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HomeMy WebLinkAboutA8519 - ARCHITECTURAL RESOURCES GROUP, INC. Page 1 of 3 Revised: 10.31.23 AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT A8516 BETWEEN THE CITY PALM SPRINGS AND ARCHITECTURAL RESOURCES GROUP, INC. 1. Parties and Date. This Amendment No. 3 to the Professional Services Agreement is made and entered into as of this 26th day of February, 2025, by and between the City of Palm Springs (“City”) and Architectural Resources Group, Inc. (“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 “Professional Services Agreement A8516” dated April 23, 2020 (“Agreement”) for the purpose of retaining the services of Consultant to provide “On-Call Architectural Historian Services” for a variety of future historic resource-related projects for a term of April 23, 2020 to April 23, 2023, subject to two additional one year extensions, approved by City Council on March 19, 2020. 2.2 Amendment #1. The City and Consultant amended the Agreement to extend the term one year. The Parties have heretofore entered into that Amendment Letter dated March 13, 2023, for a term of April 23, 2020 to April 23, 2024. 2.3 Amendment #2. The City and Consultant amended the Agreement by extending the term from April 23, 2024 to April 23, 2025 to exercise the last extension option and specify the compensation. The Parties have heretofore entered into that Amendment on March 19, 2024. 2.4 Amendment #3. The City and consultant desire to extend term for six months. 2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 2.3 of the Agreement. 3. Terms. 3.1 Terms. Section 3.4 of the Agreement is hereby amended in its entirety to read as follows: “Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for five (5) years and Six (6) months, commencing on April 23, 2020, and ending on October 23, 2025.” 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever Docusign Envelope ID: 9DDD4277-EE3F-4737-AA61-EBFD05A69D69 Page 2 of 3 Revised: 10.31.23 the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3. 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. 3. 3.4 Severability. If any portion of this Amendment No. 3 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. 3 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: 9DDD4277-EE3F-4737-AA61-EBFD05A69D69 Page 3 of 3 Revised: 10.31.23 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ARCHITECTURAL RESOURCES GROUP, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONSULTANT: By: ____________________________ By: _____________________________ Architectural Resources Group, Inc. Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A Agreement No. A8516 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: 9DDD4277-EE3F-4737-AA61-EBFD05A69D69 3/12/2025 3/12/2025 3/12/2025 CONTRACT ABSTRACT Contract prepared by: Planning Department Submitted on: 03/19/2024 By: Sarah Yoon / Anita Fields Note: Contract Company Name: Company Contact: Summary of Services: Contract Price: Contract Term: Authorized Singers: Architectural Resources Group Katie Horak On-Call Architectural Historian Services, Amendment No. 2 to Agreement A8516 $75,000 April 23, 2020 to April 23, 2025 Katie Horak, k.horak@argcreate.com, and Lisa Yergovich, lisa@argcreate.com Contract Administration Lead Department: Contract Administrator: Planning Dept. Sarah Yoon / Anita Fields Contract Approvals Council Approval Date: Agenda Item No./ Resolution No.: Agreement No: 03/19/2020 Item #1S A8516, Amendment No. 2 Contract Compliance Exhibits: Signatures: Insurance: Bonds Included Included n/a n/a DocuSign Envelope ID: 1F8EA9FA-3B80-48DC-BA71-BB330DE6A199DocuSign Envelope ID: 19C611F3-990B-4506-8396-EDA1B023D058 City of Palm Springs Department of Planning Services 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8245 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov March 13, 2023 ARCHITECTURAL RESOURCES GROUP, INC. ATTN: Katie Horak, Principal 360 East Second Street, Ste 225 Los Angeles, CA 90012 Re: On-Call Professional Services for an Architectural Historian Agreement No. A8516 Dear Ms. Horak: The referenced agreement expires on April 23, 2022, and in accordance with Section 3.4 of said Agreement may be extended at the discretion of the City Manager. This is to inform you that we wish to extend the Agreement for an additional year to April 23, 2024. This is the first of 2 one- year extensions provided for in said agreement. The option for 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 has been waived at your request. If you have any questions or concerns regarding the extension of this agreement, please contact me at your earliest convenience. Sincerely, _________________________________ Christopher Hadwin Director of Planning Services Approved by: _________________________________ _____________________________ Scott Stiles, City Manager Date Please sign and return to the City of Palm Springs to agree to extending Agreement A8516 for one (1) year ending April 23, 2024. __________________________________ _____________________________ Architecture Resources Group Inc. Date DocuSign Envelope ID: 522E64DE-ACC6-4DD2-B54B-ACFE9FFFE21F 3/13/2023 3/15/2023 DocuSign Envelope ID: 1F8EA9FA-3B80-48DC-BA71-BB330DE6A199DocuSign Envelope ID: 19C611F3-990B-4506-8396-EDA1B023D058 STANDARD BILLING RATES 1. Direct personnel expense shall be billed at the following rates, including time for meetings, public meetings, and presentations: Principal $260 to $330/hour Senior Project Manager $200 to $250/hour Project Manager $180 to $210/hour Senior Architect $190 to $240/hour Architect 3 $180 to $210/hour Designer 3 $175 to $210/hour Historian/ Planner 3 $175 to $210/hour Conservator 3 $175 to $210/hour Architect 2 $165 to $175/hour Designer 2 $155 to $170/hour Historian/ Planner 2 $155 to $170/hour Conservator 2 $155 to $170/hour Architect 1 $145 to $160/hour Designer 1 $145 to $150/hour Historian/ Planner 1 $145 to $150/hour Conservator 1 $145 to $150/hour Intern $100 to $140/hour Administrative Personnel $100 to $140/hour 2. Reimbursable Expenses shall be billed at cost plus 15% and shall include the following: a. Reproduction costs such as printing or duplication of drawings, specifications, and written reports. b. Lodging, subsistence, and out-of-pocket expenses for authorized travel in connection with work. c. Travel: (including local) IRS allowable rate plus tolls and parking, or cost of air travel. d. Special teleconference or database access charges. e. Cost of models, special renderings, photography, special process printing, special printed reports or publications and maps. f. Postage and delivery charges. g. Professional consultants retained with client approval. h. Specialized equipment rental (required by the project). 3. Equipment Use Fee of $250 shall be charged for specialized equipment like the Thermal Imaging Camera, 3D Camera, or Binocular Microscope. 4. Rates shall increase 5% each year until the project is completed. 5. Rates effective January 1, 2024 thru December 31, 2024. DocuSign Envelope ID: 1F8EA9FA-3B80-48DC-BA71-BB330DE6A199DocuSign Envelope ID: 19C611F3-990B-4506-8396-EDA1B023D058 Page 1 of 3 Revised: 10.31.23 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT A8516 BETWEEN THE CITY PALM SPRINGS AND ARCHITECTURAL RESOURCES GROUP, INC. 1. Parties and Date. This Amendment No. 2 to the Professional Services Agreement is made and entered into as of this 19th day of March, 2024, by and between the City of Palm Springs (“City”) and Architectural Resources Group, Inc. (“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 “Professional Services Agreement A8516” dated April 23, 2020 (“Agreement”) for the purpose of retaining the services of Consultant to provide “On-Call Architectural Historian Services” for a variety of future historic resource-related projects for a term of April 23, 2020 to April 23, 2023, subject to two additional one year extensions, approved by City Council on March 19, 2020. 2.2 Amendment Letter. The City and Consultant amended the Agreement to extend the term one year. The Parties have heretofore entered into that Amendment Letter dated March 13, 2023, for a term of April 23, 2020 to April 23, 2024. 2.3 Amendment #2. The City and Consultant desire to exercise the last extension option and specify the compensation. 2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.4 of the Agreement. 3. Terms. 3.1 Compensation of Consultant. Section 2.1 of the Agreement is hereby amended in its entirety to read as follows: “Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “D”. The total amount of Compensation shall not exceed $75,000.” 3.2 Terms. Section 3.4 of the Agreement is hereby amended in its entirety to read as follows: “Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for five (5) years, commencing on April 23, 2020, and ending on April 23, 2025.” DocuSign Envelope ID: 19C611F3-990B-4506-8396-EDA1B023D058 Page 2 of 3 Revised: 10.31.23 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 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. 2. 3.4 Severability. If any portion of this Amendment No. 2 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. 2 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: 19C611F3-990B-4506-8396-EDA1B023D058 Page 3 of 3 Revised: 10.31.23 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ARCHITECTURAL RESOURCES GROUP, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONSULTANT: By: ____________________________ By: _____________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A Agreement No. A8516 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: 19C611F3-990B-4506-8396-EDA1B023D058 5/1/2024 5/2/2024 5/2/2024 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON-CALL ARCHITECTURAL HISTORIAN SERVICES THIS PROFESSIONAL SERVICES AG,REEW NT (herein fter "Agreement") is made and entered into, to be effective this 2 day of 20 , by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and Architectural Resources Group, Inc., (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Parry" and are hereinafter collectively referred to as the"Parties." RECITALS A. City has determined that there is a need for As-Needed, "On-Call" Architectural Historian Services for a variety of future historic resource-related projects, (hereinafter the"Project"). B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call' Architectural Historian Services for a variety of future historic resource-related 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 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; (3`d) the provisions of the City's Request for Proposal (Exhibit "B"); and, (4d') 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. 1-31-18 1.8 Performance of Services. City Manager or Director of Planning Services 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 Planning Services 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 1.8 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 Planning Services 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. 1-31-18 It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject to the number and type of projects requiring the Consultant's services throughout the duration of the term of this Agreement, if any. Consultant 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 1-31-18 period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time 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 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: Katie Horak. 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 1-31-18 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 sub-Consultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any sub-Consultant 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 Indenendent 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, 1-31-18 representatives, sub-Consultants, 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 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. 1-31-18 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 sub-Consultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager 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. 1-31-18 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 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 sub-Consultants, 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 sub-Consultants 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. I-31-18 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 of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 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 Sufficiencv 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 Coverase.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: 1. "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 1-31-18 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. 6. INDENIMFICATION 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 sub-Consultants, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, 1-31-18 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 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, 1-31-18 sub-Consultants, 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 sub-Consultants shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue.This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed•against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such 1-31-18 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. 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 1-31-18 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. 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 1-31-18 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. 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, Califomia92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Architectural Resources Group, Inc. Attention: Katie Horak, Principal 360 East Second Street Ste 225 Los Angeles, CA 90012 1-31-18 626-583-1401 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 successots;•assig`ns;br grantees. c f- r 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective_and,valid under applicable law, but, if..any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upohind.innre tgthe benefit of the Parties' successors and assignees. 10.6 Third Party BeneficiaryaytFACWt119Vffiky be expressly,,provided fos'herein=nothing contained in this Agreement is intended.to confer, nor^shall this Agreement be construed as conferring, any rights, including, without limituionany r1g ti""" spas 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) 1-31-18 IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: CITY O PALM SPRINGS, CA By By Antho ejia, Ci Cler David H. Ready, Ci:y7'g0e_r Date: D 1-t/Z3 hozo Date: APPROVED AS TO FORM: APPROVED BY CITY COUNCIL: ByT( ��� Date:dil�Agreement No.If/ Jeffrey S. Ballinger, City Attorney Date: Apr: d �ovoBrcmCOUNCL _.?-)I--9.0 / 754 CONSULTANT Name: Architectural Resources Group, 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: 360 East Second Street Ste 225 Los Angeles, CA 90012 By; C'd'Ivu By: Signature(n arized) Signature (notarized) Name: 66 to is i rm Name:- Kgt'e 7qv rx(� Title: Title: P� t ill�t P/► t— 1-31-18 REQUEST FOR PROPOSAL#08-20 Architecture Planning On-Call Historic Resource Conservation Professional Services. City of Palm Springs January 14,2020 Architectural 360 E.2nd Street,Suite 225 L�J Resources Group g-es,California90012 r Los Angeles, lLM'-(b.COR4 January 14,2020 Craig Gladders,C.P.M. Procurement&Contracting Manager City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs,CA 92262 Subject:RFP#08-20,Request for Proposals for On-Call Historic Resource Report Services Dear Mr.Gladders, Architectural Resources Group(ARG)is pleased to present this proposal for on-call historic preservation services in response to the Request for Proposals dated December 2,2019.We understand that the principal objective of the Request for Proposals is the development of pre-qualified list of historic preservation consultants to provide City staff with Historic Resource Professional Services.Tasks may include,but are not limited to:development of Historic Resource Reports;evaluation of properties under National Register and California Register eligibility criteria;use of DPR 523 forms;historic resource assessments and archaeological assessments for environmental review compliance under programs including CEQA;development of historic district design guidelines and preservation plans; preparation of focused context statements and evaluations/surveys of sites in potential historic districts;completion of field surveys for individual properties;completion of National Register of Historic Places nominations;and project review for compliance with the Secretary of the Interior's Standards. Comprising planners,historians,architects,and conservators who meet the Secretary of the Interior's Professional Qualifications Standards in multiple disciplines,ARG has provided historic preservation consulting services for40 years.As our qualifications illustrate,our Los Angeles office has extensive experience completing Historic Resource Reports,Historic Resource Assessments,and similar historic preservation studies,including California Environmental Quality Act(CEQA)technical reports,local and national landmark and district designation nominations,historic resource inventories,and historic architectural design guidelines.Our sub-consultant,ASM Affiliates,is a full-service cultural resource management firm with extensive experience completing archaeological reports as part of environmental review compliance under CEQA,the National Environmental Policy Act(NEPA),Sections 106 and 110 of the National Historic Preservation Act(NHPA),and other programs. We believe that our project team's breadth of experience,strong familiarity with historic preservation in Palm Springs,and dedication to providing superior work in a timely manner make ARG an excellent candidate for the City of Palm Springs'on-call work. Should you have any questions about the contents of our response or about ARG in general,please feel free to contact us.Thank you for your consideration. Sincerely, KeE.Horak Mar ing ff, ociate Principal Project Manager Architectural Resources Group Architectural Resources Group i001, Architectural, Resources Group Table of Contents Cover Letter SectionA..................................................................................................................................................1 A.1.Attachments A,B,D,E A.2.Firm's Background&Qualifications A.3.Sub-Contractors A.4.Key Staff/Team Members A.S.Example Reports A.6.Understanding of Palm Springs SectionB................................................................................................................................................12 B.I.Conformance with Requirements B.2.Understanding of Project and Expectations 13'.3.Key and Critical Issues SectionC................................................................................................................................................13 C.1.Time Management C.2.Experience with Sites Less Than 50 Years Old C.3. Experience Evaluating Historic Properties C.4.Experience with DPR Forms C.S. Experience with CEQA C.6.Sample Historic District.Design Guidelines C.7.Experience with Context Statements and Historic District Nominations C.B.Experience with Field Surveys C.9.Experience with National Registerof Historic Places Nominations C.10.Experience Reviewing Projects for Compliance with The Standards SectionD................................................................................................................................................19 D.I.Local Business D.2.Team Members with Local Expertise Section E (Under Separate Cover).........................................................................................................20 Appendix................................................................................................................................................21 CD C) O D Sectl. • i SectionA ATTACHMENT "A" 'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK PROPOSAL(Envelope#1)• REQUESTS FOR PROPOSALS (RFP)#08-20 ON-CALL HISTORIC RESOURCE REPORT SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): Architectural Resources Group . BUSINESS ADDRESS: 360 E.2nd Street,Suite 225,Los Angeles,CA 90012 TELEPHONE: (626)583-1401 CELL PHONE FAX CONTACT PERSON Katie Horak EMAIL ADDRESS k.horak@arg-la.com A. 1 hereby certify that I have the authority to submit this Proposal 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 proposal. Katie Horak,Principal PRINTED NAME AND TITLE January 13,2020 SI NATURE 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; X A corporation If a corporation, organized in the state of:California 2. My tax identification number is:_ (94-3211192 Please check below IF your firm qualifies as a Local Business as defined in the RFP: _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 RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below,please acknowledge receipt of each Addenda: Addendum(s)# 1 is/are hereby acknowledged. ARG I Historic Resource Report Services 1 i Section A ATTACHMENT"B" 'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALAVORK PROPOSAL(Envelope#1)' NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND NOTARIZED AND SUBMITTED WITH BID STATE OF CALIFORNIA)ss COUNTY OF RIVERSIDE) The undersigned,being first duly sworn,deposes and says that he or she is Katie Horak of Architectural Resources Group .the party making the foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal 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 Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put In a sham Proposal, 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 Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, oncost element of the Proposal 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 Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal. 1 Title: PPI N Gl Pa- L— g..o2r� Subscribed and sworn to before me this 1 D clay ofc, .JAI It Q.na-- sSRASHIDA JOCELYN ANDERSON COMM. 92219154 -P.z—D4�- Notary Public•CaliforniazLos Angeles County o M Comm.Ex res Oct. I,2021 2 ARG I Historic Resource Report Services i SectionA ATTACHMENT "ID" "THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK PROPOSAL (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 CONS ULTANTNENDOR: Architectural Resources Group NAME and TITLE of Authorized Representative: (Print) Katie Horak,Principal Signature and Date of uth r'z epresentative: (Sign) (Date) January 13,2020 ARG 1 Historic Resource Report Services 3 i Section A �PLM Sa ° PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE.FORM •Cq</r00.t•�P- 1. Name of Entity Architectural Resources Group 2. Address of Entity(Principle Place of Business) Pier 9,The Embarcadero,Suite 107,San Francisco,CA 94111 3. Local or California Address(if different than#2) 360 E.2nd Street,Suite 225,Los Angeles,CA 90012 4. State where Entity is Registered with Secretary of State California If other than California,is the Entity also registered in California? Yes F1 No 5. Type of Entity ®Corporation ❑Limited Liability Company ❑Partnership El Trust ❑Other(please specify) 6. ' Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: ff any response is not a natural person, please idenfify all of icers, directors,- members,managers and other fiduciaries for the member,manager, trust or other entity Naomi 0.Miroglio,FAIA Director David P.Wessel Director Katie Horak Member Kitty Vieth,AIA ' Member Deborah Cooper,AIA Member Lisa Yergovich,AIA Member Maya Foty,AIA Member Matthew Davis Member 4 ARG I Historic Resource Report services i SectionA 7. Owners/Investors with a 5%beneficial interest in the Applicant Entity or a related entity EXAMPLE JANEOOE 50%ABC COMPANY,Inc. [name of ownerlinvestor] [percentage of beneficial interest in entity and name of entity] A. Naomi 0.Miroglio,FAIA 26.1%,Architectural Resources Group [name of owner/investor] [percentage of beneficial interest In entity and name of entity] B. David P.Wessel 26.1%,Architectural Resources Group [name of owner/investor] [percentage of beneficial interest in entity and name of ntit C. Katie Horak 8%,Architectural Resources Group [name of owner/investor] [percentage of beneficial interest in entity and name,of entity] D. Deborah Cooper,FAIA 6.5%,Architectural Resources Group [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest In entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name,Title Date January 13,2020 Katie Horak,Princi al 23 ARG I Historic Resource Report Services 5 i SectionA A.2. Generally describe your firm's background and uali cah'ons in the e o effort that this project will q fi type f ff P 1 f require. FIRM INTRODUCTION .; Architectural Resources Group(ARG)helps people realize + - r opportunities in the historic built environment.We navigate the range of needs and issues for clients and their historic ' properties to create great places,enhance investment,and enliven communities. ARG was founded in1980 with the belief that historic r �'�- i•�i I r'�� -' buildings play an important role in communities,creating places that have value and meaning.ARG principals —=--- -+•-v--� 1 and staff members are nationally recognized experts in rehabilitation and new construction and bring extensive Services provided include: experience applying the Secretary of the Interior's Standards • Historic Resources Surveys and Context Statements for the Treatment of Historic Properties to our projects. • Historic Resource Documentation(HABS/HAER/HALS) The firm is composed of planners,historians,architects, and conservators who meet the Secretary of the Interior's On-Call Preservation Planning Consulting Services Professional Qualifications Standards in multiple disciplines. • Ordinance Development&Regulatory Review Our portfolio includes award-winning innovative solutions • Federal,State,and Local Landmark Designations for the adaptive reuse,seismic strengthening,stabilization, • Design Guidelines materials conservation,documentation,and restoration of • Design Review&Secretary's Standards Compliance historic properties,as well as the design of new structures in Assessments sensitive environments. • Historic Structure Reports&Cultural Landscape Reports . Planning&-History Group Introduction Preservation planning is a core element of ARG • Historic Resource Evaluations and Environmental's practice. Compliance under CEQA ARG's Planning&History Group comprises planners, historians,and architects who meet.the Secretary of the • Section 106/NEPA Compliance Interior's Professional Qualifications Standards in multiple • Preservation Plans,Master Plans,and Specific Plans disciplines.The group has varied interests and areas of specialization in the fields of history,architectural history, • Tax Incentives(Tax Credit Certification,Mills Act Contracts) historic preservation,cultural resource management,cultural • Community Workshops,Public Education and Outreach landscapes,city planning,architecture,environmental compliance,and urban design. EXPERIENCE WITH ON-CALL SERVICES This breadth of professional experience enables the group ARG provides on-call consulting services to numerous to provide adiverse array of planning,research,and design municipalities,agencies,and private clients for historic services to public and private clients.The,group brings preservation projects,including Mills Act Property Tax relevant work experience on a wide range of projects in Abatement Program administration and consulting,historical historic and cultural resource management and preservation assessments and property evaluations under CEQA,design planning throughout the Western states,including California, review analysis,historic resource surveys,and general Oregon,Washington,Nevada,Arizona,Hawaii,and Alaska. assistance in property research and documentation.In some cases,ARG has had on-call relationships with municipalities 6 ARG I Historic Resource Report Services i Section A and private clients for decades.These relationships have A.3.Indicate the name of any sub-contractorfirms or provided us with a constantly changing view of the issues - contractors that will be utilized to make up your team. ' that cities and other organizations face in the management of Describe each sub-contractors qualifications,background, their historic resources and the approaches and solutions that and specific expertise that they bring to the Project. they employ. ARG has teamed with ASM Affiliates to provide archaeological • California State Parks services.ASM is a full-service cultural resource consulting • City of Anaheim firm that provides the full range of cultural resource.studies specializing in archaeology,history,historic preservation and • City of Arcadia community outreach.As a certified Small Business Enterprise • City of Burbank (SBE)with more than 42 years of experience providing • City of Culver City high-quality historical and cultural resource services to local, state,and Federal agencies and private project proponents • City of Fremont throughout the West,we have completed more than 5,500 • City of Glendale studies related to architectural history,history,archaeology, • City of Los Angeles and other specialized services.We have an extensive history successfully completing large on-call contracts that involve • City of Monterey archaeological and historical studies including the completion • City of Palm Springs of concurrent task orders and coordination with multiple • City of Portland agencies,stakeholders,and contractors. • City of Pleasanton ASNI's proposed.Senior Architectural Historian,Ms.Shannon • City of Redlands Davis,RPH,exceeds the Secretary of the Interior's(S01's) Professional Qualification Standards(Qualification Standards) • City of San Jose as an Architectural Historian and Historian and prior to ASM • City of San Mateo served as an Historian for the National Register of Historic • City/County of San Francisco Places(NRHP). .. • City of Santa Ana Proposed Senior Archaeologist,Ms.Sherri Andrews,J.D., M.A.,RPA,exceeds the S01's Qualification Standards as an • City of Santa Monica Archaeologist and has worked for ASM for over 20 years. • City of Whittier Additional proposed in-house staff meet or exceed the S01's • County of Los Angeles Department of Parks&Recreation Qualification Standards as Archaeologists,Historians and - Architectural Historians,a qualification that sets us apart • General Services Administration within the industry. • Los Angeles Union Station Each staff member has extensive experience conducting • National Park Service services similar in size and scope to those outlined in the • Presidia of San Francisco Scope of Work for projects throughout the state of California, and are well versed in applying the S01's Standards for the • Port of San Francisco Treatment of Historic Properties(Treatment Standards). • Santa Clara County Specific recent experience in Palm Springs includes multiple . • Santa Clara County Parks and Recreation cultural resource studies on privately owned lands on the Agua Caliente Indian Reservation.These projects have • Stanford University included the completion of records searches,intensive • University of California,San Diego pedestrian field surveys,tribal coordination,and final report Washington State Capitol preparation in compliance with federal,tribal,and City of ARG I Historic Resource Report services 7 i Section A Palm Springs historic preservation regulations,ordinances, Mary has extensive experience in writing.historic contexts, and procedures.The environmental and cultural contexts landmark nominations,historic structures reports,and for each study was derived from prior survey and data historic resource evaluations,and has managed and recovery projects that were previously conducted by ASM in contributed to numerous historic resources surveys.Mary the vicinity of each study area.With decades of experience is also an archaeologist and has managed dozens of projects performing the required.services,our staff is confident that involving both prehistoric and historical resources.She our expertise and technical approach will meet the City's received a Master of Historic Preservation from the University archaeological and historical needs. of Southern California,and meets the Secretory of the Interior's Professional Qualifications Standards in Architectural History,Archaeology,and History. A.4. List the name and qualifications of the key staff/team members that will be assigned to the Project.Provide Relevant Project Experience detailed qualifications of the Project Manager that will be • Oasis Hotel Dining Hall Historic Resource Report,Palm assigned to the Project. Springs,CA. We have compiled an expert team to work with the City of • 401 West Mento Place Historic Resource Report,Palm Palm Springs.The team will be led by Project Manager Mary Springs,CA Ringhoff,Associate.Project support will be provided by • Oak Grove Disc Golf Course Historic Resources Technical Associates Andrew Goodrich and Evanne St.Charles,and Report,Pasadena,CA Rosa Lisa Fry.Katie Horak,Principal,will provide project • 134 E.Verdugo Avenue Historic Resource Assessment oversight and quality assurance.All members of the project Report,Burbank,CA ' team meet the Secretary of the Interior's Professional Qualification Standards in architectural history. • 2641 Harvard Avenue Historic Resource Assessment,Los . Angeles,CA As Project Manager,Mary Ringhoff will provide day-to-day . 2501 W.7th Street Historic Resource Assessment,Los contact with City staff and ensure all work is being conducted Angeles,CA to the highest possible standard.Mary has managed and completed numerous historic preservation projects in • 917-927 Hilldale Avenue Historic Resource Assessment, Southern California,including historic assessment reports West Hollywood,CA in Palm Springs,Redlands,Burbank,West Hollywood,Los - 9091 Santa Monica Boulevard,Historic Resources Angeles,Avalon,and Beverly Hills;Landmark Assessment Assessment,Mills Act Application,and Historic Preservation Reports in Santa Monica and Beverly Hills;CEQA Technical Incentives Application,West Hollywood,CA Reports in Los Angeles and West Hollywood;National Register nominations for historic districts in Los Angeles;and local ' San Marino Citywide Historic Resources Survey,San landmark and historic district designation nominations in Los Marino,CA Angeles and Pasadena.She is Project.ManagerforARG's on- • Surveyl-A,Los Angeles Citywide Historic Resources Survey: call work with the Cities of Burbank and Redlands. Survey for Groups 4,5,7,8,9,Los Angeles,CA Miracle Mile Historic District Historic Resources Survey,Los Angeles,CA • Beverly Fairfax Historic District Historic Resources Survey and National Register Nomination,Los Angeles,CA • Historic Signs Survey and Ordinance Review,Burbank,CA • Arcadia Citywide Historic Resources Survey,Arcadia,CA $ ARG I Historic Resource Report services i Section A • Santa Fe Railway Depot Character-Defining Features Study, Redlands,CA CITY. a • Redlands Historic Architectural Design Guidelines, Redlands,CA Education • Master of Historic Preservation,University of Southern Mary Ringhoff California,Los Angeles n'a- - (Inager. • Master of Arts,Anthropology,University of Nevada,Reno • Bachelor of Arts,Anthropology,Stanford University - • Meets The Secretary of the Interior's Professional Andrew Goodrich,AICP Qualifications Standards in Architectural History, Evanne St.Charles Archaeology,and History Rosa Lisa Fry Registrations Architectural Historians/Preservation Planners • Registered Professional Archaeologist(RPA) Project team member Evanne St.Charles has worked on numerous historic preservation projects in the region, _ W �ASM AFFILIATES including historic assessment reports in Arcadia,Los Angeles, Pasadena,and Whittier;Landmark Assessment Reports in Shannon Davis,RPH Beverly Hills and Santa Monica;CEQA Technical Reports in Los Senia,•Archirecturat Historian Angeles and South Pasadena;and local landmark and historic `7 Sherri Andrews,JD,MA,RPA district designation nominations in Los Angeles.She was the SeniorArchaeoloyist —� Project Manager for ARG's work with the City of Arcadia and _:--- oversees our work with the City of Anaheim. Project team member Andrew Goodrich has managed and worked on numerous historic preservation projects in the local region,including historic assessment reports in Los Angeles,Glendale,Whittier,Redlands,West Hollywood,and Katie Horak will serve as Principal in Charge,overseeing Palmdale;Landmark Assessment Reports in Santa Monica all work done under this contract.Katie is an architectural and Beverly Hills;CEC A Technical Reports in Los Angeles,San historian and preservation planner in ARG's Los Angeles Diego,San Bernardino,Claremont,and West Hollywood;and office,with more than fifteen years of experience managing complex preservation projects throughout California.Katie local landmark and historic district designation nominations in has professional experience in both the private and public Los Angeles,Pasadena,and West Hollywood. sectors,making her particularly sensitive to the needs and Rosa Lisa Fry is a staff historian and planner who will provide concerns of local municipalities as related to their historic surveying,research,writing,and interpretive services that will preservation programs.A recognized expert in the field, ensure completion of high-quality work in a timely manner. Katie regularly speaks on preservation topics at local, Before relocating to Los Angeles from Texas,Rosa provided state,and national conferences and is an adjunct lecturer research and advocacy support to Preservation Austin and at the University of Southern California(USC),where worked with Austin's Landmarks Preservation Guild.She was she teaches two Historic Site Documentation courses to also an intern for Greater Portland Landmarks in Maine where graduate students in the School of Architecture's Heritage she collaborated with a team to develop historic context for Conservation program. six potential Landmark Historic Districts in the city. ARG I Historic Resource Report Serves g i i Section A A.S. Include at least 2, but no more thon 3, example historic resource reports that demonstrate your ability to analyze and prepare such reports on sites in cities in the southwestern United States of similar character and aye as Palm Springs. Included in the appendix are three example historic resource reports.The examples showcase our work product for the �# y cities of Palm Springs,West Hollywood,and Los Angeles. City of Palm Springs Reference Contact Name:Ken Lyon,RA,Associate Planner/Historic Preservation Officer 9091 Santa Monica Boulevard,West Hollywood ! Historic Resource Evaluation Phone Number:760.323.8245 Email Address:ken.lyon@palmspringsca.gov NwMesa= Tar W,dtl aM 0i,M1teEEASKwoales SSE�Bere+ry Wry.IS .0 &velly XJIs,U90lV ' City of West Hollywood Reference PnrynJ6y: Contact Name:Jennifer Alkire,Current&Historic Preservation PlanningManager,City of West Hollywood g Y Y '�. Arht ura 7�^a•� R s�r�s Group Phone Number:323.848.6487 ruaee�z,ea;7,m;z Email Address:jalkire@weho.org mq az our? City of Los Angeles Reference Contact Name:Ken Bernstein,AICP,Principal City Planner, City of Los Angeles Phone Number:213.847.3652 Email Address:ken.bernstein@lacity.org 10 ARG I Historic Resource Report services Section B i Section B Y }� {� 4 C S�1 lr. n�70 N.Palm Canyon Drive B.1. Review and verify that your proposal is well organized its expectations for prior work involving historic resources. and follows all of the instructions on proper organization. As a result,we understand the City's expectations upon format,order, and conformance with all requirements, implementation of the Project. including any and ail required signatures, oCachments, acknowledgements or other documents that are required to be submitted. B.3. ldenttfy any"key"or"critical'issues that you believe may be encountered on the Project based or, the firm's We have reviewed the proposal requirements and our prior experiences;and provide steps to be taken to ensur e response follows all of the instructions and is in conformance the issues identified do not offect the successful delivery of with the requirements of the RFP dated December 2,2019. the Project Palm Springs'economic and cultural successes have meant B.2. Convey your overall understanding of the Project an increase in development pressure—a force which can and an understanding of the City's expectations upon have an outsized impact on historic resources and requires implementation of tree Project. thoughtful management by City staff.We are very familiar with both the obstacles and opportunities presented by We understand that the Project involves on-call professional work within this context,and are well-versed in supporting services primarily focusing on the development of Historic both cities and developers by objectively assessing potential Resource Reports,with other services that may be needed by historic resources and by providing design review services to the City—ARG's qualifications for completing each of these improve proposed rehabilitation and adaptive reuse projects. services are discussed in more detail in Section C,below. ARG recognizes the importance of remaining objective in all ARG has worked with the City of Palm Springs since 2002 and cases and providing as much assistance as possible in helping the City's expectations for this Project appear consistent with clients navigate the terrain of historic preservation work in the 2020s. ARG I Historic Resource Report Services 12 s Section C I Section C C.1.Ability to turn-oround project assignments in a timely • Hollywood Riviera Mills Act Application,West Hollywood,CA manner. • Historic Sign Survey,Burbank,CA Depending on property complexity,ARG has the capacity to • LIC San Diego,Campus-Wide Historic Resources Survey and submit a draft deliverable in 4-6 weeks.We will work closely Historic Resources Management Plan,San Diego,CA with the City to develop appropriate schedules on a project- • Federal Building,300 N.Los Angeles Street,.National by-project basis,and can accommodate expedited schedules Register Nomination,Los Angeles,CA when necessary. Federal Building, 11000 Wilshire Boulevard,National Register Nomination,Los Angeles,CA C.2.Analyze and prepare historic resources reports for . Federal Building,230 N.First Street,National Register modern sites/buildings and those that have not yet Nomination,Phoenix,AZ reached fifty Years of age: • C.Clifton Young Federal Building,National Register Buildings and landscapes fewer than 50 years old,often Nomination,Reno,NV referred to as"recent past resources,"can present a number of challenges when it comes to historic preservation architecture and planning.Although National Register guidelines use 50 years as a general cut off for eligibility, younger resources may be eligible according to local,state, and/or federal criteria if scholarly evidence of significance exists.ARG architectural historians and preservation I planners have specialized knowledge about post-World War11II II architects and architectural trends,bringing a baseline till understanding to the evaluation of these resources.Their work on modernism and the recent past has made lasting ' 1 scholarly contributions to the field.Recent experience d 1 includes: c cr gpc � e Si w__ • Chet Holifield Federal Building,Historic Structures Report and National Register Nomination,Laguna Nigel,CA C.Clifton taung Federal Building • Wayfarers Chapel National Historic Landmark Nomination, Rancho Palos Verdes,CA • 2796 N.Palm Canyon Drive Historic Resources Report,Palm Springs,CA o 1 • Culver Ice Area Historic Resource Evaluation,Culver City,CA b 'a r �•r • Minoru Yamasaki's Century Plaza Hotel,Historic Resource Evaluation and Project Impacts Analyses under CEQA,Los �— Angeles,CA ' • San Vicente Courtyard Apartments Historic District Assessment,Santa Monica,CA f • Village Green,Historic Structures Report,Baldwin Hills,CA • Garden Apartments of Los Angeles County,Historic Context Statement,Los Angeles,CA �.,_, ^'�.- ... Hollywood Riviera ARG I Historic Resource Report Services 13 i i i Section C C.3.Apply the National Porks Services'criteria for C.5. Provide historic resource assessments for evaluating historic properties and California standards. environmental review compliance under programs including the California Environmental Quality Act(CEQA), including The application of National Register and California Register archaeological reports and assessments. eligibility criteria,as well as integrity assessments using the seven elements of integrity as defined by the National ARG's Planning and History Group assists municipalities, _ Park Service,form the backbone of ARG's work.Our government agencies,environmental planning consultants, preservation planners and architectural historians conduct developers;and private property owners in the these assessments nearly every day,on scales ranging from environmental review process by preparing Historical individual properties to historic districts comprising hundreds Resource Technical Reports to be included as part of larger of contributors. environmental assessments under CEQA. Thanks to our experience developing Historic Resource ARG Associate Mary Ringhoff is a Registered Professional "Reports for the City of Palm Springs,we are also very familiar Archaeologist and will coordinate any archaeological work required as part of compliance projects with sub-consultant with the application of local landmark eligibility criteria. ASM Affilates,-Inc.ASM is a full-service cultural resource management firm and is highly qualified to manage projects C.4. Use and application of the standard industry'DPR requiring extensive archaeological work(e.g.,data recovery as forms." mitigation under Section 106,NEPA;and/or CEQA). Identification,evaluation,and mitigation of the impacts of ARG has extensive experience documenting historic resources proposed projects on historic resources is mandatory under using the DPR 523 forms developed by the California Office CEQA,as well as local planning and development guidelines. of Historic Preservation(OHP).We have recently streamlined Recent CEQA projects in Southern California include: our process for generating DPR 523 forms by developing our own mobile documentation app;this phone-based platform • Lucas Museum of Narrative Art;EIR,Historical Resources enables the collection of detailed property data in the field Technical Report,Los Angeles,CA and the automatic generation of DPR forms presenting • Robertson Lane Hotel and Commercial Redevelopment the data in the OHP-approved format.As a result,ARG can Project,EIR,Historical Resources Technical Report,West generate documentation quickly and efficiently as needed Hollywood,CA • Lassen and Mason Redevelopment,Historical Resources _ i 4t Assessment Report under CECtA,Los Angeles,CA • Historical Resources Technical Memoranda,Oak Grove Area Improvement Project,Pasadena,CA I • Cultural Resource Inventory for the Glendale Beeline f Maintenance Facility Project,Glendale,CA I i. • ' : 1828 Ocean Avenue/1920 Ocean Front Walk,Evaluation of r I •..F `* s"` Impacts to Historic Resources under CEQA,Santa Monica,CA LIC San Diego(Hillcrest Campus),Historic Resources Survey . r and CEQA Technical Report,San Diego,CA. 'f ""• r r Claremont McKenna College Master Plan,Historical t j •*' t. 6 r� . � Resource Assessment under CEQA,Claremont,CA 1800 Stewart Street,Historical Resource Assessment under CEQA,Santa Monica,CA La Quinta Resort and Club 14 ARG I Historic Resource Report Services i i Section C • Biala University Master Plan,EIR,Historical Resource C.6. Develop other historic preservation related documents Assessment under CEQA,La Mirada,CA such as Historic District Design Guidelines. • City of Pomona Master Plan,EIR,Historical Resource Context-sensitive design review,historically appropriate Assessment under CEQA,Pomona,CA design guidelines,and neighborhood character studies assist • Century Plaza Hotel,Historical Resource Assessment, municipalities and stakeholders in decision making,often Impacts Analysis and Review of Project Alternatives under resulting in the retention of the significant character-defining CEQA,Los Angeles,CA features of a historic property or area.Sympathetic new • DeLongpre Avenue Historic District Impact,Los Angeles,CA construction that is complementary to the historic character of an area is a design guideline goal.ARG planners,historians, • University of Southern California Specific Plan,Historical architects,designers,and conservators work collaboratively Resource Assessment under CEQA,Los Angeles,CA to create preservation plans and design review studies for • Casino San Clemente,Historical Resource Assessment public and private agencies,ensuring a holistic approach under CEQA,San Clemente,CA to planning and design guidance. Design guidelines and • Hughes Industrial Historic District at Playa Vista,Los preservation plans include: Angeles,CA • City of Redlands Historic Architectural Design Guidelines, • Robinsons-May Department Store Historical Resource Redlands,CA isample can be found in the appendix) Assessment for Environmental Review,Beverly Hills,CA • City of Anaheim Architectural Style Guides,Anaheim,CA • La Quinta Resort and Club,EIR,La Quinta,CA • Los Angeles Union Station,Retail Design Guidelines,Los • Pomona College Master Plan,EIR,Historical Resources Angeles,CA Technical Report,Claremont,CA • City of Glendale,Design Guidelines for Residential Buildings • Shriners Hospitals for Children,Historical Resource in Adopted Historic Districts,Glendale,CA Assessment,Los Angeles,CA • City of South Pasadena,Design Guidelines,South Pasadena,CA Historic Downtown Los Angeles Design Guidelines,Los Angeles,CA [a, West Colorado Boulevard Design Guidelines,Pasadena,CA I Russian River Design Guidelines with RRM Design Group, . h Sonoma County,CA Fort Ord,East Garrison Design Guidelines,Monterey i County,CA Presidio of San Francisco,Illustrated Guidelines for the F n 8 Rehabilitation of Buildings at the Presidia of San Francisco, � a San Francisco,CA Stanford University,Main Quad and Campus Design Guidelines for Historic Buildings,Stanford,CA Redlands Historic Architectural • NASA/Ames,Shenandoah Plaza Design Guidelines,Moffett Design Guidelines Field,CA �,•„ :u Hillsides Master Plan Phase 4,Pasadena,CA UC San Diego Historic Resources Management Plan,San Diego,CA CStti ofRedlmuis Histor.'cArchiteeNrul Design Guidelines ARG I Historic Resource Report5ervices 15 i Section C CZ Analyze and prepare focused contextstotements and • Citywide Historic Preservation Plan,Historic Context evaluation of sites in areas under consideration for historic Statement,City of Anaheim,CA district nomination. • Country Club Park,Historic Context Statement and Survey, Historic context statements are key informational and Los Angeles,CA planning tools that enable municipalities and the public • Figueroa Corridor,Historic Context Statement,Los Angeles,CA to make informed land-use decisions regarding identified • Garden Apartments of Los Angeles County,Historic Context historic resources.ARG's context statements clearly and Statement,Los Angeles,CA concisely integrate the varied historic themes,patterns,and • Garvanza,Historic Resources Survey and Context trends that substantiate the significance of a specific event,- Statement,Los Angeles,CA property,site,or community. • Hoskins District,Historic Resources Survey and Context ARG has extensive experience conducting surveys for historic Statement,Anaheim,CA district nominations,for inclusion in the National Register of • Miracle Mile HPOZ,Historic Resources Survey and Context Historic Places as well as local registries for cities including Statement,Los Angeles,CA Los Angeles,Glendale,and Santa Monica.On a smaller scale, • Niodrara Drive,Historic Context Statement and Survey, we regularly evaluate individual properties located within Glendale,CA areas identified as potential historic districts but not formally • Oxford Square HPOZ,Historic Resources Survey and designated as such,work which requires the development of Context Statement,Los Angeles,CA focused context statements addressing the historic context of the potential district as a whole,as well as the individual El Sereno-Berkshire HPOZ,Historic Resources Survey and property.Recent historic resource surveys and context Context Statement,Los Angeles,CA statements include: • City of Redlands,Historic Context Statement,Redlands,CA • University of Southern California,Historic Context • Contributions to the Los Angeles Citywide Historic Context Statement,Los Angeles,CA Statement for Surveyl-A,including Los Angeles Modernism • City of West Hollywood,Historic Context Statement,West • Balboa Highlands HPOZ,Historic Resources Survey and Hollywood,CA Context Statement,Los Angeles,CA • Windsor Village,Historic Resources Survey and Context • San Vicente Courtyard Apartments Historic District Statement,Los Angeles,CA Assessment,Santa Monica,CA • View Park Historic District,Historic Resources Survey and Context Statement,Los Angeles,CA • Beverly Fairfax Historic District Historic Resources Survey '' and Context Statement,Los Angeles,CA • Wilshire Vista West Historic District Historic Resources P ` ^ • r Yi' Survey and Context Statement,Los Angeles,CA • South Cumberland Heights Historic District Historic Resources Survey and Context Statement,Glendale,CA • Casa Verdugo Historic District Historic Resources Survey and Context Statement,Glendale,CA • City of Arcadia,Historic Resources Survey and Context Statement,Arcadia,CA io • City of Dana Point,Historic Resources Survey and Context Statement,Dana Point,CA Balboa Highlands HPOZ,Historic PCesources Sumey and context Statement 16 ARG I Historic Reseorce Report services i Section C C.S. Ability to conduct field surveys as needed on individual • 816 South Grand Street Garage,National Register sites for purposes of,or in conjunction with,completing., Nomination,Los Angeles,CA historic resource reports. • Bayview Opera House,National Register Nomination,San ARG's architectural historians and preservation planners Francisco,CA are fully capable of conducting field surveys as needed on - Beringer Winery Historic District,National Register individual sites,on short notice if needed by the City.In Nomination,St.Helena,CA keeping with best professional practices,we do not evaluate • Beverly Fairfax Historic District, National Register properties for significance or integrity without examining Nomination,Los Angeles,CA them in person.We keep our site visits short and efficient by • Central Embarcadero Piers(Piers 1,3%,5)Historic District, conducting remote background research ahead of time and National Register Nomination,San Francisco,CA by using our customized mobile documentation app to speed . Chet Holifield Federal Building,National Register detailed data collection. Nomination,Laguna Niguel,CA • C.Clifton Young Federal Building,National Register Nomination,Reno,NV • Cowell Ranch Historic District,National Register Nomination,University of California,Santa Cruz,CA . • Crocker Bank Building,National Register Nomination,San Mateo,CA A • Degnan's Restaurant,National Register Nomination, r Yosemite National Park,CA • Federal Building,300 N.Los Angeles Street,National Register Nomination,Los Angeles,CA rl _ - - Federal Building,11000 Wilshire Boulevard,National Register Nomination,Los Angeles,CA • Federal Building,230 N.First Street,National Register Nomination,Phoenix,AZ t`lety Park Historic District - • Geneva Office Building and Power House,National Register C.9.Ability to complete nomination packages for Nomination,San Francisco,CA submission for consideration of listing on the NaBenot • George Hansen HbUS6,National Register Nomination, Register of Historic Places. Anaheim,CA • Glen Alpine.Springs,National Historic Landmark The research,documentation,and designadon of properties Nomination,El Dorado County,CA to the National Register of Historic Places acknowledges the . Hotel St.Matthew,National Register Nomination,San significance of a resource and increases public awareness of Mateo,CA an area's heritage.ARG has successfully nominated numerous properties for historic designation for a range of clients, • John Woelke House,National Register Nomination, including the National Park Service,the General Services Anaheim,CA Administration,local governments,and private property • Macfarland House,Stanford University,National-Register owners.Recent work includes: Nomination,Palo Alto,CA • 50 Green Street,Fuller Paint Warehouse,National Register • May Lake and Glen Aulin High Sierra Camps National Nomination,San Francisco,CA Register Nominations,Yosemite National Park,CA • 54 Mint Street,Haas Candy Factory,National Register • Mission La Purisima National Historic Landmark Update, Nomination,San Francisco,CA Lompoc,CA ARG I Historic Resource Report Services 17 i Section C • Noyes Mansion,National Register Nomination,Napa,CA CIO. Review development projects for compliance with the • Point Reyes Light Station,National Register Amendment, Secretory of the Interior'SStandards. Point Reyes National Seashore,CA ARG regularly conducts analysis of proposed projects for • Port Chicago Naval Magazine National Memorial,National compliance with the Secretary of the Interior's Standards for Register Nomination,Concord,CA Rehabilitation,typically as part of CECA compliance but also • Rosie the Riveter/WWII Home Front National Historical in applications for federal historic rehabilitation tax credit Park,National Register Nominations for three associated projects and in general design review.Our preservation - buildings,Richmond,CA planners and architectural historians have completed • Santa Monica Mountains National Recreation Area, Standards compliance analyses and Standards-based iterative Determination of Eligibility,Malibu,CA design review/collaboration for a wide range of development . • Swedenborgian Church,National Historic Landmark projects including hotel conversions,mixed-use properties, Nomination,San Francisco,CA municipal park improvements,restaurants,retail,school • The Altenheim,National Register Nomination,Oakland,CA upgrades,institutional expansions,and residential projects. Recent Standards compliance projects include: The California Club,National Register Nomination,Los Angeles,CA • Robertson Lane Hotel and Commercial Redevelopment • View Park Historic District, National Register Nomination, Project Historical Resources Technical Report,West Los Angeles County,CA Hollywood,CA • Walking Box Ranch,National Register Nomination, • Historic Resource Compatibility Assessment—37396 Niles Searchlight,NV Boulevard in the Niles Historic Overlay District(Standards Review for the Elmore's American Tavern new construction • Wayfarers Chapel,National Historic Landmark Nomination, project), Fremont,CA Rancho Palos Verdes,CA • Lucas Museum of Narrative Art Historical Resources • Wilshire Vista West Historic District,National Register Technical Report,Los Angeles,CA Nomination,Los Angeles,CA • 9091 Santa Monica Boulevard Standards Analysis,West • Zumbrota,National Register Nomination,Marina del Rey, Hollywood,CA CA • French Market Place(7985 Santa Monica Boulevard) Historical Resources Technical Report,West Hollywood,CA • 9034 Sunset Hotel Mixed-Use Project Historical Resources Technical Report,Los Angeles,CA • Our Lady of Mt.Lebanon Project,Los Angeles,CA II uy • Grover Cleveland High School Comprehensive Modernization Project,Los Angeles,CA r • Fairfax High School ADA Project,Los Angeles,CA • Revere Middle School Barrier Removal Project,Los Angeles, .. •,., CA '•* - .. �� • Gibraltar Square/Kate Mantilini Building Project,Beverly Hills r" • Pasadena First Congregational Church Design Renew, Pasadena,CA • Los Angeles Union Station(multiple projects),Los Angeles, Robertson Lane Hotel and Commercial Redevelopment CA IS ARG I Historic Resource Report Services (/") CD C� �: O a M I j Section D D.1. Local Preference. - ARG is not seeking local preference. D.2. Team members with local expertise. All of ARG's proposed team members have read the Palm Springs Citywide Historic Context Statement and have spent considerable time in the City both professionally and personally.Project Manager Mary Ringhoff has successfully completed two Historic Resource Reports for the City:the Oasis Hotel Dining Hall and 401 W.-Merito Place,and in the course of researching these properties has become very familiar with conducting research in local repositories including the Palm Springs Historical Society.Principal-in- Charge Katie Horak has overseen all of ARG's Palm Springs work since 2015,including the above Historic Resource Reports,an additional HRR for the William F.Cody gas station at 2796 N.Palm Canyon Drive,and investigations of the Cornelia White House.Team members Evanne St.Charles and Andrew Goodrich have'contributed research support and internal review to all of ARG's Palm Springs projects since 2016. ARG l Historic Resource Report Services 19 EXHIBIT`B" CITY'S REQUEST FOR PROPOSALS (On file in the office of the City Clerk) EXHIBIT"C" CONSULTANT'S PROPOSAL ATTACHMENT "C" FEESICOST PROPOSALIRATES *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST PROPOSAL(Envelope#2)• *If necessary,you may attach additional sheets. REQUEST FOR PROPOSAL(RFP#08-20) ON-CALL HISTORIC RESOURCE REPORT SERVICES Responding to Request for Proposal No. 08-20 for providing on-call Historic Resource Report 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: Katie Horak, Principal $ 230 Mary Ringhoff, Project Manager(Senior Historian/Planner) $ 160 Andrew Goodrich Historian Planner $ 145 Evanne St.Charles Historian Planner $ 145 Rosa Lisa Fry, Junior Historian/Planner $ 125 Intern $ 75 Is SUB CONSULTANT PERSONNEL CLASSIFICATIONITITLE: HOURLY RATE: $ $ $ $ Is 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 this Cost Proposal and included In the final Schedule of Compensation as mutually agreed to in the contract, if awarded`). REIMBURSABLE EXPENSE: Cost/Rate., Milea e $ .575/mile Printing and reproduction $ 25-1000 (dependent on project t epe, $ repository reproduction rates,ar d hard copy deliverable regwremen s 17 Postage and delivery $ 25-100(dependent on-hard copy $ deliverable requirements) Is 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: Is $ $ 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 N" Signature of Alithorized Person Printed Name ��1/VLf/�i9t_ Title 2 �29 2D Date 19 EXHIBIT"D" SCHEDULE OF COMPENSATION EXHIBIT"E" SCHEDULE OF PERFORMANCE This is a contract for"on-call"services. The schedule of performance is dependent on the complexity of the project assigned and will be provided in the proposal for each particular project as submitted.