall be final and conclusive upon the Parties to
this Agreement. The Consultant will not receive an adjustment to the contract price or any other
compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 4.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of
(weeks/months), commencing on , 201_, and ending on
202_, unless extended by mutual written agreement of the Parties. However, the term shall not
exceed three (3) years from the commencement date, except as otherwise provided in the
Schedule of Performance described in Section 3.2 above.
3.5 Termination Prior to Expiration of Term. City may terminate this Agreement
at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where
termination is due to the fault of Consultant and constitutes an immediate danger to health,
safety, and general welfare, the period of notice shall be such shorter time as may be determined
by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all
Services except such as may be specifically approved by the Contract Officer. Consultant shall
be entitled to compensation for all Services rendered prior to receipt of the notice of termination
and for any Services authorized by the Contract Officer after such notice. City shall not be liable
for any costs other than the charges or portions thereof which are specified herein. Consultant
shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or
compensation for termination of Work. Consultant may not terminate this Agreement except for
cause, upon thirty (30) days written notice to City.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act in its behalf
and make all decisions with respect to the Services to be performed under this Agreement:
[INSERT NAME], [INSERT TITLE]. It is expressly
understood that the experience, knowledge, education, capability, expertise, and reputation of the
foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principal shall be responsible during the term of this Agreement for directing all
activities of Consultant and devoting sufficient time to personally supervise the Services
performed hereunder. The foregoing principal may not be changed by Consultant without prior
written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer
5 Revised: 5/1120
55575.18165\32900157.2
fully informed of the progress of the performance of the Services. Consultant shall refer any
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Consultant shall not
contract with any other individual or entity to perform any Services required under this
Agreement without the City's express written approval. In addition, neither this Agreement nor
any interest may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City. Subcontracts, if any, shall contain a provisions making them subject to
all provisions stipulated in this Agreement including without limitation the insurance and
indemnification requirements. If Consultant is permitted to subcontract any part of this
Agreement by City, Consultant shall be responsible to City for the acts and omissions of its
subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained
in this Agreement shall create any contractual relationships between any subConsultant and City.
All persons engaged in the Work will be considered employees of Consultant. City will deal
directly with and will make all payments to Consultant. In addition, neither this Agreement nor
any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written consent of City. Transfers restricted in this Agreement shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any
surety of Consultant from any liability under this Agreement without the express written consent
of City.
4.4 Independent Consultant. The legal relationship between the Parties is that of an
independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its officers,
employees, and agents shall act in an independent capacity and shall not act or represent
themselves as City officers or employees. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction
and control. Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of its officers, employees, or agents, except as set forth in this
Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any
other type of fixed business location at City's offices. City shall have no voice in the selection,
discharge, supervision, or control of Consultant's employees, servants, representatives, or agents,
or in fixing their number, compensation, or hours of service. Consultant shall pay all wages,
salaries, and other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them, including but not limited to social
security income tax withholding, unemployment compensation, workers' compensation, and
other similar matters. City shall not in any way or for any purpose be deemed to be a partner of
Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with
Consultant.
6 Revised: 5/1/20
5 5575.18165\32900157.2
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
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55575.18165\32900157.2
expense, the insurance described herein. The insurance shall be for the duration of this
Agreement and includes any extensions, unless otherwise specified in this Agreement. The
insurance shall be procured in a form and content satisfactory to City. The insurance shall apply
against claims which may arise from the Consultant's performance of Work under this
Agreement, including Consultant's agents, representatives, or employees. In the event the City
Manager determines that the Work or Services to be performed under this Agreement creates an
increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of
the insurance policies may be changed accordingly upon receipt of written notice from the City
Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best
rating drops below the levels specified in this Agreement. Except as otherwise authorized below
for professional liability (errors and omissions) insurance, all insurance provided under this
Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be
as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in
full force and effect throughout the term of this Agreement, standard industry form professional
liability (errors and omissions) insurance coverage in an amount of not less than one million
dollars ($1,000,000.00) per occurrence and two -million dollars ($2,000,000.00) annual
aggregate, in accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that
Consultant is unaware of any professional liability claims made against Consultant and is
unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant
does not provide the certification under (a), Consultant shall procure from the professional
liability insurer an endorsement providing that the required limits of the policy shall apply
separately to claims arising from errors and omissions in the rendition of services under this
Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the
policy shall be continued in full force and effect at all times during the term of this Agreement,
and for a period of three (3) years from the date of the completion of the Services provided
hereunder. In the event of termination of the policy during this period, Consultant shall obtain
continuing insurance coverage for the prior acts or omissions of Consultant during the course of
performing Services under the terms of this Agreement. The coverage shall be evidenced by
either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail"
coverage with the present or new carrier or other insurance arrangements providing for complete
coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence"
basis, the policy shall be continued in full force and effect during the term of this Agreement, or
until completion of the Services provided for in this Agreement, whichever is later. In the event
of termination of the policy during this period, new coverage shall immediately be obtained to
ensure coverage during the entire course of performing the Services under the terms of this
Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain,
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5 5575. l 8165\32900 l5 7.2
in full force and effect throughout the term of this Agreement, workers' compensation insurance
in at least the minimum statutory amounts, and in compliance with all other statutory
requirements, as required by the State of California. Consultant agrees to waive and obtain
endorsements from its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City and to require each of its
subConsultants, if any, to do likewise under their workers' compensation insurance policies. If
Consultant has no employees, Consultant shall complete the City's Request for Waiver of
Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit of at
least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general
aggregate for bodily injury and property damage including coverages for contractual liability,
personal injury, independent Consultants, broad form property damage, products and completed
operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount of
one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include
coverage for owned, non -owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of employer liability
insurance written on a per occurrence basis with a policy limit of at least one million dollars
($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured
retentions must be declared to and approved by the City Manager or his/her designee prior to
commencing any work or services under this Agreement. Consultant guarantees payment of all
deductibles and self -insured retentions. City reserves the right to reject deductibles or self -
insured retentions in excess of $10,000, and the City Manager or his/her designee may require
evidence of pending claims and claims history as well as evidence of Consultant's ability to pay
claims for all deductible amounts and self -insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the
insurance policies required of Consultant under this Agreement:
A. For any claims related to this Agreement, Consultant's coverage shall be
primary insurance with respect to the City and its officers, council members, officials,
employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and
its officers, council members, officials, employees, agents, and volunteers shall be in excess of
Consultant's insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies,
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5 5575. l 8165\32900157.2
including breaches of warranties, shall not affect coverage provided to City and its officers,
council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to each insured, including additional insureds,
against whom a claim is made or suit is brought to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its operations shall
limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement
which substantially impairs the coverages set forth in this Agreement (e.g., elimination of
contractual liability or reduction of discovery period), unless the endorsement has first been
submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements
to delete any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being
required) to comply with the requirements of the endorsements. Certificates of insurance will
not be accepted in lieu of required endorsements, and submittal of certificates without required
endorsements may delay commencement of the Project. It is Consultant's obligation to ensure
timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subConsultants, and any other parties
involved with the Project who are brought onto or involved in the Project by Consultant, provide
the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Consultant agrees that upon
request, all agreements with subConsultants and others engaged in the Project will be submitted
to the City for review.
G. Consultant acknowledges and agrees that any actual or alleged failure on
the part of the City to inform Consultant of non-compliance with any insurance requirement in
no way imposes any additional obligations on the City nor does it waive any rights in this or any
other regard.
H. Consultant shall provide proof that policies of insurance required in this
Agreement, expiring during the term of this Agreement, have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to
the renewing or new coverage shall be provided to City no later than ten (10) days prior to
expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits contained
in this section are not intended as limitations on coverage, limits, or other requirements, or as a
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
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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. it or ':for any
and all work performed with the City" may be included in this statement).
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5 55 75.18165\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 Desien Professional Services Indemnification and Reimbursement. If
Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's
performance as a "design professional" (as that term is defined under Civil Code section 2782.8),
then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated
herein, Consultant's indemnification obligation shall be limited to the extent which the Claims
arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining
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a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim,
including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed
accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the
Services required by this Agreement and to enable the Contract Officer to evaluate the
performance of such Services. The Contract Officer shall have full and free access to such books
and records at all reasonable times, including the right to inspect, copy, audit, and make records
and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services required by this Agreement, or as the
Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about
the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees
that Consultant shall promptly notify the Contract Officer the estimated increased or decreased
cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the Services. If Consultant is providing design
services, Consultant shall promptly notify the Contract Officer the estimated increased or
decreased cost for the project being designed if Consultant becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or decrease the cost of
the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared by
Consultant, its employees, subConsultants, and agents in the performance of this Agreement
shall be the property of City and shall be promptly delivered to City upon request of the Contract
Officer or upon the termination of this Agreement. Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials. Any use of such completed documents for other
projects and/or use of incomplete documents without specific written authorization by the
Consultant will be at the City's sole risk and without liability to Consultant, and the City shall
indemnify the Consultant for all resulting damages. Consultant may retain copies of such
documents for their own use. Consultant shall have an unrestricted right to use the concepts
embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide
for assignment to City of any documents or materials prepared by them. In the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of Services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer. All information gained by Consultant in the performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior written
authorization.
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55575.18165\32900157.2
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Consultant shall provide City, or other agents of City, such
access to Consultant's books, records, payroll documents, and facilities as City deems necessary
to examine, copy, audit, and inspect all accounting books, records, work data, documents, and
activities directly related to Consultant's performance under this Agreement. Consultant shall
maintain such books, records, data, and documents in accordance with generally accepted
accounting principles and shall clearly identify and make such items readily accessible to such
parties during the term of this Agreement and for a period of three (3) years from the date of
final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted
both as to validity and as to performance of the Parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such County, and Consultant covenants and agrees
to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and shall
not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Consultant. Consultant's failure to comply with any provision of this
Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she shall
notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer
period as City may designate, to cure the default by rendering satisfactory performance. In the
event Consultant fails to cure its default within such period of time, City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice of any remedy to which City may be entitled at law, in
equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by
City as a result of such default. Compliance with the provisions of this section shall not
constitute a waiver of any City right to take legal action in the event that the dispute is not cured,
provided that nothing shall limit City's right to terminate this Agreement without cause under
Section 3.5.
B. If termination is due to the failure of the Consultant to fulfill its
obligations under this Agreement, City may, after compliance with the provisions of Section
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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 Legal 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
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55575.18165\32900157.2
City has or shall have any direct or indirect financial interest in this Agreement nor shall
Consultant enter into any agreement of any kind with any such officer or employee during the
term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has
not paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under
this Agreement, Consultant shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or
mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that
applicants are employed, and that employees are treated during their employment, without regard
to any prohibited basis. As a condition precedent to City's lawful capacity to enter this
Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions
hereunder shall not incorporate any discrimination arising from or related to any prohibited basis
in any Consultant activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship; and further,
that Consultant is in full compliance with the provisions of Palm Springs Municipal Code
Section 7.09.040, including without limitation the provision of benefits, relating to non-
discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copvri2ht Infringement. To the fullest extent permissible under
law, and in lieu of any other warranty by City or Consultant against patent or copyright
infringement, statutory or otherwise:
A. It is agreed that Consultant shall defend at its expense any claim or suit
against City on account of any allegation that any item furnished under this Agreement, or the
normal use or sale arising out of the performance of this Agreement, infringes upon any
presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages
finally awarded in any such suit or claim, provided that Consultant is promptly notified in
writing of the suit or claim and given authority, information and assistance at Consultant's
expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is
related to the negligence, recklessness or willful misconduct of Consultant. However,
Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a
deliverable, such that City's alteration of such deliverable created the infringement upon any
presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination
with other material not provided by Consultant when it is such use in combination which
infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit
and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or
claim, provided, however, that such defense shall be at Consultant's expense. Consultant shall
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5 5575.18165\32900157.2
not be obligated to indemnify City under any settlement that is made without Consultant's
consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as
a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to
use and sell the item, or shall substitute an equivalent item acceptable to City and extend this
patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that
either party desires, or is required to give to the other party or any other person shall be in
writing. All notices shall be personally delivered, sent by pre -paid First Class U.S. Mail,
registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by
facsimile with attached evidence of completed transmission. All notices shall be deemed
received upon the earlier of (i) the date of delivery to the address of the person to receive such
notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days
after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by
facsimile. Any notice, request, demand, direction, or other communication sent by facsimile
must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of
electronic transmission such as e-mails, text messages, and instant messages are not acceptable
manners of notice required hereunder. Notices or other communications shall be addressed as
follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant:
Attention:
Telephone:
Facsimile:
10.3 Integrated Agreement. This Agreement constitutes the entire understanding
between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements,
representations, and understandings, if any, made by or among the Parties with respect to the
subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. If any provision
of this Agreement shall be determined to be invalid by a final judgment or decree of a court of
competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition
or invalidity, without invalidating the reminder of that provision, or the remaining provisions of
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55575.18165\32900157.2
this Agreement unless the invalid provision is so material that its invalidity deprives either Party
of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third -party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above -referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i)
the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he
or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which
he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing
is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other Agreement to which the Party for which he or she is
signing is bound.
10.9 Counterparts, This Agreement may be signed in counterparts, each of which
shall constitute an original.
[SIGNATURES ON NEXT PAGE]
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55575.18165\32900157.2
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN
THE CITY OF PALM SPRINGS AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
below.
Date:
APPROVED AS TO FORM:
By:
Jeffrey S. Ballinger,
City Attorney
APPROVED BY CITY COUNCIL:
Date: Agreement No.
"CITY"
City of Palm Springs
By:
David H. Ready, PhD
City Manager
ATTEST
IIn
Anthony Mejia,
City Clerk
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The
second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
CONSULTANT NAME:
Address
By
Signature (Notarized)
Check one _ Individual _ Partnership _ Corporation
MA
Signature (Notarized)
19 Revised: 5/1/20
55575.18165\32900157.2
CALIFORNIIA ALL-PURPOSE ACXNOWLEDCIEENT CIVIL CODE § 118g
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20 Revised: 5/1/20
55575.18165132900157.2
EXHIBIT "A"
SCOPE OF SERVICES
21 Revised: 5/l/20
5 5575.18165\32900157.2
EXHIBIT "B"
CITY'S REQUEST FOR PROPOSALS
22 Revised: 5/l/20
55575.18165\32900157.2
EXHIBIT "C"
CONSULTANT'S PROPOSAL
23 Revised: 5/1/20
55575.18165\32900157.2
EXHIBIT "D"
SCHEDULE OF COMPENSATION
24 Revised: 5/l/20
55575.18165\32900157.2
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
25 Revised: 5/l/20
5 5575.18165\3290015 7.2
?AL/q S
SOQ #08-21
ON -CALL ARCHITECTURAL SERVICES
't ADDENDUM NO. 1
rq�frORN�� This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q1: How many teams does the City anticipating adding to the on -call list?
A1: The prior On -Call Architectural Services SOQ there were 4 architecture firms
selected for on -call services.
Q 2: Can you share an expected or estimated maximum or minimum contract value per
agreement? For example, the City of Newport Beach just issued an on -call RFQ for a
five year period with a maximum contract value of $400,000.
A 2: Our On -Call Architectural Services will not be set up with a minimum or
maximum contract value. The background of the Request for SOQs explains that
the City owns everything from the Airport and a Convention Center down to
smaller public buildings. Task orders approved for an on -call firm can be as small
as providing a feasibility study for a renovation to something large like new
construction on an empty lot.
Q 3: Regarding the City's on call RFSOQ, it does appear that it is just for building architects
but just wanted to make sure since the IMS report does mention other disciplines and
page 6 lists water conservation, drought tolerant planting and smart technologies etc.
Is this an On -call for Architects only or is it open for other disciplines as well?
A 3: Pursuant to the first line of the Request for SOQ on page 2, the City of Palm
Springs is seeking qualified architects to provide on -call architectural services to
the City. Architects will generally supplement their team with sub -consultants that
may have certain expertise, they will show this as described in the Firm and Staff
Qualifications section of the RFSOQ on page 5.
Q 4: Which pages from exhibit "E" shall be inserted into our response? Entire contract? Or
just a statement acknowledging Exhibit E?
A 4: On page 22 of the SOQ, the first paragraph states, "Please review the Request for
SOQ and Agreement. If your company would like to request any modifications to
the Agreement or take exception to language in the Request for SOQ, identify all
requested changes or exceptions as Attachment "E" in your SOQ. If you have no
requested changes or exceptions, then identify that in Attachment "E" of your
SOQ.
Q 5: Exhibits "A" through "D" are located on pages 14 - 18, but similarly there are Exhibits
"A" through "E" on pages 43-47 of the SOQ at the end of the Master Agreement. Should
we insert both into our response as they differ from one another? Please clarify.
A 5: Pages 14-18 are marked "Attachments" which are required submittals with your
SOQ. Pages 43-47 are marked "Exhibits". These are exhibits only to the contract
services agreement. Per the SOQ document, please refer to page 22, second
paragraph states that "Please note the exhibits in the attached Agreement are
intentionally not complete. These exhibits will be negotiated with the selected
Consultant(s) and will appear in the final Agreement executed between the
parties."
Q 6: Do you require examples and resumes from possible sub consultants? The structure of
the last paragraph in "firm and staff qualification" on page 5 seems to suggest that we
need only list them as part of an organizational chart. Please clarify.
A 6: Resumes can be included but are not required for anyone on your team. We have
received proposals in the past with no resumes and some with resumes for every
single person including subs. Whatever you feel best demonstrates the abilities
of your team members should be included in your proposal.
Q 7: If you do require full references from our proposed sub consultant team may we add
them as an appendix as this would constitute more pages than is allowable?
A 7: Full references of your subs can be included but are not required. Any information
included in addition to the 30 allowed pages will not be scored.
Q 8: Where will the Addenda be posted?
A 8: All addendums will be posted on the City's website on the Procurement &
Contracting page under "Open Bids & Proposals".
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 2, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature:
Date:
2
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.
PA1h1 s
c 1pi SOQ #08-21
ON -CALL ARCHITECTURAL SERVICES
ADDENDUM NO. 2
i
FURN"P This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q1: Regarding Section 4. Reference Project, is the second set of bullets (beginning with
"Responsiveness and attentiveness to client needs") meant to be in support of the
reference project specifically, or can these topics address our firm's work/experience
more generally?
Al: It is meant to be specific to the chosen reference project.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 10, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum 2 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOQ
being deemed non -responsive.
F FALtit S
c yy��i SOQ #08-21
U N ON -CALL ARCHITECTURAL SERVICES
ADDENDUM NO. 3
oglThis Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: Are there minimum inclusivity thresholds to attain across the consultant team? If so, how
is this factored into the scoring?
A 1: No there are no inclusivity thresholds.
Q 2: If some, but not all, of the consultants on a team meet the criteria of a local business,
does that mean the team would only get partial points, or would they get the full 5 points?
A 2: As per the SOQ document on page 6-7 "Pursuant to Palm Springs Municipal Code
Section 7.09.030 Local Business Preference Program, the Local Preference in Services
does apply. In order for a local business to be eligible to claim the local preference, the
local business must request the consideration of the local preference program (see
Attachment A) in this section of the SOQ and provide a copy of its current business
license from a jurisdiction in the Coachella Valley showing the address of the business is
located in the Coachella Valley".
"Local business" means a vendor, contractor, or consultant who has a valid physical
business address located within the Coachella Valley, at least six months prior to bid or
proposal opening date, from which the vendor, contractor, or consultant operates or
performs business on a day-to-day basis, and holds a valid business license by a
jurisdiction located in the Coachella Valley. Post office boxes are not verifiable and shall
not be used for the purpose of establishing such physical address.
"Coachella Valley" means the area between the Salton Sea on the south, the San Jacinto
and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the
east and north. For the purposes of this definition, "Coachella Valley" includes the cities
of Beaumont and Banning and the unincorporated areas between Banning and the City
of Palm Springs.
Q 3: Will the questions from and answers to other teams' clarifications be shared with all
teams?
A 3: All questions received will be answered and published in addenda's and made
public to all interested vendors.
Q 4: Which Attachment(s) are required to be completed by Sub -Consultants, if any?
A 1: None of the attachments are required to be completed by the sub -consultants.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 16, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum 3 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOQ
being deemed non -responsive.
2
F PAL&I S,o
�z SOQ #08-21
ON -CALL ARCHITECTURAL SERVICES
ADDENDUM NO. 4
i
�1'�QRN�P This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: Who are the architecture firms that are on the City's current Architecture On -Call?
A 1: Interactive Design Corporation, James Cioffi Architect, M. Arthur Gensler &
Associates, Urrutia A/A & Associates (now Uruttia Marks Architects)
Q 2: Does the scope of work include attending any commission hearings outside of those
required for projects which we are contracted for?
A 2: The scope of work only includes meetings for which you are contracted to
complete.
Q 3: What is the general scale of projects? (Small = ADA improvements / Medium = Historic
Preservation or Space Planning / Large = Full Remodel or New Construction)
A 3: This scope of work will cover small, medium and large projects.
Q 4: Which department / Staff person will be the main point of contact for project
coordination?
A 4: The Engineering Division will be the main point of contact for this contract. Each
individual project will have a project manager from the Engineering Division
assigned. Projects will be distributed amongst the staff by the City Engineer or
his/her designee.
Q 5: Will the city assign their own `project manager' for each respective project?
A 5: The City Engineer or his/her designee, will assign a staff person as the City's
project manager for each task that will be assigned to on -call architects.
Q 6: Would our firm + team members be precluded from other/future opportunities?
A 6: If selected to be an on -call architecture firm for the City and subsequently the City
puts out a Request for Proposals on a separate project (usually high profile like a
new Main Library), your firm will still be allowed to submit proposals on the stand
alone project.
Q 7: If a consultant is non -local, but their executive architect (sub -consultant) is a Coachella
Valley -certified business, can you confirm that the full 5 points will be awarded? If not,
how will it be applied?
A 7: Per the language in the SOQ, five (5) points will be awarded to a consultant that
requests consideration of the local business preference and qualifies as a local
business. A consultant that does not meet the definition of "local business" in
the SOQ will not be awarded any points. For example, a consultant that does not
operate or perform business on a day to day basis within the Coachella Valley
would not be eligible for consideration of the local business preference, even if
they employ a sub -consultant that meets the definition of a local business.
Q 8: Can the 30-page 8.5x11 presentation be horizontally formatted for better full -screen
viewing, given that it is a digital submission?
A 8: Yes, your response file can be submitted in portrait or landscape orientation.
Q 9: Can more than one Reference Project be submitted if a team includes sub -consultants
with significant on -call municipal experience?
A 9: To compare proposals, the one reference project will be used for scoring.
However you can provide reference projects in other parts of the proposal to
demonstrate the abilities of your company and team.
Q 10: Does the submittal of Attachment "E" in the proposers' SOQs also include the entire
text of the Sample Professional Services Agreement for On -Call Services even if we
have either no requested modifications or requested modifications that we can either
describe on the Attachment "E" sheet (page 22 of the Request for SOQ) or just attach
the sheets of the Sample Agreement on which we may mark such requested
modifications?
A 10: Submit only the pages with your exceptions to the language and your
requested modifications in order to keep pages to a minimum. If you have no
requested changes or exceptions, then identify that in Attachment "E" of your
SOQ.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
X&" Wane
Procurement & Contracting Manager, Acting
DATE: March 18, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature:
2
Date:
Acknowledgment of Receipt of Addendum 4 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOO
being deemed non -responsive.
3
EXHIBIT "C"
CONSULTANT'S PROPOSAL
Rev. 5J1/20
55575 1816502900159 2
Statement of Qualifications SOQ#08-21
On -Call Architectural Services
City of Palm Springs aeSigns
�Q
WESTGROUP DESIGNS
N
03/24/2021 - 3 PM 41
table of
contents
i Cover Letter....................................................1
2Firm & Staff Qualifications .............................3
3Scope of Work..............................................19
4Reference Project..........................................22
5Local Business Preference Program.............28
6Forms & Acknowledgment of
Addenda No. 1, 2,3 & 4..............................N/A
SEPARATE
Cost Proposal...........................................COST FILE
our services
ARCHITECTURE
Facility Assessment and Analysis I Feasibility Analysis
Programming I Schematic Design I Design Development I
Construction Documents I Bidding Support and Evaluation
I Construction Administration ; LEED Administration I Post -
Occupancy Evaluation BIM
PLANNING
Comprehensive Land Use Planning' Academic and
Institutional Master Planning Corporate Campus Planning
Urban Design I Zoning and Regulatory Analysis Entitlement
Processing Facility Planning
Facility Standards Facility Assessment and Analysis Pre -
Lease Analysis and Test Fit Analysis Feasibility Analysis
Programming Schematic Design Design Development
Furniture Selection & Specification Art Selection
Construction Documents Bidding Support and Evaluation
Construction Administration LEED Administration Post -
Occupancy Evaluation BIM
BRANDING
Wayfinding & Signage I Environmental Graphics I Art
Selection 1, Enhancing your brand through Architectural &
Interior Design details.
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March 24, 2021
City of Palm Springs
Attention: Leigh Gileno,
Procurement & Contracting Manager, Acting
RE: SOQ#08-21 ON -CALL ARCHITECTURAL SERVICES
Dear Mr. Gileno and Members of the Selection Committee,
Cover Letter
Westgroup Designs (WD) is excited to present our response to your Request for Proposal and welcomes the
opportunity to continue our successful relationship with the City of Palm Springs. Our enclosed Statement
of Qualifications describes how our expertise, as well as depth and breadth of experience, exceeds your
qualifications, assists you with achieving your goals, and highlights the strengths that WD brings to you and
your projects.
Public and Institutional Experience and Expertise in Riverside County: For more than 26 years, we have
provided services to the County of Riverside. Our experience encompasses a vast number of projects ranging
from new ground -ups, multi -story buildings and large-scale master planning, to public safety building design
and rehabilitations, to refurbishment, space planning/tenant improvements and renovations, and ADA analysis
and Fire Life Safety upgrades.
Currently, we have a new building project under construction in the City of Palm Springs. Positioned on the
corner of E. Tahquitz Canyon Way and N. Sunrise Way, for our long-term client, Riverside University Health
Systems, this 35,000 square foot community care center sits on a 3.75-acre site, leased to the owner by
the Agua Caliente Indians. This facility will be the local clinic for many in the adjacent, dense residential
neighborhoods, in addition to providing health services for the City's indigent population. Slated for LEED
Certification, the site is framed with drought -tolerant landscape, incorporating clean air, electric vehicle
parking, extensive solar control systems and harvested daylight within interior areas.
Additional On -Call, Public and Institutional Experience and Expertise: Some of our most enduring public client
relationships include County of Riverside (26 years), the City of Downey (23 years) and the City of Irvine (18
years). We sincerely value our long-term on -call relationships with our City and County clients. WD is on the
roster with the County of San Bernardino, the City of Ontario, City of Long Beach, the City of Hermosa Beach,
the City of Irvine, the City of Santa Ana, Orange County Fire Authority, the City, County & Port of San Diego, and
many others. We continue to be a responsive and committed extension to their staff and will be as committed
partners to the City of Palm Springs.
Our Uniquely Qualified Team. Civic facilities comprise a large percentage of our firm's work, so all professional
staff in our 30-person office are experienced in, and actively work on, civic projects. Experience cannot be
underestimated in the ability to lead multiple, diverse civic projects. We firmly believe in continuity of the team
to ensure that we deliver on the original design intent. Our core management and design teams are staffed
by senior -level professionals (20-40 years of experience each) who will leverage lessons learned to foresee
challenges and guide projects toward successful outcomes. 77% of our staff are licensed in Architecture,
Interior Design and LEED.
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19520 Jamboree Road I Suite 100 1 Irvine, CA 92612 d
P 949.250.08801 F 949.250.0882 1 westgroupdesigns.com 1
For consistency, our Principals stay involved throughout the life of the project and remain responsive to your
needs. We focus on a holistic approach to sustainability for projects of every scope and scale, and design
solutions that deliver optimal financial, social and environmental returns for our clients. WD highly values our
client relationships, and we ensure that their vision drives every single thing that we do. More than 85% of
our work is from repeat clients, with a partnership lasting many years. We highly value our on -call relationship
with our clients; our services are used repeatedly, and often, for many years.
WD is laser -focused on delivering high quality projects, on time and within budget for you. Our goal is to
exceed your expectations each and every time, from responsiveness and high -quality documentation, to
meeting schedule and budget parameters. WD is dedicated to serving you on a foundation of honesty and
trust, united with you to achieve the best results for your project. Our investment in your projects goes beyond
the hours we spend on them and we make it our business to advise and guide you through every step of the
process.
Our solutions are never one -size -fits -all. While we share our knowledge and experience, our focus remains
on understanding your goals, your values and your needs to deliver the best design solution for you and your
stakeholders.
Acknowledgment of receipt of RFP addenda and confirmation of SOQ validity. WD acknowledges receipt of
Addendum #1, dated March 2, 2021, Addendum #2, dated March 10, 2021 and Addendum #3, dated March 16,
2021. WD agrees that the SOQ shall be valid for a period of 120 calendar days from March 24, 2021.
Our team stands ready to begin working on your projects immediately. We look forward to having the
opportunity to continue working with you and to further demonstrate our experience and collaborative culture.
Respectfully,
P riSi a Hassani, IA�ssoc.,IA, IIDA, CID, NCIDQ
CEO + anaging Pp
parisimah@westgroupdesigns.com
949.250.0880 ext. 112
I
Firm &Staff
Qualifications
Historic Courts of CA
Court House Renovation
Riverside, CA
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For 32 years, our success has been the
result of more than just the quality of
our work; it has been.the culmination
of attitude, approach and the way we
treat our clients. We are confident that
our history of planning, designing and
constructing public works projects gives
us the depth and breadth of experience
required to assist you in achieving your
project goals.
PUBLIC & INSTITUTIONAL EXPERIENCE & EXPERTISE
For more than 32 years, WD has served a spectrum
of public clients, including state agencies, county
agencies, and local municipalities. Our experience
encompasses more than 280 projects, ranging
from tenant improvements and renovations to new
buildings and large-scale master planning. Some of
our most enduring public clients include Long Beach
Unified School District (25 years), the City of Downey
(23 years), County of Riverside (26 years), and City of
Irvine (18 years).
280+
Public Works
Projects in
California
Valuable public spaces are at the heart of every
society's cultural identity. These spaces celebrate
history and art, provide resources for learning and
wellness, and embody good governance. We help our
public clients build healthy communities by designing
spaces that simultaneous conserve its history and
heritage while developing new expressions for current
times. Civic buildings involve a complex process of
resolving sometimes cohesive, sometimes disparate,
interests of agencies, politicians, constituents,
community organizations, and a host of other
concerned parties. Our clients return to Westgroup
time and again because of our experience working
with each of these interests and because we have
built strong relationships based on our reliability and
ability to deliver results.
Our QA program is led by our Director of Project
Delivery, Craig Whitridge, AIA, who brings 35+ years
of architectural production expertise on public
facilities. Craig assures that all documentation is
consistent and presented in a logical and clearly
understandable manner. He is supported by
experienced technical staff who lead production on
our civic projects.
32
Years serving
Public Works
Clients
CITY OF ONTARIO
• On -Call Architectural Design
Services
COUNTY OF SAN
BERNARDINO
• On -Call Architectural Design
Services
• Frank Bland Training Academy
COUNTY OF RIVERSIDE
PROJECTS
• On -Call Architectural & OSHPD
Design Services
• Mead Valley Library, Riverside,
CA
• Highgrove Library, Highgrove,
CA
• Transportation Land
Management Agency, Riverside
and Indio, CA
• County of Riverside Treasurer
& Tax Collector's Office —
Riverside, CA
• County of Riverside Civic
• Center Master Planning —
Riverside, CA
• Fire Marshal Offices — Indio,
CA
• Riverside County Regional
Medical Center Operation —
Murrieta, CA
• County Administration Annex
Building, Programming &
Design — Riverside, CA
• Human Resources, County
Administrative Center —
Riverside, CA
• County of Riverside
Administration Building,
Remodeling of Multiple Floors
— Riverside, CA
• Cois Byrd Detention Center
• Perris Fire Department Admin
Building
• Community Action Partnership
— New Office and Staff Area
(CAP)
• Sun City Library
• Nuview Library
• Robert Presley Detention
Center & Larry Smith
Correctional Facility (RPDC/
SCF)
• RIVCO Fleet Services
• Department of Public Social
Services (DPSS)
RUHS PROJECTS
• Women's Health Center / Entry
Renovation, Moreno Valley, CA
• Hospital Cafeteria Renovation
• Hospital Doctor's lounge
Renovation
• Hospital Medical Mall
Renovation
• Hospital OBGYN Renovation
• Palm Springs, CA - 35,000
sf New ground up building
Medical clinic, medical office,
lobby, lab and exam rooms
• Cactus Clinic Riverside, CA -
28,000 sf Complete interior
renovation, Medical clinic,
medical office, lobby, lab and
exam rooms
• New Medical Office Building -
Corona, CA. 45,600 sf. Interior
planning, FF&E, Graphics and
Art
• New Medical Office Building -
Jurupa, CA. 40,000 sf. Interior
planning, FF&E, Graphics and
Art
• Main Office Building (now
called MSC — Medical Surgical
List of Similar On -Call & Other Work
Center) Interior planning, FF&E,
Graphics and Art
• Emergency Operation Center
Remodel
• Arlington Recovery Community
(ARC)
• Restorative Transformation
Center (RTC — Conceptual
design)
RUHS - BEHAVIORAL HEALTH
• Riverside Mental Health, Space
Planning and FF/E, Hemet, CA
• Riverside Mental Health, Space
Planning and FF/E, Spruce
Street, CA
• Riverside Mental Health, Space
Planning, FF/E, Desert Hot
Springs, CA
• Riverside Mental Health, Space
Planning and FF/E, Temecula,
CA
• Riverside Mental Health,
Space Planning and FF/E, Lake
Elsinore, CA
• Riverside Mental Health, Space
Planning and FF/E, Temecula,
CA
• Riverside Mental Health, Space
Planning and FF/E, Blain
Street, CA
• Riverside Mental Health,
Western Adult Program, Space
Planning and FF/E, CA
• Riverside Mental Health, Space
Planning and FF/E, Myer Street,
CA
SUPERIOR COURTS/OTHER
COURTS
• Riverside County - Riverside
Historic Courthouse
Renovation
• Riverside Hall of Justice
Renovation
• Riverside Family Courthouse
Renovation, Riverside, CA
• Banning Justice Center
Renovation, Banning, CA
• Larson Justice Center Reno.,
Indio, CA
• Palm Springs Courthouse
Renovation, Palm Springs, CA
• Family Courthouse, Riverside,
CA
• Hemet Courthouse, Hemet, CA
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• Riverside Offices of District
Attorney — Riverside and Indio,
CA
• Riverside Offices of Public
Defenders — Riverside and
Indio, CA
• County Administration Center
& Law Library — Indio, CA
• South West Justice Center —
Murrieta, CA
• Department of Public Services
— Cathedral City, Murrieta and
Riverside,
RIVERSIDE COUNTY FIRE
DEPARTMENT
• Fire Station #3, Nuevo, CA
CITY OF LONG BEACH
• On -Call - Architectural & Space
Planning Services
• On -Call Urban Planning Design
Services
• Airport Administrative Offices
Renovation
• Looff Cupola Reuse Study
• Blue Car Reuse Study
• Rainbow Lagoon Visioning
5
• Belmont Pier Visioning Study
• Hangar remodel
CITY OF HERMOSA BEACH
• On -Call Architectural Services
CITY OF IRVINE
• On -Call Professional Consulting Services
• Hangar 244, Great Park
• Train Station Office Renovation
• Heritage Park Library Remodel, Irvine, CA
CITY OF CARSON
• Carson Transit Center
CITY OF COMMERCE
• Civic Center (Conceptual / Schematic
Design Services)
CITY OF COMPTON
• Compton Community Center
CITY OF CORONA
• Corona Health Center Office Building
CITY OF DOWNEY
• On -Call Professional Architectural
Services
• Downey Aviation Museum & Community
Center
• Downey Civic Center Modifications
• Downey Fire Station #1
• Downey Fire Station #2
• Downey Fire Station #3
• Downey Fire Station #4
CITY OF LYNWOOD
• Lynwood City Hall & Civic Center
• Lynwood Children's Center
• Lynwood Fire Station #1
• Lynwood Fire Station #2
CITY OF SANTA ANA
• On -Call Space Planning and
Architectural Services
• Wilshire HeadStart School
• Children's Center
CITY OF TUSTIN
• Urban Development Planning
COUNTY OF ORANGE
• On -Call Architectural Services
• Human Resources Office
Renovation,
Santa Ana, CA
• West Orange County Probation
Department Office Building
Renovation, Westminster, CA
• Orange County Assessor's
Office Renovation, Santa Ana,
CA
• Health Care Agency Office
Renovation, Santa Ana, CA
• Homeless Shelter Renovation,
Anaheim, CA
• Heritage Park Library Remodel,
Irvine, CA
LA COUNTY OF PUBLIC
WORKS
• Los Angeles County Sheriff's
Department Emergency Vehicle
Operations Center
ORANGE COUNTY FIRE
AUTHORITY
• On -Call Capital Improvement
and Construction Professional
Services and Construction
Professional Services
ORANGECOUNTY
TRANSPORTATION
AUTHORITY
• New Locker Room, Santa
Ana Bus Base Maintenance
Building, Santa Ana, CA
• Lower Roof Replacement,
Garden Grove, CA
• Santa Ana Bus Base Locker
Room Expansion
• Fullerton Park and Ride
Rehabilitation
SAN DIEGO COUNTY
REGIONAL AIRPORT
AUTHORITY
• Southwest Airlines/TSA
T1 E Baggage Screening
Replacement
• SDIA Authority/TSA
T2E Baggage Screening
Replacement
• SDIA Rental Car Center Car
Wash Blowers
• Ground Transportation
Equipment and Security
Upgrade
• Rental Car Center, Bus and Taxi
Offices and Break Room New
Building
• Terminal 1 Tenant
Improvements and Upgrades,
including:
• Common Use Passenger
Processing (CUPPS)
Equipment and Kiosk
• New Gate Podiums
• New Ticket Counters, and New
Flooring Materials
• Terminal 2 Tenant
Improvements and Upgrades,
including:
• CUPPS Equipment and
Upgrades
• New Gate Podiums
• New Ticket Counters
• New Lighting at Restrooms and
Ticket Areas
• Demolition of former airline
club
• New Restroom Facilities, and
Back of House Upgrades to
finishes
• Terminal T1 and T2 Electrical
Seating Upgrade
SUPERIOR COURT OF
CALIFORNIA, COUNTY OF
ORANGE
• On -Call Architect and
Engineering Services
Our expertise spans the spectrum of projects with
public clients, including County of Riverside, County
of San Bernardino, and various cities in Orange
County as well as building owners, developers,
and tenants. Our experience encompasses a vast
number of projects ranging from space planning/
tenant improvements and renovations, refurbishment,
public safety buildings design and rehabilitations to
ADA analysis and Fire Life Safety upgrades and new
ground -ups, multi -story buildings and large-scale
master planning.
PROCESSES, APPROVALS, AND PROCEDURES
FOR PUBLIC AGENCIES
WD has a thorough understanding of code
requirements & rapport with public agencies. We
have over 32 years of experience with ADA, Fire+Life
Safety, DSA, USDA, Health, Title 24 and other local
code requirements necessary to deliver projects
of all types and sizes. As a relationship -based
organization, our collaborative efforts with DSA,
State Fire Marshal, Health Department and other
public agencies are based on trust and respect, to
ensure timely submittal and approval processes for
your projects. The requirements necessary to deliver
projects smoothly are:
• Staff senior -level Project Architect well -versed
in code to lead code verification on projects and
mentor junior staff.
• Designate staff participate in seminars on
code requirement changes and maintain office
standards.
• Promote a culture of knowledge sharing so that
code updates and other lessons learned are
passed onto all staff and incorporated into all
future projects.
• Collaborate with sub -consultants with extensive
and current experience with Federal, California
and local code requirements.
CITY & COACHELLA VALLEY UNIQUE ISSUES
WD is familiar with the unique issues that come with
providing services in the City and Coachella Valley.
The City of Palm Springs Planning Services division's
responsibility is to provide efficient and effective
service to those they serve - citizens, property and
business owners, investors and visitors. This division
serves as the staff to the city's Architectural Advisory
Committee (AAC), Historic Site Preservation Board
(HSPB), and Planning Commission.
Zoning/Building
The City has developed land use zones throughout
the City to require proper use of the land and to
ensure a good neighbor approach in allowing for
the enhancement of the community. Further, it
encourages proper development and will allow for the
compatibility of uses and community needs. Some
areas affected by the Zoning Ordinance:
• Land use permits and designations i Setbacks
I Legal and illegal businesses I Parking
Development and Zoning Requirements
Land Development
Most of Palm Springs is built out, and new land
development generally consists of sensitive lands,
such as hillsides and open desert, or smaller in -
fill properties. As an older city, Palm Springs also
expects that a large inventory of existing buildings
is likely to be redeveloped in the coming years to
upgrade structural and mechanical systems as well
as reposition or replace buildings for new and future
uses. Land development is a complex process that
requires considerable expertise and a willingness to
honestly deal with neighbors and the City.
The six important aspects of land development are as
follows:
• Permitted Uses and Development Standards
Pre -Application Review Coachella Valley
Multiple Species Habitat Conservation Plan
Design Review) Subdivision and Maps I Planned
Development Districts, Vacant Land I Economic
Development.
Neighbors
The City of Palm Springs are committed to involving
all residents and citizens in the decisions that build
the community. The people of Palm Springs share
two key values: A love for this city as a special place
to live and work, and an enthusiasm for bringing
ideas and opinions "to the table".
The City provides a number of forums for community
dialogue and the information below addresses some
of the most common concerns people have about
their neighborhoods:
• Neighborhood Organizations and Associations
Project Status Information I Code Enforcement
Historic Preservation I Vacation Rentals and
Event Houses I Palms Springs General Plan [ Palm
Springs Zoning Code.
Historic Preservation
The City of Palm Springs values its past, which
includes important examples of architecture from the
last one hundred years. When a building is classified
for protection, any exterior change is reviewed by the
Historic Site Preservation Board (HSPB).
Palm Spring General Plan
The City maintains a long-term vision and a set of
goals and policies to help bring that future to reality
in the Palm Springs General Plan. Recently updated
in 2007, the plan provides a comprehensive and
coordinated path to their shared future by addressing
issues such as Land Use, Housing, Circulation,
Recreation, Open Space, Conservation, Safety, Air
Quality, Noise and Community Design.
Palm Springs Zoning Code
Much of the work of city planning occurs through
the Zoning Code. This collection of regulations sets
the rules for how properties in the City are used
and developed. Being a complex document, we will
contact the planners at City Hall for any questions or
concerns we might have regarding your property. The
Zoning Code has a useful 'search' tool for locating
rules relating to a particular concern.
CRITICAL ISSUES
Extensive On -Call Experience. Projects for on -call
clients have been a significant portion of our work
over the last 32 years. We are presently working
with 18 public clients as their on -call architects and
have been involved in the planning and design of
almost every type of project imaginable, ranging from
HVAC/ADA/Fire+Life Safety upgrades to ground -up,
multi -story buildings. We have a team of education
specialists, WD's proposed team organization brings
you the following benefits: Experience + Leadership
- Our core management and design teams are led by
senior -level professionals (20-40 years of experience
each) who are actively committed to every project
regardless of its size; Dedicated Quality Assurance
Staff — Our QA/QC program is led by our Director
of Production, who brings 35 years of architectural
production expertise; and Resources & Availability
— Educational facilities comprise 75% of our firm's
work, so all professional staff are trained and actively
work on education projects. Our "rapid -response"
experience profoundly influences how we partner
with all our clients: we listen carefully; we deploy our
resources with great agility, versatility, and timeliness,
anticipating unforeseen conditions; we are code
experts; our documentation prowess is honed by the
rigors of full DSA review requirements for much of
our work; we offer deep experience with a wide range
of technical consultants; and we consistently deliver
results that exceed expectations.
Incorporating Lessons Learned into Best Practices
We have over 32 years of experience providing on -call
services to public agencies. Importantly, we promote
an internal culture of collaboration, mentorship and
knowledge -sharing so lessons learned are passed
onto others and incorporated in to best practices and
future projects.
Single Point of Contact & Continuity of Project
Management
We dedicate a single Program Manager to serve as
the primary liaison to the City in addition to multiple
Project Managers who are committed to the life of
their projects from programming through design and
construction. We carefully select and assign team
members to each project, aligning client goals and
project needs with staff availability and expertise.
DELIVERING ON TIME & WITHIN BUDGET
Effective planning and milestone completion are
central skills of project management. Schedule
preparation is a core part of our Project Management
Plan preparation. Critical to this effort is the ability
to set realistic durations for activities. This is done
through consultation with our team members,
reference to past projects, and an understanding of
the project context and requirements resulting in
the creation of a Critical Path Schedule. Our Project
Managers prepare and maintain a detailed Critical
Path Schedule containing milestones, stakeholder
review periods, agency review periods and relevant
project activities. They also use critical path network
scheduling as a tool for coordinating with the CM or
Contractor for developing solutions to scheduling
problems, for tracking project development, and for
leading the design effort through complex activities.
0
In addition, we facilitate phase -by -phase kick-off
meetings with our entire design team, including
subconsultants, to organize and direct all efforts
for each upcoming phase. These meetings are an
important part of our schedule -building process: buy -
in is reached face-to-face with other team members,
underscoring the fact that success is a shared
endeavor. Lastly, our quality control process extends
into the construction phase with regular construction
observation to assess Contractor compliance with the
Construction Documents. This periodic review allows
us to evaluate and certify the Contractor's application
for payment on a percentage of completion basis as
well as in terms of specific completion of tasks or
categories of work.
Frank Bland Regional Training Center, San Bernardino
County. 7,000 sf of reno. and 3,500 sf expansion.
WD worked closely with the County and the Sheriff's
Department to honor a limited budget (for fees and
construction costs) when the priorities of the project
did not allow it both to be considered as a typical
capital improvement project. By limiting design,
design -building some aspects with county staff and
vendors, and using a selected General Contractor with
a not -to -exceed budget, the project was designed
and constructed on time and on budget to allow the
Sheriff's Training program to proceed seamlessly.
Newcomb Academy, Long Beach Unified School
District. 10.9-acre campus master plan and 140,000
sf new construction
WD was engaged to replace a previous consultant
team that, because of an inability to reconcile a
significant budget overage, had also jeopardized
the project's schedule to the point that the District
was in danger of losing funding. WD took over the
$50M schematic design set and provided a new
$46M design solution utilizing the original program
and scope while adding a 10,000 sf gym. Our design
of the new CHPS-verified, multi -building campus
subsequently gained stakeholder approval and we
compressed the schedule by 9 months to keep the
project on track with the original schedule.
Our Team has never missed a client
deadline in its 32-year history.
Assigned Staff
Our approach to staffing your projects is characterized by
the following five commitments:
PRINCIPAL POINT -OF -CONTACT
Principals play a key role in understanding your needs and
stay involved throughout the life of any project to assure
we're exceeding your expectations. We dedicate a principal
to each of our clients to serve as the primary liaison. To
address client satisfaction from day one, our Principal -in -
Charge, Sima Hassani, will have a key role in developing
an initial understanding of your expectations. She will
periodically meet with you to develop a "scorecard" of how
we are doing against your expectations and make whatever
changes are necessary to assure that we not only meet but
exceed your expectations.
SENIOR LEADERSHIP PARTICIPATION
Experience underwrites the ability to lead multiple, diverse
and complex projects under an on -call contract. Our core
management and design teams are led by senior -level
professionals (20-40 years of experience each) who
leverage lessons learned to foresee challenges and guide
projects toward successful outcomes. We are committed
to active leadership and participation of senior staff on all
of our projects regardless of size or scope.
CONTINUITY OF PROJECT MANAGEMENT
Leadership is essential to monitor and measure that
"actual" results are consistent with "planned" results.
We assign a Project Manager to each project who is
committed for the life of the project and will manage the
process from project kickoff through close-out.
SELECTION OF TEAM MEMBERS
We carefully select and assign team members to each
project, aligning client goals and project needs with staff
availability and expertise. With a staff of 30, Westgroup
Designs has accomplished architects, designers, planners
and consultants to dedicate to you. Our team is ready to
begin working on your projects immediately.
DEDICATED QUALITY MANAGEMENT TEAM
Our Quality Management program is led by our Director
of Project Delivery, Craig Whitridge, AIA, who brings more
than 35 years of architectural production expertise to every
project. Craig assures that all documentation is consistent
and presented in a logical and clearly understandable
manner.
J
CEO + MANAGING PRINCIPAL
PariSima Hassani,
ASSOC AIA, IIDA, CID, NCIDQ
PRINCIPALS
Shazad Ghanbari, Ph.D., Int'I AIA
David Smith, AIA, CSI I Chief of Operations
Robyn Taylor, IIDA, CID I Director of Interior Design
Ken Ong, AIA, LEED AP BD+C I Director of Architectural Design
Craig Whitridge, AIA, LEED AP BD+C I Director of Project Delivery
DIRECTORS
Paul Andersen, Ed.D. / School Facilities Solutions
Jon Freeberg, AIA, LEED AP BD+C / Director of Sustainability
PLANNING, PROGRAMMING,
DESIGN
Shazad Ghanbari, Ph.D., Int'I AIA
Josh Smith, AIA, LEED AP
Ken Ong, AIA, LEED AP BD+C
Robyn Taylor, IIDA, CID
Nancy Sprute, IIDA, LEED AP ID+C
PRODUCTION
PROJECT MANAGEMENT,
CONSTRUCTION ADMIN.
David Smith, AIA
Michael Cecconi, AIA, LEED AP
Ana Lilia Mendoza, LEED AP BD+C
Jon Freeberg, LEED AP BD+C
Naseem Abolfathi, AIA, LEED AP BD + C
BRANDING MARKETING IT ACCOUNTING ADMINISTRATION
Key Personnel Resumes
Sima Hassani, ASSOC. AIA, IIDA, CID
CEO + Managing Principal
Sima brings over 30 years of experience in the practice of
both public and private architecture and interior design. She
has taken the lead in various conferences regarding the use
of public -space, work -space, learning and healing -space.
She will be responsible for the development of the project
design in collaboration with you. Sima will ensure that all
necessary expertise is available to successfully complete
your project on time and within budget. She has received
significant professional recognition and awards for her work
and has been published in industry and design journals.
REGISTRATIONS
EDUCATION
& LICENSES
Certified Interior
Bachelor of Architecture,
Designer - CID #6818
Kansas State University
NCIDQ #012063
Bachelor of Art & Science,
University of Houston
Campus Design, Harvard
Graduate School of Design
RELEVANT PROJECTS
Orange County Public Works
• Bridges at Kraemar - Homeless Shelter - 24,000 sf
renovation to an existing structure, Anaheim, CA
• Orange County Healthcare Agency Wellness Clinic
• HR Office Renovation, Santa Ana, CA
• West OC Probation Office/Renovation, Westminster, CA
• Real Estate Offices, Media Room Renovation, Santa Ana,
CA
• West Orange County Probation Department Office Building
Renovation, Westminster, CA
• Orange County Assessor's Office Tenant Improvements,
Santa Ana, CA
• Heritage Park Library Remodel, Irvine, CA
Orange County Transportation Authority (OCTA)
• New Locker Room, Santa Ana Bus Base Maintenance
Building
Shazad Ghanbari, PH.D., AIA INT
Principal -in -Charge
Shazad plays an instrumental role in challenging the
performance potential of WD, focusing on the strategies
and policies that drive our success. Shazad ensures each
design study and solution maximizes the value of various
forms, systems and materials. His vast experience working
with both public and private clients allows him to exceed
performance expectations, all the while remaining sensitive
to context, culture, climate, budget and schedule.
.0el6t1.7A1101,61000oc 17Iq;m[CI
& LICENSES Ph.D. in Architecture,
ODPI PE 740 Polytechnic University of Milan
Campus Design, Harvard Graduate
School of Design
RELEVANT PROJECTS
Riverside University Health System Medical Office
Building
• Palm Springs, CA - 35,000 sf New ground up building
Medical clinic, medical office, lobby, lab and exam
rooms (REFERENCE PROJECT)
Orange County Public Works
• Homeless Shelter, Bridges at Kraemar Place,
Anaheim, CA
• Healthcare Agency Office Feasibility Study &
Improvements
• OC Assessor Dept. Office Improvements, Santa Ana,
CA
• Real Estate Offices, Media Room Renovation, Santa
Ana, CA
• HR Office Renovation, Santa Ana, CA
City of Downey
• Downey Aviation Museum; Community Center; Master
Planning & Design of New Downey Fire Stations #1-
#4; Downey Civic Center
City of Irvine
• Great Park, Hangar 244; Train Station Office Tenant
Improvements & ADA Upgrades
David J. Smith, AIA, NCARB, CSI
Principle / Senior Project Manager
David has over 35 years of experience with architectural design,
project management and construction administration. His
responsibility is to keep the team on schedule and coordinate
with the client's project manager as well as consulting
engineers. Dave has been creating and editing specifications
for his entire project management career. He is currently an OC
Specifications Institute Board member and is well acquainted
with all the current trends, products and CSI guidelines for
specifications. As lead specifier for this project, he will assure
that your standards and the current industry standards are
meshed into coherent specifications that are coordinated with
the Construction Documents to assure a quality project.
REGISTRATIONS & LICENSES EDUCATION
Licensed Architect - Bachelor of Architecture
CA# C20495 Auburn University
NCARB #43252 Building Sciences &
Certified Specification Writer Architectural Management,
Auburn University
RELEVANT PROJECTS
Riverside University Health System Medical Office Building
• Palm Springs, CA - 35,000 sf New ground up building
Medical clinic, medical office, lobby, lab and exam rooms
(REFERENCE PROJECT)
Orange County Transportation Authority
• New Locker Room, Santa Ana Bus Base Maintenance
Building
Orange County Public Works
Bridges at Kraemar - Homeless Shelter - 24,000 sf
renovation to an existing structure, Anaheim, CA; Orange
County Healthcare Agency Wellness Clinic; HR Office
Renovation, Santa Ana, CA; West OC Probation Office/
Renovation, Westminster, CA; Real Estate Offices, Media
Room Renovation, Santa Ana, CA
County of San Bernardino
• Frank Bland Regional Training Center, San Bernardino, CA
City of Downey
• Fire Stations #1, 2, 3 & 4; Downey Civic Center
Improvements, Downey, CA
AAk
Michael Cecconi AIA, LEED AP
Project Manager
Michael is responsible for technical project delivery, including
architectural oversight of documentation and construction
administration. With deep expertise in Civic, Education,
and Commercial market sectors, Michael's project focus
is on team leadership and coordination, including sub -
consultants, from code analysis and ADA compliance to
specifications and quality control. With more than 30 years
of experience in the field of architecture, he is also an expert
in DSA process and a mentor to our rising, young architects.
Michael treats each project with the focus on the client's
vision and expectations throughout the life of the project.
Michael holds a Bachelor of Architecture Degree from
Cal Poly Pomona and Master of Architecture Degree from
Syracuse University.
REGISTRATIONS & LICENSES
Licensed Architect - CA #C30141
EDUCATION
Master of Architecture Syracuse University
Bachelor of Architecture California State Polytechnic
University - Pomona
RELEVANT PROJECTS
County of Riverside
• Lake Skinner Regional Park, new 10,500 s.f.
Maintenance building, Winchester, CA*
County of San Bernardino
• Sheriff Training Academy, San Bernardino, CA
City of Temecula
• Temecula Library, Temecula, CA*
County of Orange
• Several projects at John Wayne Airport including the
renovation of Terminal B & C
City of Downey
• Fire Station #144 & Downey Civic Center Improvements
City of Lynwood
• Lynwood City Hall and Council Chambers, new 30,000
s.f. civic center expansion 13
Jon Freeberg, AIA, LEED AP BD + C
Project Architect
Jon is involved in every stage of the project process. He is
responsible for design development and documentation,
BIM model management, Sustainability coordination, and
ensures the delivery of design intent through construction
administration. Jon contributes heavily to initial design
concepts and development as well as implementation of the
design intent throughout the life of the project. Committed
to keeping sustainability goals in mind from day one, Jon
works collaboratively with consultants from all trades and
coordinates major projects. His commitment to modern,
sustainable practices and all aspects within the design
and construction process allows him to effectively manage
project disciplines and build productive relationships.
REGISTRATIONS EDUCATION
& LICENSES Bachelor of Architecture
Licensed Architect - California Polytechnic
CA#38190 State University, San Luis Obispo
RELEVANT PROJECTS
Riverside University Health System Medical Office Building
• Palm Springs, CA - 35,000 sf New ground up building
Medical clinic, medical office, lobby, lab and exam rooms
(REFERENCE PROJECT)
• Arlington Recovery Community (ARC)
• Restorative Transformation Center (RTC — Conceptual
design)
County of San Bernardino / San Bernardino Valley College
• Frank Bland Regional Training Center, San Bernardino, CA
City of Downey - Fire Station #1-4, Downey, CA
City of Long Beach
- Hangar Remodel, 55,000 sf reposition of existing hangar
Google OC Headquarters, Irvine, CA
• 140,000 sf new 4-story LEED Platinum office building
Coast Community College District
- Coastline Community College - Student Life Planning for
four campuses
Josh Smith, LEED AP BD +
Senior Project Manager
Josh brings 20 years of experience to the team, with eight
years of experience in Senior Housing and Healthcare, and
eleven years in commercial and residential buildings, before
joining Westgroup Designs. Joshua's focus over the last
eight years has been to make the frailest and elderly of our
society comfortable, safe, and enjoy their lives in a productive
and respectful way. He engages in continuing education
centered around geriatrics, disabilities, and effective design of
buildings for senior citizens. He prides himself in preparing a
set of documents that is constructible in the current building
industry.
REGISTRATIONS EDUCATION
& LICENSES Bachelor of Architecture,
Licensed Architect - Woodbury University
CA #C32284
RELEVANT PROJECTS
Riverside University Health System Medical Office
Building
• Palm Springs, CA - 35,000 sf New ground up
building Medical clinic, medical office, lobby, lab and
exam rooms (REFERENCE PROJECT)
• Doctor's Lounge (OSHPD Project)
Orange County Transportation Authority
• New Locker Room, Santa Ana Bus Base
Maintenance Building
• Lower Roof Replacement, Garden Grove, CA
Fillmore Unified School District
- CTE Facility demolition of two classroom buildings
and 22,000 sf of two new CTE classroom buildings
and central kitchen
Coast Community College District
• Coastline Community College - College Center
Building Replacement
Kenneth Ong, AIA, LEED AP BD + C
Director of Design - Architecture
As WD's Director of Design, Kenneth brings over
two decades of professional experience as well as
an impressive body of work, which includes civic,
international high-rise projects as well as mixed -use
retail, commercial office and academic buildings. In every
project, Kenneth strives to provide thoughtful and sound
design solutions that remain attentive and responsive
to the client, context and end -users. Kenneth's projects
have won numerous awards from the American Institute
of Architects, Urban Land Institute, PCBC Gold Nugget,
National Trust for Historic Preservation, Coalition for
Adequate School Housing and Savings by Design.
REGISTRATIONS & LICENSES
Licensed Architect - CA #C32255
EDUCATION
Bachelor of Architecture, Cornell University
RELEVANT PROJECTS
Riverside University Health System Medical Office Building
• Palm Springs, CA - 35,000 sf New ground up building
Medical clinic, medical office, lobby, lab and exam
rooms (REFERENCE PROJECT)
County of San Bernardino
• Frank Bland Regional Training Center
Orange County Public Works
• Heritage Park Library Remodel, Irvine, CA; Homeless
Shelter Renovation, Santa Ana, CA
City of Long Beach
• Looff Cupola Reuse Study; Blue Car Reuse Study;
Rainbow Lagoon Visioning; Belmont Pier Visioning
City of Tustin
• Urban Development Planning
City of Downey
• Fire Stations #144; Civic Center Improvements
Robyn Taylor, IIDA, CID
Director of Design - Interiors
A Certified Interior Designer with 30 years of experience in
the commercial design industry, Robyn is regarded as an
expert in the delivery of transformational experiences for
corporate environments, which promote high-performance,
clear branding, efficiency, optimal function and clear
communication. She incorporates solid design and
organizational strategy, guiding key decision makers toward
solutions for their most challenging business drivers, with a
focus on listening and understanding. This ensures that the
approach, direction and follow through are all in alignment.
Inventive and inspiring, Robyn explores all opportunities to
provide value, each project referencing the mutual vision
shared with her client and leveraging her experiences and
proven thought leadership.
REGISTRATIONS & LICENSES
Certified Interior Designer - CID #2832
EDUCATION
Bachelor of Fine Arts, Interior Architectural Design
California State University, Long Beach
RELEVANT PROJECTS
Riverside University Health System Medical Office Building
• Palm Springs, CA - 35,000 sf New ground up building Medical
clinic, medical office, lobby, lab and exam rooms (REFERENCE
PROJECT)
• Moreno Valley Women's Center Entry Renovation; Doctor's
lounge Renovation; Medical Mall Renovation; New Medical
Office Building -Corona, CA. 45,600 sf.; Interior planning, FF&E,
Graphics and Art; New Medical Office Building - Jurupa, CA.
40,000 sf.
Orange County Public Works
• HR Office Renovation, Santa Ana, CA
County of San Bernardino / San Bernardino Valley College
• Frank Bland Regional Training Center, San Bernardino, CA
City of Downey
• Fire Station #1-4, Downey, CA
• Civic Center Improvements
15
Carla Salama
Interior Designer / FF&E
Carla is responsible for providing strategic support
finish and furniture selection to the team. While
collaborating with the project designers, architects and
various consultants, Carla will lead the selection and
specification of furnishings and coordinate with vendors
and manufacturers for samples and specifications. Carla
has 5+ years of experience with interior design, strategic
furniture selection, and collaboratively working with our
clients to successfully translate their visions into reality.
She received her Bachelor of Science in Interior Design
from the Art Institute of California, Orange County.
EDUCATION
BS Interior Design,
The Art Institute of California, Orange County
la-A1111 1TLI`I I aITIMUR
Riverside University Health System Medical Office
Building
• Palm Springs, CA - 35,000 sf New ground up
building Medical clinic, medical office, lobby, lab
and exam rooms County of Riverside (REFERENCE
PROJECT)
• Cois Byrd Detention Center
• Behavioral Health Admin Building
• Perris Fire Department Admin Building
• Community Action Partnership — New Office and
Staff Area (CAP)
• Indio Office (DCSS)
• Sun City Library
• Nuview Library
• Robert Presley Detention Center & Larry Smith
Correctional Facility (RPDC/SCF)
• RIVCO Fleet Services
• Department of Public Social Services (DPSS)
• LOPD (Law Offices of Public Defender)
• Mental Health Hemet
Craig Whitridge, AIA, LEED AP
Director of Project Delivery
Craig has over 36 years of experience in the field of
architecture and has worked on various projects in both public
and private sectors. Craig pays close attention to the project's
progress in regard to time, cost and quality and ensures the
client's expectations are understood and implemented. Craig
knows that for long lasting integrity of a space, each and every
material and system must be properly selected and detailed.
His dedication to quality and attention to detail has earned
him praise from building owners and operators on many
projects. As Director of Project Delivery, Craig is responsible
for assuring the quality and consistency of architectural
documentation and implementing Quality Management
protocols at every phase.
REGISTRATIONS & LICENSES
Licensed Architect - CA #C23230
EDUCATION
Bachelor of Architecture, University of New Mexico
1411 VIE1 `s ' . �
Riverside University Health System Medical Office Building
• Palm Springs, CA - 35,000 sf New ground up building Medical
clinic, medical office, lobby, lab and exam rooms (REFERENCE
PROJECT)
• Moreno Valley Women's Center Entry Renovation; Doctor's
lounge Renovation; Medical Mall Renovation; New Medical
Office Building -Corona, CA. 45,600 sf.; Interior planning,
FF&E, Graphics and Art; New Medical Office Building - Jurupa,
CA. 40,000 sf.
County of San Bernardino
• Sheriff's Training Academy
Orange County Public Works
• Homeless Shelter, Bridges at Kraemar Place, Anaheim, CA;
Healthcare Agency Office Feasibility Study & Improvements;
OC Assessor Dept. Office Improvements, Santa Ana, CA; Real
Estate Offices, Media Room Renovation, Santa Ana, CA; HR
Office Renovation, Santa Ana, CA
City of Downey
• Fire Stations #1-4; Downey Civic Center Improvements
Sub -Consultant List
We carefully select and assign consultants to each project, aligning client goals and project needs with
availability and expertise. We have proposed sub -consultants based on successful past working relationships
and/or their specific experience on related projects.
1. Civil Engineer
FPL AND ASSOCIATES, INC.
Ron Canedy, LEED AP
REGISTRATIONS
P.E. Registration #C59351
Certified LEED Accredited
Professional
EDUCATION
Bachelor of Science,
Civil Engineering, CSU Fullerton
QUALIFICATIONS
FPL and Associates, Inc. provides
professional Civil and Traffic
Engineering services to federal,
state, municipal, and private
clients, including but not limited
to freeway and municipal traffic
engineering, roadway design, and
site development. Ron has been the
PM & engineering design supervisor
on many civic projects in his career.
Scope of work includes site grading,
storm drainage systems, hydraulics,
hydrology, master planning, access
compliance, site analysis, demolition,
parking lots, swimming pools,
track and fields, tennis courts,
gymnasiums, sanitary sewer, potable
water, fire protection, SWPPP, and
Std. Urban Storm Water Mitigation
Plans. His proactive approach,
responsiveness to client needs, and
talent to lead problem -solving staff
result in successful projects running
smoothly, staying on schedule, and
being delivered under budget.
YEARS OF EXPERIENCE
30+
FPL is a CUCP-certified Underutilized
DBE and SBE
2. Cost Management
O'CONNOR CONSTRUCTION
MANAGEMENT, INC.
John Mauk CCP, LCPE, LEED AP
REGISTRATIONS
CPC, LCPE, LEED
Accredited Professional
EDUCATION
B.S. Construction Management
Cal Poly, San Luis Obispo
QUALIFICATIONS
OCMI has provided consulting
services including cost
estimating, scheduling, and
project management on a variety
of community facilities. John
is Vice President of O'Connor
and has more than 30 years of
cost engineering experience.
His experience includes on -
site field supervision, contract
administration, change order
analysis, preparing budgets,
cost estimating, and claims
analysis and negotiation. With
regard to estimating, John has
provided estimates at all levels
of design, from conceptual
through construction documents.
John has experience in a wide
breadth of project types including
infrastructure, government and
municipal buildings, laboratories,
hospitals and other healthcare
projects as well as and K-12 and
higher education.
YEARS OF EXPERIENCE
30+
OCMI is a Disabled Veterans
Business Enterprise
3. Electrical Engineer/ LV /
Technology
AG DESIGNS
Adam Sloan, PE
REGISTRATIONS
Licensed Electrical Engineer -
CA#18589
EDUCATION
B. Bachelor of Science,
Electrical Engineering Power and
Digital Systems Design, Southern
Illinois University at Edwardsville
QUALIFICATIONS
AG Design Inc, is a progressive
electrical engineering consulting
firm providing leading edge
sustainable personalized services
on civic projects. Adam has over
17 years of project engineering
experience and is responsible
for conceptual design, project
management, new business
development, and assisting in
directing the daily operations
of the firm. He is in charge of
the planning and selection of
electrical systems, including
life cycle cost analysis and cost
estimating. He utilizes AutoCAD,
SKM PowerTools, Energy Pro,
and visual software, and host
of other tools and resources to
perform these duties effectively
and efficiently. He also ensures
proactive coordination of multiple
disciplines within the design team
and provides quality control for
all outgoing documents and has a
broad project experience.
YEARS OF EXPERIENCE
17+ 17
4. Landscape Architect 5. Mechanical/Plumbing 6. Structural Engineer
RIDGE LANDSCAPE
ARCHITECTS
Jim Ridge
REGISTRATIONS
Landscape Architect -
CLA #2809
EDUCATION
Landscape Architecture California
Polytechnic University, Pomona
QUALIFICATIONS
Jim has over 37+ years of experience
in landscape architecture and
planning on a wide variety of project
types and has been principal and
president of RLA since 1994. He
has served as an instructor in the
landscape architecture program at
the UCI, Irvine and as a guest lecturer
at Saddleback Community College.
Jim's duties include quality control
of landscape architectural drawings,
budgets and field observation of
numerous projects prepared by RLA
staff. Jim brings a practical, focused
approach to landscape architectural
services, as well as knowledge of
current industry practices. RLA is a
professional landscape architectural
firm that offers over 30 years of
experience in shaping the outdoor
spaces of SoCal. Their combination
of technical skill, knowledge and
intuitive design sense provides
clients with a professionally
crafted and high quality product.
RLA maintain their technical
capabilities at a 'state of the art'
level to efficiently and seamlessly
communicate design ideas with
clients and other design disciplines.
YEARS OF EXPERIENCE
37+
PEZESHKI ENGINEERING
Matthew Pezeshki, P.E., LEED AP,
CEM
REGISTRATIONS
State of California — Mechanical
Engineer No. M29925 (Registered
in Multiple States — Listing
Upon Request); Certified Energy
Manager (CEM); Leadership in
Energy and Environmental Design
(LEED@) Accredited Professional
— LEED@ AP
EDUCATION
California State University - Los
Angeles, Bachelor of Science in
Mechanical Engineering
QUALIFICATIONS
Matthew has been a professional
engineering consultant for over 20
years. His project portfolio covers
a wide market with prestigious
institutions within the educational
sectors. As a Certified Energy
Manager (CEM) with well over 200
projects completed to date and a
LEED@ Accredited Professional,
his expertise is much sought
after today by state and local
government agencies wishing
to develop cost effective and
energy conscious projects. PEI is
a full -service, multi -disciplined,
consulting engineering and design
firm providing a diverse range of
engineering services nationwide.
Our culture and success have
been client driven and focused
on creating long-term, mutually
rewarding relationships founded
on uncompromised service,
superior performance and
dependability.
YEARS OF EXPERIENCE
KNA
Josh Randall, PE., S.E.
REGISTRATIONS
Structural Engineer -
CA# 4506 &
Civil Engineer -
CA# 56865
EDUCATION
B.S. Architectural Engineering,
California Polytechnic State
University, San Luis Obispo;
Masters of Science in Engineering
CAL State, Long Beach
QUALIFICATIONS
Josh has 26+ years of experience in
the structural design of buildings.
His expertise includes the design
and construction administration for
buildings of all types with a special
emphasis on public facilities.
KNA undertakes plan checks for the
DSA. KNA Consulting Engineers is
a full service structural engineering
firm providing quality design and
related services for buildings of all
types including federal government
facilities, educational facilities (public
and private schools, colleges and
universities), hospital / healthcare
facilities, medical office buildings,
commercial centers, and industrial
parks. KNA believes in collaborating
with their clients and Design Team
members early and often. In their
experience, this is the best way to
achieve a client's vision, ensure
fiscal responsibility and complete the
project on time.
YEARS OF EXPERIENCE
26+
20+
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City of Downey, Master Planning, Modernizations and
Renovations to Fire Stations #1-4 and Civic Center
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On -Call Approach & Methodology
PHILOSOPHY - LISTENING WITH A LASER FOCUS TO
UNDERSTAND YOUR NEEDS While we share our knowledge
and experience, first, we listen to understand your needs and
sharpen our attention to focus in on your goals. What we learn
from you sparks our creative problem solving. We have a 110%
commitment to delivering design solutions that are the best for
YOU, no matter what it takes to get there.
CLIENT SERVICE Principals play a key role in understanding
your needs and stay involved throughout the life of your
projects. To address client satisfaction from day one, our
Principal -in -Charge, Sima Hassani, will have a key role in
developing an initial understanding of your expectations. She
will periodically meet with you to develop a "scorecard" of how
we are doing against your expectations and make whatever
changes are necessary to assure that we not only meet but
exceed your expectations.
EXPERIENCE - INCORPORATING LESSONS LEARNED INTO
BEST PRACTICES We have over 32 years of experience
providing on -call services to public agencies. Importantly, we
promote an internal culture of collaboration, mentorship and
knowledge -sharing so lessons learned are passed onto others
and incorporated in to best practices and future projects.
THOROUGH UNDERSTANDING OF CODE REQUIREMENTS We
have over 25 years of experience with ADA, Fire+Life Safety,
DSA, USDA, Health, Title 24 and other local code requirements
necessary to deliver projects of all types and sizes. As a
relationship -based organization, our collaborative efforts with
DSA, State Fire Marshal, Health Department and other public
agencies are based on trust and respect, to ensure timely
submittal and approval processes for your projects.
RESOURCES - AGILE AND VERSATILE RESOURCES Our
"rapid -response" experience profoundly influences how we
partner with all our clients and our ability to provide the City
of Palm Springs with service on short notice. Having worked
in many 24/7 airport environments and other civic on -calls,
WD completely understands and will deploy our resources
with great agility, versatility and timeliness, while consistently
delivering results that exceed expectations. SINGLE POINT
OF CONTACT AND CONTINUITY OF PROJECT MANAGEMENT
We dedicate a single PM to serve as the primary liaison to the
City in addition to multiple PM's who are committed to the
life of their projects from programming through design and
construction. We carefully select and assign team members to
each project, aligning client goals and project needs with staff
availability and expertise.
SCOPE OF WORK
We understand that the responsibilities may include:
Leading a team to prepare architectural, structural,
mechanical, electrical, plumbing, safety systems, landscaping
Scoof Work
and other drawings as nkpe d for new infrastructure,
upgrades or improvements for City buildings and structures.
Preparing conceptual drawings, plans and renderings as
may be requested by the City for projects being contemplated
or visioning sessions with the community.
3. Moving assigned projects through all City entitlement
processes, including but not limited to, architectural review,
planning approval, building & safety, engineering and
construction, including City Council approval if applicable.
Providing architectural services for designated historical
buildings, as well as new construction, alteration and
renovation projects on historic sites. This includes project
design, research, evaluation, planning, handicapped
accessibility, and engineering services (civil, structural, MEP,
land surveying, etc.) incidental to the project.
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.
Preparing feasibility studies for new, renovation, and
alteration projects.
Preparing facility assessment, studies and/or audits to
determine compliance with various federal, state, and local
regulations (ADA, Building Code, Fire Code, energy efficiency,
etc.)
Preparing reports for preliminary documents, working
drawings, permitting, construction drawings, specifications,
bid documents, and construction cost estimates.
Coordinating with a sub -consultant to provide plans and
construction drawings for the installation of fire sprinklers
and fire alarm systems in new or existing buildings. This may
be part of a larger project or a standalone project to install fire
sprinklers and fire alarm systems in an existing building.
Providing construction advisement and/or construction
management services, value engineering and advice on
projects constructed in phases.
Providing documentation, assist in warranty review,
participate in project close-out, and provide as -built record
drawings as -needed.
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.
WD has vast experience in all of the above 19
tasks.
DESIGN PROCESS
Westgroup operates within a project
management led environment with
an open, responsive and collaborative
single point of contact.
if
PRE -DESIGN
VISIONING, PLANNING, & PROGRAMMING
Our design approach begins with involving all
stakeholders and building consensus.
We collaborate
with you every step of the way to monitor our design's
performance against the vision
and goals of your project.
Inclusive - Involving all parties to
Interactive - Collaboration based
the project and creating common
on mutual respect and commitment
understanding as basis for
to overarching project goals.
consensus.
Project &Site Specific -Expressing
Explicit - Early definition of goals
the unique character and culture
fundamental to the project.
of your campus; exploring early
Incremental -Conceptual and
the influences of place and site on
Program development.
design decisions build logically
upon each other, subordinated to
Balanced - Early cost modeling to
the project goals.
support an on -going equilibrium
Efficient Major conceptual
between vision, program and
budget.
decisions facilitated by senior
design professionals on -site in real
time.
Client Review.... �............. .
Budget Check ........................
Deliverables
DESIGN PACKAGE
SCHEMATIC DESIGN
We translate your
program into a final
design that works
functionally and aligns
with your budget
expectations.
This includes refinement of
early design decisions and
a thorough understanding
of important issues while
never losing sight of the
early concept ideas and
guiding principles. We
will coordinate all design
disciplines through an
integrated BIM model
for early identification of
class detection and critical
clearances.
DESIGN
DEVELOPMENT
Project details will
come into focus during
this phase.
This is where the exact
construction and
performance requirements of
the project go through final
selection and coordination
and are detailed.
FINAL DESIGN & BIDDING
CONSTRUCTION
DOCUMENTS
The process of producing the
final construction documents
requires comprehensiveness,
efficiency and quality.
The most critical item is quality of
documentation and this is achieved
through integrated documents using
BIM, verification of requirements, and
submittal of complete documents for
review.
l
BIDDING
To secure a competent
contractor through competitive
bidding is an essential part
of the process in achieving
the owner's desired delivery
method.
Complete documents in bid packages
combined with pre -bid conferences
and job -walks, preparation of addenda,
evaluation of contractor's proposed
substitutions of systems and a
responsive RFI process during bidding.
lit CONSTRUCTION
CONSTRUCTION
ADMINISTRATION
& OCCUPANCY
This is where we make sure your
project is built as you have
specified.
It is crucial to have experienced project
leaders continue to lead the project team
in this phase, which provides consistency
and continuity. They administer the flow of
all communications to ensure that the A/E
team's full project knowledge is applied to, and
enhances, the success of the project. The A/E
team's response will be more coordinated, more
informed, and more responsive.
.......
,.,...... ,........*
18.1. -
•..........
...........
............
....... I.........
21
Reference
Project
Palm Springs Medical Office Building, a new
35,000 sf comprehensive public medical facility
for Riverside University Health System, CA
i�-
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Reference Project
Our example is a project from one of our most endearing clients, County of Riverside.
WD has served the County for 26 years as one of their on -call Architects. Our 32-
year history of planning, designing and constructing public works projects gives
us the depth and breadth of experience required to assist you in achieving your
project goals. Civic on -call facility projects comprise 85% of our firm's work, so all
professional staff in our office are experienced in and actively work on civic projects.
MedicalPalm Springs . .-
Minutes away from the Taquitz Canyon, facing the grand San Jacinto mountain range
in the heart of Palm Springs, a new, 35,000 square foot regional community care center
for Riverside University Health Systems, will stand as the predominant, public, compre-
Description & Location hensive outpatient medical facility, elevating the delivery of services to the city's most
(see project sheet vulnerable residents, while fostering inclusivity in a diverse demographic. Our services
overleaf) included: Shell Building Design and Site Layout I Schematic Design i Design
Development I Construction Documents I Approvals (permitting from Authorizes
having Jurisdiction including but not limited to City and Fire) and Construction Admin-
istration. Location: This project is located in the heart of Palm Springs, CA
Cost & Date Range
$16M 12019 - 2021
Contact Info
County of Riverside, Steven Gilbert Principal Real Estate Property,
1951.544.9621 i E. sdgilbert@rivcoeda.org
The new healthcare facility will provide services for the city's indigent population in
addition to being the local clinic for many in the adjacent, dense residential neighbor-
hoods. Suited to compete with private health facilities, the innovative program includes
an enhanced, transparent, "one -stop -shop" accessible approach to healthcare service
Responsiveness and
delivery, prioritizing patient care.
attentiveness to client
needs
The employee retreat, in the northeast corner, of the building, with adjacent wrap
around patio, is washed with natural light and solar control. It provides extensive views
of the surrounding community and an opportunity to enjoy the fresh air, effectively
doubling the seating space of the break room. Views of the community and natural
landscape enhance the experience for staff and their guests. The Center will also feature a
large event space for planned community events.
Architectural &
With intuitive wayfinding, graphics and feature branding, as well as automatic entry
touch the
Construction trends
systems and many -less access points, easily navigated public spaces en-
hance the safe, secure and efficient patient experience.
22
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We Design.
We Deliver.
We Drive Change.
Westgroup Designs continues
partnership with RUHS in
developing a new 35,000 square
foot Health Center in the heart
of Palm Springs; the center of a
busy city that provides for a large
multi -generational community.
-
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We focus on a holistic approach to sustainability for projects of every scope
and scale, and design solutions that deliver optimal financial, social and envi-
ronmental returns for our clients. Highlights for tis project include:
Resilient design, slated for LEED certification
Clean air/electric vehicle / long term bicycle parking
Drought tolerant landscape
• Captured daylight with solar control 2 Story high glass lobby / Windows with verti-
cal sun shades / Window wall with wood -look metal louvers / Solatube illumination
from roof to interior spaces / 180 degree sweeping views, washing the public areas
Creative design / Green
with daylight, extensive solar control systems and harvested daylight within interi-
building design - LEED
or areas.
Certified, solar panels,
. The architecture features undulating planes of stone and glass, fitted with sun -
water conservation,
shades, solar louvers and motorized shade control systems, maximizing the value
drought tolerant
of natural light while minimizing heat gain and glare. Views of the desert landscape
planting, smart tech.
are visible from every elevation, connecting the facility to the community beyond.
Focusing on safety and security both on site and within the building, the clean
lines, and transparent public entries, enhance visibility and access, while the neu-
tral material and color palette, evokes the warmth and serenity of the natural des-
ert landscape.
• A coordinated wayfinding system, as well as automatic control systems and touch -
less access points, integrating both controlled and intuitive programs, are designed
for easy navigation of public spaces to enhance the safe, secure and efficient pa-
tient experience. From signage to graphics, bold branding visually welcomes the
diverse and inclusive clientele of the community.
The strategically -planned public space circulation, grounded by a centrally -located
registration desk, promote clear communication, flexibility and access to various
departments and services, while maintaining required patient privacy. Beyond the
public spaces, efficient Medical Assistant Station "Pods" control patient and work
flow, as service hubs to all departments.
The unique character of this building is expressly created to match its function and
reflect the integrity and character of the population it serves, while its design resil-
ience reflects the city's support of environmental stewardship.
• Through the design, we were compelled to honor and welcome a diverse public,
integral to the Palm Springs regional landscape, with critical services.
WD collaborated with both our hospital client and the project developer by creating a
Sensitivity to funding program which addressed and managed current needs, without exceeding them. Our
team also worked with the developer by value engineering materials and structure
constraints to keep within the RUHS/County of Riverside budget. The project was successfully
produced within both entities' constraints and budgets.
/ Public Private The three parties are as follows: The Boureston Companies, Westgroup Designs, Inc.,
V Partnerships (P3) and PCG.
Palm Springs^
• Office Building for RUHS / Countyof Riverside
This project is being built on a 3.75 acre site, on land leased by the Agua Caliente
Tribe. Agua Caliente tribal members maintain a rich heritage and assert a
progressive role in contemporary Palm Springs. The tribe's culture permeates
almost every aspect of life in Palm Springs, and its leaders and members are equally
important to the community.
Working with a Tribe or
the indigenous
"We are just like everyone else," says Millie Browne, chairwoman of the board of
peoples
directors for the Agua Caliente Cultural Museum and member of the tribe's Cultural
of the United States
Committee. "We live in the community. We go shopping, we eat out, we go to the
movies, go to the salon, coffee shops. Our kids go to public or private schools. We
don't have special schools. We are not isolated. Our reservation is intertwined with
the community. Agua Caliente Cultural Museum hosts programs, special events, and
the Native American Film Festival. "These are platforms we can use to tell our own
story, to tell what happened," Browne says.
We were presented with a challenge of street alignment and entitlement for a
SCE power line that was proposed to be underground. This required collective
coordination with the City, SCE and the Agua Caliente Indians Ownership, to create
Complex situation, or
a site that would accommodate the 35,000 SF building and a future pad for further
✓
a challenging problem
development. Street alignment also needed to accommodate a bus stop, site entries
encountered and how
and continuing alignment with future off -site projects to the west. Also, within the
you solved it
building itself, the project team worked collaboratively on the complex layout and
location for multiple internal clinics to ensure ease of circulation and access for the
public. These issues were resolved completely to accommodate both the public and
the staff.
Westgroup Designs is familiar with the City of Palm Springs procedures and
Oral and written
communication protocol having worked with Planning and Zoning, the Architectural
communication skills,
Advisory Committee and the City Council to keep them informed and answer any
Westgroup
including staff or
concerns with our project. produced all reports and presentations
council reports
required to allow the project to continue and be approved. During the review, and in
the interim, we became more familiar with City Standards and procedures. This was
accomplished by meeting notes, action items and concise response to all comments.
26
ILPalm
Springs
Medical Office Building for RUHS / County of Riverside
Westgroup Designs created and led the project, including presentations, through
the planning and zoning process, the specific zoning plan for this particular
Preparation of
area, the Architectural Advisory Committee and the City Council. While there was
presentations
some discussion, the Planning department elected to waive formal neighborhood
to meetings,
meetings for this particular site. Westgroup Designs has led many projects through
neighborhoods,
neighborhood and stakeholder process to reach consensus and we have established
stakeholders
procedures including electronic survey to reach consensus. For this project we
were available in person with presentations and answered all questions, gaining
neighborhood and stakeholder approval though the City meeting process.
Westgroup worked closely with RUHS to program and create this project, and as
RUHS is a Riverside County Hospital, we also worked for and through the County of
Riverside, and their Boards and Commissions. We also worked closely with the Agua
Interaction with the
Caliente Tribe landowner and the developer, as multiple clients.
client's organization,
V
(i.e. other divisions
Westgroup Designs has worked for public entities
or departments,
continuously for more than 30 years; 26 of those with the
Boards, Commissions,
Councils)
County of Riverside, and we understand the procedures and
the structures of on -call public work needed to be navigated
to create a quality project.
kill
Indio Law Building, 90,400 sf new construction
for County of Riverside, CA
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Local Business Preference Program
We help our public clients build healthy communities by designing
32 spaces that simultaneously conserve the history and heritage while
Years serving developing new expressions for current times.
civic clients WD will obtain a business license in
2021
accordance with the City of Palm Springs Palm Springs Medical
Business License Ordinance, Municipal Code Office Building
Chapter 3.40 through 3.96, entitled "Business Palm Springs, CA
Tax"
1 2014
Historic Courts of
California
Riverside, CA
2012
Indio Law
Building
Riverside, CA
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City of Commerce
Conceptual Design
of a New
Civic Center
Riverwalk Phase V Office Buildings*
Riverside, CA
SUPERIOR COURT
OF CALIFORM A
COUNTY OF RIVERSIDE
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Frank Bland Sheriff
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Public Outreach Services
Enriching the community is part of what
we focus on each day with our staff,
clients and industry partners.
Working with many Cities and Districts across
Southern California, we have a strategic and
measured approach to building a local sub -
consultant team based within the project
district, and upon both existing relationships and
coordinated community -based efforts. These
efforts maintain local business participation and
investment of dollars back into the community as
well as Public Outreach Services. Below are three
different examples from local projects:
EXAMPLE 1:
CITY OF LONG BEACH
PLANNING / RE -USE STUDIES PUBLIC
OUTREACH
WD conducted a Community Outreach Meeting
for the Visioning of Belmont Pier alongside a local
Council Member. The team presented the guiding
principles for the project, history of the pier,
comparable examples, and imagery that represented
design elements. The community members were
encouraged to sign -in, write on comment cards,
and provided a short Q&A. Once the presentation
was completed WD conducted an "Imagery Board
Study" through 6 boards with 9 images each
showing various design elements, and community
members were given stickers to place on the images
representing positive and negative reactions.
During this time the community was invited to ask
questions about the boards with the team members,
and were encouraged to have any additional notes
written on the comment cards to be formally
reviewed. After the conclusion of the meeting, all
information obtained was documented, analyzed,
and summarized. The comment cards were
evaluated for common topics and those topics were
ranked by frequency of mentions. The image board
survey results were used to calculate which themes
achieved positive or negative reactions. All the
information gathered was used to inform preliminary
concept alternatives that align with the inspirations
positively received by the community.
EXAMPLE: 2.
SANTA ANA UNIFIED SCHOOL DISTRICT,
INDA (IRVINE NEWPORT DEVELOPMENT
AREA) K-6 ACADEMY MERIT AWARD
RECIPIENT FOR 2020 AIA DESIGN AWARDS
The Santa Ana USD, which encompasses portions
of Santa Ana and Irvine, after 2019 Bond passing,
and as a result of blossoming development in the
area, engaged WD as architect, requesting us to
retain sub -consultants within the Boundary of the
District for this project to support local business.
Based in Orange County for 31 years, WD has
developed significant relationships with a multitude
of consultants from every discipline. As such, we
employed Mechanical, Plumbing Engineer (PEI),
Landscape Architect (Ridge LA) and Structural
Engineer (KNA) who all reside within the District.
EXAMPLE 3:
LONG BEACH UNIFIED SCHOOL DISTRICT
ON -CALL - LOCAL OUTREACH
For the Long Beach USD On -Call project our team
consisted of P2S, our M/E/P consultant and MHP our
Structural Engineering consultant both based in Long
Beach both within the Districts boundary. Several of
our staff members have obtained their professional
qualifications from CSU, Long Beach. Approximately
50% of our contract will be spent locally. Long Beach
USD also had a requirement of local source hiring
and local business participation. The aim of this
was to reinvest Measure K & E dollars back into the
community.
WD committed to assisting the District by:
• Placing a valid job order for existing and projected
position vacancies with the local office of the
State Employment Development Department.
• Purchasing at least one display ad in a designated
local publication of general circulation within
the LBUSD announcing job opportunities and
encouraging local residents to apply.
• Advertise existing and projected position
vacancies, job informational meetings, job
application workshops, and job interviews
• Conduct a job informational meeting to inform the
community of employment opportunities with the
company (combined with other companies).
• Provide ongoing assistance to residents
located within the areas served by the LBUSD in
completing job application forms.
• Conduct a job application workshop to assist the
community in applying and interviewing for jobs in
the industry
• Conduct job interviews within the areas served by
the LBUSD.
• Teaming up with Long Beach CaLL (Career -Linked
Learning) to offer our guidance with apprenticeships,
internships, career fairs, job shadows, mock interviews,
on-the-job training, resume development, industry
events, informational interviews and workplace tours
ensuring that all Long Beach students have access to
inspiring work -based learning opportunities.
• Participate in Outreach to qualified job seekers who
live in the cities of Long Beach, Signal Hill, Lakewood
and Avalon regarding work opportunities to locate and
employ qualified Local Residents.
• Providing the District with written notification of
employment opportunities for Local Residents;
• Working closely and cooperatively with the District to
locate and employ Local Residents;
• Maintaining a file of the names and addresses of each
Local Resident that has applied for a job and if such
Local Resident was actually hired;
• Advertising employment opportunities in a Designated
Local Publication before such positions are filled; and
• Contacting the local Chambers of Commerce to
inform them of all employment opportunities that are
available.
Sheriff's Training Academy, 3.5 acre campus
master plan update, 10,500 sf renovation &
expansion for San Bernardino County
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Forms & Addenda Acknowledgment
ATTACHMENT "A"
SIGNATURE AND ADDENDA ACKNOWLEDGEMENT FORM
1. Name of Company: WESTGROUP DESIGNS, INC.
Address: 19520 JAMBOREE ROAD, SUITE 100
IRVINE, CA 92612
Telephone Number: ( 949) 250.0880
Contact Person: PARISIMA HASSANI, CEO + MANAGING PRINCIPAL
E-Mail: parisimah@westgroupdesigns.com
Tax Identification Number:
2. Type of Firm:
❑ Individual ❑ Partnership ❑ Limited Liability Company
Corporation (State CA ) ❑ Other (specify)
3. Addenda Acknowledgement:
Acknowledgment of receipt of any addenda issued by the City for this Request for SOQ is
required to be submitted with your SOQ. Failure to acknowledge issued addenda may
result in your SOQ being deemed non -responsive. (If no addenda were issued, leave blank.)
I hereby acknowledge receipt of Addendum(s) Numbers 1, 2, 3 AND 4
4. Please check below if you are requesting consideration of the Local Business Preference
Program according to the Palm Springs Municipal Code Section 7.09.030. (Check all that
apply)
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.
PARISIMA HASSANI, CEO + MANAGING PRINCIPAL
PRINTED NAME AND TITLE
03/24/2021
SIGNATUR AND DATE
14
xxxiv
ATTACHMENT "B"
NON -COLLUSION DECLARATION FORM
The undersigned, deposes and says that he, she or they is/are an authorized representative of
WESTGROUP DESIGNS, INC. , the party making the foregoing SOQ.
(name of company)
• That the SOQ is not made in the interests of, or on the behalf of, any undisclosed person,
partnership, company, association, organization, or corporation
• That the SOQ is genuine and not collusive or sham
• That the proposer has not directly or indirectly induced or solicited any other proposer to put
in a false or sham SOQ, and has not directly or indirectly colluded, conspired, connived, or
agreed with any proposer or anyone else to put in a sham SOQ, or that anyone shall refrain
from proposing
• That the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the SOQ price of the proposer or any other
proposer, or to fix any overhead, profit, or cost element of the SOQ price, or of that of any
other proposer, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract
• That all statements contained in the SOQ are true
• That the proposer has not, directly or indirectly, submitted his or her SOQ price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereof,
or paid, and will not pay, any fee to any corporation, partnership, company, association,
organization, proposal depository, or any other member or agent thereof to effectuate a
collusive or sham SOQ.
• Any person executing this declaration on behalf of a bidder that is a corporation, partnership,
joint venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute, this declaration on
behalf of the bidder.
NAME and TITLE of Authorized Representative:
(Print) PARISIMA HASSANI, CEO + MANAGING PRINCIPAL
Signature and Date of Authorized Representative:
Q
(Sign) (Date) 03/24/2021
W
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: WESTGROUP DESIGNS, INC.
NAME and TITLE of Authorized Representative:
(Print) PARISIMA HASSANI, CEO + MANAGING PRINCIPAL
Signature and Date of Authorized Representative:
(Sign) (Date) 03/24/2021
16
xxxvi
ATTACHMENT "D"
F pp�M sA
PUBLIC INTEGRITY DISCLOSURE
c+
APPLICANT DISCLOSURE FORM
CQA IFORNP
1. Name of Entity
WESTGROUP DESIGNS, INC.
2. Address of Entity (Principle Place of Business)
19520 JAMBOREE ROAD, SUITE 100, IRVINE, CA 92612
3. Local or California Address (if different than #2)
AS ABOVE
4. State where Entity is Registered with Secretary of State
CALIFORNIA
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
V 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 a# officers, directors,
members, managers and other fiduciaries for the member, manager, trust or other
entity
PARISIMA HASSANI ❑ Officer ❑ Director ❑ Member ❑ Manager
[name]
❑ General Partner ❑ Limited Partner
[,a Other CEO ± MANAGING PRINCIPAL
PRESIDENT
SHAZAD GHANBARI ❑ Officer ❑ Director ❑ Member ❑ Manager
[name]
❑ General Partner ❑ Limited Partner
Other DESIGN PRINCIPAL, CDO
DAVID J. SMITH
❑ Officer ❑ Director ❑ Member ❑ Manager
[name]
❑ General Partner ❑ Limited Partner
® Other PRINCIPAL, COO / SECRETARY
17
7. Owners/investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
50%, ABC COMPANY, Inc.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
A.
PARISIMA HASSANI
60% - WESTGROUP DESIGNS, INC.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
B.
SHAZAD GHANBARI
40% - WESTGROUP DESIGNS, INC.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Date
Name, Title 03/24/2021
r1SIM!kHASS;NI,
CEO + MANAGING PRINCIPAL
18
ATTACHMENT "E"
SAMPLE PROFESSIONAL SERVICES AGREEMENT FOR ON -CALL SERVICES
WD have reviewed the SOQ and the
Professional Services Agreement for On -Call
Services. We have no request for changes or
exceptions to this agreement.
1 ?AL
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? SOQ #08-21
ON -CALL ARCHITECTURAL SERVICES
ADDENDUM NO. 1
11!f0RV1 This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q1: How many teams does the City anticipating adding to the on -call list?
Al: The prior On -Call Architectural Services SOQ there were 4 architecture firms
selected for on -call services.
Q 2: Can you share an expected or estimated maximum or minimum contract value per
agreement? For example, the City of Newport Beach just issued an on -call RFQ for a
five year period with a maximum contract value of $400,000.
A 2: Our On -Call Architectural Services will not be set up with a minimum or
maximum contract value. The background of the Request for SOQs explains that
the City owns everything from the Airport and a Convention Center down to
smaller public buildings. Task orders approved for an on -call firm can be as small
as providing a feasibility study for a renovation to something large like new
construction on an empty lot.
Q 3: Regarding the City's on call RFSOQ, it does appear that it is just for building architects
but just wanted to make sure since the IMS report does mention other disciplines and
page 6 lists water conservation, drought tolerant planting and smart technologies etc.
Is this an On -call for Architects only or is it open for other disciplines as well?
A 3: Pursuant to the first line of the Request for SOQ on page 2, the City of Palm
Springs is seeking qualified architects to provide on -call architectural services to
the City. Architects will generally supplement their team with sub -consultants that
may have certain expertise, they will show this as described in the Firm and Staff
Qualifications section of the RFSOQ on page 5.
Q 4: Which pages from exhibit "E" shall be inserted into our response? Entire contract? Or
just a statement acknowledging Exhibit E?
A 4: On page 22 of the SOO, the first paragraph states, "Please review the Request for
SOQ and Agreement. if your company would like to request any modifications to
the Agreement or take exception to language in the Request for SOQ, identify all
requested changes or exceptions as Attachment "E" in your SOQ. if you have no
xl
requested changes or exceptions, then identify that in Attachment "E" of your
SOQ.
Q 5: Exhibits "A" through "D" are located on pages 14 - 18, but similarly there are Exhibits
"A" through "E" on pages 43-47 of the SOQ at the end of the Master Agreement. Should
we insert both into our response as they differ from one another? Please clarify.
A 5: Pages 14-18 are marked "Attachments" which are required submittals with your
SOQ. Pages 43-47 are marked "Exhibits". These are exhibits only to the contract
services agreement. Per the SOQ document, please refer to page 22, second
paragraph states that "Please note the exhibits in the attached Agreement are
intentionally not complete. These exhibits will be negotiated with the selected
Consultant(s) and will appear in the final Agreement executed between the
parties."
Q 6: Do you require examples and resumes from possible sub consultants? The structure of
the last paragraph in "firm and staff qualification" on page 5 seems to suggest that we
need only list them as part of an organizational chart. Please clarify.
A 6: Resumes can be included but are not required for anyone on your team. We have
received proposals in the past with no resumes and some with resumes for every
single person including subs. Whatever you feel best demonstrates the abilities
of your team members should be included in your proposal.
Q 7: If you do require full references from our proposed sub consultant team may we add
them as an appendix as this would constitute more pages than is allowable?
A 7: Full references of your subs can be included but are not required. Any information
included in addition to the 30 allowed pages will not be scored.
Q 8: Where will the Addenda be posted?
A 8: All addendums will be posted on the City's website on the Procurement &
Contracting page under "Open Bids & Proposals".
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 2, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: WESTGROUP DESIGNS, INC.
Authorized Signature:"''
Date: 03/24/2021
Acknowledgment of Receipt of Addendum 1 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOQ
being deemed non -responsive.
OF PALM So
SOQ #08-21
ON -CALL ARCHITECTURAL SERVICES
f ' ADDENDUM NO. 2
cq��FouN`P This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q1: Regarding Section 4. Reference Project, is the second set of bullets (beginning with
"Responsiveness and attentiveness to client needs") meant to be in support of the
reference project specifically, or can these topics address our firm's work/experience
more generally?
Al: It is meant to be specific to the chosen reference project.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 10, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: WESTGROUP DESIGNS, INC.
Authorized Signature: �.
Date: 03/24/2021
Acknowledgment of Receipt of Addendum 2 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOQ
being deemed non -responsive.
,OP'; PALM S
o . ��`-�'y SOQ #08-21
N ON -CALL ARCHITECTURAL SERVICES
�. ADDENDUM NO. 3
LL
�q�IFQRN�P This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: Are there minimum inclusivity thresholds to attain across the consultant team? If so, how
is this factored into the scoring?
A 1: No there are no inclusivity thresholds.
Q 2: If some, but not all, of the consultants on a team meet the criteria of a local business,
does that mean the team would only get partial points, or would they get the full 5 points?
A 2: As per the SOQ document on page 6-7 "Pursuant to Palm Springs Municipal Code
Section 7.09.030 Local Business Preference Program, the Local Preference in Services
does apply. In order for a local business to be eligible to claim the local preference, the
local business must request the consideration of the local preference program (see
Attachment A) in this section of the SOQ and provide a copy of its current business
license from a jurisdiction in the Coachella Valley showing the address of the business is
located in the Coachella Valley".
"Local business" means a vendor, contractor, or consultant who has a valid physical
business address located within the Coachella Valley, at least six months prior to bid or
proposal opening date, from which the vendor, contractor, or consultant operates or
performs business on a day-to-day basis, and holds a valid business license by a
jurisdiction located in the Coachella Valley. Post office boxes are not verifiable and shall
not be used for the purpose of establishing such physical address.
"Coachella Valley" means the area between the Salton Sea on the south, the San Jacinto
and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the
east and north. For the purposes of this definition, "Coachella Valley" includes the cities
of Beaumont and Banning and the unincorporated areas between Banning and the City
of Palm Springs.
Q 3: Will the questions from and answers to other teams' clarifications be shared with all
teams?
A 3: All questions received will be answered and published in addenda's and made
public to all interested vendors.
Q 4: Which Attachment(s) are required to be completed by Sub -Consultants, if any?
A 9: None of the attachments are required to be completed by the sub -consultants.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 16, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: WESTGROUP DESIGNS, INC.
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Authorized Signature:
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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.
4ALAq
A.oFSO
�"�'ti SOQ #08-21
N ON -CALL ARCHITECTURAL SERVICES
•„o ADDENDUM NO. 4
This Addendum is being issued for the following changes and
informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND
INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND
SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: Who are the architecture firms that are on the City's current Architecture On -Call?
A 1: Interactive Design Corporation, James Cioffi Architect, M. Arthur Gensler &
Associates, Urrutia AIA & Associates (now Uruttia Marks Architects)
Q 2: Does the scope of work include attending any commission hearings outside of those
required for projects which we are contracted for?
A 2: The scope of work only includes meetings for which you are contracted to
complete.
Q 3: What is the general scale of projects? (Small = ADA improvements / Medium = Historic
Preservation or Space Planning / Large = Full Remodel or New Construction)
A 3: This scope of work will cover small, medium and large projects.
Q 4: Which department / Staff person will be the main point of contact for project
coordination?
A 4: The Engineering Division will be the main point of contact for this contract. Each
individual project will have a project manager from the Engineering Division
assigned. Projects will be distributed amongst the staff by the City Engineer or
his/her designee.
Q 5: Will the city assign their own 'project manager' for each respective project?
A 5: The City Engineer or his/her designee, will assign a staff person as the City's
project manager for each task that will be assigned to on -call architects.
Q 6: Would our firm + team members be precluded from other/future opportunities?
A 6: If selected to be an on -call architecture firm for the City and subsequently the City
puts out a Request for Proposals on a separate project (usually high profile like a
new Main Library), your firm will still be allowed to submit proposals on the stand
alone project.
Q 7: If a consultant is non -local, but their executive architect (sub -consultant) is a Coachella
Valley -certified business, can you confirm that the full 5 points will be awarded? If not,
how will it be applied?
A 7: Per the language in the SOQ, five (5) points will be awarded to a consultant that
requests consideration of the local business preference and qualifies as a local
business. A consultant that does not meet the definition of "local business" in
the SOQ will not be awarded any points. For example, a consultant that does not
operate or perform business on a day to day basis within the Coachella Valley
would not be eligible for consideration of the local business preference, even if
they employ a sub -consultant that meets the definition of a local business.
Q 8: Can the 30-page 8.5x11 presentation be horizontally formatted for better full -screen
viewing, given that it is a digital submission?
A 8: Yes, your response file can be submitted in portrait or landscape orientation.
Q 9: Can more than one Reference Project be submitted if a team includes sub -consultants
with significant on -call municipal experience?
A 9: To compare proposals, the one reference project will be used for scoring.
However you can provide reference projects in other parts of the proposal to
demonstrate the abilities of your company and team.
Q 10: Does the submittal of Attachment "E" in the proposers' SOQs also include the entire
text of the Sample Professional Services Agreement for On -Call Services even if we
have either no requested modifications or requested modifications that we can either
describe on the Attachment "E" sheet (page 22 of the Request for SOQ) or just attach
the sheets of the Sample Agreement on which we may mark such requested
modifications?
A 10: Submit only the pages with your exceptions to the language and your
requested modifications in order to keep pages to a minimum. If you have no
requested changes or exceptions, then identify that in Attachment "E" of your
SOQ.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Procurement & Contracting Manager, Acting
DATE: March 18, 2021
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: WESTGROUP DESIGNS, INC.
Authorized Signature:
iJ
Date: 03/24/2021
Acknowledgment of Receipt of Addendum 4 is required by signing and returning a copy of this
addendum with your response. Failure to acknowledge this Addendum may result in your SOQ
being deemed non -responsive.
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EXHIBIT "D"
SCHEDULE OF COMPENSATION
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EXHIBIT "E"
SCHEDULE OF PERFORMANCE
The services provided hereunder this Agreement shall occur on an as -needed "on -call" basis, pursuant to
separate individual Task Orders or Purchase Orders. The City and Consultant shall agree on a schedule of
performance for scopes of work on assigned projects.
END OF EXHIBIT "E"
Rev. 5/1 /20
55575 18165 32900159 2