HomeMy WebLinkAboutA6991 - WALKER PARKING CONSULTANTS/ENGINEERS INC - PARKING STUDY CONSULTING SERVICES AGREEMENT
(Parking Study, Operational and Consulting Services)
THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and
entered into on 201Z, by and between the City of Palm Springs, a
California charter city and municipal corporation ("City"), and Walker Parking
Consultants/Engineers, Inc., a Michigan corporation, ("Consultant"). City and
Consultant are individually referred to as "Party" and are collectively referred to as the
"Parties".
RECITALS
A. City requires the services of a professional engineering firm to evaluate
and identify a parking management program for the City's new public parking facilities
located in the Downtown Palm Springs Project, ("Project").
B. Consultant has submitted to City a proposal to provide the professional
parking management evaluation services to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified and desires to provide the necessary services to City for the Project.
D. Citydesires to retain the ser
vices of Consultant for the Project.
J
In consideration of these promises and mutual agreements, City agrees as
follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide professional parking management program and
evaluation services to City as described in the Scope of Services/Work attached to this
Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"),
limited to Task 1 "Parking Operations Best Practices and Recommendations" only; Task
2 "Technology Evaluation and Recommendation" is excluded and may be added to the
scope of work by amendment of this Agreement. Exhibit "A" includes the agreed upon
schedule of performance and the schedule of fees. Consultant warrants that all
services and work shall be performed in a competent, professional, and satisfactory
manner consistent with prevailing industry standards. In the event of any inconsistency
between the terms contained in the Scope of Services/Work and the terms set forth in
this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Consultant services rendered under this
Agreement shall comply with all applicable federal, state, and local laws, statutes and
ordinances and all lawful orders, rules, and regulations.
ORIGINAL BID
720599.1 ANDIOR AGREEMENT Rsv"&4127117
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and
expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant agrees
that it has carefully considered how the work should be performed and fully understands
the facilities, difficulties, and restrictions attending performance of the work under this
Agreement.
2. TIME FOR COMPLETION
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 set forth in Exhibit "A." Consultant shall not be accountable for delays in
the progress of its work caused by any condition beyond its control and without the fault
or negligence of Consultant. Delays shall not entitle Consultant to any additional
compensation regardless of the party responsible for the delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. Consultant shall be compensated and
reimbursed for the services rendered under this Agreement in accordance with the
schedule of fees set forth in Exhibit "A" limited to Task 1 "Parking Operations Best
Practices and Recommendations" only in the total amount of Compensation shall not
exceed Twenty-Four Thousand Dollars ($24,000). Task 2 "Technology Evaluation and
Recommendation" in the amount of Twenty-Five Thousand Dollars ($25,000) is
excluded from the scope and fee of this Agreement, and may be added to the scope
and fee by amendment of this Agreement.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall submit to City an invoice for services rendered prior to the
date of the invoice, no later than the first working day of such month, in the form
approved by City's finance director. Payments shall be based on percent completion
each month as set forth in Exhibit "A" for authorized services performed. City shall pay
Consultant for all expenses stated in the invoice that are approved by City and
consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of
Services/Work is requested by City, Parties shall execute a written amendment to this
Agreement, specifying all proposed amendments, including, but not limited to, any
additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work
product, or work, when required by the enactment or revision of any subsequent law; or
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720599.1
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.
3.4 Appropriations. This Agreement is subject to, and contingent upon,
funds being appropriated by the City Council of City for each fiscal year. If such
appropriations are not made, this Agreement shall automatically terminate without
penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
4.2 Schedule of Performance. All services rendered under this Agreement
shall be performed under the agreed upon schedule of performance set forth in Exhibit
"A." Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered
under this Agreement may be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Consultant, if
Consultant notifies the Contract Officer within ten (10) days of the commencement of
such condition. Unforeseeable causes include, but are not limited to, acts of God or of
a public enemy, acts of the government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather.
After Consultant notification, the Contract Officer shall investigate the facts and the
extent of any necessary delay, and extend the time for performing the services for the
period of the enforced delay when and if, in the Contract Officer's judgment, such delay
is justified. The Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of one
year, commencing on June 12, 2017, and ending on June 30, 2018, unless extended by
mutual written agreement of the parties.
4.5 Termination Prior to Expiration of Term. City may terminate this
Agreement at any time, with or without cause, upon thirty (30) days written notice to
Consultant. Where termination is due to the fault of Consultant and constitutes an
immediate danger to health, safety, and general welfare, the period of notice shall be
such shorter time as may be determined by the City. Upon receipt of the notice of
termination, Consultant shall immediately cease all services except such as may be
specifically approved by the Contract Officer. Consultant shall be entitled to
compensation for all services rendered prior to receipt of the notice of termination and
for any services authorized by the Contract Officer after such notice. Consultant may
terminate this Agreement, with or without cause, upon thirty (30) days written notice to
City.
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5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act and
make all decisions in its behalf with respect to the specified services and work: Steffen
Turoff, Director/Planning Studies. It is expressly understood that the experience,
knowledge, education, capability, 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 under
this Agreement. The foregoing principal may not be changed by Consultant without
prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or
his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the
Contract Officer fully informed of the progress of the performance of the services.
Consultant shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified, any approval of City shall mean the approval of the Contract
Officer.
5.3 Prohibition ion Against Subcontractin
a or Assi nment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and
employees, were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not contract with any other individual or entity to perform
any services required under this Agreement without the City's express written approval.
In addition, neither this Agreement nor any interest may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City.
5.4 Independent Contractor. Neither City nor any of its employees shall
have any control over the manner, mode, or means by which Consultant, its agents or
employees, perform the services required, except as otherwise specified. Consultant
shall perform all required services as an independent contractor of City and shall not be
an employee of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role; however, City shall
have the right to review Consultant's worts product, result, and advice. Consultant shall
not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City.
5.5 Personnel. Consultant agrees to assign the following individuals to
perform the services in this Agreement. Consultant shall not alter the assignment of the
following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager, the City shall have the unrestricted right to order the removal
of any personnel assigned by Consultant by providing written notice to Consultant.
Name: Title:
Steffen Turoff Director, Planning Studies
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Sue Thompson Parking Operations Consultant
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. 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.
7.2 Deslan 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 subcontractors, or arise from Consultant's
negligent, reckless or willful performance of or failure to perform any term, provision,
5 Revised:4127/17
720599.1
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. The Consultant shall require all non-design-professional sub-
contractors, 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 7.1 in favor of the Indemnified Parties. In addition,
Consultant shall require all non-design-professional sub-contractors, 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.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer reports concerning the performance of the services required by this Agreement,
or as the Contract Officer shall require.
8.2 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 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.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this
Agreement shall be the property of City. Consultant shall deliver all above-referenced
documents to City upon request of the Contract Officer or upon the termination of this
Agreement. Consultant shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights or ownership of the
documents and materials. Consultant may retain copies of such documents for
Consultant's own use. Consultant shall have an unrestricted right to use the concepts
embodied in such documents.
8.4 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.
8.5 Cost Records. Consultant shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred while performing under this Agreement. Consultant shall make such materials
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720599.1
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available at its offices at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment for inspection by City and copies shall be
promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both
as to validity and 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.
9.2 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.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of City shall be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant. Any
waiver by either party of any default must be in writing. No such waiver shall be a
waiver of any other default concerning the same or any other provision of this
Agreement.
9.4 Rights and Remedies are 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. The exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
9.5 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 injunctive relief, a declaratory judgment, or any other remedy consistent with the
purposes of this Agreement.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
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720599.1
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10.1 Non-Liability of City Officers and Employees. No officer or employee
of City shall be personally liable to the Consultant, or any successor-in-interest, in the
event of any default or breach by City or for any amount which may become due to the
Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or
employee of the City has or shall have any direct or indirect financial interest in this
Agreement nor shall Contractor enter into any agreement of any kind with any such
officer or employee during the term of this Agreement and for one year thereafter.
Contractor warrants that Contractor 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.
10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination or segregation in the performance of or in connection with this
Agreement regarding any person or group of persons on account of race, color, creed,
religion, sex, marital status, disability, sexual orientation, gender identity, gender
expression, national origin, physical or mental disability, medical condition, or ancestry.
Consultant shall otherwise fully comply with the provisions of Palm Springs Municipal
Code Section 7.09.040 relating to non-discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or
communication that either party desires, or is required to give to the other party or any
other person shall be in writing and either served personally or sent by pre-paid, first-
class mail to the address set forth below. Notice shall be deemed communicated
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
Either party may change its address by notifying the other party of the change of
address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Walker Parking Consultants
606 South Olive Street, Suite 1100
Los Angeles, CA 90014
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and supersedes all other written agreements.
11.3 Amendment. No amendments or other modifications of this Agreement
shall be binding unless through written agreement by all Parties.
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720599.1
11.4 Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be effective and valid under applicable law. In the
event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by valid
judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Agreement, which shall be interpreted to carry out the
intent of the parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure
to the benefit of the Parties' successors and assignees.
11.6 Third Party Beneficiary. Except as maybe expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this
Agreement be construed as conferring, any rights, including, without limitation, any
rights as a third-party beneficiary or otherwise, upon any entity or person not a party to
this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges
and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement on behalf of Parties and
that by so executing this Agreement the Parties are formally bound to the provisions of
this Agreement.
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720599.1
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
dates stated below.
"CITY"
City of Palm Springs
Date: B . /
T� t David H. Ready, PhD
pity Manager
APPROVED O FO ATTEST
By: By:
Edward Z. Kotkin, Kathleen D. Hart, MMC
City Attorney Interim City Clerk
�ppRpuEp BY CRY MWGER
"CONSULTANT"
Walker Parking Consultants
Date: By : *4
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EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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720599.1
WALKER 606 South Olive Street,Suite 1100
PARKING CONSULTANTS Los Angeles,CA 90014
Office: 213.488.4911
Fax: 213.488.4983
www.walkerporking.com
June 1, 2017
Marcus L. Fuller, MPA, PE, PLS
Assistant City Manager
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Proposal for Parking Study, Operational and Consulting Services
City of Palm Springs
Dear Mr. Fuller:
Walker Parking Consultants (Walker) is pleased to submit the following proposal for
parking consulting services for the City of Palm Springs (the "City").The following proposal
includes our understanding of the City's needs for the engagement, our proposed scope
of services to address those needs, our fee, and proposed schedule.
PROJECT UNDERSTANDING
The City of Palm Springs' parking program serving its downtown includes +919 public
parking spaces in both a garage and surface parking lots. Of these parking spaces,
approximately 619 spaces are City owned with the remaining ±300 spaces owned by
private entities. The City is nearing completion of the newly redeveloped Downtown
Palm Springs commercial retail center which encompasses a total of +20.15 acres and
will provide retail and office commercial space, public plazas, professional office space
and residential development designed to generate more activity and vibrancy in the
center of Palm Springs.
The City is requesting that Walker provide recommendations on managing and
regulating the public parking areas, taking into consideration industry best practices for
operations and customer service as well as current technology solutions as appropriate.
The public parking areas are scheduled to reopen in the Summer of 2017, and the City is
seeking a parking plan that specifically provides solutions to several challenges, while
taking into account contractual obligations that parking must remain free of charge, a
challenge for parking management as paid parking is often used by cities to manage
parking demand.
WALKER Mr. Marcus Fuller
PARKING CONSULTANTS June 1,2017 2
Page 2
With regard to its downtown parking system the City seeks to answer the following
questions:
• Determination of appropriate time limits on parking spaces-what should the
recommended time limit regulations be and how should they be enforced to
ensure that convenient parking is available for customers?
• Due to safety/security issues, and potential vagrancy issues, what regulations or
policies for closure of public parking spaces (currently 3am-6am) should the City
put in place to allow patrons to use Lyft/Uber/taxi, leaving their vehicle parked
overnight, rather than driving home?
• How and where should employee parking areas be identified and effective
employee parking permit policies be developed to ensure reasonable parking
availability for employees and discouraging employees from using visitor
spaces? and
• How can best practices in parking operations and enforcement, with the help of
current, proven technology to monitor and enforce the parking program
policies, be used to meet the City's goals?
The City's development partner prepared a conceptual parking management plan that
recommends a three-hour parking limit for all public parking spaces as well as designated
employee parking areas. One of the conditions of the City's public/private financing
agreement is agreement on parking regulations; certain conditions regarding public
parking operations are identified in the grant deed that has conveyed the formerly
private parking garages to the City as public parking.
The goal of the recommendations provided by Walker should be to provide for efficient
and effective management of the operation of the public parking,which ensures spaces
are highly utilized with a proper amount of parking availability, controlling over-time limit
usage and employee mis-use, while accommodating overnight parking for patrons if
needed. The City would like to have a final report no later than July 31, 2017.
SCOPE OF SERVICES
TASK 1 - PARKING OPERATIONS BEST PRACTICES AND RECOMMENDATIONS
3.1. Visit the site and meet with the City and staff most familiar with the parking
operation and its needs to gain a better understanding of current and expected
future conditions, past issues, and functional and/or operational challenges that
are anticipated.
3.2. Receive plans of the site in PDF and .dwg formats if available. Review operational
layout, usage and control of existing parking facilities within the study area.
3.3. Review the current/proposed parking management policies, strategies, and
methods of operation which may include the following:
a. Basic physical structure and operation;
WALKER Mr. Marcus Fuller
2017
PARKING CONSULTANTS June 1,Page
Page 3
3
b. Methods of designating parking areas;
c. Potential for shared parking (i.e. use of spaces by different groups at
different times);
d. Enforcement of parking areas;
e. Methods of allocating/assigning parking;
f. Weekday and weekend parking needs;
g. Strategies for controlling the use of parking facilities;
h. Valet parking operations and primary curb side management policies and
use;
i. Reserved Parking policies
3.4. Identify and present best practices used at other parking operations for
consideration by the City.
3.5. Provide the City with a draft memo that summarizes recommendations on parking
operations improvements. Recommendations will include, as appropriate, a
discussion of technology (ies) that will facilitate the implementation of the
recommendations as well as a general discussion of operational costs.,
3.6. Meet with the City to discuss the draft letter report and provide a final report that
addresses the feedback received from the meeting and/or one set of written
comments provided by City staff.
TASK 2-TECHNOLOGY EVALUATION AND RECOMMENDATION ITask 2 Excluded at this time
Operational and enforcement-related efficiencies, improvements in wayfinding, and
other customer service enhancements may be provided by installation of technologies
such as License Plate Recognition (LPR), Parking Access and Revenue Control Systems
(PARCS), Automated Parking Guidance Systems (APGS), and other types of leading
edge (but proven) parking system technology. Walker will:
4.1. Conduct a site visit and meet with City staff to discuss types of technology
available and what may work best to meet the City's needs;
4.2. Discuss operating goals and methodologies:
a. Operating hours, staffing requirements, and parking regulation and rate
policies (recognizing a requirement that the City will not charge for parking
in any parking areas);
b. Existing commercial parking operator agreements, if any;
c. Facility design characteristics that may affect technology;
This task does not include a definition or specifications of a recommended technology, pricing,
or assistance in procurement, but rather a description of the technology best suited to implement
the recommendations.
WALKER Mr. Marcus Fuller
2017
PARKING CONSULTANTS June 1,Page ge 4
4
d. Definition of parking user groups;
e. Validation procedures and obligations (if applicable);
f. Feasibility of implementing various technologies to enhance the operation;
g. Regulations and revenue control policies and procedures (if and as
applicable);
4.3. Provide an opinion of the technologies that should be implemented to achieve
the City's operational goals and objectives?
4.4. Provide an Opinion of Probable Costs (OPC) to procure and implement the
recommended technologies;
4.5. Prepare a draft technical memo which details findings and recommendations for
review by the City;
4.6. Teleconference with the City to discuss the draft letter report and prepare a final
report that addresses the feedback received from the meeting;
4.7. Submit the final memo and final OPC.
This task includes system evaluation and recommendations only, Walker can 12rovmde
technology system specifications. bid documents, and assistance with procurement as
an additional service.
SCHEDULE
Assuming timely responses to requests for information, data and meetings,we anticipate
completion of a draft report within six weeks of receipt of a signed agreement.
PROFESSIONAL FEE ITask 2 Excluded at this time
Walker proposes to provide the services described herein under Tasks 1 - 5 for a lump-
sum fee, shown below by task, plus reimbursable expenses, estimated at $1,500 per task
in accordance with the attached General Conditions of Agreement.
Tasks for Parkina Study Proposed Fee
Task 1: Parking Operations/Best Practices $22,500
Task 2: Technology Evaluation and Recommendation $23,500
Fees will be billed monthly based on the percentage of work completed. The City may
terminate this agreement at any time; upon termination, Walker will be paid for all work
completed prior to the termination date.
2 Walker is "vendor agnostic," and strives to provide a third-party, objective evaluation of the
technologies that we believe will best meet the City's operational and budgetary needs.
WALKER Mr. Marcus Fuller
2017
PARKING CONSULTANTS June 1,Page
Page 5
5
This budget includes the time associated with up to two site visits per task if necessary.
Any additional services not described in this proposal which the City expressly authorizes
in writing will be performed at our standard hourly rates for basic services in effect at the
time.
We hope to have the opportunity to assist you with this project. Trusting that this meets
your approval, we ask that you sign in the space below to acknowledge your
acceptance of the terms contained herein. To confirm your authorization for us to
proceed, please sign and return one copy, signifying your acceptance and
authorization for us to proceed.
Our goal is your complete satisfaction. If any part of this proposal does not address your
needs, please let us know and we will do our best to adjust our proposal as necessary.
Sincerely,
WALKER PARKING CONSULTANTS
Steffen Turoff Sue Thompson
Director, Planning Studies Parking Operations Consultant
Pacific Region
Enclosures: General Conditions of Agreement for Consulting Services
AUTHORIZATION
Trusting that this meets with your approval, we ask that you indicate the task(s) desired with an
"X," sign in the space below to acknowledge your acceptance of the terms contained herein,
and to confirm your authorization for us to proceed. Please return one signed original of this
agreement for our records.
Authorization of Task 1 Parking Operations Best Practices and Recommendations
Authorization of Task 2 Technology Evaluation and Recommendations:
The City of Palm Springs
Accepted by (Signature):
Printed Name:
Title:
Date:
GENERAL CONDITIONS OF AGREEMENT WALKER
FOR CONSULTING SERVICES PARKING CONSULTANTS
PAGE 6 OF 6
SERVICES
Walker Parking Consultants ("WALKER") will provide the CLIENT professional services that are limited to the
work described in the attached letter("the services"). Any additional services requested will be provided
at our standard hourly rates or for a mutually agreed lump sum fee. The services are provided solely in
accordance with written information and documents supplied by the CLIENT, and are limited to and
furnished solely for the specific use disclosed to us in writing by the CLIENT. No third-party beneficiary is
contemplated. All documents prepared or provided by WALKER are its instruments of service, and any
use for modifications or extensions of this work,for new projects,or for completion of this project by others
without WALKER's specific written consent will be at CLIENT's sole risk.
PAYMENT FOR SERVICES
WALKER will submit monthly invoices based on work completed plus reimbursable expenses.
Reimbursable expenses will be billed at the cost of travel and living expenses, purchase or rental of
specialized equipment, photographs and renderings, document reproduction, postage and delivery
costs, long distance telephone and facsimile charges, additional service consultants, and other project
related expenses. Payment is due upon receipt of invoice. If for any reason the CLIENT does not deliver
payment to WALKER within thirty (30) days of date of invoice, WALKER may, at its option, suspend or
withhold services.The CLIENT agrees to pay WALKER a monthly late charge of one and one half percent
(1'/2%) per month of any unpaid balance of the invoice.
STANDARD OF CARE
WALKER will perform the services in accordance with generally accepted standards of the profession
using applicable building codes in effect at time of execution of this Agreement. WALKER's liability
caused by its acts, errors or omissions shall be limited to the fee or$10,000,whichever is greater.
Any estimates or projections provided by WALKER will be premised in part upon assumptions provided by
the CLIENT. WALKER will not independently investigate the accuracy of the assumptions. Because of the
inherent uncertainty and probable variation of the assumptions,actual results will vary from estimated or
projected results and such variations may be material. As such, WALKER makes no warranty or
representation, express or implied,as to the accuracy of the estimates or projections.
PERIOD OF SERVICE
Services shall be complete the earlier of (1) the date when final documents are accepted by the CLIENT
or (2) thirty (30) days after final documents are delivered to the CLIENT.
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
13 Revised:4/27/17
720599A
INSURANCE
1. Procurement and Maintenance of Insurance. Consultant shall
procure and maintain public liability and property damage insurance against all claims
for injuries against persons or damages to property resulting from Consultant's
performance under this Agreement. Consultant shall procure and maintain all insurance
at its sole cost and expense, in a form and content satisfactory to the City, and submit
concurrently with its execution of this Agreement. Consultant shall also cant' workers'
compensation insurance in accordance with California workers' compensation laws.
Such insurance shall be kept in full force and effect during the term of this Agreement,
including any extensions. Such insurance shall not be cancelable without thirty (30)
days advance written notice to City of any proposed cancellation. Certificates of
insurance evidencing the foregoing and designating the City, its elected officials,
officers, employees, agents, and volunteers as additional named insureds by original
endorsement shall be delivered to and approved by City prior to commencement of
services. The procuring of such insurance and the delivery of policies, certificates, and
endorsements evidencing the same shall not be construed as a limitation of
Consultant's obligation to indemnify City, its elected officials, officers, agents,
employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance
required under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at
least one million dollars ($1,000,000.00) combined single limit coverage per occurrence
and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million
dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of
at least one million dollars ($1,000,000.00) per claim and two million dollars
($2,000,000) annual aggregate is:
X required
is not required;
4. Workers' Compensation insurance in the statutory amount as
required by the State of California and Employer's Liability Insurance with limits of at
least one million dollars $1 million per occurrence. If Consultant has no employees,
Consultant shall complete the City's Request for Waiver of Workers' Compensation
Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement,
Consultant's insurance coverage shall be primary with respect to the City and its
respective elected officials, officers, employees, agents, and volunteers. Any insurance
or self-insurance maintained by City and its respective elected officials, officers,
14 Revised:4/27117
720599.1
employees, agents, and volunteers shall be in excess of Consultant's insurance and
shall not contribute with it. For Workers' Compensation and Employer's Liability
Insurance only, the insurer shall waive all rights of subrogation and contribution it may
have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is
required, and if Consultant provides claims made professional liability insurance,
Consultant shall also agree in writing either (1) to purchase tail insurance in the amount
required by this Agreement to cover claims made within three years of the completion of
Consultant's services under this Agreement, or (2) to maintain professional liability
insurance coverage with the same carrier in the amount required by this Agreement for
at least three years after completion of Consultant's services under this Agreement.
Consultant shall also be required to provide evidence to City of the purchase of the
required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be
provided by authorized insurers in good standing with the State of California. Coverage
shall be provided by insurers admitted in the State of California with an A.M. Best's Key
Rating of B++, Class VI I, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Consultant shall furnish City with both
certificates of insurance and endorsements, including additional insured endorsements,
effecting 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
15
Revised:4/27117
720599.1
such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" is not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of City, its elected officials, officers,
employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the
City before work commences. All certificates of insurance must be authorized by a
person with authority to bind coverage, whether that is the authorized agentibroker or
insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Consultant's obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City prior to commencing
any work or services under this Agreement. At the option of the City, either (1) the
insurer shall reduce or eliminate such deductibles or self-insured retentions with respect
to the City, its elected officials, officers, employees, agents, and volunteers; or (2)
Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, and defense expenses. Certificates of Insurance
must include evidence of the amount of any deductible or self-insured retention under
the policy. Consultant guarantees payment of all deductibles and self-insured
retentions.
8. Severability of Interests (Separation of Insureds). This insurance
applies separately to each insured against whom claim is made or suit is brought except
with respect to the limits of the insurer's liability.
16 Revised:4127/17
720599.1