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Home My WebLink AboutA8355 - Engineering Resources of Southern CaliforniaCONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Professional Services Agreement Engineering Resources of Southern California Matt Brudin mbrudin@erscinc.com On-Call Civil Engineering Services On-Call Extension to December 31, 2024 On file Matt Brudin, mbrudin@erscinc.com Moe Ahmadi, mahmadi@erscinc.com Engineering Services Joel Montalvo / Francisco Jaime X8750 TBD A8355 Amendment No. 1 No Yes Yes Department N/A No Amendment No. 1 and insurance are attached. N/A 09/24/2024 Vonda Teed Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0 Page 1 of 3 Revised: 10.31.23 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. A8355 BETWEEN THE CITY OF PALM SPRINGS AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. 1. PARTIES AND DATE. This Amendment No. 1 to Professional Services Agreement No. A8355 is made and entered into as of this 1st day of October, 2024, by and between the City of Palm Springs (“City”) and Engineering Resources of Southern California, Inc. with its principal place of business at 1861 W. Redlands Blvd., Redlands, CA 92373 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 Agreement. The City and Consultant have entered into an agreement entitled “On- Call Civil Engineering Services” dated October 9, 2019 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide As-Needed, “On-Call” Civil Engineering Services for a variety of future civil engineering projects. 2.2 Amendment. The City and Consultant desire to extend the term to December 31, 2024 to provide continuing services until the new on-call agreement is awarded. 2.8 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 1.8 Performance of Services of the Agreement. 3. TERMS. 3.1 Term Section 3.4 of the Agreement is hereby amended by adding the following sentence: “The term of this Agreement is extended to December 31, 2024.” 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0 Page 2 of 3 Revised: 10.31.23 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0 Page 3 of 3 Revised: 10.31.23 SIGNATURE PAGE TO AMENDMENT NO. 1 BY AND BETWEEN THE CITY OF PALM SPRINGS AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0 9/30/2024 9/30/2024 9/30/2024 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/26/2024 Cavignac 451 A Street,Suite 1800 San Diego CA 92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 ENGIRES-01 Hartford Casualty Insurance Co 29424EngineeringResourcesOfSouthernCalifornia,Inc. 1861 W.Redlands Blvd,Bldg 7B Redlands,CA 92373 Berkley Insurance Company 32603 777782503 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X X Y 6802H222963 9/1/2024 9/1/2025 2,000,000 Deductible 0 A 1,000,000 X Y BA2S03978A 9/1/2024 9/1/2025 B XY72WEGGG63719/1/2024 9/1/2025 1,000,000 1,000,000 1,000,000 C Professional Liability AEC908006405 9/1/2024 9/1/2025 Each Claim Aggregate $5,000,000 $5,000,000 Re:“On-Call”Civil Engineering Services for a variety of future Civil Engineering projects.Additional Insured coverage applies to General and Automobile Liability for City of Palm Springs,its officials,employees,and agents per policy form.Primary coverage applies to General Liability and Automobile Liability per policy form.Waiver of subrogation applies to Workers Compensation per policy form.Professional Liability -Claims made,defense costs included within limit.If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium they will provide 30 days notice of such cancellation or nonrenewal. City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs CA 92262 Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Policy #BA2S03978A Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Policy #BA2S03978A Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Policy #BA2S03978A Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0                                                                                                      Policy #BA2S03978A Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0 Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0 Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0 09/01/2024 Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0 Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0 Docusign Envelope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z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ocusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0 '+(4EKISJ -RGPYHIWGST]VMKLXIHQEXIVMEPSJ-RWYVERGI7IVZMGIW3JJMGI-RG[MXLMXWTIVQMWWMSR 8LI8VEZIPIVW-RHIQRMX]'SQTER]%PPVMKLXWVIWIVZIH '311)6'-%0+)2)6%00-%&-0-8= SGGYTEXMSREP XLIVETMWX SV SGGYTEXMSREP XLIVET] EWWMWXERX TL]WMGEP XLIVETMWX SV WTIIGLPERKYEKITEXLSPSKMWXSV F *MVWX EMH SV +SSH 7EQEVMXER WIVZMGIW F]ER]SJ]SYVIQTPS]IIWSVZSPYRXIIV [SVOIVW SXLIV XLER ER IQTPS]IH SV ZSPYRXIIVHSGXSV%R]WYGLIQTPS]IIW SVZSPYRXIIV[SVOIVWTVSZMHMRKSVJEMPMRK XS TVSZMHI JMVWX EMH SV +SSH7EQEVMXER WIVZMGIWHYVMRKXLIMV[SVOLSYVWJSV]SY [MPP FI HIIQIH XS FI EGXMRK [MXLMR XLI WGSTI SJ XLIMV IQTPS]QIRX F] ]SY SV 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WYTTPMIW SV ETTPMERGIW 8LI JSPPS[MRK MW EHHIH XS 4EVEKVETLF )\GIWW -RWYVERGI SJ7)'8-32 -: z '311)6'-%0 +)2)6%0 0-%&-0-8= '32(-8-327 8LMWMRWYVERGIMWI\GIWWSZIVER]ZEPMHERH GSPPIGXMFPISXLIVMRWYVERGI[LIXLIVTVMQEV] I\GIWW GSRXMRKIRX SV SR ER] SXLIV FEWMW XLEXMWEZEMPEFPIXSER]SJ]SYVIQTPS]IIW JSVFSHMP]MRNYV]XLEXEVMWIWSYXSJTVSZMHMRK SV JEMPMRK XS TVSZMHI MRGMHIRXEP QIHMGEP WIVZMGIW XS ER] TIVWSR XS XLI I\XIRX RSX WYFNIGXXS4EVEKVETLE SJ7IGXMSR--z ;LS-W%R-RWYVIH / 1)(-'%04%=1)287z-2'6)%7)(0-1-8 8LI JSPPS[MRK VITPEGIW 4EVEKVETLSJ 7)'8-32---z0-1-873*-2796%2') 7YFNIGXXS4EVEKVETLEFSZIXLI1IHMGEP )\TIRWI0MQMXMWXLIQSWX[I[MPPTE]YRHIV 'SZIVEKI'JSV EPP QIHMGEP I\TIRWIW FIGEYWISJFSHMP]MRNYV]WYWXEMRIHF]ER] SRITIVWSRERH[MPPFIXLILMKLIVSJ ESV F8LIEQSYRXWLS[RMRXLI(IGPEVEXMSRWSJ XLMW'SZIVEKI4EVXJSV1IHMGEP)\TIRWI 0MQMX 0 %1)2(1)28 3* )<')77 -2796%2') '32(-8-32z463*)77-32%00-%&-0-8= 8LI JSPPS[MRK MW EHHIH XS 4EVEKVETLF )\GIWW -RWYVERGI SJ7)'8-32 -: z '311)6'-%0 +)2)6%0 0-%&-0-8= '32(-8-327 8LMWMRWYVERGIMWI\GIWWSZIVER]SJXLI SXLIV MRWYVERGI [LIXLIV TVMQEV] I\GIWW GSRXMRKIRX SV SR ER] SXLIV FEWMW XLEX MW 4VSJIWWMSREP 0MEFMPMX] SV WMQMPEV GSZIVEKI XS XLI I\XIRX XLI PSWW MW RSX WYFNIGX XS XLI TVSJIWWMSREP WIVZMGIW I\GPYWMSRSJ'SZIVEKI%SV'SZIVEKI& 1 &0%2/)8 ;%-:)6 3* 79&63+%8-32 z ;,)2 6)59-6)( &= ;6-88)2 '3286%'8 36%+6))1)28 8LIJSPPS[MRKMWEHHIHXS4EVEKVETL8VERWJIV 3J6MKLXW3J6IGSZIV]%KEMRWX3XLIVW8S 9W SJ7)'8-32 -: z '311)6'-%0 +)2)6%0 0-%&-0-8='32(-8-327 -JXLIMRWYVIHLEWEKVIIHMRE[VMXXIRGSRXVEGXSV EKVIIQIRX XS [EMZI XLEX MRWYVIHW VMKLX SJ VIGSZIV]EKEMRWXER]TIVWSRSVSVKERM^EXMSR[I [EMZISYVVMKLXSJVIGSZIV]EKEMRWXWYGLTIVWSR SVSVKERM^EXMSRFYXSRP]JSVTE]QIRXW[IQEOI FIGEYWISJ E&SHMP] MRNYV] SV TVSTIVX] HEQEKI XLEX SGGYVWSV F4IVWSREPERHEHZIVXMWMRKMRNYV]GEYWIHF] ERSJJIRWIXLEXMWGSQQMXXIH WYFWIUYIRX XS XLI WMKRMRK SJ XLEX GSRXVEGX SV EKVIIQIRX 1PMJDZ/VNCFS)Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:07/23/24 Policy Expiration Date:09/01/25 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WEG GG6371 Endorsement Number: Effective Date:09/01/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA INC 1861 W REDLANDS BLVD BLDG 7B REDLANDS CA 92373 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Docusign Envelope ID: CD7C43AC-0838-4D97-BC65-9E1B08D214F0 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON -CALL CIVIL ENGINEERING SERVICES THIS PROFESSIONAL SERVICES A REEMENT (hereinafter "Agreement") is made and entered into, to be effective this day of , 2019, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and Engineering Resources of Southern California, 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" Civil Engineering Services for a variety of future Civil Engineering projects, (hereinafter the "Project"). B. Consultant has submitted to City a proposal to provide As -Needed, "On -Call" Civil Engineering Services for a variety of future Civil Engineering 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"). 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 and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well -qualified and experienced professionals performing similar work under similar circumstances. 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 Proposals and the Consultant's Page 1 of 18 Rev. 1-31-18 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, 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 Scope of Services (Exhibit "A"); as may be amended from time to time; (3rd) the provisions of the City's Request for Proposal (Exhibit "B" ); and, (0) 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. 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 and Services 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 Services 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 and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Page 2 of 18 1.8 Performance of Services. City Manager or Director of Engineering Services/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 or the Director of Engineering Services/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 this Agreement. 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 and/or services 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 scope of services required by this Agreement will vary dependent upon the number, type, and extent of the services or work 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 contract, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Sum" shall be imposed on each separate project that the City may assign Consultant as provided in Section l .8 and in this Section 2.1. Each such separate project shall be identified as a Task Order or a Purchase Order authorized by the Director of Engineering Services/City Engineer or the City Manager as provided in this Section 2.1. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "D" and incorporated herein by this reference. The method of compensation 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. 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 Page 3 of 18 this Agreement, if any. Consultant shall be entitled to compensation in accordance with separate City authorized "Task Orders" (Purchase Orders) with corresponding Not -to -Exceed payment amounts established pursuant to the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D". Consultant's compensation shall be limited to the 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 (pursuant to Schedule "D") necessary for the projects. Subject to existing cost limits established by municipal code. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and Consultant shall not be entitled to payment for any work or 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. 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to 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. Page 4 of 18 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall commence on November 1, 2019 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: Matt Brudin. 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. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. 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. Page 5 of 18 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 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. 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 Page 6 of 18 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: 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. Page 7 of 18 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 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: 5.3.1 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. 5.3.2 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. 5.3.3 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. 5.3.4 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 Page 8 of 18 discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 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. 5.3.7 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. 5.3.8 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. 5.3.9 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. 5.3.10 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. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out ofthe 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. Page 9 of 18 5.3.12 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. 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: l . "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). 2. "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). 3. "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. 4. 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. Page 10 of 18 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, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. 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. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subConsultants, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials. Officers, employees, agents and volunteers. B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for Page 11 of 18 such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. C. The Consultant shall require all non -design -profession sub -Consultants, used or sub -contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub -section 6.1 in favor of the Indemnified Parties. In additions, Consultant shall require all non -design -professional sub -Consultants, used or sub -contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 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 and Services 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 or Services 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 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 Page 12 of 18 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 for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. Page 13 of 18 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 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. 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. Page 14 of 18 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 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. Page 15 of 18 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 City: City of Palm springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Engineering Resources of Southern California, Inc. Attention: Matt Brudin 77564 Country Club Dr., Ste. 128 Palm Desert, CA 92211 Telephone: (951) 765-6622 Facsimile: (909) 890-01995 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes 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. 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. Page 16 of 18 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. (SIGNATURES ON FOLLOWING PAGE) Page 17 of 18 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 An y Mejia, Ci y C Date: 101c7a1 t APPROVED AS TO FORM: B Jeffre . B li ger, Ci Attorney CONTENTS APPROVED: y avid H. Ready, City Manager e ate:�g�Lbl APPROVED BY CITY COUNCIL: Date:' Agreement No. 0 Date: G +—. d APPROVED BY CITY COUNCIL CONSULTANT 03 sr 4.-jr; Name: Engineering Resources of Southern California, Inc. Check one: _Individual Partnership X Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Address: 1861 W. Redlan By: nds Blvd. 92373 (notarized) Name: John M. Brudin Title: President By: _ 1 Signature (notarized Name: Ronald Worthington Title: Secretary Page 18 of 18 CALSOMIA ALL4RMPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 9C.M2+Ck YR 9Cr Kr KrA:.A_nf'..C•eC.aCxs nS�.S�_�a rs lAa:»a'.Aa�r4R #iE %k Keot.. ace R`r.c'..C'.d Sat s�.t�.x»_-v rs/s Y.�a r:mroz sa¢Mie s.4� A rotary public a other offxer onrapleaig this cartlicsto varffm a* the 1dmny of the mftidgw vft ergnBd the document to which this cartificsde ® shed and riot the Vultfidneas, accuracy or vas ft of d= dopamert State of County of� 1%44?a '�dU?a2- 1 Orr gep tPm &4 21) a01q before L1*?4C ^ me. �J Ace Merle Insert Arsine and Trtke of � persorrelly appeared „tip. LI who proved to me an the ba®a of sa5afsrory evidence to be the whose subscribed to the witless u�urnerit and acknowledged to me that ex =N&3.swne " haizad and tlret by#>ia4rerr s on h*urmard the perso or the r upon behatF of who parzon(s) acted. e> ,fed fire' I certify under PENALTY OF PERJURY under the lawns of the State of California that the foregoing paragraph ANGEL A FRAME u�is true and correct COMM. #2205487 MESS my �� harA and o' Notary Public • CBGtorm p Sort Bernardino COU* sign h. ' cum. Tres 12 = re orAbikmrypar & Pkme hkodary sear above OPTIONAL Though this section is ophamd. completing Nib information can deter aiheration of the document or fraud udent reat<achmiwd of this tc unirrtartdaddooOc document Description of Attached nt/J r �4f�/r�E Title or Type of oocunert U L� 1 oatg Number of Pam Signer(e) Other Than Named Above: CapecityPeal Claimed by Sr nerta /at.�c� � �lJ Signer a hmme: CJhn Signer's N. .x Oorporats Officer — Tdle(s}: I P jj Corporate otfioer — T3ta(s}: ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Lariiied ❑ General ❑ Individual ❑ Attomey in Fast ❑ Individual ❑ Attomey m Fad ❑ Tnrsme ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or C,onaervatar ❑ Other ❑ Other Signer Is Repreaentirg Signer k Regaaerding: ®2014 National Notary Associsbm • wwwJ WxffmN wy.ug • 1 -NO-tl'3 NDTARY O-B00-87043827) OWN" " EXHIBIT "A" SCOPE OF SERVICES General Scope of Services for "On -Call" Civil Engineering Services - Consultant shall provide as - needed on -call civil engineering services for various City Projects as assigned. Responsibilities may include, but are not limited to, the following: (*all services may or may not be necessary on each assigned project) 1. Street improvement projects. 2. Sewer improvement projects. 3. Storm drainage projects — Miscellaneous storm drainage improvement projects as determined by the Public Works staff. 4. Preliminary planning and cost estimating for capital improvement projects. 5. Right of Way Clearance. 6. Environmental Clearance for CEQA. 7. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. 8. Surveying Typical duties may include, but are not limited to the following: 1. Prepare or examine engineering plans, specifications designs, cost estimates, bid proposals and legal descriptions for a variety of construction and maintenance projects. 2. Serve at the discretion/direction of City Engineer on a variety of construction or capital improvement projects including difficult engineering work. 3. Represent the City in meetings with contractors, developers, consultants, utilities and others. 4. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. It will be the responsibility of the on -call Civil Engineering firm to determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. The City will not provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. All services shall be performed in compliance with industry and professional standards and all applicable federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Caltrans, (or most applicable or current edition at the time of assigned project), 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 Civil Engineer 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 Civil Engineer of sub -consultants for consideration and reserves the right of approval of any sub -consultant selected by the Civil Engineer on any assigned project. END OF EXHIBIT "A" EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS CITY OF PALM SPRINGS, CA NOTICE INVITING STATEMENTS OF QUALIFICATIONS SOQ 14-19 ON -CALL CIVIL ENGINEERING SERVICES NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting statements of qualifications from professional licensed civil engineering firms to provide the City with "on -call' Civil Engineering Services for a variety of City projects as may be assigned, (hereinafter the "Project"). The objective of this solicitation is to hire multiple on -call firms to provide such services to the City. PROJECT LOCATION: City of Palm Springs, CA SCOPE OF SERVICES: The scope of work includes providing the City with "on -call" Civil Engineering Services for a variety of City projects as may be assigned. OBTAINING SOQ DOCUMENTS AND ADDENDA: The SOQ document may be downloaded via the internet at www.palmspringsca.gov (go to Departments, Procurement, Open Bids & Submittals), or by calling the Office of Procurement and Contracting, (760) 322-8368. Upon downloading the SOQ via the internet, contact Craig Gladders, Procurement and Contracting Manager, via email at craig.gladdersCa)palmspringsca.gov to be placed on the interested vendor list for this project, providing your company name, contact person, contact email address, office address, office phone and office fax. Failure to be placed on the interested vendor list as stated above may result in not receiving Addenda to the SOQ. Failing to acknowledge Addenda may result in your submittal being non -responsive, or may negatively impact the evaluation of your submittal. We strongly advise that you follow the instructions above if you are interested in submitting your qualifications. EVALUATION OF QUALIFICATIONS AND AWARD OF CONTRACT: This solicitation has been developed in the Statement of Qualifications (SOQ) format for the acquisition of Professional Services on the basis of demonstrated competence and qualifications for the type of services required consistent with the provisions of CA Government Code 4525/4526 and Municipal Code 7.04.050. Accordingly, firms should take note that multiple factors as identified in the SOQ will be considered by the Evaluation Committee. PRICE IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA, but shall be negotiated with the successful firm or firms to be fair and reasonable. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City. DEADLINE: All submittals must be received in the Procurement and Contracting Office, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME, TUESDAY, JUNE 11, 2019. The receiving time in the Procurement Office will be the governing time for acceptability of submittals. Telegraphic and telephonic submittals will not be accepted. Reference the SOQ document for additional dates and deadlines. Late submittals will not be accepted and shall be returned unopened. SUBMITTALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their submittal shall be valid for a period of 120 calendar days from the due date of submittals. Page l of 48 Craig L. Gladders, C.P.M. Procurement and Contracting Manager May 7, 2019 Page 2 of 48 F CITY OF PALM SPRINGS, CA STATEMENT OF QUALIFICATIONS (SOQ) #14-19 ON -CALL CIVIL ENGINEERING SERVICES Statements of Qualifications (SOQ 14-19), for professional services for a On -Call Civil Engineering Services for the City of Palm Springs, CA, (hereinafter the "SOQ") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, TUESDAY, JUNE 11, 2019. It is the responsibility of the respondent to see that any submittal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of submittals. Telegraphic, telephonic, faxed or emailed submittals will not be accepted. Late submittals will be returned unopened. Failure to register for this SOQ process per the instructions in the Notice Inviting Statements of Qualifications (under "Obtaining SOQ Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a submittal as being non -responsive or negatively impact the evaluation of a submittal. We strongly advise that interested firms officially register per the instructions in the Notice. 1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting statements of qualifications from qualified professional licensed civil engineering firms to provide the City with On -Call Civil Engineering Services The objective of this solicitation is to hire multiple on -call firms to provide such services to the City. The City may assign projects at its sole discretion. 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. SCHEDULE: Notice requesting Statements of Qualifications posted and issued ........................... May 7, 2019 Deadline for receipt of Questions ....................................... Tuesday, June 4, 2019, 3:00 P.M. Deadline for receipt of Submittals .................................... Tuesday, June 11, 2019, 3:00 P.M. Short List / Interviews/ *if desired by City.......................................................... to be determined Contract awarded by City Council..................................................................... to be determined NOTE: There will NOT be a pre -submittal conference for this procurement. *Dates above are subject to change. "KEY" TO SOQ ATTACHMENTS: ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment. *Must be completed and included in your Qualifications Submittal envelope. Page 3 of 48 ATTACHMENT "B" — Non Collusion Affidavit Form. Must be completed and notarized and included in your Qualifications Submittal envelope. ATTACHMENT "C" — Cost/Rates Submittal Form. *Must be completed and included in a separately sealed envelope — do NOT include this in your Qualifications Submittal envelope. ATTACHMENT "D" — No Conflict of Interest and Non -Discrimination Form. *Must be completed and included in your Qualifications Submittal envelope. ATTACHMENT "E" — Business Disclosure Form. *Must be completed and included in your Qualifications Submittal envelope. ATTACHMENT "F" — Sample boilerplate Contract Services Agreement (for reference only) *SPECIAL NOTE: THE CITY IS CONDUCTING A SEPARATE SOQ 15-19 FOR ON -CALL TRAFFIC ENGINEERING SERVICES THAT IS DUE ON THE SAME DAY. IF YOUR FIRM ALSO OFFERS THOSE SERVICES AND YOU WISH TO SUBMIT YOUR QUALIFICATIONS FOR TRAFFIC ENGINEERING SERVICES, YOU MUST SUBMIT A SEPARATE RESPONSE TO THAT SPECIFIC SOQ. THE CITY WILL NOT ACCEPTOR CONSIDER A COMBINED SINGLE SUBMITTAL /N RESPONSE TO BOTH SOQ'S. 2. BACKGROUND: The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of over 48,000. The City is seeking proposals from qualified professional Civil Engineering firms to establish a list of on -call firms to work on a variety of capital projects within the City boundaries. The city anticipates the projects will range from various small and large Civil Engineering projects related to roadways and various City facilities. Examples of the types of projects that may be contemplated under this contract for services may include, but are not limited to, the following: drainage projects, curb and gutter work, design of parking lots, street improvements, preliminary planning and cost estimating for existing and future projects, etc. The selected consultant(s) shall be required to demonstrate successful experience and capacity to provide civil engineering services to a municipal government agency for the types of projects named above. Note that projects with Federal or State grant funds may be excluded from this contract pursuant to the applicable terms and conditions of the grant requirements. The City intends to award one or more contracts for on -call Civil Engineering Services with an initial term of three years, with two one-year extensions upon approval of the City Manager and mutual consent of the selected Consultant(s), for a total maximum term of five years, unless mutually extend by the parties. The assignment of projects to the on -call firms is not guaranteed and is at the sole discretion of the City. 3. SCOPE OF WORK: The selected Consultant(s) shall provide first class as -needed licensed on -call civil engineering services for various City Projects as assigned. Responsibilities may include, but are not limited to, the following: (*all services may or may not be necessary on each assigned project) 1. Street improvement projects. 2. Sewer improvement projects. Page 4 of 48 3. Storm drainage projects — Miscellaneous storm drainage improvement projects as determined by the Public Works staff. 4. Preliminary planning and cost estimating for capital improvement projects. 5. Right of Way Clearance. 6. Environmental Clearance for CEQA. 7. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. Typical duties may include, but are not limited to the following: 1. Prepare or examine engineering plans, specifications designs, cost estimates, bid proposals and legal descriptions for a variety of construction and maintenance projects. 2. Serve at the discretion/direction of City Engineer on a variety of construction or capital improvement projects including difficult engineering work. 3. Represent the City in meetings with contractors, developers, consultants, utilities and others. 4. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. It will be the responsibility of the successful firm(s) to determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. The City will not provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. All proposals must be made on the basis of the requirements contained herein. Individual tasks may require supervision, consultants, materials, equipment and supplies necessary to complete any services required. All services shall be performed in compliance with industry and professional standards and all applicable federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), 2010 (or most applicable current at the time of assigned project) Edition of the 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 Civil Engineer 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 Civil Engineer of sub -consultants for consideration and reserves the right of approval of any sub -consultant selected by the Civil Engineer on any assigned project. 4. SUBMITTAL REQUIREMENTS: Please note: this SOQ cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firms to be knowledgeable of the general areas identified in the scope of work and will incorporate in the final agreement with the selected firms from this process all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve amendments or change orders to the Page 5 of 48 selected firms agreements which do not involve a substantial change from the general scope of work identified in this SOQ. 5. SELECTION PROCESS: The City of Palm Springs is utilizing a Qualifications Based Selection process to select multiple firms to provide the on -call services requested by this SOQ. The City shall review the submittals submitted in reply to this SOQ, and a limited number of firms may be invited to make a formal presentation and attend an interview at a future date. The format, selection criteria and date of the presentation and interview will be established at the time of short -listing. Preparation of submittals in reply to this SOQ, and participation in any future presentation or interview is at the sole expense of the firms responding to this SOQ. 6. SUBMITTAL EVALUATION CRITERIA: This solicitation has been developed in the "Statement of Qualifications" (SOQ) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firms. Consistent with CA Government Code Section 4525/4526 and Municipal Code 7.04.050 for the acquisition of Professional Services, price is NOT an evaluation criteria. Cost/Rate submittals submitted in separate sealed envelopes are not opened, nor considered during evaluations. Upon selection of the most qualified firms, the associated cost/rates submittals will be used as a basis for contract negotiations to establish fair and reasonable and mutually agreed upon costs. Should successful negotiations not occur with a ranked firm, the City may, at its sole discretion, choose to enter into negotiations with the next highest ranked firm, and so on. PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their submittal, information obtained from references, and presentations if requested. All submittals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. An Evaluation Committee, using the following evaluation criteria for this SOQ, will evaluate all responsive submittals to this SOQ. Firms are requested to submit their submittals so that they correspond to and are identified with the following specific evaluation criteria: A. Firm Qualifications, Experience and Background (35 POINTS): B. Understanding Civil Engineering Design processes (35 POINTS): C. References and Experience with Projects of Similar Size and Scope (25 POINTS): D. Local Expertise Demonstrated on the Team (5 POINTS): Firms that qualify as a Local Business, or employ local sub -consultants, and submit a valid business license as more fully set forth in Section D.1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, will be awarded to those that qualify as a Local Business. Two (2) points will be awarded to a non -local business that employs or retains local residents and/or firms for this project. Non -local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. 7. SUBMITTAL CONTENTS: Firms are requested to format their submittals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The submittals must be in an 8 1/2 X 11 format, minimum 10pt font size, minimum %" margins, and may be no more than a total of thirty (30) sheets of paper, which may be double -sided, including cover letters, organization charts, staff resumes, appendices, and any exceptions to the language in the sample agreement, or to the insurance requirements. NOTE: Page 6 of 48 Dividers, Attachments "A","B", "D" and "E" and Addenda acknowledgments, and the Cost/Rates Submittal "C" (*in a separately sealed envelope) do NOT count toward the limit (everything else does . Interested firms shall submit SIX (6) copies (one marked "Original" plus five (5) copies) of both your Qualifications Submittal and your Cost/Rates Submittal, and one (1) Thumb Drive or CD of the entire submittal (including the Cost/Rates Submittal), by the deadline. All submittals shall be sealed within one package and be clearly marked, "SOQ 14-19, REQUESTS FOR STATEMENTS OF QUALIFICATIONS FOR ON -CALL CIVIL ENGINEERING SERVICES". Within the sealed submittal package, the Cost/Rates Submittal "C" shall be separately sealed from the Qualifications Submittal. Submittals not meeting the above criteria may be found to be non -responsive. EACH SUBMITTAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED ENVELOPES: Envelope #1, clearly marked "Qualifications Submittal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Completed, and notarized, Affidavit of Non -Collusion (see Attachment B) • If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. • Completed No Conflict of Interest and Non -Discrimination Form (Attachment D) • Completed Business Disclosure Form (Attachment E) At a minimum, firms must provide the information identified below. All such information shall be presented in a form that directly corresponds to the numbering scheme identified below. SECTION A: FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND A.1 State your firm's complete name, type of firm (individual, partnership, corporation or other), telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the state the corporation was organized under. A.2. State the name and title of the firm's principal officer with the authority to bind your company in a contractual agreement. A.3 Describe your firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with providing civil engineering design services for public agencies. A.4 List the name, qualifications and availability of the key staff/team members that will be assigned to this project. Provide detailed qualifications of the lead Representative or Project Manager that will be assigned to this project. A.5 Indicate the name of any sub -consultant firms that will be utilized to make up your team. Describe each sub -consultant's background and specific expertise that they bring to this project, Page 7 of 48 SECTION B: UNDERSTANDING CIVIL ENGINEERING DESIGN METHODOLOGY B.1 Describe in detail the steps that your firm would follow to provide civil engineering design services, including your work plan process and methodology. B.2 Identify your ability to ensure that projects are designed within your client's budget and the measures taken in successfully completing all phases of a project. B.3 Identify project management tools you propose to use to keep both your own staff on track and the City staff cognizant of current project status. BA Identify a design project, carried out in a desert environment, for which your firm and the staff proposed for this contract provided Civil Engineering Design Services, and describe how you applied your firm's skills and abilities in the following areas: (a) Responsiveness and attentiveness to client needs; (b) Creative ability; (c) Knowledge and understanding of the latest construction trends; (d) Analytical capability; (e) Oral and written communication skills; (f) Interaction with client's organization, i.e., other divisions and personnel (g) Sensitivity to funding constraints B.5 For the types of potential projects that were listed in Section 2 "Background", please comment on issues in your past experience that have come up and how your staff worked with your client to either avoid or resolve them. SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE CA Provide a minimum of three (3) references for recently completed Civil Engineering Design Services for projects of a similar size and scope where the key personnel identified above provided the professional services required. At least two (2) of the references shall be for public/government agency projects, preferably in a desert climate. Provide contact information, including full name and a current phone number, for each project identified. C.2 For the representative successful projects completed, explain what key issues/challenges you faced and how you solved them. Also, please comment on the project budgeting for each. SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM D.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as 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. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Page 8 of 48 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. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley with its proposal. D.2 List all team members with local expertise. Clearly define their role in the overall project. ENVELOPE #2, clearly marked "Cost/Rates Submittal", shall include a fully completed and signed "Cost/Rates Submittal" form, Attachment "C", as provided by the City. • List the hourly rate for all classifications of personnel who may work on a Project for the City of Palm Springs. • List the hourly rate for all classifications of personnel of sub consultants. • List any reimbursable expenses the City may incur. • List any additional costs, such as drive time, that the City may incur in conjunction with the performance. • Do NOT include Attachments "A", "B", "D, or "E" in the CosVRates Submittal, Envelope #2. Attachments "A", "B", "D" and "E" are to be included in Envelope #1, "Qualifications Submittal". DEADLINE FOR SUBMISSION OF QUALIFICATIONS: Submittals will be received in the City of Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME, TUESDAY, JUNE 11, 2019. Proof of receipt before the deadline is a City of Palm Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the firms replying to this SOQ to see that any submittal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the submittal due date and time. Late submittals will be returned to the firm unopened. Submittals shall be clearly marked and identified and must be submitted to: City of Palm Springs Procurement and Contracting Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager QUESTIONS: Firms, 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 Page 9 of 48 this SOQ other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a submittal. Any questions, technical or otherwise, pertaining to this SOQ must be submitted IN WRITING and directed ONLY to: Craig Gladders, C.P.M. Procurement & Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craig. GIadders(a_.palmspringsca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the SOQ. The deadline for all questions is 3:00 P.M., Local Time, Tuesday, June 4, 2019. Questions received after this date and time may not be answered. Only questions 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. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement (see Attachment "F"). Please note that agreement Exhibits A, B, C, D and E are intentionally not complete in the attached document. These exhibits will be negotiated with the selected firms, and will appear in the final Professional Services Agreement executed between the parties. Requested changes to the Professional Services Agreement may not be approved, and the selected firms must ensure that the attached document will be executed. We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled "Conflict of Interest" and "Covenants Against Discrimination" and recommend all firms carefully consider these contractual requirements prior to submitting a submittal in response to this SOQ. Firms that submit a submittal in response to this SOQ shall certify the following: 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 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. b) Covenant Against Discrimination. In connection with its performance under this 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 Page 10 of 48 G lawful capacity to enter this Agreement, and in executing this 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 firms refuse or fail to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the next highest ranked firms, and so on. The term of the agreements that are awarded as a result of this SOQ shall be in effect for three (3) years with two additional one (1) year optional extensions at the mutual consent of the parties. AWARD OF CONTRACT: It is the City's intent to award a contract to the firms that can provide all of the services identified in the SOQ document. However, the City reserves the right to award a contract to multiple firms or to a single firm, 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 the firms to be recommended for award and contracts have been negotiated and agendized for consideration. The decision of the City Council will be final. RIGHT TO ACCEPT OR REJECT SUBMITTALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a submittal and to accept or reject, in whole or in part, any or all submittals and to cancel all or part of this SOQ and seek new submittals, 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. INSURANCE: Insurance provisions are contained in the Standard Professional Services sample agreement included in the SOQ. The successful firms will be required to comply with these provisions. It is recommended that firms have their insurance provider review the insurance provisions BEFORE they submit their qualifications. RESPONSIBILITY OF PROPOSER: All firms responding to this SOQ shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an SOQ without an authorized signature, falsified any information in the submittal package, etc.), the submittal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. 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 Page 1 I of 48 staff has agendized a recommendation to the City Council for the award of a contract to a specific firm or firms, but before final action is taken by the City Council to award the contracts. Although the California Public Records Act ("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 submittal 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 party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. If a submitting party contends that a portion of the submittal is confidential even under the CPRA, the party: 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 Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party 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 party 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 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 NOW RESPONSIVE. COST RELATED TO SUBMITTAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this SOQ in the preparation of their submittal or participation in any presentation if requested, or any other aspects of the entire SOQ process. COMPLIANCE WITH LAW: Proposer 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. LICENSES, PERMITS, FEES, AND ASSESSMENTS: Proposer 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 Work and Services requested in this SOQ. Proposer represents and warrants to City that Proposer 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 Proposer to perform the Work and Services under the Agreement if so awarded. Proposer 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 Proposer's performance of the Work and Services required under the Agreement if so awarded. Proposer 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. BUSINESS LICENSE: The selected firm 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'. Page 12 of 48 INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this SOQ to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any submittal 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 Contract and to complete the Work contemplated therein. SUBMITTALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their submittal shall be valid for a period of 120 calendar days from the due date of submittals. SIGNED SUBMITTAL AND EXCEPTIONS: Submission of a signed submittal will be interpreted to mean that the firm responding to this SOQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Statement of Qualifications, and any attached sample agreement. Exceptions to any of the language in either the SOQ documents or attached sample agreement, including the insurance requirements, must be included in the submittal and clearly defined. Exceptions to the City's SOQ document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. Page 13 of 48 ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* REQUESTS FOR STATEMENTS OF QUALIFICATIONS (SOQ) #14-19 ON -CALL CIVIL ENGINEERING SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): BUSINESS ADDRESS: TELEPHONE: CELL PHONE FAX CONTACTPERSON EMAIL ADDRESS A. I hereby certify that I have the authority to submit this Submittal 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 submittal. PRINTED NAME AND TITLE SIGNATURE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; A corporation If a corporation, organized in the state of: 2. My tax identification number is: Please check below IF your firm qualifies as a Local Business as defined in the SOO: A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this SOQ is required by including the acknowledgment with your submittal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non -responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # is/are hereby acknowledged. Page 14 of 48 ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND NOTARIZED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH SUBMITTAL STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned, being first duly sworn, deposes and says that he or she is of -the party making the foregoing Submittal. That the Submittal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Submittal 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 Submittal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Submittal, 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 Submittal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Submittal 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 Submittal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Submittal 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, Submittal depository, or any other member or agent thereof to effectuate a collusive or sham Submittal. Subscribed and sworn to before me this day of . 2019. Page 15 of 48 ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope #2)* *If necessary, you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ #14-19) ON -CALL CIVIL ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 14-19 for providing on -call Civil Engineering Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: $ $ Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Page 16 of 48 Cost/Rate: Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed. Certified by Firm Name Signature of Authorized Person Printed Name Title Date Page 17 of 48 ATTACHMENT "D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* CITY OF PALM SPRINGS, CA 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 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. 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. NAME OF CONSULTANTNENDOR: NAME and TITLE of Authorized Representative: (Print) Signature and Date of Authorized Representative: (Sign) Page 18 of 48 (Date) ATTACHMENT "E" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE (INSTRUCTIONS FOR APPLICANTS) 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: (9) 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 ownerrnvestor 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 with the Office of the City Clerk 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? Page 19 of 48 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.). 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. *There are some additional supplementary instructions with an example following the form should you need further clarification. Pa,-e 20 of 48 EXHIBIT "C" CONSULTANT'S PROPOSAL rmdmAm Engineering Resources of Southern California It MIAAM na Enihe i.g R... rc of5.,dhe Cshf_T. June 11th, 2019 Craig Gladders, CPM Procurement & Contracting Manager City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: On -Call Civil Engineering Services Dear Mr. Gladders and Evaluation Committee Members, Engineering Resources of Southern California, Inc. 77-564 Country Club Dr. Ste. 128 Palm Desert, CA 92211 951 /765-6622 info@erscinc.com www,erscinc.com Engineering Resources of Southern California (ERSC) is pleased to have the opportunity to submit qualifications to the City of Palm Springs as a qualified, experienced consultant to provide On -Call Civil Engineering Services. Based on our review of the RFP, knowledge of the City and Region, and consulting of available supporting documents, we have developed a thorough understanding to provide outstanding service to the City. The City of Palm Springs is preparing to continue a tradition of being one of the most respected communities in Southern California. As Palm Springs continues to uphold this tradition, the staff of the City are assembling a qualified team to assist in facilitating planning, design, and construction of future projects to the benefit of all residents and stakeholders. ERSC's professional capabilities fit well with the goals of the City. ERSC has a proven record in the delivery of capital improvement projects to municipalities, regional water agencies, and special districts throughout Southern California. Our team members have worked together on numerous similar projects ranging in scope and complexity, giving them the ability to respond to your needs in a timely and effective manner. Project Management Matt Brudin, PE will serve as project principal during the course of any potential project with the City of Palm Springs. Matt has served the City since 2000 in different projects. Over 700 Plan Checks, numerous street improvement projects, drainage projects, and storm drain projects have all been completed by ERSC in the City under Matt's supervision and guidance. With Matt leading the ERSC team, we will benefit from nearly 20 years of knowledge in the City. In regards to the City of Palm Springs, ERSC can offer the following benefits: • Familiar - ERSC has served the City of Palm Springs on a continual basis in different capacities since 2000. • Palm Springs Specific Knowledge - Through 19 years of serving the City, our team has become familiar with the many special nuances of working in the City and the Region. • Responsive - ERSC can provide immediate pickup and responsiveness through our project -specific plan checking coordinators and couriers. Often, we can provide same day pickup within the hour. of working within the City. • Experienced - ERSC regularly participates in projects that include the scope items identified in the City's RFP. ERSC frequently participates in these projects in the Coachella Valley, currently our team is providing engineering design services to the City of La Quinta for intersection improvements at Fred Waring and Washington. • Nearby - ERSC's Palm Desert office is located just minutes away from City Hall. Nearby location will allow for ease of coordination made possible in any potential project. We look forward to the opportunity to work with the City of Palm Springs and thank you for the opportunity to submit a proposal. Ifyou have any questions, or require additional information, please contact me at matt@erscinc.com or 951 f765-6622. 1\ John M16rudin, PE President - Principal -In -Charge Table of Contents Section A: Firm Qualifications and Background ........................... Project Team and Experience ..................................... Section B: Understanding Civil Engineering Design Methodology Section C: References and Similar Experience ............................ Section D: Local Experience......................................................... ..................................................................1 .................................................................. 3 11 ...........................................................................21 .......................................................................... 27 Section A: Firm Qualifications and Bac ERSC, Inc. • Er.... ........... Engineering Resources of Southern California, Inc. vv - vvv (ERSC) was formed in 1996 with the asset purchase ERSC's range of capabilities performed in-house of NBS/Lowry, Inc. Since formation, ERSC has been allows us to meet the needs of clients throughout the committed to serving the Southern California region's life of any potential project. public sector such as Special Districts, Regional Agencies, and Municipalities. ERSC currently ERSC Professionals staffs over 37 engineers, designers, construction The strength behind ERSC is found in our observation personnel, and administrative support staff of professionals. ERSC hosts a qualified staff in four offices located in Palm Desert, Redlands, and experienced staff of engineers designers Temecula, and Irvine. Our Locations San Bernardino County 1861 W. Redlands Blvd. Redlan(�s. CA 92373 Riverside County 41593 Winchester Road, Ste. 211 emecula. CA 92590 Coachella. Valley 77-564 Country Club Drive, Ste. 126 Palm Desert. CA 92211 Orange County 15 Nubble, Ste, 270.E Irvine, CA 92618 A.3 Firm Background and Qualifications ERSC Capabilities ERSC has concentrated throughout its history on servicing public agencies. As a result, our strengths have been established to provide solutions and professional services to agencies throughout the public sector. • Water/Wastewater Engineering • Construction Management and Inspection • Civil Site Design • Transportation Engineering • Independent Plan Review Flood Control and Drainage Engineering • Water Quality/NPDES • Traffic Engineering • Survey and Mapping construction observation personnel, and administrative support staff. We strive to match the exceptional skills, technical abilities, character, and attitude of our team members to the needs of our clients. ERSC staff work daily to create partnerships with our clients to transform their projects from the broadest level of general scope to their final planning, design, implementation and construction resolution. Many ERSC professionals have significant previous experience as municipal and public agency employees. As a result, ERSC can approach your project with first-hand knowledge of agency culture and how any agency envisions the planning and processing of a well -executed project. ERSC Reliability We believe that our long-standing service to a variety of public agency clients throughout California, many on a continuous basis throughout our 23 years in business, is a testimonial to the quality of services we provide. Many of our clients have continually sought our services since our first year of business. Throughout years of service, ERSC has developed significant financial resources and organizational efficiencies. Development of proficiencies in these areas has allowed ERSC to continually deliver projects that routinely exceed client expectations. ERSC in the City of Palm Springs ERSC has provided engineering services to City of Palm Springs since 2002. In that time, ERSC has completed over 750 Plan Check projects, storm drain design for MDP Lines 8 and 6A, relocation of the Palm Springs Skate Park Admin Building and other small design assignments. ERSC is looking to continue a long term relationship —MRIMSMAM_ Statement of Qualifications for On -Call Civil Engineering Services MINk D City of Palm Springs SOQ 14-19 Page 1 Section A: Firm Qualifications and Background in the City. Our team's services and capabilities fit well with those outlined in the RFQ. Our submittal aims to underscore these capabilities and inspire confidence that the City can depend on the ERSC team. A.1 &2 ERSC Corporate Information Name and Corporate Address Engineering Resources of Southern California, Inc. (ERSC) 1861 W. Redlands Blvd. Redlands, CA 92373 Contact Information Matt Brudin, PE 77564 Country Club Dr. Ste, 128 Palm Desert, CA Telephone: 951.765.6622 Fax: 909.890.0995 Email Address: matt@erscinc.com The above contact is the firm's principal officer and has the authority to bind the organization. Type of Entity Corporation Number of employees ERSC maintains a staff of 37 professionals throughout 4 offices in Southern California. Federal Employer I.D. Number. 33-0718153 CA Dept. of Industrial Relations Number 1000017460 Years in business 23 years _14%� Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 2 Section A: Project Team and Experience AA ERSC Project Team extensive experience in Palm Springs. ERSC has assembled a project team that is managed by engineers with experience related directly to capital KDM Meridian - Survey KDM projects. Our management team will be supported by KDM Meridian is a professional MERIDIAN staff engineers and technicians with equally significant Land Surveying consulting firm,.a experience related to the design of similar facilities. specializing in GPS, LiDAR Project Management The ERSC team will consist of a combination of ERSC Staff and Subconsultants. John M. Brudin, PE as Principal -in -Charge and a team of project managers to be assigned based on project discipline will make up ERSC's management team. The ERSC subconsultant team will support ERSC staff in the areas of Environmental Analysis, Survey, and Right - of -Way clearance. Brief biographies of ERSC key staff and each sub consultant and their key staff are provided in the following pages. John M. Brudin, PE -- Principal -in -Charge Over the past 30 years, Mr. Brudin has been involved in a number of complex planning, design and construction projects. His ability to effectively communicate with agency personnel and team members provides the vital link between client and consultant and ensures that the goals of each project are met. Mr. Brudin has a broad base of experience in various disciplines including site design for public institutional facilities. Mr. Brudin has served the City of Palm Springs in numerous assignments including over 700 Plan Checks, Vista Chino Widening, Ramon Road Drainage Improvements, Civic Drive Improvements, and MDP Lines 8 and 6A. Mr. Brudin will be supported by a team of project managers to be assigned depending on project discipline. Key personnel resumes are available in this section. A.5 Subcontractors/Subconsultants Terra Nova Planning & Research, Inc. - Environmental F" Terra Nova is a full service L t TERRA NOVA land use and environmental N'M.NG&Rf%: C"'"` planning firm with a highly professional team of experienced urban and environmental planners and technical staff. Founded in Palm Springs in 1984, Terra Nova enjoys a strong reputation for providing clients with professional services of high quality, creativity and innovation, and scientific objectivity. Terra Nova is located in the Coachella Valley with scanning, and conventional land surveying. Established in February of 2000, KDM Meridian has rapidly built a growing clientele by offering professional and technical services to public and private clients. Our client's range between local, regional, state, and federal agencies. They also include other surveying firms, utility agencies, development groups, private consulting firms, construction firms, professional architects, and attorneys. KDM recently served as a subconsultant to Harris and Associates during a similar on -call agreement with Palm Springs. Overland, Pacific, and Cutler - Right -Of -Way Clearance :�A 0 PC OPC has specialized in full service right of way and real property acquisition and related services since 1980. OPC has extensive experience working with public agencies on projects that use a variety of public funding sources and we are intimately familiar with the requirements that often accompany these types of projects, specifically projects that involve federal, state, and local monies. These services include professional services involving right of way program and project management, real estate appraisal, appraisal review, cost estimating, land and right of way acquisition, relocation planning and implementation, escrow coordination, property management, utility coordination, civil engineering and right of way engineering services. OPC has recently completed ROW services for numerous transportation and bridge projects throughout the Coachella Valley. Resumes The following pages include key staff resumes for ERSC's Project Team Members. T^ICBM Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 3 John M. Brudin, PE President Over the past 25 years, Mr. Brudin has been involved in a number of complex planning, design and construction projects. His ability to effectively communicate with agency personnel and team members provides the vital link between client and consultant and ensures that the goals of each project are met. Mr. Brudin has a broad base of experience in various disciplines including water resources, site development, streets and roads, grading and drainage and flood control facilities. Mr. Brudin has served as a District Engineer for the Lake Hemet Municipal Water District, City Engineer for the City of Hemet, and as a Project Manager for "as -needed" professional engineering plan check services for several cities in the Orange, Riverside and San Bernardino County areas. Under these contracts, he has managed construction inspection/administration, development review, and plan check services for land development and capital projects, including grading, water, sewer, drainage, traffic signal and street improvement plans. Education BS, Civil Engineering, Loyola Marymount University, Los Angeles, CA Registrations / Certifications CA, Civil Engineer No. C41836 QSD/QSP No. 00707 Affiliations American Public Works Association Floodplain Management Association Areas of Expertise Water/Wastewater Engineering Flood Control Engineering Project Management Quality Control Mr. Brudin will be the Principle -in -Charge for On -Call Civil Engineering Services for the City of Palm Springs under this contract. 20% Availability Select Project Experience: Riverside Drive Street Widening, Signal Modifications, Signing and Striping, Lake Elsinore, CA - Project Principal in the development of program documents and planning and design activities related to the reconstruction of an existing campground located along Riverside Drive on the westerly end of Lake Elsinore. Steven coordinated completion of all CalTrans requirements to facilitate completion of the project. Design of Storm Drain Line "LL" Improvements, Dracaea Avenue and Old 215 Frontage Road, City of Moreno Valley, CA — Project Manager during the preparation of an Engineer's Report which analyzed various alignment alternatives and recommended the most appropriate alignment. Services included base mapping, utility research, hydrology studies, alternative development and analysis, hydraulic calculations, profiles, cost estimates and a written report. Southeast Valle Vista Storm Drain, Hemet, CA — Project Manager to Lake Hemet Municipal Water District during the design of 48- and 60-inch storm drains in Southeast Valle Vista. East Cathedral Creek, Cathedral City, CA — Project Manager during the development of construction drawings for one -quarter -mile of soft -bottom channel along East Cathedral Creek. Major elements of the project included design surveys, hydraulic analyzes, alternative development, and preparation of final plans, specifications and quantity and cost estimates. The final project required Riverside County Flood Control District and Federal Emergency Management Agency (FEMA) approval. Storm Drain Development Standards, Storm Drain Criteria and Drainage Design Manual, City of Hemet, CA — Project Manager during the preparation of a focused manual to provide for the planning and implementation of planned storm drainage systems in the City of Hemet. Major elements of the manual addressed the goals and objectives of the City, provided written policy statements related to the development of drainage systems, preparation of preliminary drainage design and submittal, and established criteria for the design of surface and subsurface drainage and flood control facilities. tftsas Statement of Qualifications for On -Call Civil Engineering Services � City of Palm Springs SOQ 14-19 Page 4 Moe Ahmadi, PE I Sr. Principal En ien Over the past 30 years Mr. Ahmadi has actively participated in the preparation of numerous feasibility studies, design reports, construction plans, specifications and cost estimates for drainage and flood control facilities throughout Southern California. Mr. Ahmadi is experienced with numerous computer programs including AutoCAD 2019, CiviICAD Hydrology programs, Water Surface Profile Gradient (WSPG), and HEC-RAS flood plain analysis software. He is also experienced in preparation of Stork Water Prevention Plan (SWPPP) as required by the NPDES Industrial General Permit and the Construction General Permit (CGP), which identify BMPs used to reduce or eliminate potential pollutant discharges in storm water runoff. Under his direction, plans for various residential, commercial, and industrial projects in the Counties of Riverside, San Bernardino, and Orange have been prepared. Mr. Ahmadi will be responsible for all Flood Control and Drainage Engineering for the City of Palm Springs under this contract. 30% Availability Select Project Experience: LIM Civil Engineering, Texas A&M University College Station, TX MS, Civil Engineering Construction Management, Texas A&M University, College Station, TX Registrations / Certifications CA, Civil Engineer No. C58784 QSD/QSP No. 00706 Affiliations American Society of Civil Engineers National Society of Prof. Engineers Areas of Expertise Water Resources Engineering Flood Control Engineering Hydraulics and Hydrology Erosion Control Base Line, Water Street, and Greenspot Storm Drain Improvements, City of Highland, CA — Managing Engineer during preparation of construction plans, specifications and cost estimates for storm drains ranging from 24-inch to 48-inch in size in East Highland in Base Line, Water Street, Club View and Greenspot. The work also included hydrology and hydraulic analysis, construction management and inspection of the project. San Jacinto Area Master Drainage Plan Line "E-2", City of San Jacinto, CA — Mr. Ahmadi served as Managing Engineer to prepare construction plans for MDP Lines E-2 and E-2A in the City of San Jacinto and Hemet. The project reach for MDP Line E-2 is over 7100 feet along State Street between Menlo Avenue and MDP Line E and over 250 feet for MDP Line E-2A along Esplanade Avenue. The size of the storm drain facilities are from 36-inch to 72-inch diameter. The scope of work included hydrology analysis to determine the 10-and 100-year storm runoff within the MDP facilities watershed. using CivilDesign software. The Hydraulic calculations for the proposed MDP facilities was performed utilizing Water Surface Profile Gradient (WSPG) program, latest version by CivilDesign. San Jacinto Area Master Drainage Plan Line "H". City of San Jacinto, CA — Managing Engineer to prepare a feasibility study to evaluate alternative alignments for MDP Line H, H-2 and H-3 per the current City of San Jacinto MDP. The scope of work also included preparation of construction plans for the most cost-effective alignment of the above facilities. The project included evaluation of the existing drainage facilities at the intersection of Ramona Expressway and State Street; to mitigate drainage deficiencies as required. Montgomery Channel Repairs, City of Banning. CA — Mr. Ahmadi served as Project Manager for preparation of plans for reconstruction of Montgomery Channel at Wilson Street for the Riverside County Flood Control and Water Conservation District (RCFC & WCD). The work included modification to the main channel, the existing junction structure, hydraulic analysis, construction details, cost estimates and specifications. The plans were prepared per the RCFC & WCD guidelines and the drafting standard. Statement of Qualifications for On -Call Civil Engineering Services IRSC City of Palm Springs SOQ 14-19 Page 5 Steve Latino, PE, TE ( Sr. Principal E Mr. Latino's 16 year professional career has focused on providing services as a local municipal employee. This includes work in the areas of: Traffic and Transportation, Capital Improvement Projects (both design and construction management), and Land Development. Before joining ERSC in 2017, he most recently served as the Engineering Director/ City Engineer for the City of Hemet where he oversaw a department of 8 staff members. Due to his extensive time served in the Public Sector, Mr. Latino is very knowledgeable of local regulations as well as working with various agencies including Western Riverside Council of Governments (WRCOG), Riverside County Transportation Commission (RCTC), San Bernardino County Transportation Authority (SBCTA), and Caltrans. He is well versed in project delivery and the challenges projects face due to local, regional and statewide regulatory requirements. Mr. Latino will be responsible for all Traffic and Transportation Engineering for the City of Palm Springs under this contract. 40% Availability Select Project Experience: BS, Civil Engineering, Purdue University, West Lafayette, IN MBA, Business Administration University of Redlands, Redlands, CA Registrations / Certifications CA, Civil Engineer No. C73430 CA, Traffic Engineer No. 2902 Affiliations American Public Works Association Institute of Transportation Engineers Areas of Expertise Quality Assurance/Quality Control Municipal Fiber Optic Design Services Traffic and Transportation Municipal Engineering 40th Street Widening Project, City of San Bernardino, San Bernardino, CA — Project Engineer during the design of the 40th Street Widening Project in San Bernardino. 40th Street is to be widened to allow 4 travel lanes, new sidewalk, and drainage improvements. The project stretches from Victoria Ave to Kendall Drive. The project requires ROW take from existing residences and businesses in the project vicinity to provide adequate length. Also included is traffic signal modifications at Electric Ave. and drainage modifications. State Street Gap Closure Project, City of San Bernardino, San Bernardino, CA— Project Manager for roadway design and environmental clearance for the Street; a vital transportation corridor. The final four lane roadway will improve traffic circulation from Baseline Street to SR210 Freeway. State Street will be a four -lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210. The design also includes a new roadway in the portion of the project where no transportation infrastructure exists, rehabilitating existing portions to updated standard, and connecting to existing portions to the north and south. ROW acquisition is required to complete the project. Riverside Drive Street Widening, Signal Modifications, Signing and Striping, City of Lake Elsinore, Lake Elsinore, CA — Project Manager in the development of program documents and planning and design activities related to the reconstruction of an existing campground located along Riverside Drive on the westerly end of Lake Elsinore. Steven coordinated completion of all CalTrans requirements to facilitate completion of the project. Grove Avenue at Fifth Street Traffic Signal, Ontario, CA — Project Manager during the design, bid and construction of a new traffic signal at the intersection of Grove Avenue and Fifth Street. The project features two closely spaced T intersections, which required the installation of a raised median at one of the intersections to limit traffic to right -turn ingress/egress. nu Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs Soo 14-19 Page 6 Erik Howard, PE, PLS I Sr. Principal Erik Howard has 26 years of complex project surveying, eng...__....' and management experience in water, wastewater, and civil engineering including below ground waterlines, welded steel reservoirs, well and booster pumping plants, groundwater recharge facilities, and street improvements including records searches, surveying, utility verification, design, review, preparation of contract documents (construction drawings and specifications), and construction observation (inspection). His civil engineering portfolio includes site design and access roadway design for various water, wastewater, and civil projects including site selection and evaluation, hydrology studies, determination of grading requirements, piping layout, utility relocation, and cost estimates. His professional surveying portfolio includes preparation of records -of -survey, legal descriptions, conveyance documents, topographic surveying, construction staking, boundary surveying, and monumentation. He has also performed contract administration and construction management for various projects, as well as provided expert witness services, legal testimony, and assisted in forensic studies on an as -needed basis. BS, Civil Engineering, California State Polytechnic Univ., Pomona, CA Registrations / Certifications CA, Civil Engineer No. C53318 CA, Professional Land Surveyor No. 7648 Affiliations California Land Surveyors Association American Water Works Association American Society of Civil Engineers Mr. Howard will be responsible for all Water Resource Engineering for the City of Palm Springs under this contract. 40% Availability Select Project Experience: Areas of Expertise Water/Wastewater Engineering Project Management Forensic Evaluations Survey/Geomatics Quality Control 2019 CIP Water Pipeline Replacement Project, City of Redlands, Redlands, CA —Active Managing Engineer during the design and construction of approximately 52,000 linear feet (LF) of 8-inch potable water main and 3,000 LF of 12-inch potable water main in various parts of MUED's services area, encompassing 45 different streets and possibly five (5) different Pressure Zones. Said Pressure zones range in elevation from the 1570 Pressure zone (lower lying areas in the North) up to the 2340 Pressure zone (upper Redlands Heights area to the South). In total, Project is anticipated to include 55,000 LF of pipe; about 10.4 miles. Quail Valley Sewer Conversion Project, Eastern Municipal Water District, Quail Valley, CA— Project Manager, engineer and surveyor for an ongoing alternatives study, preliminary and final designs to convert the community from septic to gravity sewer. For the alternatives study, coordinated preliminary mapping effort and developed concept of breaking the total area (containing over 3,500 parcels) into nine manageable subareas with reasonably common development characteristics. Developed potential easement alignments and associated costs to maximize gravity sewer options and provided technical oversight of deep versus shallow constructability matters. For the Subarea 9 Preliminary and Final Designs, managed all detailed mapping efforts, provided technical review of alignment options, and developed final construction documents. Huston Creek Wastewater Treatment Plant Upgrades, Crestline; CA — Survey task leader and preliminary design for plant upgrades to increase treatment capacity and bring the plant into compliance with California Title 22 recycled water standards. Project participation included coordination of all surveying, photogrammetry and base mapping tasks and review and assessment of existing facility infrastructure to be removed, modified and/or rehabilitated. IRSC Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 7 Richard C. Maher, PLS I President / Program RICHARD C. MAHER, PLS PROFESSIONAL LICENSES California Professional Land Surveyor: PLS 7564 YA rmaher@KDMMeridan.com OFFICE LOCATION 22541 Aspan Street, Suite C Lake Forest, CA 92630 I 949-768-0731 www,KDMMeridian.com KDM MERIDIAN r R MAMIM Inbu Mr. Richard C. Maher, a Professional Land Surveyor (PLS) registered in the State of California, and president of the firm, has extensive experience with public works surveying. Rich Maher began his career in the land surveying and civil engineering industries in 1990. As a founding owner of KDM Meridian, he provides the driving force behind the excellence of service expected of his entire staff. He will ensure each project's requirements are met, oversee the application of proper quality control and assurance procedures, and commit corporate resources to meet every projects objectives and schedule. Mr. Maher has worked extensively in all facets of land surveying with over one hundred different local, county, and state agencies and utilities districts. He has provided right-of-way engineering, annexations, heavy and light construction staking, design topographic surveys, aerial control networks, legal descriptions, boundary surveys, records of survey, and parcel and tract map preparation and checking. He maintains his knowledge of state-of-the-art technology, hardware, and software used industry -wide. In doing so, Mr. Maher continues to be successful in providing services tailored to each client, acting as their staff, understanding their needs, anticipating issues, providing solutions and insuring a quality product is delivered on time and within budget. Time with KDM Meridian & Professional Experience • President/Owner: KDM Meridian Lake Forest, CA 2000-Present • Survey Manager: Norris-Repke, Inc. Santa Ana, CA 1990-2000 Educational Background • California State University, Fullerton: Civil Engineering 1990-1992 • University of California, Riverside Extension: GPS Technology 2010-2012 • CLSA Seminars/Conferences, Continuing Education: Various 1996-Present Role in Project & Requirement Experience Mr. Maher will fill the role of overall management for this contract and will be available as required Mr. Maher has always been involved in all aspects of the business conducted by KDM. He is the driving force behind the high level of excellence all KDM's clients enjoy. Oversees and reviews all work completed under KDM's past and current on -call contract with the City of Fullerton Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOO 14-19 Page 8 John Cutler I Senior Project Manager Education: ■ Bachelor of Science in Business/Real Estate, Sacramento State University ■ Post graduate study — UCLA Extension and other local colleges License: ■ Real Estate Broker, California, No. 00372712 Years of Initial Year in Industry: 1968 Experience: Initial Year with OPC: 1982 Overview An expert in right of way program management, project management, and project implementation functions, Mr. Cutler has served public and private agencies since 1968. His experience includes large and small scale right of way projects in all aspects of right of way. These services have been provided to an exclusive list of over 275 agencies, including transportation agencies, public works departments, counties, cities, redevelopment agencies, school districts, and numerous other public and private entities. All services have been provided both as a Consultant and a former employee with the California Department of Transportation Mr. Cutler has managed numerous OPC street improvement, bridge, housing, and infrastructure projects in the Coachella Valley for the past 10 years. These projects include providing services to nearly every municipal and quasi -municipal entity in the valley. Project Examples City of Cathedral City Cathedral Canyon/Whitewater Bridge Project. Provided project management for this project that involves the appraisal and acquisition of permanent and temporary easements from approximately ten parcels of property from both individual and BIA controlled properties. The project also involved title analysis, right of entry, an initial right of way cost analysis, and right of way analysis of the project planning activities. City of Palm Springs. Provided the project management, title, appraisal, appraisal review, acquisition and other right of way services for various projects including the Vista Chino Bridge Project and the South Palm Canyon Drive Project. Along with the PANED portion of the Ramon Road Bridge Project. City of Indio Avenue 44 Bridge Project. Provided project management for the initial cost estimate for preliminary design and ordering of title reports. As a result of the proposed new bridge structure and necessary roadway improvements, a number of properties will require property acquisition of various interests that may include fee simple and permanent slope and/or temporary easements. Jefferson Street and Varner Road Improvement Project. Provided project management for the appraisal, acquisition, and escrow coordination services for this project that involves the improvement of the Jefferson Street and Varner Road intersection along with the intersection improvements near the entrance to Sun City. The project required the acquisition of street easements, along with a slope easement, for the subject improvements from three large properties in various stages of development. Madison Street Improvement Project. Provided the title, appraisal, acquisition, escrow coordination and management of this important street improvement project. This project included acquiring right of way from major owners and entailed extensive cost to cure and project timing issues. City of Coachella Avenue 52/Grapefruit Road Grade Separation Project. Provided project management and implementation for this project which included the relinquishment of access to a major thoroughfare for numerous business properties. Dillon Road Grade Separation and Dillon Road Widening Project. Project Manager who was responsible for appraisal, acquisition, and escrow coordination services for this project that involved 3 partial take parcels at the intersection of Jefferson Street and Varner Road for the City of Indio. T, n Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 9 Terra Nova I CEQA Nicole S. Criste, Principal: Ms. Criste joined Terra Nova in 1985 and since that time she has been involved in hundreds of projects throughout southern California, including the TERRA NOVA, preparation of CEQA and NEPA analyses for a variety of projects. She will serve as the Project Manager for City Public PLMNING& R SEARCH, NC Works projects. She has overseen all of the CEQA documents prepared for Palm Springs under our current on -call contract between 2014 and 2019. Among her public sector clients, Ms. Criste has provided land use and environmental planning services to a number of cities, including Palm Springs, La Quinta, Palm Desert, Cathedral City, Indio, Coachella and Rancho Mirage. She has extensive experience in the preparation of CEQA documents, including the Palm Springs Downtown Specific Plan EIR and Addenda in Palm Springs, the Dune Palms & Highway 111 Specific Plan EIR in La Quinta, and the North Apple Valley Industrial Specific Plan EIR. Her quantitative analytical experience includes air quality and GHG analysis, water supply/demand modeling, and other statistical and quantitative analysis. She has developed air quality and GHG analysis for Caltrans CEQA and NEPA review and processing for the Ramon Road Improvement project, the Cathedral Canyon/Whitewater River Bridge project, and the Highway 111/Frank Sinatra improvement project in Rancho Mirage. Ms. Criste was the principal -in -Charge of the Riverside County Scott Road Improvement Project and the Van Buren Widening Project. She is the author of the award -winning Apple Valley Climate Action Plan and managed the CVAG Green for Life Program. She was also assistant manager for the CV Link multi - modal transportation project. Ms. Criste has also taught CEQA classes for City staffs, and prior to the demise of redevelopment agencies, for the California Redevelopment Association's certification program for redevelopment professionals. Ms. Criste also works with a number of attorneys as a CEQA expert, providing technical analysis in support of court actions in southern California, Santa Clara County and Sacramento. Ms Criste is a graduate of Scripps College with a Bachelor of Arts degree in European Studies. John D. Criste, AICP, Principal: Mr. Criste began his planning career in 1975 in the Pennsylvania Governor's Office, and served two years as Associate Planner in the Indio Office of the Riverside County Planning Department before starting Terra Nova in 1984. Mr. Criste has more than 40 years experience in land use, transportation, urban and regional planning, and environmental assessment and impact analysis. His experience covers all aspects of CEQA and NEPA, and he has been a CEQA instructor for the Association of Environmental Professionals and the American Planning Association. He also has more than 30-years experience in regulatory permitting, including CWA404/401, and CDFG 1600 permits. Transportation project experience includes the SCAG/Rancho Cucamonga Foothill Boulevard BRT Corridor Study, and environmental and permitting for such projects as the Cathedral Canyon Bridge project, the Ramon Road Bridge Widening Project, the City of Anaheim Katella Boulevard Corridor Environmental Assessments, the Sinatra Drive/Highway 111 Intersection Improvement Project, the Vista Chino Bridge project, and the CV Link multi -modal transportation project. Mr. Criste holds a Bachelor of Arts degree in Architectural History from Pennsylvania State University. He has been certified by the American Institute of Certified Planners (AICP, #6672). He is also a member of the American Planning Association (APA), the Association of Environmental Professionals (AEP), the Institute of Transportation Engineers and is an Associate Member of the Urban Land Institute. Mr. Criste will be the primary point of contact and will serve as Project Manager and principal environmental and regulatory permit manager. Statement of oualifications for On -Call Civil Engineering Services Msc City of Palm Springs SOO 14-19 Page 10 Section B: Understanding Civil Engine+ Section BA Project Understanding ERSC understands that the City of Palm Springs intends to retain a professional team to provide support to the City. Planning, environmental clearance, survey, engineering design, and construction phase services will be regularly performed for various capital projects deemed to be in the interest of the City. ERSC understands that projects related to the City's transportation infrastructure, sewer system, and storm drain system may be carried out during the term of the contract. In the City of Palm Springs, planning, construction, operation, and maintenance of the above - mentioned facilities are functions of the Public Works Department. In reviewing the City's Capital Improvement Program through 2023, noted projects that may be administered during the contract period could include traffic signal installations, Murrieta Creek Improvements, Citywide Sidewalk Improvements, various circulation related improvements, and numerous institutional facility upgrades. In the following pages, the ERSC team has summarized certain items that are unique to the City and tasks typical to the types of projects that may be carried out during the term of a contract. Features Unique to Palm Springs Being a local firm, ERSC is invested in the local community and understands features unique and important to the City of Palm Springs, its residents, and its stakeholders. Based on ERSC's experience, the below are the outside influences that have the highest potential to impact for any project in the City of Palm Springs: Transportation Corridors The City is positioned in the center of one of the region's largest east -west transportation corridors. The Caltrans controlled 1-10 and SR-111 both traverse the City. Each of these transportation corridors poses their own set of challenges to capital projects within the City. While the highways themselves pose challenges, their associated rights - of -way (ROW), access ramps, and bridges include additional challenges to a project. When working within the requirements of a permitting agency, early coordi timely fashion. The CalTrans process and approach to projects includes steps that can impact scope, schedule, and budget. We have ensured to assemble our team based on experience navigating these challenges and additional requirements of CalTrans. ERSC is currently participating in multiple projects requiring CalTrans coordination; Murrieta Creek Bridge at Overland Drive in Temecula being one of these projects. Agua Caliente Band of Cahuilla Indians (ACBCI) Trust lands are dispersed throughout the City of Palm Springs in a checkerboard fashion and are subject to certain requirements different than non - tribal lands. Certain requirements for the projects on tribal lands impact the dedication of easements, rights -of -way, and environmental clearance. Many projects near or bordering tribal lands may be subject to additional requirements. Environmental clearance that is required for projects that affect tribal lands may be subject to completion of the NEPA process. Depending on potential impacts, NEPA may require varying degrees of analysis through the environmental clearance process. This also includes coordination with additional agencies including the Bureau of Indian Affairs and ACBCI Planning Departments. In addition, the Tribe maintains a certain level of control over the work on nontribal lands. For projects where earthmoving activities are anticipated, the clearance from the Tribal Historic Preservation Officer or the Tribal Archeologist prior to issuing a grading permit and, in some cases, this clearance requires the presence of a Tribal Monitor. Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) The Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) is administered by the Coachella Valley Association of Governments and was developed to aid in the protection endangered species and their habitat while allowing for continued development activity. Along with other Cities in the Valley, the City of Palm Springs must consider the requirements of the CVMSHCP when evaluating proposed projects. ERSC's recent and past experiences in the City, have seen the greatest impacts of the CVMSHCP in the southern and northern parts of the City. Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 11 Section B: Understanding Civil Engineering De outlined in a FEMA I In the southern portions of the City, there are significant amounts of critical habitat set aside for Casey's June beetle along the Palm Canyon Wash and vacant parcels of land along the south side of E. Palm Canyon Drive generally east of Linden Way. The presence of Casey's June beetle will have impacts on projects such as studying and trapping as well as the development of additional habitat in consultation with the U.S. Army Corp of Engineers. In the northern portions of the City, primarily north of the Whitewater River, there are certain washes and watercourses that cannot be altered in an effort to protect Fringed Toed lizard habitat. The protections limit a project that may alter the washes and watercourses to perpetuate blow sand and the formation of the sand dunes that are habitat for the species. Section 14 Specific Plan The Section 14 Specific Plan provides development guidelines for portions of the eastern downtown area bounded by Ramon Road, Indian Canyon Drive, Alejo Road and Sunrise Way. In general, the intent of this plan is the celebration of the tribal heritage of the Agua Caliente Band of Cahuilla Indians. All or portions of Specific Plan Chapters 5, 6 and 7 contain information related street classifications and typical sections, parking standards, and site design requirements that may impact the potential CIP projects within the specific plan boundary. This will require consideration for projects in the specific plan area. Federal Emergency Management Agency (FEMA) FEMA governs the National Flood Insurance Program and the associated Flood Insurance Studies and the development and modification of Flood Insurance Rate Maps (FIRM). Significant portions of the City are subject to flooding designated as unnumbered "A" zones, numbered "A" zones; zones of shallow flooding; and, areas subject to flooding during 500- year events. In the hillside area at the base of the San Jacinto Mountains there are areas within unnumbered "A" zones. In these areas, it is important to develop base flood elevations that are defensible. For applicable projects in these areas, we will employee methods Floodplain Development in Approximate Zone A Areas, A Guide for Obtaining Base (100-Year) Flood Elevations to make the base flood determination. Riverside County Flood Control and Water Conservation District (RCFCWCD) The Riverside County Flood Control and Water Conservation District oversees the design and development and storm drain master plans and regional flood control facilities in areas of the Coachella Valley including the Cities of Desert Hot Springs, Cathedral City, Palm Springs, Rancho Mirage and the portions of the County surrounding these Cities. Currently, ERSC is a design consultant for the RCFCWCD and we have recently completed designs for projects in the City of Banning, Moreno Valley and also for Palm Springs. Tourism Palm Springs has long been a world renown destination for entertainment and tourism. Known for its year-round warm climate, the City has attracted numerous attractions that harness the region's 360 days of sunshine a year. Numerous hotels, restaurants, golf courses, and similar amenities bring people from around the world to the City. The City and region are also home to event such as the Palm Springs International Film Festival, Modernism Week, and Coachella and Stagecoach Music Festivals. Water and Wastewater The City of Palm Springs is largely served by Desert Water Agency (DWA) with portions served by Coachella Valley Water District (CVWD), and Mission Springs Water District (MSWD). Sewer collection and treatment in the City is contracted to Velolia Water North America. ERSC has worked with each of these organizations in different capacities and understands their relationship to the City. Methodology ERSC has compiled and summarized general scope of work items applicable to all projects and scope of work items by project type for each discipline out lined in the RFP. While these tasks are included as a part of many projects, they are intended to be general in nature. Each project has its own unique features that will dictate a specific scope. Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 12 Section B: Understanding Civil Engineering DE TTerra Nova, will prc Tasks typically associated with all project disciplines: The following are sample tasks that are universally applicable to most project disciplines identified in the RFP. Some specific projects may require additional tasks to adequately complete a project. Task 1 — Project Management 1.1 - Project Kick -Off and Monthly Status Meetings ERSC will work with the City to schedule a project kickoff meeting (pre -design meeting) as well as planned monthly status meetings. 1.2 - Monthly Progress Reports On a monthly basis, ERSC will issue invoices and progress reports to the City detailing major items of work during the billing period as well as remaining contact amounts for each task. This report will include all necessary back up, and will serve to establish internal accounting methods and procedures acceptable to the City for documenting and monitoring contract costs. 1.3 - Project Work Plan ERSC will develop a detailed Work Plan for the project, which will house a detailed work program and project schedule. The Work Plan will include details of methodology, sequence of tasks, lists of deliverables, milestone submittal schedule and a summary of organization responsibilities and contacts, reporting and invoicing procedures. 1.4 — QA/QC Prior to any submittal, ERSC's team will review documents against our QA/QC program. This review will be applied to each submittal as well as any supporting documents or studies. A graphic representing this process is available in section B.2. Task 2 - Environmental Clearance — CEQA/NEPA (As Applicable) ERSC's team has previously navigated the environmental clearance process in similar circumstances and has considered many proposed projects with regard to the law. ERSC's team member navigating the environmental clearance process. If clearance in the form of IS, ND, IS/MND or EIR (CEQA) or EA/EIS (NEPA) is required, Terra Nova team will provide the documentation and analysis. Often, ERSC's team finds that projects may be subject to various exemptions afforded by CEQA: CE Section 15301 — Existing Facilities; CE Section 15302 — Replacement or Reconstruction; CE Section 15303 — New Construction or Conversion of Small Structures; Public Resources Code section 21080.21- Construction of pipelines within public right-of-way less than one mile in length. Task 2.1— Environmental Kick-off, Design Review and Project Description The Project Description serves as the basis for all of the environmental documentation and any permitting. ERSC's team will work with the City to prepare a thorough Project Description that will cover all aspects of the project design, construction and operations while minimizing potential impacts. ERSCs team will attend a kick-off meeting with the Project Team to finalize the Project Description and document the environmental conditions. Task 2.2 — Public Engagement (As Applicable) Due to the number of residences/businesses located adjacent to a potential project, ERSCs team may recommend an informational "Open House" be held at a community center near the project to give the affected stakeholders a chance to learn about the project. Task 2.3 — Technical Studies (As Applicable) ERSCs team will coordinate special studies to support the analysis for the document as necessary. Different projects will require different types of special studies. ERSC's team regularly processes studies related to Air Quality/Greenhouse Gas, Cultural Resources, Biological Resources and Jurisdictional Resources, Traffic Analysis, Cultural Resources, and Noise. Task 2.4 — Prepare Draft Environmental Document ERSCs team will prepare a draft document for the Project with mitigation and supporting documentation as required. We will address all potential Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 13 Section B: Understanding Civil Engineering Design Methodology environmental issues presented in the document as they relate to the proposed project, applicable City standards, and/or the standards of state or federal entities. City staff will review and comment on the draft document, and comments will be incorporated into a second version of the draft. A "final" document for public review will be prepared incorporating all comments received. Task 2.5 — Notices and Circulation for Public Review Once the Administrative Draft has been reviewed and approved by the City, ERSCs team will prepare all the necessary forms for circulating the document to the public and resource agencies. ERSCs team will prepare the document for public review within five days of City authorization for public review. Task 2.6 — Final Environmental Documents ERSCs team will review any public comments received and discuss any substantive changes that should be made to the project or the IS as a result. We will make any revisions to the document as determined necessary and prepare a Mitigation Monitoring and Reporting Program (MMRP). Task 3 — Preliminary Engineering 3.1 - Design Survey/Mapping Control and Topographic Survey - ERSC's team and mapping partner, KDM Meridian will research available record information pertaining to the projects (i.e. Tract Maps, Record of Survey, Parcel Maps, etc.). Centerline information from these maps will be used for the basis of the survey. The ERSC team will perform a control and aerial target survey for each project. ERSC's team will utilize existing record maps to field verify and establish centerline control along the existing streets encompassing the proposed projects. The vertical datum will be based on a bench mark nearest the site. The horizontal datum will be provided in the City's preferred format, but is recommended to be based on California State Plane Coordinates NAD83 Zone 6 to allow for utilization in the City's Geographic Information System (GIS). The survey will also tie in centerline monuments of record recovered during the field survey. ERSC's team will also conduct a supplemental field topographic survey to locate visible utilities within the project boundaries. To assist with surface modeling profiles and sections, the 3d spots and break lines created from the aerial imagery will also be included in the aerial base map. Centerlines, street rights -of -way and property sidelines will be drafted on the base map. Pothole Surrey — ERSC's team will survey the locations of utility pothole markers placed by the pothole contractor. The survey will provide x, y and z coordinates of the surveyed pothole marks. 3.2 - Utility Coordination ERSC's team will compile record data from utility agencies. The work will also include preliminary notification letters to all Utility companies, which will be sent electronically. Additionally, ERSC's team will determine Utility requirements for each project and document them in a memo. If required, relocations efforts will be initiated during this task. This work will ultimately include the following: • Issue Relocation Claim Letters to conflicting owners. • Coordinate and plan with the utility owners and their designers as needed to discuss project design, potential conflicts, relocation alternatives, and resolution to conflicts. • Determine liability/prior rights for all conflicting owners. • Obtain detailed scope of work from the utility owner for relocation, estimated start and completion dates. • Issue Notice to Owner to relocate utility. 3.3 — Topographic Survey/Mapping Control and Topographic Survey - ERSC's team and mapping partner, KDM Meridian will provide service related to this portion of the scope. All record maps and records from other agencies are collected and reviewed. A Preliminary Title Report and all back-up documents are obtained and thoroughly reviewed. A digital search map is prepared to facilitate an efficient search in the field for existing monumentation. Using a combination of GPS and conventional methods, monumentation is searched for and located. Control points are established near property corners where monuments are not found ERSC Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 14 Section B: Understanding Civil Engine to enable setting new monuments at a later time. All may include the necessary tests to determine soil field work is thoroughly reviewed on a daily basis conditions, and include recommendations for bedding, and undergoes a rigorous least squares adjustment. trench shoring requirements, replacement sections, Every boundary survey is analyzed by a licensed land pavement recommendations, and other items as surveyor who then reviews his findings with a second projects dictate. licensed land surveyor. KDM's field work always begins by using GPS and digital levels to establish a control network throughout the work area. This includes horizontally tying into found centerline monuments and major boundary corners. The elevations of control points are determined by running level loops, with high accuracy digital levels, between agency benchmarks We then use this control network as the basis of the topographic survey and/or cross -sections. All fieldwork is reviewed daily to insure there are no problems with the digital data and nothing has been missed. The field data then undergoes a rigorous least squares adjustment. KDM has developed very effective field to finish routines. KDM's procedures and description codes enable us create design documents that require minimal clean-up by KDM's survey technicians to produce a clear and thorough set of drawings. KDM is also making excellent use of the latest technology, LiDAR scanning, in the creation of topographic maps. This system is capable of creating point clouds made up of billions of points with survey grade accuracy. We produce a typical topographic drawing by extracting the required data from the point cloud. An added benefit of using LiDAR is in high traffic situations where field crew safety is an issue, we are able to collect the required data without entering the travel way. When clients are capable of working with registered point clouds, we can provide the raw point cloud in various industry standard formats. 3.4 - Geotechnical Investigation (As Applicable) It is anticipated that the City will provide either a geotechnical report or a prequalified geotechnical consultant to work on a potential project. Information from the City -provided consultant will be used to form ERSC's design. To support the City's prequalified consultant, ERSC's team will submit a proposed geotechnical exploration plan including locations and the type of tests/borings required. Analysis 3.5 — Permitting (As Applicable) Permits would be required for any impacts that cannot be avoided to any endangered species (e.g. Fish and Wildlife Code Section 1600), or impacts to jurisdictional waters (Clean Water Act Sections 401 and 404). This task would be initiated at the City's direction following initial consultation with the ACOE, RWQCB, CDFW, and possibly LISFWS. Agency permit applications packages would be initiated following completion of a BRA and JD, and a determination that permits are required. Although the agencies will begin the application process early -on, a final review of application packages for a Section 1602 Agreement and a Clean Water Act Section 401 certification and issuance of permits will be subject to adoption of a Terra Nova document by the Lead Agency. ERSC's team would also prepare a Habitat Mitigation and Monitoring Plan (HMMP) if required to incorporate all mitigation measures imposed for impacts to biological resources. The HMMP would also describe the funding for mitigation in perpetuity if needed. 3.4 — Right -of -Way Engineering (As Applicable) ERSC's team will work identify any portions of a project that may not be in an easement or City owned property (including street right-of-way). This will include processing of easements and the associated legal descriptions and plat maps. The acquisition of right-of-way or easements is the responsibility of ERSC's team member OPC. Each legal description starts with a review of a current title report to ascertain vesting documents, ownerships, and third - party interests. All legal descriptions prepared by OPC include a plat clearly depicting the described parcel(s) for ready interpretation by laypeople. The City's current standards for legal descriptions and plats will be used to maintain consistency of property records. 3.6 — Special Engineering Studies/Reports (As Applicable) ERSC regularly prepares documents to support deign or required by agencies for approval. Hydrology/ Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 15 Section B: Understanding Civil Engineering De Drainage calculations and studies, WQMPs, _ potable conveyancE_, __....___._.. __ _.- __ SWPPPs, and other similar documents for preparation facilities, and the least disruption to the traveling will be initiated during this task. public. 3.7 — Preliminary Plans (As Applicable) Utilizing the information gathered in previous tasks, ERSC's team will prepare preliminary plans. These preliminary plans will include rudimentary information to present the overall concept for review with the City prior to detailed design phases. Following concept approval by the City, ERSC will complete the and submit with the preliminary grading, drainage, hydrology, preliminary WQMP, conceptual landscape plan, and geotechnical report. These items will all be reviewed and approved for advancement to the next phase. Task 4 - Final Engineering 4.1 - 30% Plans 30% plans are typically a preliminary set to begin final design of a project. Utilizing the data acquired during the previous tasks, ERSC's team will prepare preliminary plans (base sheets) for the project. With this information, ERSC will provide alignment level detail based on the approved concepts from the previous tasks. The 30% plans will also include the locations of existing utilities and features on the immediate vicinity of the project site. The plans will include all sheets necessary for construction. Typical sheets include title, details, general notes, plan/ profile, demolition, and erosion control sheets as applicable. Landscaping plans (as applicable) will be advanced based on concept approval. Irrigation plans/components, hydraulic constraints, material, and spacing. Following completion of the plans and in-house QA/ QC, ERSC will make a 30% submittal to the City for review and comment. 4.2 - 60% Plans & Specifications Using the information created in 30% design and the resulting City comments, plans will be advanced to the 60% level. The work in this phase will include identification of all stationing, existing utility locations and will include final alignments for each project. Final layout/alignments will consider location of the existing City owned facilities, existing utilities, regulatory separation requirements between potable and non - The work will include an advancement of the layouts including but not limited to; horizontal alignments as well as vertical profiling, geometrics, striping, details, and other similar items. The 60% design phase, specifications and bid quantities will be put together based on City preference; however, Greenbook is the recommended format. Landscape plans will be advanced to the 60% level. This will include pit requirements, notes, dimensions, details and specifications. WQMPs, SWPPPs, and other supporting documents will be re -submitted during this phase. Following QA/ QC in-house, the 60% project documents will be submitted to the City. 4.3 - 90% Plans, Specifications, and Estimates (PS&E) Upon receipt of the 60% Plan review comments, the Project team will advance the plans to the next step or 90% completion. Construction notes will be added to the items of construction on the plan. All specifications and bid quantities will be updated to the 90% completion. 4A - Final PS&E Upon receipt of the 90% Plan review, the Project team will advance the plans to the final step or 100% completion. The work will finalize the design as well as the supporting documents, specification, and bid quantities. This submittal will include comments, reviews, coordination efforts, and updated information from the updated PS&E Package (100% Submittal). Task 5 — Construction Phase Services 5.1 - Bid Support Our Project Manager and key personnel will work closely with City staff to respond to all bid inquiries and questions relating to the plans and specifications during the bid period. Should addenda be required, our team will assist the City with their preparation. All written request to Contractor inquiries will be provided. Along with this support, we will also be available to attend the pre -bid meeting and the bid Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 16 Section B: Understanding Civil Engine opening. If requested, our staff will conduct a review • of the bids and supporting documentation to confirm Preparation the lowest responsive and responsible bidder. Striping, ADA Ramp, Sidewalk, Traffic Signal Infrastructure Plans/Details 5.2 - Construction Staking ERSC's survey partner, KDM, will pre -calculate staking items, based upon the approved schedule of work submitted by the contractor, this work involves verifying distances and grades, in essence a QA/ QC of the plans. This quickly identifies any problems or concerns associated with construction/design plans prior to staking. We then submit requests for information/clarification as needed, in order to prevent work delays. KDM will typically respond to written staking requests within one business day. Additionally, KDM's field crews always "collect" the location of all off -set stakes that they set. This enables us to reestablish the placement of the off -set stakes in the event of a dispute. KDM has also performed peer reviews on construction projects. This entails a review of plans and completed cut -sheets, or a field check to verify line and grade staking. For construction staking projects, we keep a binder and digital files with submitted staking requests in chronological order, along with notes detailing the disposition of these requests. Both client and contractor will be provided with electronic files and hard copies of cut sheets (and field notes, when necessary) on approved agency forms. For all of KDM's field work, and especially on KDM's construction contracts, KDM's field staff uses high visibility and current safety equipment and signs for the protection of KDM's staff and the public. We also conduct regular tailgate/safety meetings outlining project specific safety awareness and concerns. KDM KDM can provide as -built surveys for any type of improvements. The data can be provided digitally and added to CAD improvement plans or added to PDF files (Bluebeam). Datums will be based on control used during construction. Sample Pavement/Roadway Design Project Specific Tasks Certain additional tasks will be required during pavement rehabilitation and roadway design projects. • Encroachment Permit Preparation/ Processing • Bike Lane Improvements • Traffic Signal Interconnect • ROW acquisition/clearance Sample Sewer Design Specific Tasks • Pipe Material Selection • Sewer Size per Master Plan • Consideration of underground utilities • Proximity of wet utilities to Water Quality Control Board requirements • Connection to surrounding services/laterals • Sewer Depth • Manhole spacing Sample Storm Drain and Flood Control Design Specific Tasks • D-Load Calculations • Hydrology and Hydraulics per County/City Guidelines • Catch basin/inlet type and size selection • Dip any existing sewer and storm drain manholes within the project area to obtain invert elevations (As necessary) • Determination of facility size and type • Incorporation of Water Quality features Section B.2/B.3 Project Management ERSC is ready and able to adapt to and apply the City's preferred methods of project, budget, and schedule management. Summarized below is ERSC's typical approach to managing the many facets of a successful project. Involvement Part of any successful project at ERSC is remaining involved. Remaining familiar with projects, maintaining open communication with clients and team members, and participating in major design decisions are regular tasks of any project manager assigned to a project. With these basic principles in mind, ERSC is able to ensure a complete project is delivered keeping in mind the goals of the project, the impact to the Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 17 Section B: Understanding Civil Engines community, and the constructibility of the final design. gPrtl... . Budget The budget for any project is a function of the work plan and tasks within the plan. ERSC projects are loaded into out accounting and time tracking program, Deltek Ajera, broken down by each task. Each task is preloaded identically to the work plan and Fee Schedule with the time allotted per billing rate and the total project budget. Any employee working within the project is able to account for their hours billed to a project as well as remaining hours available for a task Accountability and ease of access to this information aims to eliminate overruns. ERSC has found that an extra set of eyes watching each facet of the project helps to eliminate potential budget problems. Schedule Schedule maintenance can be as simple as ensuring that adequate resources are dedicated to the project. At ERSC, project teams are developed on a project -by -project basis from a pool of engineers and technicians. Staff is maintained or enhanced for projects on an as -needed basis to ensure that project schedules are upheld. It is our goal to maintain continuity within a given project team at all times. ERSC schedules are always tied directly to our budget which lends all employees the incentive to remain at or ahead of any project schedule. Quality Control/Quality Assurance The following flow chart summarizes the ERSC QA/ QC process. Design Team completes draft design to projects scope QA/QC Engineer/Project Manager Review draft design QA/QC Engineer/Project Manager return comments on draft to design team Design Team completes final design to scope and comments QAIQC Engineer/Project Manager review final design and compare to previous comments Design is not I I Design is considered complete complete Submit to agency for review Methodology ERSC will reference the Section 29 Retention Basin Repair Project in the City of Palm Desert for this portion of the RFP. This project was carried out in the Coachella Valley's Desert Environment and we believe that ERSC demonstrated the following skills and abilities in the below areas: Responsiveness and attentiveness to Client needs The nature and timing of the project required a short schedule. With the basin damaged during the rainy season and acting as the outlet for the dead-end Mid Valley Channel, the basin needed repair as soon as possible to accept further possible run off during the remainder of the rainy season. To ensure the Project was continuing to the City of Palm Desert's requirements, frequent project meetings were held to review design concepts and garner input from the City staff. As a result of these meetings, it was determined that an additional alternative was desired to be analyzed although this was outside of the scope of ERSC's work. ERSC was able to accommodate this additional alternative without impact to the budget or schedule of the project. Creative Ability This project required multiple different creative approaches. As a part of the scope of work, ERSC was required to provide three different alternatives to the City for potential approaches to repairing the damage to the basin. In each alternative, different methods of conveying stormwater were considered. The development of each requiring critical thinking from ERSC considering cost, constructability, operation, and longevity. This project also required creativity in that ERSC was to work within and design repairs for a project that was previously designed by another firm. This required that ERSC review previous design and supporting studies from the previous firm and work with the previous design, but improve to eliminate the risk of future failure. Due to the site limitations and outlet configuration, ERSC was required to work within the limits of the basin as constructed. Knowledge and understanding of construction trends Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 18 Sections B: Understanding Civil Engineering This project would require the reconstruction of a failed slope and damaged sewer line within a confined area. During ERSC's analysis, a sequence of construction was considered for the project. The portion of sewer line that had failed would first be replaced. Following the replacement, the portion of failed slope and spillway would be back filled under supervision of a geotechnical engineer. This step would be imperative to ensure the slope is filled to avoid damage to both the adjacent Mid Valley Channel and the adjacent slope lining. The City also requested that ERSC provide and optimization and maintenance plan as the basin was notorious for insufficient percolation. ERSC was able to use soil infiltration data provided by the geotechnical engineer to offer a sediment management and scarification plan to enhance percolation. Analytical capability During this project, ERSC was required to perform a forensic analysis, analyze multiple existing reports and data sources, as well as analyze site conditions and provide new calculations, analysis, and recommendations. ERSC's forensic analysis of the basin to determine the reason for failure was first performed. It was determined that incomplete hydrology and drainage calculations were utilized during the design resulting in an insufficient slope lining design. This required review of all documents submitted by the original firm and performing additional reports and calculations in-house. In addition, ERSC performed multiple structural calculations and analysis to determine both slope lining design and verify the use of pipe material for the reconstruction of the sewer. Oral and written communication skills During the course of the project, ERSC was able to effectively communicate the necessary information to all involved parties as well as document potential issues prior to their significance. Throughout all project management and status meetings, ERSC staff prepared agendas, conducted the presentations, and followed up with detailed minutes. This practice helped avoid conflict through misunderstandings and Methodology kept all team members updated on the project. ERSC was also able to document and communicate the project's sewer line issues to the CVWD prior to the line's failure. When the basin initially failed, the sewer line adjacent was neither exposed or damaged. However, following additional rain events and erosion, the sewer line was exposed and pipe bedding beneath the pipe removed. This condition was documented by ERSC through both photographs and memorandum to the City and CVWD. Although multiple communications were delivered to CVWD no action was taken to avoid damage to the line. Eventually, this sewer line failed and released untreated sewage into the basin. With the documentation maintained by ERSC, the City was able to prove that CVWD had prior knowledge of the condition and cleanup was ultimately the responsibility of the CVWD. Interaction with client's organization Throughout this project, ERSC was responsible for maintaining contact with the client, contract staff, and outside agencies. During this project, the City would utilize multiple City staff members and contract project managers. Maintaining continuity of information between all City representatives involved was important to ERSC. Additionally, ERSC would be responsible for obtaining and administering a right -of -entry permit from the adjacent railroad prior to construction. This document required coordination from multiple departments in both the City and the railroad. ERSC's approach to communication allowed this to be completed without delay in the project. Sensitivity to funding constraints This project was funded from the City of Palm Desert General Fund. Without any local, regional, or other assistance, project accounting was a concern of all parties involved. ERSC agreed to progress bill the client, but avoid billing any project component to 100% until the City had accepted the work completed. B.5 Potential Project Issues Utility Conflicts As with any underground utility project, it is expected that conflicts will be encountered as the right-of-way is typically used by multiple utilities as a corridor. Early Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 19 Section B: Understanding Civil Engineering De coordination with potentially effected utilities is always performed in ERSC projects. Following the notice to proceed ERSC immediately sends utility requests as obtaining record data is often a factor in project delays. Street improvements, especially widening, have the potential to effect overhead utilities. Relocation of poles may be necessary to achieve desired street sections. Environmental Clearance While an important part of any project's analysis, the environmental clearance tasks of a project add significant cost and duration to the planning and design. When possible, ERSC and Terra Nova will apply a project to the Categorical or Statutory exemptions. There are exemptions that apply to underground utility projects within an established right-of-way and others that allow for maintenance projects to go forward without need for analysis. Record Data The availability or quality of record data is often a challenge that ERSC must overcome during the design of public works projects. Incorporation of record drawings allows for accurate depiction of field conditions and reduces the risk of construction change orders in the field. When record data is unavailable, incomplete, or unreliable, ERSC has in the past adjusted the information by field visits and reconnaissance. t_ Statement of Qualifications for On -Call Civil Engineering Services MalCity of Palm Springs SOQ 14-19 Page 20 Section Section C C: References and Similar Experience 1 References Coachella Valley and Palm Springs Experience: One of our main goals as a firm is client retention. And, over the past 23 years, we have had great success in achieving this goal. We have included project specific references in the Similar Experience section. Included for additional reference below are additional contacts for City use. We believe their testimonials will provide the City with clear understanding of our commitment to clients and their project. The references provided apply to ERSC as a whole. Client: City of Colton Mr. Victor Ortiz, City Engineer vortiz@coltonca.org The following pages summarize the most recent projects completed or currently in design by ERSC. However, ERSC has historically completed numerous projects in the Coachella Valley region and within the City of Palm Springs. Some of these local projects include the following: City of • • Vista Chino at Sunrise Way Widening Civic Drive Street Improvements Ramon Road Drainage Improvements at Baristo Palm Springs Skate Park Admin Building MDP Line 8 and 6A Client: Twentynine Palms Water City Project 05-20, Storm Drain Lines District Golf Cart Drive Culver Reconstruction Ray Kolisz, General Manager rkolisz@29palmswater.org of _ • . yam, Client: City of Indio Tom Rafferty, PE tafferty@indio.org Client: West Valley Water District Linda Jadeski Ijadeski@wvwd.org c Client: City of Beaumont Amer Jakher, PE ajakher@cityofchino.org (Mr. Jakher is currently with the City of Chino) ERSC provides specialized services to the public sector related to planning, design, and construction management of public works infrastructure. ERSC typically offers a myriad of services encompassing planning, design, survey, right-of-way engineering, construction management, inspection, constructibility review, and related City staff assistance for the construction of these diverse public works infrastructure and facilities. The following presents an overview of services and professional capabilities of ERSC in these specialized engineering disciplines that are specifically responsive to the requirements of the City of Palm Springs. East Cathedral Creek Channel San Joaquin Drive Sidewalk On -Call Engineering Support Services of • Mirage On -Call Plan Check Bob Hope Drive & Country Club Improvements Cholla Lane Widening City of Washington Street at Fred Waring Left Turn Lanes On -Call Engineering Plan Check Services Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 21 0 Section C: References and Similar Experience City of, •• Highway 111 Median Landscape Inspection Highway 111 Bridge Widening SWPPP of Water Resources' Santa Ana Valley Pipeline, a 9' diameter portion of the State Water Project. Significant coordination with the agency is required to complete a DWR encroachment permit. Shields Road South Construction Inspection If the City would like detailed summaries for any of these local projects, we would be happy to provide this additional information. Section C.2 Experience with Projects of Similar Size and Scope _JpnMinn State Street Gap Closure Project, ICnau City of San Bernardino, San Bernardino, CA State Street in the City of San Bernardino is a vital transportation corridor. The street currently exists in segmented portions throughout the western portion of the City. The City contracted with ERSC to provide roadway design and environmental clearance for the Street. The final four lane roadway will improve traffic circulation from Baseline Street to SR210 Freeway. Upon final design, State Street will be a four -lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210. The ERSC team is designing a new roadway in the portion of the project where no transportation infrastructure exists, rehabilitating existing portions to updated standard, and connecting to existing portions to the north and south. ROW acquisition is required to complete the project. An MND is being prepared for the project with significant attention to noise concerns of neighboring residents and biological resources. San Bernardino Kangaroo Rat Habitat is designated over the alignment. I�AAa% Riverside Drive Widening, City of tnIDU Lake Elsinore, Lake Elsinore, CA ERSC is providing design services to widen Riverside Drive near the entrance to the La Laguna RV Resort. During onsite grading design, and onsite infrastructure design, ERSC was also retained to provide services regarding the widening of the street, reconfiguration of the intersection, and relocation of traffic signals. Riverside Drive (State Route 74) near the La Laguna RV Park entrance is currently a two-lane arterial street with no designated right turn deceleration or acceleration lanes. The City and Caltrans have initiated the additional improvements in anticipation of higher traffic volumes turning in and out of the newly renovated RV park. Work includes widening of the Street, relocation of existing infrastructure, ROW dedication, traffic signal relocation and modification, and relocation of an existing lift station. ERSC also provided and coordinated design for all pedestrian improvements. New curb ramps, landsca in sidewalk curb and utter and The new planned alignment runs over the Department p gg ' ' l rraasm Statement of Qualifications for On -Call Civil Engineering Services 11MaU City of Palm Springs SOQ 14-19 Page 22 Section C: References and Similar Experience pedestrian crossings are to be installed along the project's frontage. _lll.A,A,% Civic Drive Street Improvements ItnaU Project, City of Palm Springs, Palm Springs, CA Contracted by the City of Palm Springs, ERSC was responsible for the design of approximately 750 linear feet of curb, gutter, sidewalk, asphalt pavement and local drainage facilities on the west side of Civic Center Drive between Livmor Avenue and Tahquitz Canyon Way. The project also included the "Street Closure" and barricade delineation of Livmor Avenue, as well as drainage improvements to accommodate an existing catch basin that served East Andreas Road. The design included approximately 18 feet width of asphalt pavement west of the centerline of Civic Drive from Tahquitz Canyon Way to Livmor Avenue, installation of 6-inch curb and gutter, a 5-foot wide meandering sidewalk, a 24-foot wide driveway to accommodate an existing apartment complex, and drainage facilities to improve the existing conditions on both Civic Drive and East Andreas Road. ERSC also developed a street closure design at the intersection of Civic Drive and Livmor Avenue. tases �Pm I C1-3 Sewer Replacement Project, City of Victorville, Victorville, CA Under an On -Call Engineering Services Agreement for the City's and Sewer C Improvement Projects, ER: is providing the design ar construction services for tl following active projects: .we Sewer Capacity Improvement Project C-1, Project scope includes the upgrade of 3,022 feet to 15-inch pipe from existing 10-inch pipe. The project intends to allow additional capacity to the sewer system to allow and account for increased commercial and industrial development in this part of the City. The project is generally located in an industrial area around Hesperia Road and Nisqualli Road and generally has impacts on several distribution sites as well as some retail/gas stations. Contract Amount: $87,578.94 Sewer Capacity Improvement Project C-2, Project scope includes the upgrade of 1,748 feet to 12- inch pipe from existing 8-inch pipe. The project is generally located in a residential area and crosses an existing golf course. The project is also contiguous to City sewer project C3 as well as several Structural Sewer Replacement Lines. This was important to note because turned out to be beneficial to include both items of work in the same project/contract. This work generally took place in easements, and only has impacts on a small segment of Public La Paz Drive as well as Arrowhead Drive. Contract Amount: $58,452.84 Sewer Capacity Improvement Project C-3, Project scope includes upgrade of 6,550 of 18-inch pipe upgraded from 12-inch pipe. The project is generally located in residential areas and crosses a park in an easement. The City of Victorville has identified the potential to construct a new sewer main in the San Bernardino County Flood Control District's (SBFCD) access road, next to the Oro Grande Wash from Austin Road to Seneca Road. This relocation eliminates a series of existing lines that traverse several properties, which requires the abandonment Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs Soo 14-19 Page 23 Section C: References and Similar Experience of any existing easements. This requires coordination substantially. with several residences, and the new alignment will require coordination with SBFCD and their approval. Contract Amount: $158,706,94 lipftlsA MDP Lines 6A and 8, Laterals 20C CIMIDUp and 20A, City of Palm Springs, Palm Springs, CA In support of on -going commercial development and to eliminate the various problem areas throughout the City, the City of Palm Springs commissioned the design of the three major flood control projects across the City. Located along Sunrise Way Line 6A and Line 8 will result in the elimination of "down and under drains" and support commercial development between Via Escuela and Vista Chino Drive and Andreas Road and the Baristo Channel, respectively. Similarly, Laterals 20C and 20CA result in the elimination of "down and under drains" and support residential development along El Cielo and Baristo Road. Services provided include review and modification of master plan hydrology, design surveys, utility coordination, geotechnical engineering, alignment selection and analysis, hydraulic modeling and the development of plans, specifications and estimates. ERSC proposed, and ultimately incorporated into their design after City approval, the use of pre -cast cement boxes, as opposed to cast -in -place boxes, which saved the City thousands of dollars and shortened the project time Following completion of the project's design, ERSC provided construction management services to the City during the construction phase of the project. �PAAl% Section 29 Stormwater Basin, City MIDU of Palm Desert, Palm Desert, CA Consistent rainfall during the rainy season resulted in the failure of the rock slope protection downstream of the existing spillway. As a result, a major portion of the slope protection collapsed into the basin and the slope failed undermining a significant portion of the spillway crest. The work also included hydrology analysis of approximately 519 acres of drainage watershed, development of a unit hydrograph tributary to Mid - Valley Channel, flood routing through the existing drainage channels and Section 29 Retention Basin, hydraulic analysis for design and reconstruction of the rock slope protection, spillway, forensic analysis to investigate the cause of the failure, produce contract documents guiding the repair of the Section 29 Basin and an 18-inch basin inlet. There was an existing 12-inch sewer line under the basin spillway that was also impacted and required to be relocated. There were three alternatives developed for the repair of the Section 29 Retention Basin. The recommended alternative was based on maximizing Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 24 Section C: References and Similar Experience discharge through the primary basin inlet, minimizing Lugo Avenue and Sierra Way Street, 1000 linear impacts to the existing 12-inch sanitary sewer, feet of 60-inch RCP on Sierra Way Street between minimizing impacts to the Mid -Valley Channel, Palmyra Drive and 37th Street and 600 linear feet eliminate or minimize future threat of slope failure of 66-inch RCP between Sierra Way Street and at the spillway and primary basin inlet and the Mountain View Avenue to be connected to the existing construction cost. 84-inch RCP, Project No. B22 and B24 storm drain ArMA/% Sierra Way Storm Drain, City of San IMOUBernardino, San Bernardino, CA The City of San Bernardino enlisted ERSC to design several new storm drain lines to connect to an existing storm drain line Sierra Way. The project is within Comprehensive Storm Drain Plan (CSDP), Project No.7 within Zone 2 of the San Bernardino County Flood Control District. The project reach is identified as Project NO. 7-B23.The project consists of design and construction of the master drainage facilities including hydrology and hydraulic analysis, utility research, design survey, geotechnical investigation, pavement rehabilitation, utility coordination, and agency coordination. The Design of CSDP, Project No.7-B23 includes a storm drain;, Rt: gib, system. rY 9 va in in size between 39- inch and� s 66-inch in J diameter. Q ffr The planned facilities consists of approximately 1350 linear feet of 66-inch RCP on Sepulveda Avenue, 300 linear feet of 45-inch RCP on 40th Street between Sepulveda Avenue and Lugo Avenue, 1,250 linear feet of 45-inch RCP on Lugo Avenue between 40th Street and Palmyra Drive, 350 linear feet of 51-inch RCP on Palmyra Drive between system. The project also proposes to improve and rehabilitate street and pedestrian infrastructure in the project area. The work plan includes geotechnical evaluation of the existing sections, providing new street thickness, and plans to facilitate reconstruction. Pasatiempo Rd. & Farrell Dr. it)KD lid Drainage Resolution, City of Palm AN Springs, Palm Springs, CA Under an On -Call Contract with the City, as a subconsultant for Harris & Associates, KDM performed basic research that included record maps, corner records, GPS control, and benchmarks. Record right-of-way and centerline were digitized for inclusion in the base mapping. KDM recovered and surveyed existing monumentation and benchmarks. GPS was utilized to place the project data in State Plane Coordinates. Additional project control was set using conventional survey methods. Cross -sections were collected at 25' intervals. Elevations of rim and inverts of storm drain and sanitary manholes and catch basins within the project area were also determined. _JPSffidMAM_ Statement of Qualifications for On -Call Civil Engineering Services IMMID City of Palm Springs SOQ 14-19 Page 25 n Section C: References and Similar Experience Field data was compiled, and a digital terrain model Terra Nova prepared, I'l was produced for the generation of 0.1-foot contours. and recently updated �a Digital files of the base mapping were prepared in the Museum Market both AutoCAD and PDF formats. Plaza Specific Plan, now Harris & Associates Ms. Elizabeth Reyes (949) 655-3900 ext. 2382 Harris elizabeth.reyes@weareharris.com P South Palm Canyon Drive Bridge n FpMrA MA Replacement at Tahquitz Creek Channel, City of Palm Springs, Palm Springs, CA Partnered with CNS Engineering, OPC worked under the City of Palm Springs' selected design consultant, CNS Engineers to implement the widening of the bridge over the Tahquitz Creek Channel, including expanding the right of way and coordinating all utility conflicts. OPC was successful in coordinating all the utility research, coordinating the mitigation of all conflicts, and providing cost estimates and all other PANED right of way efforts, The PS&E phase of the project has just been authorized and OPC is currently initiating the title, appraisal, review appraisal, acquisition, rights of entry, and Caltrans project certification for 17 parcels and five ownerships. The properties that the project impacts include developed commercial, municipal channel uses and other undeveloped or under -construction projects. known as Downtown Palm Springs, and EIR for the redevelopment of the Desert Fashion Plaza, in the center of the City of Palm Springs. The project encompasses 30 acres and includes the redevelopment of a defunct regional /TCRRA NOV4� th.w� .<J w , shopping center into 900 residential units, 300,000 square feet of commercial retail space, and 600 hotel rooms. The Specific Plan created standards and guidelines for a fully integrated Mixed -Use project, and analyzed the costs associated with redevelopment of the site, and increased service needs. The EIR analyzed the impacts of redevelopment on historic structures in the downtown, the fiscal impacts to the General Fund of all project alternatives, and the impacts on existing public services. The Specific Plan Update and EIR Addendum addressed changes in the land use distribution of the project, and the creation of a central park and entertainment venue. The original EIR Response to Comments was completed for the City on a pro bono basis. The EIR and Addenda, as well as the Specific Plan and Specific Plan Update were completed within budget, with the addition of a change order due to added public hearings beyond our original scope. Client: City of Palm Springs Terra Nova Responsibility: Prime environmental contractor, managing all subconsultants and CNS Engineering coordinating with City staff. Managed all James Lu, PE administrative tasks, including NOP, NOD, Draft and CNS tµai,!ine(951) 687-1005 ext. 11 Final EIR distribution. james.lu@cnseng.com City of Palm Springs Flinn Fagg, AICP r Museum Market Plaza/ Director of Planning Services L i TERRA NOVA' Downtown Palm Springs'`-^° (760) 323-8245 aHeehc. x:r ucK n<: k`c4t1 pN�'`k Specific Plan, EIR & EIR flinn.fagg@palmspringsca.gov Addendum, City of Palm Springs, Palm Springs, CA �ti 3V Statement of Qualifications for On -Call Civil Engineering Services City of Palm Springs SOQ 14-19 Page 26 Section D: Local Experience DA Local Expertise ERSC has served Coachella Valley clients since the first year of business in 1996. The firm has also maintained an office in the Coachella Valley continuously since beginning operations. ERSC is a qualified local business as defined in by the City. We have completed the local vendor preference documentation and attached our current City of Palm Springs Business License. Our Coachella Valley Office is located at: 77-564 Country Club Dr. Ste. 128 Palm Desert, CA 92211 Our team has also sought to partner with local consultants to partner in this effort. Their roles and experience are summarized in the next section. D.2 Team Members' Local Expertise John "Matt" Brudin, PE: Matt has led multiple projects in the City of Palm Springs and throughout the Coachella Valley. He will be assigned as project principal to all projects that may be awarded during term of a potential agreement. Steven Latino, PE, TE: Steven will serve as the ERSC project manager and team lead during any potential Transportation related projects during the term of a potential agreement. He is currently leading the ERSC team during the design of the Fred Waring at Washington Left Turn Lane project in La Quinta. Moe Ahmadi, PE: Moe will serve as the ERSC project manager and team lead during storm drainage related projects during the term of a potential agreement. Moe has participated in hundreds of plan reviews in the City of Palm Springs as well as a senior engineer during the MDP Lines 8 and 6A design and construction management. Erik Howard PE, PLS: Erik will serve as the ERSC project manager and team lead during sewer design projects during the term of a potential agreement. Erik has spent a significant portion of his career serving the San Bernardino County Special Districts Department in the High Desert Region of Southern California performing water resources projects. Terra Nova Plannir provide environmental clearance to the ERSC team. Terra Nova is headquartered in the City of Palm Desert and has been selected by the City of Palm Springs to provide On -Call Environmental Consulting Services. KDM Meridian is partnered to provide field and design survey services to the ERSC team. KDM was a partner firm to the Harris and Associates during that firm's recent On -Call Engineering Services Contract. Overland, Pacific, and Cutler is partnered to provide right-of-way clearance services to the ERSC team. OPC has a long history of providing similar services to projects in the City of Palm Springs and throughout the Coachella Valley. __ IllpIMAm Statement of Qualifications for On -Call Civil Engineering Services tIMOU City of Palm Springs SOQ 14-19 Page 27 ATTACHMENT"A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* REQUESTS FOR STATEMENTS OF QUALIFICATIONS (SOQ) #14-19 ON -CALL CIVIL ENGINEERING SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER).- Engineering Resources of Southern California, Inc. BUSINESS ADDRESS: 1861 W. Redlands Blvd., Redlands, CA 92373 TELEPHONE: (909)890-1255 CONTACTPERSON John M. 0mdin CELL PHONE (951) 837-7355 FAX (909) 890-0995 EMAIL ADDRESS matt@ersdnc..rn A. I hereby certify that I have the authority to submit this Submittal 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 submittal. John . Bru in, President PRINT DNA E AND TITLE SIG A URE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: ✓ A company; ✓ A corporation If a corporation, organized in the state of: canfornia 2. My tax identification number is: 33-0718153 Please check below IF your firm qualifies as a Local Business as defined in the SOQ: ✓ A Local Business (licensed within the jurisdiction of the Coachella Valley). ^Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this SOQ is required by including the acknowledgment with your submittal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non -responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # 1 islare hereby acknowledged. Page 14 of 48 CITY OF PALM SPRINGS BUSINESS LICENSE 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 323-8289 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. BUSINESS NUMBER: 20014416 BUSINESS TYPE: ENGINEERING CONSULTANT OWNER NAME: JOHN M BRUDIN BUSINESS NAME: ENGINEERING RESOURCES OF SO CAL BUSINESS ADDRESS: 1861 W REDLANDS BLVD 7B REDLANDS, CA 92373 EXPIRATION TAX/ADMIN. FEE CERT NO 05/31/2020 20.00 47821 05/31/2020 200,00 47923 05/31/2020 4.00 57422 ENGINEERING RESOURCES OF SO CAL I.SS'UANCE OF THIS LICENSE DOES NOT ENTITLE 1861 W REDLANDS BLVD 7B THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF ANY OTHER LAW REDLANDS CA 92373 OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS. MUST BE POSTED IN A CONSPICUOUS PLACE PACAf U tj __.� �1lFOR��A CITY OF PALM SPRINGS, CA STATEMENTS OF QUALIFICATIONS (SOQ) 14-19 ON -CALL CIVIL ENGINEERING SERVICES ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND 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: The City's Notice Inviting Statements of Qualifications indicates the need for general engineering services in the scope of work, but then indicates the need for engineering design services in the Submittal Contents sections. Would you please confirm whether engineering design services are the primary scope of the requested services? A 9: Please refer to the SOQ scope of work, design services are part of the desired services. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement & Contracting Manager DATE: June 5, 2019 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Engineering Re Authorized Signature: Southern California, Inc. June 11, 2019 Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non -responsive. ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND NOTARIZED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH SUBMITTAL STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned, being first duly sworn, deposes and says that he she is President of Engineering Resources of Southern Califomie, Inc. , the party making the foregoing Submittal. That the Submittal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Submittal 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 Submittal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Submittal, 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 Submittal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Submittal 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 Submittal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Submittal 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, Submittal depository, or anyer member or agent thereof to effectuate a collusive or sham Submittal. Title, President Subscribed and sworn to before me this 11th day of June . 2019. Page 15 of 48 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califo is I County of AQ _ '?�LLrnaall ' U tr �` . On Jjfw- l% GiQ1 � Ll before me, lm Jj ✓R ll , Date I . Here Insert Name and Title of the Office personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ;iSSANORA SILVA Notary Public - California San Bernardino County Commi"lon # 2245220 My Comm. Expires Jun 3, 2022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature rt 0 Signa ure of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(deeKlaimed by Si ner 7Signer's Name: Uu/ 1`vw�Gi!►1 er's Name: orporate Officer - Title(s): "Pre si ti> [.+ ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association ATTACHMENT "D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* CITY OF PALM SPRINGS, CA 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 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. 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. NAME OF CONSULTANTNENDOR: Engineering Resources of Southern California, Inc. NAME and TITLE of Authorized Representative: (Print) John M. n, President Signature and Date olAuthorlted Representative: (Sign) Page 18 of 48 (Date) ( fl h l EXHIBIT "D" SCHEDULE OF COMPENSATION ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope #2)* *if necessary, you may attach additional sheets. ADDITIONAL SHEETS ATTACHED STATEMENT OF QUALIFICATIONS (SOO #14-19) ON -CALL CIVIL ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 14-19 for providing on -call Civil Engineering Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATIONITITLE: HOURLY RATE: PRINCIPAL $ 220.00 SR. PRINCIPAL ENGINEER $ 190.00 PRINCIPAL ENGINEER $ 185.00 ENGINEER V $ 140.00 ENGINEER IV $ 125.00 ENGINEER III $ 110.00 ENGINEER II $ 97.00 SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: MILEAGE $ 0.65/MILE DIRECT COST $ COST + 20% $ Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: Iq PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. Certified by: ENGINEERING RE OUR ES OF SOUTHERN CA, INC. Firm Name Signature of Authorized Person JOHN M. BRUDIN Printed Name PRESIDENT Title 6/11 /2019 Date PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: ENGINEER 1 $ 82.00 PRINCIPAL ENG. ASSOCIATE $ 175.00 SR. ENGINEERING ASSOCIATE $ 150.00 ENG. ASSOCIATE III $ 100.00 ENG. ASSOCIATE 11 $ 90.00 ENG. ASSOCIATE 1 $ 80.00 ENG. AIDE II $ 44.00 ENG. AIDE 1 $ 37.00 ADMIN. ASST. 11 $ 64.00 ADMIN. ASST. 1 $ 58.00 CONSTRUCTION MANAGER $ 140.00 SR. CONSTRUCTION INSPECTOR $ 115.00 CONSTRUCTION INSPECTOR $ 110.00 KDM MERIDIAN, INC. SUB CONSULTANT PERSONNEL CLASSIFICATIONITITLE: HOURLY RATE: Principal $ 206 Project Manager $191 Project Surveyor $175 Survey Technician $ 139 Clerical $ 77 1 Man Survey Crew $196 2 Man Survey Crew $ 294 Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: DIRECT COST $ COST + 5% Page 16 of 48 TERRA NOVA PLANNING AND RESEARCH, INC. SUB CONSULTANT PERSONNEL CLASSIFICATIONITITLE: HOURLY RATE: PRINCIPAL PLANNER $ 195.00 SENIOR PLANNER $ 160.00 ASSOCIATE PLANNER $ 135.00 ASSISTANT PLANNER $ 115.00 SENIOR BUSINESS CONSULTANT $ 200.00 SENIOR LANDSCAPE/ARCHITECT $ 165.00 ASSOCIATE LANDSCAPE/ARCHITECT $ 135.00 SENIOR BIOLOGIST $ 145.00 DEISGN PRINCIPAL $ 145.00 MEDIA SPECIALIST $ 85.00 GRAPHIC DESIGN SPECIALIST $ 65.00 ADMINISTRATIVE ASSISTANT $ 45.00 $ Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: DIRECT COST $ COST + 15% Page 16 of 48 OVERLAND, PACIFIC, AND CULTLER, LLC SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: SENIOR PROGRAM MANAGER $ 250.00 PROGRAM MANAGER $ 200.00 SENIOR PROJECT MANAGER $ 150.00 PROJECT MANAGER/CONTROLS MANAGER $ 130.00 SR. AQUISITION AGENT $ 115.00 AQUISITION AGENT $ 105.00 SR. VALUATION MANAGER $ 275,00 VALUATION MANAGER $ 250.00 SENIOR VALUATION ANALYST $ 225.00 VALUATION ANALYST $ 150.00 ASST. VALUATION ANALYST $ 105.00 UTILITY MANAGER $ 150.00 SENIOR UTILITY COORDINATOR $ 130.00 UTILITY COORDINATOR $ 115A0 ENGINEERING/SURVEY MANAGER $ 200.00 PROJECT ENGINEER/SURVEYOR $ 150.00 SR. ROWE/SURVEY ANALYST $ 130.00 ROWE/SURVEY ANALYST $ 105.00 PROPERTY MANAGEMENT SUPERVISOR $ 150.00 PROPERTY MANAGER $ 115.00 PROPERTY SERVICES SUPERVISOR $ 115.00 COMMUNITY LIASON $ 105.00 LANDSCAPE CREWPERSON $ 40.00 PROJECT SUPPORT SPECIALIST $ 75,00 ADMINISTRATIVE ASSISTANT $ 55.00 Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: DIRECT COST $ COST + 10% Page 16 of 48 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" 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 October 4, 2023 Engineering Resources of Southern California, Inc. ATTN: John M. Brudin, President 1861 W. Redlands Blvd. Redlands, CA 92373 Re: Professional Services Agreement No. 8355 for On-Call Civil Engineering Services Dear Mr. Brudin, The referenced agreement expired on October 31, 2022 and, in accordance with Section 3.4 of the Agreement, it 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 October 31, 2024. 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 below to agree to extending Agreement 8355 for one (1) year ending October 31, 2024. ________________________________________ _____________________ _ Engineering Resources of Southern California, Inc. Date DocuSign Envelope ID: 1E9DC39F-C705-428B-A9AC-ADD4E3338256 10/4/2023 10/4/2023