HomeMy WebLinkAboutA6750 - JENSEN HUGHES - AON FIRE PROTECTION ENGINEERING CORP ASSIGNMENT, CONSENT AND AMENDMENT
AGREEMENT#6750
This Assignment, Consent and Amendment (this "Consent") is entered into as of
3UV\L ck , 2016, by and among Aon Fire Protection Engineering ("AFPE") and
Jensen Hughes, Inc. ("JH"), and the City of Palm Springs (CITY).
RECITALS
A. CITY and AFPE have entered into a Service Agreement dated January 12, 2016
(referred to as the "Agreement"). AFPE agreed to provide On-call Fire Protection Engineer
Design Services for a variety of future public works projects throughout CITY.
13. AFPE and JH have entered into an Asset Purchase Agreement dated March 31, 2016
(the "APA"), pursuant to which JH will acquire all right, title and interest in and to substantially all
of the assets of, and assume certain liabilities associated with, AFPE's California operations
effective as of March 31, 2016 (the "Transaction").
C. AFPE and JH desire, in connection with the transaction, to have AFPE assign to JH all
of AFPE's rights and obligations under the Agreement, and to have JH assume such rights and
obligations, and CITY wishes to consent to such assignment and assumption.
D. As part of such assignment and assumption, the parties wish to amend the Agreement
under the terms and conditions here under.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, the parties hereto, intending to be legally bound, hereby agree as follows:
AGREEMENT
1. Continuation of Provisions. Except as expressly set forth herein, all other terms and
conditions of the Agreement will remain in full force and effect.
2. Assipnment and Assumption.
a. Assipnment. AFPE hereby assigns and transfers over to JH all right, title and
interest in and to the Agreement and JH hereby accepts such assignment and transfer.
b. Assumption. JH hereby agrees to be bound by all the terms of, and to undertake
and perform all the obligations of AFPE contained in the Agreement that required performance
from and after March 31, 2016.
C. Consent. CITY hereby consents and agrees to the assignment to JH by AFPE of
all of AFPE's rights and obligations under the Agreement and to the substitution of JH for AFPE
as a party to the Agreement. CITY specifically agrees that AFPE assignment of its rights and
obligations under the Agreement to AFPE will not constitute a default under the Agreement or
permit cancellation of the Agreement by CITY. CITY acknowledges and agrees that as of the
Effective Date, neither CITY nor AFPE is not in default of any of its obligations under the
ORIGINAL BID
"n/0R AGREEMENT
Agreement and CITY is not aware of any fact or circumstance that is reasonably likely to give
rise to a default by JH under the Agreement.
3. Amendment. Notwithstanding anything contained in the Agreement to the contrary, all
notices to Contractor shall be sent to:
Jensen Hughes, Inc.
11770 Bernardo Plaza Court
Suite 116
San Diego, CA 92128
Attn: Garner A. Palenske, P.E.
4. General.
a. Effective Date. This Consent shall become effective immediate upon the closing (as
defined in the APA).
b. Entire Agreement. The Agreement, as amended by this Consent, constitutes the
complete and exclusive statement of the agreement among the parties with respect to the
subject matter hereof, and supersedes all prior and contemporaneous proposals and
understandings, oral and written, relating to the subject matter contained therein.
c. Counterparts. The parties may execute this Consent in two or more counterparts (no
one of which need contain the signatures of all parties), each of which will be an original and all
of which together will constitute one and the same instrument. Facsimile, "pdf' and other
electronic signatures shall be deemed to be and shall be treated for all purposes as original
signature pages.
IN WITNESS WHEREOF, the parties have executed this Consent by their duly
authorized representatives as of the date first written above.
Aon Fire Protection Engineering Corporation Jensen Hug Inc.
By: N/A By:
Its: Acquired byJENSEN HUGHES 4/1/2016 Its: Garner A. Palenske P.E. Vice President
May 10, 2016
/ City of Palm Springs
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Its: W<
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CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
ON-CALL FIRE PROTECTION ENGINEER DESIGN SERVICES
THIS PROFESSIONAL SERVICES AG EEMENT (hereinafter "Agreement") is made and
entered into, to be effective this day of 210 '�o , 29*5,by and between the CITY OF
PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City")
and Aon Fire Protection Engineering Corporation, (hereinafter referred to as "Consultant"). City and
Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively
referred to as the "Parties."
RECITALS
A. City has determined that there is a need for As-Needed, "On-Call" Fire Protection
Engineer Design Services for a variety of future public works projects, (hereinafter the "Project").
B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call" Fire
Protection Engineer Design Services for a variety of future public works 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
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
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ORIGINAL BID
ANDIOR AGREEMENT
Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest
priority document, which shall be determined in the following order of priority: (1") the terms of this
Agreement; (2ntl) 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"1; and, (4"') 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.
1.8 Performance of Services. City Manager or the City Engineer of the City, 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 City Engineer to the Consultant, incorporating therein the identification and
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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 city 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 City
Engineer or the City Manager as provided in this Section 2.1. For the services rendered pursuant to
this Agreement, the Consultant shall be compensated in accordance with the "Schedule of
Compensation" attached hereto as Exhibit"D" and incorporated herein by this reference.
The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment for
time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit
"D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation
shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone
expense, transportation expense, and all other necessary expenditures required to perform the
professional services under this Agreement. Compensation shall include the attendance of Consultant
at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to
any additional compensation for attending said meetings. Consultant hereby acknowledges that it
accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly
or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional
compensation therefore.
It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject
to the number and type of city 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 city 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
Page 3 of 60
services (pursuant to Schedule "D°) necessary for city projects. Subject to existing cost limits
established by municipal code.
2.2 Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment,
no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form
approved by the City's Finance Director, an invoice for services rendered prior to the date of the
invoice. Such requests shall be based upon the amount and value of the services performed by
Consultant and accompanied by such reporting data including an itemized breakdown of all costs
incurred and tasks performed during the period covered by the invoice, as may be required by the City.
City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt
of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one
payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is
requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth
with particularity all terms of such amendment, including, but not limited to, any additional professional
fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or
other work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other work product, or
work; and/or (b) to provide for additional services not included in this Agreement or not customarily
furnished in accordance with generally accepted practice in Consultant's profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement.
If such appropriations are not made, the City Manager may terminate this Agreement as provided in
Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and
Consultant shall not be entitled to payment for any work or services that Consultant may provide.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The
time for completion of the services to be performed by Consultant is an essential condition of this
Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according
to the agreed upon Schedule of Performance for each Task Order.
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all Services within the time
period(s) established in the Schedule of Performance. When requested by Consultant, extensions to
the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract
Officer, but Such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the
City shall not be obligated to grant such an extension.
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
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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. Garner A. Palenske, P.E. - Principal . It is expressly understood that the experience,
knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial
inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be
responsible during the term of this Agreement for directing all activities of Consultant and devoting
sufficient time to personally supervise the services performed hereunder. The foregoing principal may
not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by
the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's
responsibility to ensure that the Contract Officer is kept fully informed of the progress of the
performance of the Services, and the Consultant shall refer any decisions which must be made by City
to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder
shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge,
capability, expertise, and reputation of Consultant, its principals and employees, were a substantial
inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the
performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by
operation of law, without the prior written consent of City. Consultant shall not contract with any other
entity to perform the Services required under this Agreement without the prior written consent of City. If
Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for
persons directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor 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.
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4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent contractor,
and nothing herein shall be deemed to make Consultant a City employee. During the performance of
this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity
and shall not act as City officers or employees. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of its officers, employees, or agents, except as set forth in this Agreement.
Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed
business location at City's offices. City shall have no voice in the selection, discharge, supervision, or
control of Consultant's employees, servants, representatives, or agents, or in fixing their number,
compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its
employees in connection with this Agreement and shall be responsible for all reports and obligations
respecting them, including but not limited to social security income tax withholding, unemployment
compensation, workers' compensation, and other similar matters. City shall not in any way or for any
purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a
member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or
liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or
agents in connection with any performance under this Agreement. Except for professional fees paid to
Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation
to Consultant for the performance of Services under this Agreement. City shall not be liable for
compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness
arising out of performing Services hereunder. If for any reason any court or governmental agency
determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8
herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants,
representatives, subcontractors, 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) aggregate, in accordance with
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the provisions of this Section 5.
(1) 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.
(2) In the event the policy of insurance is written on an "occurrence' basis, the
policy shall be continued in full force and effect during the term of this Agreement, or until completion of
the Services provided for in this Agreement, whichever is later. In the event of termination of the policy
during this period, new coverage shall immediately be obtained to ensure coverage during the entire
course of performing the Services under the terms of this Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full
force and effect throughout the term of this Agreement, workers' compensation insurance in at least the
minimum statutory amounts, and in compliance with all other statutory requirements, as required by the
State of California. Consultant agrees to waive and obtain endorsements from its workers'
compensation insurer waiving subrogation rights under its workers' compensation insurance policy
against the City and to require each of its subcontractors, 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 coverage's for contractual liability, personal injury, independent contractors, 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.
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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 Commercial General Liability and
Business Automobile 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 by Consultant to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to City and its
officers, council members, officials, employees, agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to
this Agreement are intended to apply to each insured, including additional insureds,
against whom a claim is made or suit is brought to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its operations
shall limit the application of such insurance coverage.
5.3.4 None of the insurance coverages required herein will be in compliance with these
requirements if they include any limiting endorsement which substantially impairs the
coverages set forth herein (e.g., elimination of contractual liability or reduction of
discovery period), unless the endorsement has first been submitted to the City Manager
and approved in writing.
5.3.5 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 subcontractors, 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 subcontractors 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.
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5.3.9 Requirements of specific insurance coverage features or limits contained in this section
are not intended as limitations on coverage, limits, or other requirements nor as a waiver
of any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue, and is
not intended by any party or insured to be limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this section.
5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the Work performed under 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.
5.3.12 Consultant agrees that the provisions of this Section 5 shall not be construed as limiting
in any way the extent to which the Consultant may be held responsible for the payment
of damages resulting from the Consultant's activities or the activities of any person or
person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized
insurers in good standing with the State of California. Coverage shall be provided by insurers admitted
in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such
requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting all of the coverages
required by this Agreement. The certificates and endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and
approved by the City before work commences. The City reserves the right to require Consultant to
provide complete, certified copies of all required insurance policies at any time for inspection in a
mutually agreeable location in the Coachella Valley, California. 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. (In the case of Commercial General Liability and Business Automobile coverages) "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. . Consultant shall provide thirty (30) days prior written notice to City of any cancellation,
non-renewal, or any other material change of any policy or policies. Consultant agrees that failure to so
notify City is a material breach of this Agreement, terminable by the City without notice or opportunity to
cure regardless of any other provision to the contrary provided in this Agreement. .
Page 9 of 60
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.
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 agent1broker or insurance underwriter. Failure to obtain the
required documents prior to the commencement of work shall not waive the Consultant's obligation to
provide them
6. INDEMNIFICATION
6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees,
agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities,
actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages,
demands, orders, penalties, and expenses including legal costs and attorney fees (collectively
"Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's
employees included), for damage to property, including property owned by City, 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 subcontractors, or arise
from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision,
covenant or condition of this Agreement ("Indemnified Claims'), but Consultant's liability for Indemnified
Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful
misconduct of the City and its elected officials. Officers, employees, agents and volunteers.
B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures,
including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified
Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant
Page 10 of 60
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-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 6.1 in favor of the
Indemnified Parties. In additions, 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.
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 cast 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, subcontractors, 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
subcontractors 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.
Page 11 of 60
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.
B. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue.This Agreement shall be construed and interpreted both as
to validity and as to performance of the Parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such County, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposes of the Parties. The terms of
this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule
of construction of contracts (including, without limitation, California Civil Code Section 1654) that
ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of
this Agreement. The caption headings of the various sections and paragraphs of this Agreement are
for convenience and identification purposes only and shall not be deemed to limit, expand, or define the
contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for its convenience at any time,
without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such
notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt
of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice
provides otherwise. Thereafter, Consultant shall have no further claims against the City under this
Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the
City an invoice for work and services performed prior to the date of termination. In addition, the
Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty
(60) days written notice to the City, except that where termination is due to material default by the City,
the period of notice may be such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant's failure to comply with any provision of this Agreement shall
constitute a default.
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
Page 12 of 60
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 8.4.6, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the
extent that the total cost for completion of the Services required hereunder exceeds the Maximum
Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and
City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the
amounts owed the City as previously stated. The withholding or failure to withhold payments to
Consultant shall not limit Consultant's liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing
and signed by a duly authorized representative of the Party against whom enforcement of a waiver is
sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term
contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default
or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the
covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this
Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are
cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude
the exercise by it, at the same or different times, of any other rights or remedies for the same default or
any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal
action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement.
8.8 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in
addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable
costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court
costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered
in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or
petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or
hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
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.
Page 13 of 60
9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest,
direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any corporation,
partnership, or association in which he/she is, directly or indirectly, interested in violation of any state
statute or regulation. Consultant warrants that it 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 race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall
ensure that applicants are employed, and that employees are treated during their employment, without
regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions
shall include, but not be 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.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permissible under law, and in lieu of any other warranty by
City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that
Consultant shall defend at its expense any claim or suit against City on account of any allegation that
any item furnished under this Agreement, or the normal use or sale thereof arising out of the
performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright
and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that
Consultant is promptly notified in writing of the suit or claim and given authority, information and
assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out
of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant.
However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a
deliverable, such that City's alteration of such deliverable created the infringement upon any presently
existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other
material not provided by Consultant when it is such use in combination which infringes upon an existing
U.S. letters patent or copyright.
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
Page 14 of 60
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, California92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: Aon Fire Protection Engineering Corporation
Attention: Garner A. Palenske, P.E.
11770 Bernardo Plaza Court, Suite 116
San Diego, CA 92128
Telephone: (858) 673-5845
Facsimile: 858-673-5849
Email: garner.palenske@aon.com
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties and supersedes all prior negotiations, arrangements, agreements, representations, and
understandings, if any, made by or among the Parties with respect to the subject matter hereof. No
amendments or other modifications of this Agreement shall be binding unless executed in writing by
both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted
in such a manner as to be effective and valid under applicable law, but if any provision of this
Agreement shall be determined to be invalid by a final judgment or decree of a court of competent
jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without
invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the
invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain
or renders this Agreement meaningless.
10.5 Successors in Interest.This Agreement shall be binding upon and inure to the benefit
of the Parties' successors and assignees.
10.6 Third Party Beneficiary.Except as may be expressly provided for herein, nothing
contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring,
any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any
entity or person not a party hereto.
10.7 Recitals.The above-referenced Recitals are hereby incorporated into the Agreement as
though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for
purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the
Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is
duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is
signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound
to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any
provision of any other Agreement to which the Party for which he or she is signing is bound.
Page 15 of 60
(SIGNATURES ON FOLLOWING PAGE)
Page 16 of 60
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 OF PALM SPRINGS, CA
By By
City Clerk City Manager
Date: Date:
B-,�]JAA4 44&1
City Engi eer
Date: l I 111i
APPROVED AS TO FORM: APPROVED �BY CITY COUNCIL:
Date: Agreement No.
�
City Attorney
Date: /J' -7 / •�w /<-�
CONSULTANT
Name: Aon Fire Protection Engineering Corporation
Check one: _Individual _Partnership 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: 11770 Bernardo Plaza Court Suite 116
San Diego, CA 92128
By: �(J` cBy:
Signature (notarized)/ Sii atur not rized)
G Name: e G • 'IGNAd Ile= Name:
Title: / /coj�� G��J Title. C NIGF r1✓RNC141— OF57C44C-
Page 17 of 60
CALIFORNU ALL43URPOSE ACKNOWLEDGMEMT CIVIL CODE§1189
A^may pudic or other olfiow oa+Fl"this coraTicste verifies adf the idwyay of the it6vxkW wfto sipped the
dowanent to which this cerilloffie a attached and riot lute tnrhftiin a.accuracy.or vaidty of that doounent.
State of IBM,- lim '-i I✓t1 )
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subscribed to the within instrument and acknowledged to me that herahs/Mey executed the earns in
haAw/thei authorized cepscity(ea),and that by hra/herRheiir eignahurs(s)on the iinatnxnarrt the peraan(s).
or the entity upon behalf of which the peracn(s)acted,executed the instrument-
I certify under PENALTY OF PERJURY under the Is"
of the State of CaWomsa that the foregoing paragraph
_ is true and correct
WITNESS my hand and official seat.
7TARY LLN018 Signature
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OP71ONAL
Though this ascbo is ophonar.oompb6Yrg this wdiw ns6on can deter alteration of the document or
fraudulent raettachmant of this form to an rmintorwfed document.
Description of Attached Doaanent
This or Type of Doctanent Document Date:
Member of Pages: Signer(s) Other Than Named Above:
Capacity(ee)Cleaned by Signer(a)
Signer's Name: Signefa Name:
❑Corporals Officer —Tntle(a)_ ❑corporate Officer —Tille(a):
❑Partner— ❑Limited ❑General ❑Partner— ❑united ❑General
❑Individual ❑Atthmey in Fad ❑Individual ❑Attomay in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other. C1 Other.
Signer Is Representing: Signer n Representing:
®2014 NffWm l Notary Aaec ubm-w .Hsbm a8Jotwywg-1-004U0 NOTARY(I-ODD-875-M7) Item MA07
Page 18 of 60
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide As-Needed, On Call Fire Protection Engineer Design Services to the City of Palm
Springs. These services will be on an intermittent as-needed basis. The scope of work is generally described
as follows:
Consultant must be a licensed California Fire Protection Engineer (FPE) consultant that has extensive
experience in fire alarm design. The successful consultant will provide design and consulting services
related to designing new, or upgrading existing, fire alarm systems located in City facilities. The scope of
consultant's services shall be to provide designs, plans, technical specifications, and drawings which comply
with local fire authority plan review and permitting requirements, and assist with document
preparation necessary to provide potential fire alarm contractors sufficient information to bid the projects. All
designs shall comply with applicable chapters of the 2013 California Fire Code, 2013 NFPA 72 National Fire
Alarm and Signaling Code and the 2013 California Electric Code.
Consultant may assist the City with various assignments including but not limited to:
1. Provide registered engineer for preparation of all requested plans, reports or opinions.
2. Understanding of current state and federal law with respect to the California Fire Codes, Alarms, Fire
Protection and signaling codes.
3. Preparation of plans and specifications, recommendations for future projects and or assist with existing
work in progress.
Consultant shall, upon request of City, provide proposal for the requested project. The proposal shall include
Not to Exceed Cost based upon Exhibit D hourly rates, time for completion and schedule of work. At the
conclusion of each project, Consultant shall submit to City a project completion file which contains all required
project information, forms, certifications, communications, utility contacts, etc. An electronic version of the
project plans and specifications (if any) shall also be submitted in accordance with City requirements.
Work shall include "kickoff" periodic coordination meetings, construction site visits, final project closeout and
billing shall be monthly.
Responsibilities of the City:
1. The City will direct the development of individual projects in writing, provide management oversight,
coordinate with third party consultants as needed and conduct administrative arrangements.
2. The City will provide Consultant with a brief scope of work for specific federally funded and/or locally
funded projects as needed for City projects for Consultant's use in preparing a cost and time schedule
estimate based upon billable hours and rates pursuant to this Agreement. If satisfactory, the City shall
provide a written acceptance of Consultant's estimate and issue a separate Notice to Proceed as a
Task Order. Alternately, the City may issue a Task Order to perform work without an estimate due to
the nature of the project. All work will be based on the approved agreement.
3. The City will pay an agreed upon amount normally within 30 days after receipt of an approved
invoice(s). The City may retain 5% of each invoice on as case by case basis for Task Orders that have
been negotiated based on scope of work if the City feels it is appropriate.
4. The City will not be able to provide dedicated workspace facilities i.e. office space.
5. The City reserves the right to perform any portion of the scope of work with City personnel and/or by
other Consultants.
END OF EXHIBIT "A"
Page 19 of 60
EXHIBIT "B"
CITY'S REQUEST FOR PROPOSALS
CITY'S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE
Page 20 of 60
CITY OF PALM SPRINGS, CA
NOTICE INVITING REQUEST FOR PROPOSALS
For
ON-CALL FIRE PROTECTION ENGINEER DESIGN SERVICES (RFP 10-15)
NOTICE IS HEREBY GIVEN that Request for proposals (RFP 10-15), for providing On-Call Fire
Protection Engineer Design Services for the City of Palm Springs, CA and will be received at the Office
of Procurement & Contracting, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, California,
until 3:00 P.M. Local Time, THURSDAY, JULY 16, 2016. Proof of receipt before the deadline is a City
of Palm Springs, Department of Procurement and Contracting time/date stamp. It is the responsibility
of the Proposer to see that any proposal sent through the mail, or by any other delivery method, shall
have sufficient time to be received by the Procurement Office prior to the proposal due date and time.
Note that City Hall is open Monday thru Thursday and is closed every Friday, weekends and holidays.
Late proposals will be returned unopened.
DESCRIPTION OF WORK: The work is comprised of providing On-Call Fire Protection Engineer
Design Services for various City facilities located throughout the City. The City may select, at its sole
discretion, more than one firm (or individual) and the term of the agreement may be up to a 5 year
period.
OBTAINING RFP DOCUMENTS AND REGISTRATION:
The RFP document may be downloaded via the internet at the following direct page link
http://www.paimsprines-ca.gov/index.aspx?page=85 (or by visiting www.palmspringsca.gov and clicking on
Government, then Departments, then Procurement and then open Bids and Proposals). Upon
downloading the document it is IMPERATIVE that you contact Leigh Gileno, Procurement Specialist ll,
via email at Lei ph.Gileno&almspringsca.gov or by phone at (760) 322-8374 to officially register for
this specific project with your company name, address, phone, fax, contact person and email
address. Failure to officially register may result in not receiving addenda to the RFP. Failure to
acknowledge addenda to the RFP may render your proposal as non-responsive-
SELECTION PROCESS AND AWARD OF CONTRACT: This solicitation has been developed in the
Request for Proposals (RFP) format. Accordingly, firms should take note that multiple factors as
identified in the RFP will be considered by the Evaluation Committee to determine which proposal(s)
best meet the requirements set forth in the RFP document. PRICE IS NOT EVALUATED AS PART OF
THE EVALUATION CRITERIA. The City reserves the right to negotiate the terms and conditions of
any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The
selected firm(s) will be required to comply with all insurance and license requirements of the City.
All expenses associated with the preparation, submission of an RFP proposal to the City, or
participation in any presentations, interviews or any other element of the RFP process shall be the sole
financial responsibility of the Proposer.
in
Procurement Specialist II
City of Palm Springs
Procurement&Contracting Dept.
June 16,2015
Page 21 of 60
RALM
0151YS�
CITY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS #10-16 for
ON-CALL FIRE PROTECTION ENGINEER DESIGN SERVICES
Request for proposals (RFP 10-15), for as needed, On-Call Fire Protection Engineer Design Services
to the City of Palm Springs, CA will be received at the Office of Procurement & Contracting, 3200 East
Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, Thursday, July 16,
2015. It is the responsibility of the Proposer to see that any proposal sent through the mail, or any
other delivery method, shall have sufficient time to be received by this specified date and time. The
receiving time in the Procurement Office will be the governing time for acceptability of RFP proposals.
Telegraphic, telephonic, faxed, emailed or other electronic or media transmission of RFP proposals will
not be accepted. Late RFP proposals will be returned unopened. Failure to register as a Proposer to
this RFP process per the instructions in the Notice Inviting Request for Proposals (under "Obtaining
RFP Documents") may result in not receiving Addenda or other important information pertaining to this
process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We
strongly advise that interested firms officially register per the instructions provide in the Notice.
1. BACKGROUND INFORMATION AND GENERAL DESCRIPTION
The purpose of this Request for Proposals (RFP) is to enter into an agreement for On-Call Fire
Protection Engineer Design Services with a licensed California Fire Protection Engineer (FPE)
consultant that has extensive experience in fire alarm design. The successful consultant will provide
design and consulting services related to designing new, or upgrading existing, fire alarm systems
located in City facilities. The scope of consultant's services shall be to provide designs, plans,
technical specifications, and drawings which comply with local fire authority plan review and permitting
requirements, and assist with document preparation necessary to provide potential fire alarm
contractors sufficient information to bid the projects. All designs shall comply with applicable chapters
of the 2013 California Fire Code, 2013 NFPA 72 National Fire Alarm and Signaling Code and the 2013
California Electric Code,
The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of over
48,000. Examples of the types of projects that may be contemplated under this contract for design
services may include, but are not limited to designing new or upgrading fire protections systems at the
following City facilities: City Yard, I-Hub Building, Desert Highland Community Center, Library and
Police Department. The City exclusively reserves the right to select and assign a successful firm
from the RFP process (or firms if desired) for each project as it determines is in the best interest
of the City and the specific project. As the projects remain unapproved at this time and will vary
in size and scope, there is no guarantee of work nor is there any implied or promised rotation
method for project assignments.
Page 22 of 60
2. PROJECT OBJECTIVE AND SCHEDULE
The objective of this solicitation is to hire a firm(s) or individual(s) to provide, on an as-needed basis,
Fire Protection Engineer design services for various City facilities on behalf of the City.
Fire Protection Engineer design services are expected to be required over the next five-year period and
a contract(s) shall be negotiated for whatever term is determined to be in the best interests of the City.
RFP SCHEDULE
Notice for Request for proposals posted and issued ..............................Tuesday, June 16, 2015
Deadline for receipt of Questions.........................................3:00 P.M., Tuesday, July 7, 2016
Deadline for receipt of Proposals.....................................3:00 P.M., Thursday, July 16, 2015
Short List/ Interviews, `if desired by City........................................................... to be determined
Contract awarded by City Council...................................................................... to be determined
NOTE. There will NOT be a pre-proposal conference for this procurement.
`Dates above are subject to change.
3. SCOPE OF SERVICES
The SCOPE OF SERVICES and principle responsibilities may include, but are not limited to, the
following: (all services may or may not be necessary on each project)
The scope of consultant's services shall be to provide designs, plans, technical specifications, and
drawings which comply with local fire authority plan review and permitting requirements, and assist with
document preparation necessary to provide potential fire alarm contractors sufficient information to bid
the projects.
It will be the responsibility of the successful firm(s) or consultant(s) to determine the necessary staffing
level required to perform the scope of services. The City will NOT provide dedicated work space or
office space, city staff or city resources, printing or copying services, or clerical assistance in the
performance of this agreement. The City reserves the right to perform any portion of the scope of work
with City personnel and/or by other Consultants.
Consultant may assist the City with various assignments including but not limited to:
1. Provide registered engineer for preparation of all requested plans, reports or opinions.
2. Understanding of current state and federal law with respect to the California Fire Codes, Alarms,
Fire Protection and Signaling Codes.
3. Preparation of plans and specifications, recommendations for future projects and or assist with
existing work in progress.
Consultant shall, upon request of City, provide proposal for the requested project. The proposal shall
include Not to Exceed Cost based upon Exhibit D hourly rates, time for completion and schedule of
work. At the conclusion of each project, Consultant shall submit to City a project completion file which
contains all required project information, forms, certifications, communications, utility contacts, etc. An
electronic version of the project plans and specifications (if any) shall also be submitted in accordance
with City requirements. Work shall include "kickoff' periodic coordination meetings, construction site
visits, final project closeout and billing shall be monthly.
Page 23 of 60
Responsibilities of the City:
1. The City will direct the development of individual projects in writing, provide management
oversight, coordinate with third party consultants as needed and conduct administrative
arrangements.
2. The City will provide Consultant with a brief scope of work for specific federally funded and/or
locally funded projects as needed for City projects for Consultant's use in preparing a cost and
time schedule estimate based upon billable hours and rates pursuant to this Agreement. If
satisfactory, the City shall provide a written acceptance of Consultant's estimate and issue a
separate Notice to Proceed as a Task Order. Alternately, the City may issue a Task Order to
perform work without an estimate due to the nature of the project. All work will be based on the
approved agreement.
3. The City will pay an agreed upon amount normally within 30 days after receipt of an approved
invoice(s). The City may retain 5% of each invoice on as case by case basis for Task Orders
that have been negotiated based on scope of work if the City feels it is appropriate.
4. The City will not be able to provide dedicated workspace facilities i.e. office space.
5. The City reserves the right to perform any portion of the scope of work with City personnel
and/or by other Consultants.
4. PRIOR CITY WORK
If your firm has prior experience working with the City DO NOT assume this prior work is known to the
evaluation committee. All firms are evaluated solely on the information contained in their proposal,
information obtained from references, and presentations if requested. All proposals must be prepared
as if the evaluation committee has no knowledge of the firm, their qualifications or past projects.
5. SELECTION PROCESS AND EVALUATION CRITERIA
The City of Palm Springs is utilizing a Qualifications Based Selection process to select a firm to provide
the professional services requested by this RFP. The City shall review the proposals submitted in
response to this RFP, and a limited number of firms may be invited to make a formal presentation at a
future date, if desired by the City. The format, selection criteria and date of the presentation will be
established at the time of short listing. Preparation of proposals in reply to this RFP, and participation
in any future presentation is at the sole expense of the firms responding to this RFP.
This solicitation has been developed in the "Request for Proposals' (RFP) format. Accordingly, firms
should take note that the City will consider multiple criteria in selecting the most qualified firm(s).
Consistent with Federal, State and Local laws for the acquisition of professional services, price is NOT
an evaluation criteria. Cost proposals submitted in separate sealed envelopes are not opened, nor
considered during proposal evaluations. Upon selection of the most qualified firm(s), the associated
cost proposal will be used as a basis for contract negotiations. Contracts shall be negotiated on the
basis of the submitted Cost Proposal, and in consideration of reasonable and mutually agreed project
costs and time requirements. Should successful negotiations not occur with the highest ranked firm(s),
the City may, at its sole discretion, choose to enter into negotiations with the other firms in descending
ranking order, if so desired.
Firms are requested to submit their proposals so that they correspond to and are identified with the
following specific evaluation criteria:
A. Firm Qualifications, Experience and Background (35 POINTS):
B. Understanding Fire Protection Engineer services (35 POINTS):
C. References and Experience with Projects of Similar Size and Scope (25 POINTS):
Page 24 of 60
D. Local Expertise Demonstrated on the Team (5 POINTS):
Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid
business license as more fully set forth in Section DA below, pursuant to the City of Palm Springs
Local Preference Ordinance 1756). The full local preference, five (5) points, will be awarded to
those that quality as a Local Business. Two (2) points will be awarded to a non-local business
that employs or retains local residents and/or firms for this project. Non-local firms that do not
employ or retain any local residents and/or firms for this project shall earn zero (0) points for this
criteria.
6. PROPOSAL CONTENTS AND SPECIAL CONDITIONS
Firms are requested to format their proposals so that responses correspond directly to, and are
identified with, the specific evaluation criteria stated in Section 5 above. The proposals must be in an
8 '/2 X 11 format, minimum 10pt font size, minimum %" margins, and may be no more than a total
of twenty five (26) pages (sheets of paper, double sided is OK), including a cover letter,
organization chart, staff resumes, appendices, and any exceptions to language, sample agreement, or
insurance requirements. NOTE: Dividers, Attachment "A", Addenda acknowledgments, and the Cost
Proposal ('in a separate sealed envelope) do NOT count toward the 25 page limit. Interested firms
shall submit SIX (6) copies (one marked "Original" plus five (5) copies) of both your
TechnicalMork Proposal and your Cost Proposal, and one (1) Thumb Drive or CD of the entire
proposal, by the deadline.
All proposals shall be sealed within one package and be clearly marked, "RFP#10-15, REQUEST FOR
PROPOSALS FOR ON-CALL FIRE PROTECTION ENGINEER DESIGN SERVICES". Within the
sealed proposal package, the Cost Proposal shall be separately sealed from the Qualifications/Work
Proposal. Proposals not meeting the above criteria may be found to be non-responsive.
Each proposal package must include two separately sealed envelopes:
ENVELOPE #1, clearly marked "Qualifications/Work Proposal', shall include the following
items:
• Completed Signature authorization and Addenda Acknowledgment(see Attachment A)
• Your response to the evaluation Criteria A through D as provided below.
ENVELOPE #2, clearly marked "Cost Proposal', shall include the following item:
• List the current 2015 hourly rate for all classifications of personnel who may work on a City Project.
• List any reimbursable expenses the City may incur.
• List any additional costs, such as drive time, that the City may incur in conjunction with the
performance services.
• The City shall include a provision in the final agreement with the selected firm(s) for annual CPI
adjustments of the hourly rates after the first year of contract execution. Annual cost-of-living
adjustments, if any, shall be based on the Consumer Price Index(CPI)for All Urban Consumers, for
Los Angeles-Riverside-Orange County, CA.
• Do NOT include Attachment "A" in the Cost Proposal envelope. Attachment "A" is to be
included in Envelope#1, Qualifications/Work Proposal.
At a minimum, firms must provide the information identified below. All such information shall be
presented in a form that directly corresponds to the numbering scheme identified below.
Page 25 of 60
SECTION A: FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND
A.1 State your firm's complete name, type of firm (individual, partnership, corporation or other),
telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the
state the corporation was organized under.
A.2. State the name and title of the firm's principal officer with the authority to bind your company in a
contractual agreement.
A.3 Describe your firm's background and qualifications in the type of effort that this project will
require, specifically identifying experience with providing services for public agencies.
A.4 List the name, current valid licenses numbers, qualifications and availability of the key staff/team
members that will be assigned to this project. Provide detailed qualifications of the lead Representative
or Project Manager that will be assigned to this project.
A.5 Indicate the name of any sub-consultant firms that will be utilized to make up your team.
Describe each sub-consultant's background and specific expertise that they bring to this project,
SECTION B: UNDERSTANDING FIRE PROTECTION ENGINEERING METHODOLOGY
B.1 Describe in detail the steps that your firm would follow to provide on-call fire protection engineer
design services, including your work plan process and methodology.
B.2 Identify your ability to ensure that projects are designed within your client's budget and the
measures taken in successfully completing all phases of a project.
13.3 Identify project management tools you propose to use to keep both your own staff on track and
the City staff cognizant of current project status.
13.4 Identify a design project, for which your firm and the staff proposed for this contract provided
Design Services, and describe how you applied your firm's skills and abilities in the following areas:
(a) Responsiveness and attentiveness to client needs;
(b) Creative ability;
(c) Knowledge and understanding of the latest construction trends;
(d) Analytical capability;
(e) Oral and written communication skills;
(f) Interaction with client's organization, i.e., other divisions and personnel
(g) Sensitivity to funding constraints
SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE
CA Provide a minimum of three (3) references for recently completed Fire Protection Engineer Design
Services for projects of a similar size and scope where the key personnel identified above provided the
professional services required. At least two (2) of the references shall be for public/government agency
Page 26 of 60
projects. Provide contact information, including full name and a current phone number, for each project
identified.
C.2 For the representative successful projects completed, explain what key issues/challenges you
faced and how you solved them. Also, please comment on the project budgeting for each.
SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM
D.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for
services, including consultant services, preference to a Local Business shall be given whenever
practicable and to the extent consistent with the law and interests of the public. The term "Local
Business" is defined as a vendor, contractor, or consultant who has a valid physical business address
located within the Coachella Valley, at least six months prior to bid or proposal opening date, from
which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and
holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is
defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains
on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this
definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated
areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not
be used for the purpose of establishing such physical address.
The contractor or consultant will also, to the extent legally possible, solicit applications for employment
and proposals for subcontractors and subconsultants for work associated with the proposed contract
from local residents and firms as opportunities occur and hire qualified local residents and firms
whenever feasible.
In order for a business to be eligible to claim the preference, the business MUST request the
preference in the Solicitation response (see Attachment A) and provide a copy of its current
business license (or of those it employs for this project) from a jurisdiction in the Coachella
Valley with its proposal.
D.2 List all team members with local expertise. Clearly define their role in the overall project.
DEADLINE FOR SUBMISSION OF PROPOSALS: All proposals must be received in the City of Palm
Springs, Department of Procurement and Contracting office by 3:00 P.M., LOCAL TIME, THURSDAY,
JULY 16, 2015. Proof of receipt before the deadline is a City of Palm Springs, Department of
Procurement and Contracting time/date stamp. It is the responsibility of the Proposer to see that any
proposal sent through the mail, or by any other method, shall have sufficient time to be received by the
Procurement Office prior to the proposal due date and time. Late proposals will be returned to the
Proposer unopened. Proposals shall be clearly marked and identified and must be submitted in
a sealed package to:
City of Palm Springs
Department of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Leigh Gileno, Procurement Specialist 11
PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY, AND THEREFORE
IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY PROPOSALS ON FRIDAYS (OR
Page 27 of 60
WEEKENDS AND HOLIDAYS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING
A PROPOSAL BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT.
QUESTIONS?: Proposers, their representatives, agents or anyone else acting on their behalf are
specifically directed NOT to contact any city employee, commission member, committee member,
council member, or other agency employee or associate for any purpose related to this RFP other than
as directed below. Contact with anyone other than as directed below WILL be cause for
rejection of a proposal.
ANY questions, technical or otherwise, pertaining to this request for Request for proposals
must be submitted IN WRITING and directed ONLY to:
Leigh Gileno
Procurement Specialist II
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
via FAX (760) 323-8238
or via EMAIL: Leigh. ileno a)palmsprinpsca.gov
Interpretations or clarifications considered necessary in response to such questions will be resolved by
the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 P.M., Local Time,
Tuesday, July 7, 2015. Questions received after this date and time may not be answered. Only
questions that have been resolved by formal written Addenda via the Division of Procurement and
Contracting will be binding. Oral and other interpretations or clarifications will be without legal or
contractual effect.
FORM OF AGREEMENT: The successful firm(s) will be required to enter into a contractual
agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the
standard Professional Services Agreement — provided as Attachment "B" hereto. Please note that the
Exhibits in the sample contract are intentionally not complete and will be negotiated with the selected
firm and will appear in the final Professional Services Agreement executed between the parties. Any
exceptions to the language contained in the RFP document, sample agreement, including the
Insurance Requirements, MUST be included in the proposal and clearly defined and may be
considered in the evaluation process.
Failure or refusal to enter into an Agreement as herein provided, or to conform to any of the stipulated
requirements in connection therewith, shall be just cause for an annulment of the award. If the highest
ranked firm refuses or fails to execute the Agreement, or negotiations are not successful, the City may,
at its sole discretion, enter negotiations with and award the Contract to the second highest ranked firm,
and so on.
AWARD OF CONTRACT: The City reserves the right to award a contract to multiple Proposers or to a
single Proposer, or to make no award, whichever is in the best interest of the City. It is anticipated that
award of the contract(s) will occur at the next regularly scheduled City Council meeting after the
evaluation committee has made its final selection of the firm(s) to be recommended for award and a
contract has been negotiated and agendized for consideration. The decision of the City Council will be
final. The City exclusively reserves the right to select and assign a successful firm from the RFP
process (or firms if desired) for each project as it determines is in the best interest of the City
and the specific project. As the projects remain unapproved at this time and will vary in size
Page 28 of 60
and scope, there is no guarantee of work nor is there any implied or promised rotation method
for project assignments.
Please note: this RFP does not necessarily identify each specific, individual task required to
successfully and completely implement this proposed scope of services. The City of Palm Springs
relies on the professionalism and competence of the selected firm to be knowledgeable of the general
areas identified in the scope of work and to consider in its proposal all materials, equipment, required
tasks and subtasks, personnel commitments, man-hours, labor, direct and indirect costs, etc. The City
of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a
substantial change from the general scope of work identified in this RFP and the resulting final
negotiated scope and pricing.
RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right to waive
any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all
proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of
the City. The City furthermore reserves the right to contract separately with others certain tasks if
deemed in the best interest of the City.
INSURANCE: Insurance provisions are contained in the Standard Contract Services sample
agreement included in the RFP. The successful Proposer will be required to comply with these
provisions. It is recommended that Proposers have their insurance provider review the insurance
provisions BEFORE they submit their proposal.
RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found
that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an
authorized signature, falsified any information in the proposal package, etc.), the proposal shall be
rejected.
PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of
the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known
as the Public Records Act. Information contained in the documents, or any other materials associated
with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be
made public after the City's negotiations are completed, and staff has recommended to the City Council
the award of a contract to a specific firm, but before final action is taken by the City Council to award
the contract.
Although the California Public Records Act ("CPRA") recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish that the
information submitted in a proposal is a trade secret. If a request is made for information marked
"Confidential," "Trade Secret," Proprietary," or any other similar designation, the City will provide the
party submitting such information with reasonable notice to allow the party to seek protection from
disclosure by a court of competent jurisdiction.
If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the
party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal
rationale supporting such contention including specific references to applicable provisions of the Public
Records laws of the State 3) must actively defend against any request for disclosure of information
which the party has determined should not be released, and 4) must indemnify and hold harmless the
City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's
refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be
Page 29 of 60
responsible for any damages or losses incurred by a party submitting a proposal or any other person or
entity, because of the release of such information. The City will not return the original or any copies of
the proposal or other information or documents submitted to the City as part of this RFP process.
NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS WHERE ALL OF THE
INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY
INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NON-RESPONSIVE.
COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs
incurred by any firm responding to this RFP in the preparation of their proposal or participation in any
presentation if requested, or any other aspects of the entire RFP process.
COMPLIANCE WITH LAW. Proposer warrants that all Services rendered shall be performed in
accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules,
and regulations.
LICENSES. PERMITS, FEES, AND ASSESSMENTS. Proposer represents and warrants to City that it
will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession and perform the Work and Services requested in this RFP. Proposer
represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all
times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that
is legally required for Proposer to perform the Work and Services under the Agreement if so awarded.
Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable
penalties and interest, which may be imposed by law and arise from or are necessary for the
Proposer's performance of the Work and Services required under the Agreement if so awarded.
Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes
penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.
BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of
Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled
"Business Tax".
INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to
determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish
to the City all such information and data for this purpose as the City may request. The City reserves
the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy
the City that such firm is properly qualified to carry out the obligations of the Contract and to complete
the Work contemplated therein.
PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal
shall be valid for a period of 120 calendar days from the due date of proposals.
SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to
mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in
all of the sheets which make up this Request for Proposals, and any attached sample agreement.
Exceptions to any of the language in either the RFP documents or attached sample agreement,
including the insurance requirements, must be included in the proposal and clearly defined. Exceptions
to the City's RFP document or standard boilerplate language, insurance requirements, terms or
conditions may be considered in the evaluation process; however, the City makes no guarantee that
any exceptions will be approved.
Page 30 of 60
ATTACHMENT "A"
RFP 10-16 for ON-CALL FIRE PROTECTION ENGINEER DESIGN SERVICES
*NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN ENVELOPE #1.
"QUALIFICATIONS/WORK PROPOSAL"*
SIGNATURE AUTHORIZATION
NAME OF PROPOSER/FIRM:
A. I hereby certify that I have the authority to offer 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.
�A SIGNATURE
,
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PRINT NAME
B. The following information relates to the legal consultant 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
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.
2. My tax identification number is:
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) # is/are hereby acknowledged.
Page 31 of 60
EXHIBIT "C"
CONSULTANT'S PROPOSAL
CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE
Page 32 of 60
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41
Statement of Qualifications
City of Palm Springs RFP #10-1 S - Request for Proposals
for On-Call Fire Protection Engineer Design Services
City of Palm Springs
Department of Procurement and Contracting
3200 E. Tahquitz Canyon Way
A Palm Springs, CA 92262
Attention: Leigh Gileno, Procurement Specialist II
July 16, 2015
Aon Fire Protection Engineering Corporation I aonfpe.com Empower Results®
Cover Letter
July 16, 2015
Ms. Leigh Gileno
Procurement Specialist II
City of Palm Springs
Department of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Ms. Gileno:
Thank you for allowing Aon the opportunity to submit qualifications for the City of Palm Springs RFP#10-15 -
Request for Proposals for On-Call Fire Protection Engineer Design Services.
A great deal of care, attention, and effort went into preparing our submittal. In the course of reviewing our
response, we trust our attention to detail will be apparent to you. Our response is intended to demonstrate our
commitment to providing quality, fee-efficient, and timely services.
More importantly, we hope it demonstrates our commitment to the City of Palm Springs.
Please let us know if we can assist in any way as you work through the selection process.
Sincerely,
Aon Fire Protection Engineering Corporation
146t,�
Qui Duong, P.E.
Office Leader, San Diego
+1.858.716.2783
qui.duong@aon.com
\tpw
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON 2
Table of Contents
CoverLetter........................................................................................................................................................2
Section A —Firm Qualifications, Project Team, Experience, and Background...........................................4
A.1 Aon FPE Firm Contact Information......... . ................... ._.............. ...................._........... ..............4
A.2 Firm Principal with Contract Binding Authority.._........................... ............._..... ..................... ........4
A.3 Aon FPE's Background and Qualifications....... ....................... ..... ............................._.....,... . .........4
FirmBackground................ .. ................................ ........_.......................... ............ .... . ...... .........4
FirmQualifications................................ ........... ............ ........ . ......... ...................... ....................5
Prior Select Projects in Palm Springs and the Coachella Valley...... ..........................................6
Prior Select City Plan Review Jurisdictions ................................... ....................................... .. .. 6
Organization Chart of San Diego and Los Angeles Aon FPE offices ...... ... . ... .......... ..........._7
AA Aon FPE Key Project Team Members and Qualifications.................................- ................ .............8
A.5 Aon FPE Sub-consultants.............................._._.......... .. ... .. . .... ............................ .............. ...... 13
Section B—Understanding Fire Protection Engineering Methodology.................................................... 14
B 1 Work Plan Process and Methodology ..................... ......................................................... ..... ... . 14
B.2 Project Management—Budget and Schedules....._............._.....................................,......, ............ 15
B.3 Project Management Tools....... .. .. ...... ........ ... ._........................___......... ...... ........ .. ..,,......... 15
BA Design Services Project Example—Skills and Abilities ....... ...... .................. .. .. ...... ....... ..... ...... 16
Section C — References and Experience with Projects of Similar Size and Scope.................................. 17
CAReferences ............................._........ .. .. ..... . .. ........_........................... ...... .............................. 17
C.2 Key Issues/Challenges and Resolutions....... . .............. ......... ......................................._._....... . 21
San Gorgonio Memorial Hospital, Banning, CA. .. ............................................................ ....... 21
Ronald Reagan Building, Los Angeles, CA. . ..................................................._....._.... .._.... 21
Riverside Community Hospital — Riverside, CA..... ............................... ......... .... . ........,.....,... 22
Kimpton Hotel, Palm Springs, CA...... ................ .............................. ............... ......... ................ 22
Section D—Local Expertise Demonstrated on the Team.......................................................................... 23
DA Solicitation Response (Attachment A) and Business License within the Coachella Valley ............. 23
D.2 Team Members with Local Expertise ......._. .. .. ... .. ..........._.... .,...................... ........................... 23
Attachment A—Signature Authorization and Addenda Acknowledgment
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON 3
Aon Fire Protection Engineering Corporation
Section A — Firm Qualifications, Project Team,
Experience, and Background
A.1 Aon FPE Firm Contact Information
Firm Name Aon Fire Protection Engineering Corporation
Firm Type Corporation
State Incorporated Delaware
Address 11770 Bernardo Plaza Court, Suite 116
San Diego, CA 92128
Phone Number 1.858.673.5845
Fax Number 1.858.673.5849
Contact Person Qui Duong, P.E., Office Leader
E-mail Address qui.duong@aon.com
A.2 Firm Principal with Contract Binding Authority
Principal's Name Garner A. Palenske, P.E.
Title Senior Vice President I US West Region
Phone Number 1.858.673.5845
E-mail Address garner.palenske@aon.com
A.3 Aon FPE's Background and Qualifications
Firm Background Aon FPE is a leading
global provider of
Founded in 1939, Aon Fire Protection Engineering (formerly known as Schirmer fire protection
Engineering) became the first independent fire protection engineering firm to help engineering,code
insurance companies analyze and minimize risk to life and property. Since then, we consulting and
have been a leader in the evolution of the industry. In 2010, Schirmer Engineering security consulting
Corporation changed its name to Aon Fire Protection Engineering Corporation (Aon services.
FPE)to align the organization more closely with its parent company, Aon. We have
been developing innovative and cost-effective systems and programs to protect
people and property for over 75 years.
Aon FPE is known
Through our firm's tradition of defining innovative, client-oriented engineering and for helping clients
risk control services, we have built one of the industry's largest, oldest, and most avoid costly project
widely respected fire protection engineering firms.As a result of the firm's support and code
of, and participation in, organizations such as the National Fire Protection compliance pitfalls
Association (NFPA), International Building Code(IBC), American Society for early on in the
Testing and Materials(ASTM), Society of Fire Protection Engineers (SFPE), design stages.
American Society for Industrial Security(ASIS), and numerous codes and
standards committees, we have developed a tradition of remaining on the leading
edge of fire protection and security technology.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON 4
Firm Qualifications
Aon FPE is uniquely qualified to perform fire alarm design services for the following reasons:
• The proposed project team was selected for City of Palm Springs projects based upon their
extensive experience providing fire alarm design services for similar projects and specialized
expertise. The team has over 100 years of combined experience with like projects, have
worked on projects in the Coachella Valley and throughout Riverside County, and they are
familiar with the jurisdiction.
• Aon FPE has extensive experience working on city, county, and government projects, such
as the Palm Springs Public Library, San Diego New Main Library, San Diego County
Administration Building, Ronald Reagan State Building (Los Angeles), Oceanside California
Highway Patrol Facility, Perris Sheriff's Station, and the Riverside County Transportation
Highway Operations Center.
• Aon FPE works regularly with the Riverside County Fire Department and understands local
rules and regulations. Our services will address local requirements, thus minimizing costly
redesign. The result will be lower overall project cost as well as minimization of construction
schedule interruption.
• Aon FPE is an industry leader in the use of BIM for the design of fire protection systems. By
using Autodesk Revit MEP, the industry's leading BIM software, Aon FPE designs sprinkler,
fire alarm, and egress systems in three-dimensional environments. The use of BIM enables
early decision-making, better documentation, evaluation of alternatives for sustainable
design, and improved coordination of all building mechanical systems.
BIM Giants: Firms enhance BIM/NDC with
advanced collaboration tools [2014 Giants 300
Report]
Cloud based data"b&rapid iteraBnrc desgi,and am-dilsdQiie rniaho mtkin are arnorg tie
esnu tg trends in the INWME field,arxordi to N K-s HI14 Giants 31RI Report.
TOP BIM ENGINEERING FIRMS
Rank Company 2013 BIM
Revenue
51 H.F. Lenz 3,375,000
52 CJL Engineering 3,250,000
53 Apogee Consulting Group 2,848.268
54 Primera Engineers 2,300,000
55 KCI Technologies 1,795,000
56 RMF Engineering 1,750,000
57 Wick Fisher White 1,123,000
58 Wallace Engineering 1,100,000
59 GHT Limited 1,100,000
60 Aon Fire Protection Engineering 1,000,00
61 ThermalTech Engineering 1,000,000
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON 5
Prior Select Projects in Palm Springs and the Coachella Valley
• College of the Desert, Various Buildings—Palm Desert, CA
• Dick's Sporting Goods—Palm Desert, CA
• Duke Perris Logistics Center Buildings 1 and 2—Perris, CA
• Embassy Suites—Palm Desert, CA
• Fairfield Resorts—Palm Springs, CA
• Hyatt Regency Suites—Palm Springs, CA
• Indio High School, Various Buildings—Indio, CA
• Kimpton Hotels, Palomar Hotel—Palm Springs/FLS Code
• Larson Justice Center—Indio, CA
• Lowe's Companies— Beaumont, CA
• Lowe's Companies— Indio, CA
• Lowe's Companies— Palm Desert, CA
• Lowe's Companies— Palm Springs, CA/A/S
• Palm Desert Middle School—Palm Desert, CA
• Palm Springs Public Library—Palm Springs, CA
• Polo Square— Indio, CA
San Gorgonio Memorial Hospital,Various Buildings and Facilities—Banning, CA
• Sheraton Desert Cove Hotel—Cathedral City, CA
• Walmart—Beaumont, CA
Prior Select City Plan Review Jurisdictions
Aon FPE has conducted recent city plan review services for the following jurisdictions in Southern California:
Chino Valley Independent Fire District, CA
Encinitas Fire Department, CA
Rancho Santa Fe Fire Protection District, CA
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON 6
Organization Chart of San Diego and Los Angeles Aon FPE offices
Garner Palenske, PE
Senior Vice President
US West Region
Robert Imazumi Tanya Po
Marketing Analyst Marketing Analyst
LOS ANGELES. CA SAN DIEGO,
Vicar ._ PE Qui Duong,
Office Leader Office Leader
Ann Chavez, PE Bill Kerbein
Delores Parker Blake Johnson
J.D. Fahr Cathy Van Boening
Julian Molina Dave Loucks
Julian Samayoa Jim Madden
LaMar Alexander Jon Schram
Mark Verrochi
Parrish Pelley
Ruben Betancourt
Steve Thomas, SET
Tanya Williams
Timothy Lawyer, SET
Will Fletcher, PE
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services Am 7
A.4 Aon FPE Key Project Team Members and Qualifications
Garner Palenske, P.E. I Senior Vice President, US West Region
Project Role: Overall Quality Control, Code Consulting, Fire Alarm and Sprinkler
System Design Peer Review
Education: B.S., Civil Engineering (Structural Concentration)
California State University Fullerton, 1986
B.A., Business Administration, California State University Fullerton, 1979
Professional Licenses:
• California#FP 1216, Exp. 6/30/2017
• Arizona#40464, Exp. 3/31/2016
• Minnesota#41194, Exp. 6/30/2016
• New Mexico# 17425, Exp. 12/31/2016
• Nevada#021932, Exp. 1 2/3112 0 1 5
• Utah#7317182-2202, Exp. 3131/2017
Availability: Garner will be 50-percent available for City of Palm Springs projects.
Mr. Palenske is a registered Fire Protection Engineer with over 29 years in the industry. His experience
includes fire alarm system design and testing, computer fire modeling, smoke control system design and
testing, code analysis, and automatic fire sprinkler system design and testing. Garner's project management
experience includes the design of new facilities, renovation of existing facilities, retrofit in existing facilities,
site investigations, and evaluation and assessment of historic structures. Typical occupancies include
educational facilities, high-rise buildings, historic structures, hospitals and medical centers, laboratories,
military buildings, offices, research, and warehouses.
Throughout his career, Mr. Palenske has been heavily involved in the code development process. Presently,
he serves on the National Fire Protection Association's"Automatic Sprinkler System Committee," (NFPA 13).
Prior to joining Aon Fire Protection Engineering, Mr. Palenske was the Fire Protection Engineer for the San
Diego City Fire Department. His responsibilities included establishing technical policies, code adoption, and
design parameters with project design teams.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services oar 8
Qui Duong, P.E. I Office Leader
Project Role: Engineer of Record, Code Consulting, Fire Alarm and Sprinkler System
Design Peer Review
Education: B.S., Mechanical Engineering, Ecole Polytechnique de Montreal,
University of Montreal, Quebec, Canada1986
Professional Licenses:
• California#FP 1573, Exp. 6/30/2017
• Arizona#48837, Exp. 1 2131/2 01 7
• Colorado#42364, Exp. 1 0/3 112 01 5
• Montana#29508PE, Exp. 6/30/2016
• Nevada#021919, Exp. 12/31/2016
• Oregon#81973PE, Exp. 12/31/2015
• Texas#113597, Exp. 12/31/2015
• Washington#44944, Exp. 5/1/2017
• Wyoming# 14047, Exp. 12/31/2015
Availability: Qui will be 70-percent available for City of Palm Springs projects.
Mr. Duong is a registered Fire Protection Engineer with over 28 years of experience in the industry. His
experience includes code analysis, fire protection system design and testing, plan review services, high-piled
storage analysis, loss prevention and control services, hazardous occupancy analysis, and plan reviews/
inspections of new construction projects. His project management experience includes city, county, and
government buildings, casinos, hospital and health care facilities, hotels, military, industrial manufacturing
facilities, and pharmaceutical research laboratories.
Prior to joining Aon FPE, Mr. Duong was a Fire Protection Consultant for more than 16 years with GE Global
Asset Protection Services (GE GAPS) and Factory Mutual. His responsibilities included assisting customers
physically protect their facilities against the hazards of fire, explosion, earthquake, and other hazards.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services Am 9
Timothy Lawyer, S.E.T. I Project Manager
Project Role: Project Manager, Senior Fire Alarm and Smoke Control Designer
Education: University of California, San Diego Extension —
HVAC System Design and Control, 2001
Fire Protection Certificate, 1995
Grossmont College, Evidence Technology, and Cuyamaca College, Electronics
Professional Certifications:
• National Institute for Certification in Engineering Technologies(NICET):
— Level IV Fire Alarm Systems, Level III—Special Hazard Systems Layout
— Alternate on NFPA 72 Technical Committee
Availability: Timothy will be 70-percent available for City of Palm Springs projects.
Mr. Lawyer has over 24 years of experience in the areas of fire alarms, security alarms, access control, and
special hazard suppression systems. His responsibilities include project management, site surveys, preparing
cost estimates, producing design drawings, writing technical specifications, smoke control special inspections,
developing project schedules, and witnessing final acceptance tests for new construction and retrofit projects.
Timothy's project experience includes hospital and healthcare facilities, airports, casinos, high-rise offices,
hotels, regional malls, large mixed-use buildings, educational facilities, retail spaces, military sites, and many
other unique structures.
In addition to fire alarm design, Mr. Lawyer has developed expertise in troubleshooting mechanical smoke
control and fire alarm systems. He has assisted building owners and developers in resolving complex fire
alarm and mechanical smoke control issues during construction to help open buildings on time. Mr. Lawyer's
expertise and background in the design and installation of special hazard systems have also provided crucial
support as an expert witness for kitchen hood suppression system installation practices, and support for the
investigation of grease fires in mechanical hood and duct systems.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON10
David Loucks I Senior Fire Alarm Design Consultant
Project Role: Senior Fire Alarm Designer
Availability: David will be 90-percent available for City of Palm Springs projects.
Mr. Loucks will serve as Project Manager for all City of Palm Springs projects. He will be the main point of
contact for daily issues, as well as the senior fire alarm designer. David is a Senior Designer specializing in
fire alarm systems with over 40 years of experience in the design and installation of fire alarm, security, and
public address systems for various occupancies including commercial, hospital and healthcare facilities, high-
rise buildings, educational facilities, offices, and residences. In addition to his industry practice, David is an
accomplished fire alarm design standards educator. He was a faculty member of the University of California,
San Diego Fire Protection Technology Program, and has taught National Institute for Certification in
Engineering Technologies (NICET) preparation courses for the International Brotherhood of Electrical
Workers (IBEW).
Prior to joining Aon FIDE. David worked as a fire alarm and security system contractor and was responsible for
design, engineering, and project management. His experience included retrofit and replacement systems, site
network systems, and smoke-control systems.
Ann Chavez, P.E. I Senior Fire Alarm Design Consultant
Project Role: Senior Fire Alarm and Smoke Control Designer
Education: B.S., Civil Engineering, California State University, Fullerton, CA
Professional License:
• California#FP 1633, Exp. 6/30/2016
Availability: Ann will be 65-percent available for City of Palm Springs projects.
Ms. Chavez is a registered Fire Protection Engineer with over 20 years in the industry. Her experience
includes negotiation with public officials, building and fire code consulting, smoke control systems design, due
diligence surveys, plan review, fire risk assessment, fire alarm and sprinkler system testing and hazardous
materials handling and storage. Her working knowledge of the Uniform and International Fire Codes (UFC&
IFC) and the National Fire Code(NFC) helps to provide efficient project design and management.
Ms. Chavez's project experience includes high-rise office and residential buildings, educational facilities,
university and private sector laboratories, assembly occupancies, historical buildings, manufacturing,
warehousing, retail centers, airports, libraries, mixed-use retail and healthcare facilities. Ann is well versed in
coordinating efforts with fire authorities, owners, designers, and users. Her experience involves managing
large-scoped multiple phase projects involving egress analysis, hazardous materials handling and storage,
structural fire protection, fire and building code outline reports, plan check and has experience with both new
construction and renovated buildings.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services Awl
ILParrish Pelley I Senior Fire Alarm Design Consultant
Project Role: Senior Fire Alarm Designer, Fire Sprinkler System Designer
Education/Certificate: Electronic Drafting Technology, Electronic Circuit Board
Design, Architectural Design, Palomar College, San Marcos, CA 1991
AutoDesk Revit MEP Certificate of Completion, 2011
MiraCosta College, Oceanside, CA, 1991
Availability: Parrish will be 85-percent available for City of Palm Springs projects.
Mr. Pettey is a Senior Design Consultant with over 23 years of experience in the fire protection field. Parrish
specializes in the layout and design of fire alarm, smoke control, and other low voltage electrical systems,
including mass notification and nurse call systems. His extensive AutoCAD and Building Information Modeling
(BIM) knowledge allows him to efficiently designing systems in various industries including hospitals and
medical centers, high-rise buildings, commercial occupancies, retail stores, and educational facilities.
Prior to joining Aon Fire Protection Engineering (Aon FPE), Parrish worked as a design manager for a
nationwide electrical and engineering contractor. His excellent project management skills contributed to the
seamless and proficient principal design interface amongst clients, project team members, and field
installation teams.
Mark Verrochi Associate Consultant
Project Role: Fire/ Life Safety Building Code Consulting
Education: B.S. Civil Engineering and B.S. Mechanical Engineering,
Worcester Polytechnic Institute, 2006
Masters of Science, Fire Protection Engineering,
Worcester Polytechnic Institute, 2008
Availability: Mark will be 80-percent available for City of Palm Springs projects.
Mr.Verrochi has seven years of experience in the fire protection engineering industry. Specifically, he
specializes in building and fire code consulting. His primary responsibilities include code review and
compliance, fire alarm review, egress and life safety analysis, wildland fire exposure protection analysis,
hazardous materials studies, and fire protection risk assessments. His background includes city plan reviews
and analysis, and consulting in a variety of industries. Facility types include higher education, K-12,
pharmaceutical, military, solar, healthcare, high-hazard, and retail.
Well versed in building codes, Mr. Verrochi yields value to design teams by identifying building design
deficiencies in a timely manner, and by providing proper documentation and guidance to facilitate the
necessary approaches to obtaining building permits.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services ON12
Ruben Betancourt I Associate Design Consultant
Project Role: Fire Sprinkler System Designer
Education: AAS, Computer Aided Drafting Technology, ITT Technical Institute, 2000
Availability: Ruben will be 80-percent available for City of Palm Springs projects.
Mr. Betancourt has over 15 years of experience in the fire protection engineering industry. His responsibilities
include preparing design drawings using 3D BIM software such as Revit MEP and AutoCAD, producing
hydraulic calculations, performing site surveys, and witnessing water flow and fire pump tests. In addition to
his automatic sprinkler system design experience, Ruben is highly skilled and competent in the areas of
mechanical, architectural, electrical, structural, and civil drafting. Mr. Betancourt's project experience includes
"big box" stores, hospitals, education facilities, and high-rise buildings.
A.5 Aon FPE Sub-consultants
Aon FPE will not retain any sub-consultant firms to fulfill fire protection engineering requirements on City of
Palm Springs projects.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services ON13
Section B — Understanding Fire Protection
Engineering Methodology
B.1 Work Plan Process and Methodology
Aon FPE conducts both technical and quality assurance review of all projects. Prior to work leaving our office,
all deliverables receive a technical peer review to ensure the appropriate selection of analytical methods,
assumptions, and inputs to confirm the results and conclusions of the study. Following incorporation of any
technical comments, each deliverable undergoes an additional quality review to ensure that the documents
meet our requirements for content, form, and traceability.
We are dedicated to providing services that will result in overall value to our clients. This is achieved by:
• Identifying potential issues early in the project development that could otherwise lead to costly changes or
time delays.
• Providing a consistent overview of the project to help maintain project concepts while considering
applicable codes/standards.
• Serving as an essential element of technical quality control.
• Reviewing designs, concepts, etc., to reduce potential contractor change orders.
• Reducing cost by applying progressive concepts for achieving code-compliant designs.
• Providing fire protection and security system designs that use state-of-the-art equipment to insure quality
products are used for your projects.
• Providing innovative approaches to building design through the use of performance-based methods and
computer fire modeling techniques.
• Working closely with local building officials to assure the building is permitted for Certificate of Occupancy
in a timely manner.
• Hiring the best talent and top graduates from the leading engineering schools.
• Investing heavily in our staffs on-going technical and project management education to enhance and
maintain our staffs awareness of new fire protection technologies, methodologies, and industry trends in
order to develop state-of-the-art designs and provide quality service to our clients.
• Maintaining relationships with building and fire departments to increase the likelihood of acceptance of
proposed equivalencies.
• Maintaining our staffs professional edge by hiring top-level industry practitioners, and rewarding our staff
for individual and team achievements.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON14
The workflow process used to achieve the goals above, are broken into the following phases:
• Phase 1 —Site Visit Surveys, Review Existing Documents, Design Team Planning
• Phase 2—Systems Design and Preparation
• Phase 3—Drawing Submittals for approval by the Client and/or Authority Having Jurisdiction
• Phase 4—Bid Services
• Phase 5—Construction Administration Support
Aon FPE has instituted a set of policies and procedures for the design and survey of fire alarm replacement
and upgrade projects that not only provides a smaller environmental footprint, but also results in a cost
efficient, sustainable, and value-engineered system. Aon FPE has been involved in numerous designs that
have been certified by LEED (Leadership in Environmental and Energy Efficient Design)from the U.S. Green
Building Council.
During the survey phases, our team will also inspect the existing conduits, wiring, and supporting equipment
to determine if they can be reused and left in place. This will greatly lower equipment and construction costs
for the City of Palm Springs. In the design phases, value engineering concepts and factors will be
incorporated. Life-cycle costs, maintenance and operational costs, and energy efficiency will also be taken
into account.
B.2 Project Management — Budget and Schedules
All Aon FPE projects are led by experienced project managers familiar with control of budget and schedule for
similar projects. Due dates for milestones and key deliverables are defined with the client at the beginning of
the project. Project status, upcoming deliverables, challenges, and work force needs are discussed at weekly
meetings, with adjustments made to resources as necessary.
Aon FPE is acutely aware of the need to monitor project cost and schedules. All costs and hours charged to
projects are monitored on a continuous basis, with the use of performance management software, such as
Deltek Vision. The project manager obtains summary reports, which details hours charged to the project,
costs incurred, and an overall project financial analysis. This early and constant monitoring of the project
forewarns the project manager of any potential difficulties with the schedule and cost of the project.
B.3 Project Management Tools
Aon FPE uses various software programs, such as Deltek, MS Project, and other software for project
management, scheduling, and budgeting. We also use some of the most efficient Building Information
Modeling (BIM) software, such as Revit MEP and Microstation, along with industry standards (AutoCAD)to
produce submittal-quality drawings.
Aon FPE also has the ability to use newer technology and innovative methods to enhance efficiency of site
visits and inspections. By using devices, such as Apple Pads®, the need to carry hard copy documents and
plans are often eliminated. Revisions to documents can be made directly on the device at the location, and
immediately transmitted to an Aon FPE designer to finalize the documents or save them to the Aon FPE
project record files. Additionally, in the event that construction of the project requires multiple shifts, continuity
of the inspections will be maintained.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services Am
BA Design Services Project Example — Skills and Abilities
Sheraton Desert Cove Hotel, Cathedral City, California
The Sheraton Desert Cove hotel is a five-story resort facility with 300 rooms, luxury suites, a conference
center, spa/fitness facility, and restaurant. Aon FPE was retained by ESG Architects to provide fire protection
engineering and code consulting services, which included a complete fire/life safety review of the facility.
The code outline we prepared summarized the fire protection and life safety requirements of the project,
specifically related to the fire alarm and automatic sprinkler systems, standpipe/fire pump system,
underground fire protection water supply routing, elevator recall and cab sizing, and smoke control system.
The outline also addressed the requirement differences between the California Building and Fire Codes and
the Cathedral City Building and Fire Code Amendments, which were more stringent. The comparison allowed
the architect and owner to review the cost impact of implementing the Cathedral Building and Fire Code
Amendments.Although the Cathedral City Amendments were more costly, due to the limited resources
available to the Cathedral City Fire Department, the owner and architect opted to proceed with design plans
that would ensure the safety of the building occupants and structure.
After meetings with the architect and Mr. Bill Soqui of the Cathedral City Fire Department,Aon produced a
basis of design document, along with specifications for the design of the upgraded fire protection systems.
For design team continuity, coordination meetings were held with the architect, structural, mechanical, and
electrical consultants during the plan design, and Aon provide the final design-bid plans in both AutoCAD and
.pdf format.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services ,AON16
Section C — References and Experience with
Projects of Similar Size and Scope
CA References
San Gorgonio Memorial Hospital
Banning, California
San Gorgonio Memorial Hospital, located in Banning, California, is
undergoing a complete facility upgrade to meet OSHPD
compliance standards. The new upgrades will include the
construction of three new buildings and the renovation of existing
underground utilities that will serve the new buildings.
Aon Fire Protection Engineering (Aon FPE) was retained to provide
fire protection engineering services over the course of the six
project phases, including the Central Plant, 2-story EM/ICU
Building, and the 5-story Patient Tower. These services include but
are not limited to coordination of the existing underground fire
service relocation and expansion and design of the automatic
sprinkler system,fire alarm system design services, code
consulting, and smoke-control system design assistance. Aon FPE
is also providing construction administration services for the six Client
phases of the project. HDR, Inc.
Key personnel who have worked on the project include the Reference
following: Mr. Thomas Onnen, LEED AP
Vice President, Healthcare Principal
• David Loucks HDR, Inc.
• Garner Palenske, P.E.Parrish Pelley 251 S. Lake Avenue, Suite 1000
•
• Qui Duong, P.E. Pasadena, CA 91101
• Ruben Betancourt 626-584-1727
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON17
Ronald Reagan State Building
Los Angeles, California
The Ronald Reagan Building is located in Los Angeles, California,
and was built in 1990. The 16-story, 781,000 square foot building
houses the Governor and Lieutenant Governor's Los Angeles ldw �
offices, the California Highway Patrol, the Department of Insuranceand General Services, and other tenants.
The property is currently undergoing a fire alarm system upgrade to the existing high-rise building, which includes two undergroundparking/storage levels, atrium/office levels on floors 1 through 5, AWN
offices levels in the north tower up to the 13th floor, and office �• ....�
levels in the south tower up to the 16th floor.
Aon FPE was retained by the State of California, Department of
General Services (DGS)to test and document results of the
existing fire alarm system speakers, and design a new fire alarm Client
system to replace the existing system. This ongoing project has Department of General Services
included field investigations, design team meetings, basis of design
reports, preliminary and final bid designs, consultations and References
negotiations with the authorities having jurisdiction, and providing Mr. Samuele Yonan
general consulting services in response to RFI's. Office Building Manager III
Department of General Services
Key personnel who have worked on the project include the Real Estate Services Division,
following: Business & Project Management
• David Loucks Ronald Reagan Building
• Garner Palenske, P.E. 300 S. Spring Street, Suite 1726,
• Parrish Pelley Los Angeles, CA 90013
Samuele.yonan@dgs.ca.gov
213-897-2243
Mr. Dewayne Hildreth
Project Manager
Department of General Services
Real Estate Services Division,
Business & Project Management
1304 O Street, 3rd FI., Rm. 301-A
Sacramento, CA 95814
dewayne.hildreth@dgs.ca.gov
916-327-8373
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON18
Riverside Community Hospital
Riverside, California
Riverside Community Hospital, located in Riverside, California. The
facility is undergoing an extensive expansion, which includes the RIVERSIDE
upgrade of fire alarm and fire sprinkler systems to meet OSHPD Community Hospital
compliance standards.The endoscopy renovations include the
renovation of four new procedure rooms,four new Pre-Op rooms,
seven new PACU bays, and related support areas. In addition, the
surgery renovations includes the construction and/or renovation of Client
four new ORs, one shell OR, a lockers/lounge facility, and related Perkins+Will
support spaces. In addition to the renovations above, Aon FIDE
also provided similar services in the Imaging, MRI, and other Reference
hospital departments. Mr. Omar Cantu, AIA, LEED AP
In 2013, Aon FIDE was retained to provide fire protection BD+C
engineering services, which included fire alarm design services, Associate
coordinating with the client's facilities department and OSHPD for Perkins+Will
approval of the new fire alarm system design. 10100 North Central Expressway
Suite 300
Key personnel who have worked on the project include the Dallas, TX 75231
following: omar.cantu@perkinswill.com
214-283-8724
• David Loucks
• Parrish Pelley
• Qui Duong, P.E.
• Ruben Betancourt
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON19
Kimpton Hotels — Hotel Palomar
Palm Springs, California
Kimpton Hotels is constructing a new 4-star, 6-story luxury hotel on
North Palm Canyon Drive in Palm Springs, CA. The new facility will
feature 190 rooms, a rooftop bar and pool, restaurant, and event
and meeting spaces. The grand opening is scheduled for 2016.
Aon FPE conducted a fire/ life safety review and provided
additional code consulting services, as needed. These services
included reviewing the schematic design architectural drawings for
compliance with the fire protection and life safety provisions of the https://www.facebook.com/
2010 California Building Code(CBC) and 2010 California Fire PalmSpringsLovesKimpton
Code (CFC).
Key personnel who have worked on the project include the Client
following: Awbrey Cook Rogers McGill
Architects
• Garner Palenske, P.E.
• Mark Verrochi Reference
Mr. Kevin Terra
Associate Principal
Awbrey Cook Rogers McGill
Architects
1045 14th Street, Suite 100
San Diego, CA 92101
kevin@acrma.com
619-814-5479
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON20
C.2 Key Issues/Challenges and Resolutions
Aon FPE monitors all project budgets regularly to ensure client goals are needs are met.
San Gorgonio Memorial Hospital, Banning, CA
Issue: Due to the upgrade and renovation of the new 5-story Patient Tower, the tower was classified as a
high-rise building, which required additional design requirements for the automatic fire sprinkler system.
Resolution: Research and review the applicable codes and standards used on this project.As part of the
high-rise building requirements under Section 403.2 and 903.3.5.2 of the California Building Code,
requirements revealed a secondary water supply was needed to meet the hydraulically calculated demand of
the automatic sprinkler system for a minimum duration of 60 minutes.Additionally, because a water storage
tank provides zero head pressure, a fire pump was required to pull water from the water storage tank to meet
the pressure demand of the automatic sprinkler system. A fire pump bypass line was also required to provide
the primary water supply to the sprinkler system. Aon FPE was able to provide calculations that confirmed a
vertical fire pump would allow the necessary water pressure to work with the Aon designed water tank.After
meeting with the client and the authority having jurisdiction, the client obtained permit approval of the design,
which was designed and installed in accordance with NFPA Standard No. 20, Installation of Stationary Pumps
for Fire Protection, 2003 Edition.
Ronald Reagan Building, Los Angeles, CA
Issue 1: The existing fire alarm system is no longer supported by the manufacturer(Honeywell). Additionally,
the audible alarms(speakers) operate intermittently and cause trouble signals on the system.
Resolution 1: Aon FPE reviewed the goals of DGS at the site and performed a preliminary survey of the
facility with Mr. Samuele Yonan, the Office Building Manager. It was apparent from that meeting that cost of
the replacement was very important, due to funding issues.
As such, we obtained a Code Interpretation on the California State Fire Marshal website"Existing Building
Fire Alarm Control Unit," Interpretation 12-001. The interpretation provided that the fire alarm control unit may
be replaced and that the new unit be compatible and listed with the existing devices (smoke detectors, heat
detectors, etc.). This interpretation allowed the possibility of minimizing replacement costs
DGS required a set of non-proprietary bid drawings and specifications for competitive pricing. Due to the age
of the building, there were no CAD drawings available. This required we convert the original building floor
plans and the existing fire alarm equipment and devices drawings into AutoCAD .dwg files.
Issue 2: The issue with the speaker troubles posed a different approach.
Resolution 2: We connected the speaker circuits to an impedance bridge. This allowed us to measure the
speaker circuits for power wattage, opens, shorts, continuity, and audibility. This procedure identified the
problems, so that the circuits could be repaired.
At the conclusion of our review, we provided the documentation, drawings, and specifications to DGS and the
State Fire Marshal representative for their review. We revised the documents reflecting their comments, and
when the project was complete -Sam was very happy!
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services Awl
Riverside Community Hospital — Riverside, CA
Issue: The existing fire alarm systems for the buildings/areas did not have enough capacity to accommodate
the current code fire alarm devices and notification appliances required.
Resolution: Research and review of the applicable codes and standards confirmed the need for the required
fire alarm devices. Aon FPE produced a comprehensive fire alarm system design, which included additional
synchronized power supplies, audio/visual appliances, and addressable devices. The client obtained the
OSHPD permit, using the Aon produced, permit-quality design drawings.All devices were installed in
accordance with the following codes and standards:
• California Building Code(CBC), 2013 Edition
• California Fire Code(CFC), 2013 Edition
• California Mechanical Code (CMC), 2013 Edition
• National Fire Protection Association (NFPA)72, National Fire Alarm and Signaling Code, 2013 Edition
• OSHPD Current Can Notices (Code Application Notices)
Kimpton Hotel, Palm Springs, CA
Issue: This project included design challenges associated with the two-story opening connecting the ground
floor and second floor.
Resolution: Aon FPE worked closely with the architect to provide a code-compliant open lobby configuration,
to meet the needs of the owners.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON22
Section D — Local Expertise Demonstrated on
the Team
D.1 Solicitation Response (Attachment A) and Business License
within the Coachella Valley
Aon FPE does not qualify for local preference according to the RFP guidelines. However, our firm does
employ individuals who live in the cities of Hemet, Murrieta, and Temecula, which are all in Riverside County.
These employees all have the ability to work remotely from home, with all of the tools available to them as if
they were in the office. Their close proximity to Palm Springs will enhance project coordination and issue
resolution, and make travel costs nearly non-existent
D.2 Team Members with Local Expertise
Due to the highly qualified technical staff, each member of Aon FPE's team has the ability and experience to
work with the local codes and standards used in the Coachella Valley and throughout Riverside County.
Below is a brief list of the employees and their roles in the referenced project.
San Gorgonio Memorial Hospital, Banning, CA
• David Loucks—Project Manager and Senior Fire Alarm Designer
• Garner Palenske, P.E. —Principal and Overall Quality Control
• Parrish Pelley—Senior Fire Alarm Designer
• Qui Duong, P.E. —Engineer of Record and Peer Review of All Engineering Documents and Plans
• Ruben Betancourt—Sprinkler System Designer
Kimpton Hotels—Palomar Hotel, Palm Springs, CA
• Garner Palenske, P.E. —Principal and Overall Quality Control, Code Consulting Peer Review
• Mark Verrochi—Building and Fire/Life Safety Code Consultant
Indio High School —Indio, CA
• Garner Palenske, P.E. —Principal and Overall Quality Control
• Qui Duong, P.E. —Engineer of Record and Peer Review of All Engineering Documents and Plans
• Ruben Betancourt—Sprinkler System Designer
Sheraton Desert Cove Hotel, Cathedral City, CA
• David Loucks—Project Manager and Senior Fire Alarm Designer
• Garner Palenske, P.E. —Principal and Overall Quality Control
• Qui Duong, P.E. —Engineer of Record and Peer Review of All Engineering Documents and Plans
• Ruben Betancourt—Sprinkler System Designer
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services ON23
Attachment A — Signature Authorization and
Addenda Acknowledgment
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AQV24
ATTACHMENT "A"
RFP 10-15 for ON-CALL FIRE PROTECTION ENGINEER DESIGN SERVICES
*NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN ENVELOPE #1,
"QUALIFICATIONS/WORK PROPOSAL"*
SIGNATURE AUTHORIZATION
NAME OF PROPOSER/FIRM:
A. I hereby certify that I have the authority to offer 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.
SIGNATURE
Garner Palenske, P.E., Senior Vice President, US West Region
PRINT NAME Aon Fire Protection Engineering Corporation
B. The following information relates to the legal consultant listed above, whether an individual or a
company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
_An individual;
A partnership, Partners' names:
_A company;
_)A corporation
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.
2. My tax identification number is: 362531450
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) # is/are hereby acknowledged.
Page 11 of 34
EXHIBIT"D"
SCHEDULE OF COMPENSATION
SCHEDULE OF COMPENSATION
Attached hourly rates provided in the cost proposal shall apply for the first three (3) years, after which,
at the request of consultant, they may be adjusted annually according to the Consumer Price Index,
Los Angeles, Orange, Riverside Co, all urban consumers by comparing the change in the index for the
month of July to June.
If any proposal submitted to the City for requested projects includes task items payment for said task
items cannot exceed 75% until task item is 100% completed.
END OF EXHIBIT "D"
Page 60 of 61
Cost Proposal
City of Palm Springs RFP#10-15 - Request for Proposals for
On-Call Fire Protection Engineer Design Services
Aon FPE 2015 Billing Rates
Billing Rates will be based upon the following schedule:
Senior Vice President $232.00 per hour
Office LeaderiPractice Leader $215.00 per hour
Project DireetorlPmJect Manager $204,00 per hour
Senior Const tanUDesigner $183,00 per hour
Associate ConsuOantADesigner $173.00 per hour
CorwultantNesigner $149.00 per hour
CAD Operator $93.00 per hour
Administrative Assistant $81.00 per hour
Reimbursable Expenses
ReimbtnabteExpenses for the items below will be billed at cost,as follows:
• Express delivery service
• Fees paid for securing approval of authorities having Jurisdfgiwr over this part of the project
• Perking
• Meals while traveling
In add'gpn,the Client agrees to reimburse Aon FPE for any of the above expenses Incurred by
Aon FPE as a result of the Client canceling or rescheduling a meeting or site visit.These
expenses will be billed at cost plus ten(10)percent
Aon Fire Protection Engineering Corporation I aonfpe.com Empower Results•
EXHIBIT"E"
SCHEDULE OF PERFORMANCE
Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon
receipt of a written notice to proceed and shall perform all Services within the time period(s) established
in the Schedule of Performance. When requested by Consultant, extensions to the time period(s)
specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such
extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be
obligated to grant such an extension.
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.
END OF EXHIBIT"E"
Page 61 of 61
CITY OF PALM SPRINGS, CA
NOTICE INVITING REQUEST FOR PROPOSALS
For
ON-CALL FIRE PROTECTION ENGINEER DESIGN SERVICES (RFP 10-15)
NOTICE IS HEREBY GIVEN that Request for proposals (RFP 10-15), for providing On-Call Fire
Protection Engineer Design Services for the City of Palm Springs, CA and will be received at the Office
of Procurement & Contracting, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, California,
until 3:00 P.M. Local Time, THURSDAY, JULY 16, 2015. Proof of receipt before the deadline is a City
of Palm Springs, Department of Procurement and Contracting time/date stamp. It is the responsibility
of the Proposer to see that any proposal sent through the mail, or by any other delivery method, shall
have sufficient time to be received by the Procurement Office prior to the proposal due date and time.
Note that City Hall is open Monday thru Thursday and is closed every Friday, weekends and holidays.
Late proposals will be returned unopened.
DESCRIPTION OF WORK: The work is comprised of providing On-Call Fire Protection Engineer
Design Services for various City facilities located throughout the City. The City may select, at its sole
discretion, more than one firm (or individual) and the term of the agreement may be up to a 5 year
period.
OBTAINING RFP DOCUMENTS AND REGISTRATION:
The RFP document may be downloaded via the internet at the following direct page link
http://www.palrnsprings-ca.gov/index.aspx?page=85 (or by visiting www.palmspringsca.gov and
clicking on Government, then Departments, then Procurement and then open Bids and Proposals).
Upon downloading the document it is IMPERATIVE that you contact Leigh Gileno, Procurement
Specialist II, via email at Leigh.Gilenona.palmspringsca.gov or by phone at (760) 322-8374 to officially
register for this specific project with your company name, address, phone, fax, contact person and
email address. Failure to officially register may result in not receiving addenda to the RFP. Failure to
acknowledge addenda to the RFP may render your proposal as non-responsive.
SELECTION PROCESS AND AWARD OF CONTRACT: This solicitation has been developed in the
Request for Proposals (RFP) format. Accordingly, firms should take note that multiple factors as
identified in the RFP will be considered by the Evaluation Committee to determine which proposal(s)
best meet the requirements set forth in the RFP document. PRICE IS NOT EVALUATED AS PART OF
THE EVALUATION CRITERIA. The City reserves the right to negotiate the terms and conditions of
any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The
selected firm(s) will be required to comply with all insurance and license requirements of the City.
All expenses associated with the preparation, submission of an RFP proposal to the City, or
participation in any presentations, interviews or any other element of the RFP process shall be the sole
financial responsibility of the Proposer.
Procurement Specialist II
City of Palm Springs
Procurement & Contracting Dept.
June 16, 2015
Page I of 34
i
F
CITY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS #10-15 for
ON-CALL FIRE PROTECTION ENGINEER DESIGN SERVICES
Request for proposals (RFP 10-15), for as needed, On-Call Fire Protection Engineer Design Services
to the City of Palm Springs, CA will be received at the Office of Procurement & Contracting, 3200 East
Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, Thursday, July 16,
2015. It is the responsibility of the Proposer to see that any proposal sent through the mail, or any
other delivery method, shall have sufficient time to be received by this specified date and time. The
receiving time in the Procurement Office will be the governing time for acceptability of RFP proposals.
Telegraphic, telephonic, faxed, emailed or other electronic or media transmission of RFP proposals will
not be accepted. Late RFP proposals will be returned unopened. Failure to register as a Proposer to
this RFP process per the instructions in the Notice Inviting Request for Proposals (under "Obtaining
RFP Documents") may result in not receiving Addenda or other important information pertaining to this
process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We
strongly advise that interested firms officially register per the instructions provide in the Notice.
1. BACKGROUND INFORMATION AND GENERAL DESCRIPTION
The purpose of this Request for Proposals (RFP) is to enter into an agreement for On-Call Fire
Protection Engineer Design Services with a licensed California Fire Protection Engineer (FPE)
consultant that has extensive experience in fire alarm design. The successful consultant will provide
design and consulting services related to designing new, or upgrading existing, fire alarm systems
located in City facilities. The scope of consultant's services shall be to provide designs, plans,
technical specifications, and drawings which comply with local fire authority plan review and permitting
requirements, and assist with document preparation necessary to provide potential fire alarm
contractors sufficient information to bid the projects. All designs shall comply with applicable chapters
of the 2013 California Fire Code, 2013 NFPA 72 National Fire Alarm and Signaling Code and the 2013
California Electric Code.
The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of over
48,000. Examples of the types of projects that may be contemplated under this contract for design
services may include, but are not limited to designing new or upgrading fire protections systems at the
following City facilities: City Yard, I-Hub Building, Desert Highland Community Center, Library and
Police Department. The City exclusively reserves the right to select and assign a successful firm
from the RFP process (or firms if desired) for each project as it determines is in the best interest
of the City and the specific project. As the projects remain unapproved at this time and will vary
in size and scope, there is no guarantee of work nor is there any implied or promised rotation
method for project assignments.
Page 2 of 34
2. PROJECT OBJECTIVE AND SCHEDULE
The objective of this solicitation is to hire a firm(s) or individual(s) to provide, on an as-needed basis,
Fire Protection Engineer design services for various City facilities on behalf of the City.
Fire Protection Engineer design services are expected to be required over the next five-year period and
a contract(s) shall be negotiated for whatever term is determined to be in the best interests of the City.
RFP SCHEDULE
Notice for Request for proposals posted and issued ..............................Tuesday, June 16, 2015
Deadline for receipt of Questions.........................................3:00 P.M., Tuesday, July 7, 2015
Deadline for receipt of Proposals..................................... 3:00 P.M., Thursday, July 16, 2015
Short List/ Interviews, *if desired by City............................................................to be determined
Contract awarded by City Council.......................................................................to be determined
NOTE: There will NOT be a pre-proposal conference for this procurement.
*Dates above are subject to change.
3. SCOPE OF SERVICES
The SCOPE OF SERVICES and principle responsibilities may include, but are not limited to, the
following: (all services may or may not be necessary on each project)
The scope of consultant's services shall be to provide designs, plans, technical specifications, and
drawings which comply with local fire authority plan review and permitting requirements, and assist with
document preparation necessary to provide potential fire alarm contractors sufficient information to bid
the projects.
It will be the responsibility of the successful firm(s) or consultant(s) to determine the necessary staffing
level required to perform the scope of services. The City will NOT provide dedicated work space or
office space, city staff or city resources, printing or copying services, or clerical assistance in the
performance of this agreement. The City reserves the right to perform any portion of the scope of work
with City personnel and/or by other Consultants.
Consultant may assist the City with various assignments including but not limited to:
1. Provide registered engineer for preparation of all requested plans, reports or opinions.
2. Understanding of current state and federal law with respect to the California Fire Codes, Alarms,
Fire Protection and Signaling Codes.
3. Preparation of plans and specifications, recommendations for future projects and or assist with
existing work in progress.
Consultant shall, upon request of City, provide proposal for the requested project. The proposal shall
include Not to Exceed Cost based upon Exhibit D hourly rates, time for completion and schedule of
work. At the conclusion of each project, Consultant shall submit to City a project completion file which
contains all required project information, forms, certifications, communications, utility contacts, etc. An
electronic version of the project plans and specifications (if any) shall also be submitted in accordance
with City requirements.
Work shall include "kickoff' periodic coordination meetings, construction site visits, final project closeout
and billing shall be monthly.
Page 3 of 34
Responsibilities of the City:
1. The City will direct the development of individual projects in writing, provide management
oversight, coordinate with third party consultants as needed and conduct administrative
arrangements.
2. The City will provide Consultant with a brief scope of work for specific federally funded and/or
locally funded projects as needed for City projects for Consultant's use in preparing a cost and
time schedule estimate based upon billable hours and rates pursuant to this Agreement. If
satisfactory, the City shall provide a written acceptance of Consultant's estimate and issue a
separate Notice to Proceed as a Task Order. Alternately, the City may issue a Task Order to
perform work without an estimate due to the nature of the project. All work will be based on the
approved agreement.
3. The City will pay an agreed upon amount normally within 30 days after receipt of an approved
invoice(s). The City may retain 5% of each invoice on as case by case basis for Task Orders
that have been negotiated based on scope of work if the City feels it is appropriate.
4. The City will not be able to provide dedicated workspace facilities i.e. office space.
5. The City reserves the right to perform any portion of the scope of work with City personnel
and/or by other Consultants.
4. PRIOR CITY WORK
If your firm has prior experience working with the City DO NOT assume this prior work is known to the
evaluation committee. All firms are evaluated solely on the information contained in their proposal,
information obtained from references, and presentations if requested. All proposals must be prepared
as if the evaluation committee has no knowledge of the firm, their qualifications or past projects.
5. SELECTION PROCESS AND EVALUATION CRITERIA
The City of Palm Springs is utilizing a Qualifications Based Selection process to select a firm to provide
the professional services requested by this RFP. The City shall review the proposals submitted in
response to this RFP, and a limited number of firms may be invited to make a formal presentation at a
future date, if desired by the City. The format, selection criteria and date of the presentation will be
established at the time of short listing. Preparation of proposals in reply to this RFP, and participation
in any future presentation is at the sole expense of the firms responding to this RFP.
This solicitation has been developed in the "Request for Proposals" (RFP) format. Accordingly, firms
should take note that the City will consider multiple criteria in selecting the most qualified firm(s).
Consistent with Federal, State and Local laws for the acquisition of professional services, price is NOT
an evaluation criteria. Cost proposals submitted in separate sealed envelopes are not opened, nor
considered during proposal evaluations. Upon selection of the most qualified firm(s), the associated
cost proposal will be used as a basis for contract negotiations. Contracts shall be negotiated on the
basis of the submitted Cost Proposal, and in consideration of reasonable and mutually agreed project
costs and time requirements. Should successful negotiations not occur with the highest ranked firm(s),
the City may, at its sole discretion, choose to enter into negotiations with the other firms in descending
ranking order, if so desired.
Firms are requested to submit their proposals so that they correspond to and are identified with the
following specific evaluation criteria.
A. Firm Qualifications, Experience and Background (35 POINTS):
B. Understanding Fire Protection Engineer services (35 POINTS):
C. References and Experience with Projects of Similar Size and Scope (25 POINTS):
D. Local Expertise Demonstrated on the Team (5 POINTS):
Page 4 of 34
Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid
business license as more fully set forth in Section D.1 below, pursuant to the City of Palm Springs
Local Preference Ordinance 1756). The full local preference, five (5) points, will be awarded to
those that qualify as a Local Business. Two (2) points will be awarded to a non-local business
that employs or retains local residents and/or firms for this project. Non-local firms that do not
employ or retain any local residents and/or firms for this project shall earn zero (0) points for this
criteria.
6. PROPOSAL CONTENTS AND SPECIAL CONDITIONS
Firms are requested to format their proposals so that responses correspond directly to, and are
identified with, the specific evaluation criteria stated in Section 5 above. The proposals must be in an
8 Yz X 11 format, minimum 10pt font size, minimum %" margins, and may be no more than a total
of twenty five (25) pages (sheets of paper, double sided is OK), including a cover letter,
organization chart, staff resumes, appendices, and any exceptions to language, sample agreement, or
insurance requirements. NOTE: Dividers, Attachment "A", Addenda acknowledgments, and the Cost
Proposal (*in a separate sealed envelope) do NOT count toward the 25 page limit. Interested firms
shall submit SIX (6) copies (one marked "Original' plus five (5) copies) of both your
Technical/Work Proposal and your Cost Proposal, and one (1) Thumb Drive or CD of the entire
proposal, by the deadline.
All proposals shall be sealed within one package and be clearly marked, "RFP #10-15, REQUEST FOR
PROPOSALS FOR ON-CALL FIRE PROTECTION ENGINEER DESIGN SERVICES". Within the
sealed proposal package, the Cost Proposal shall be separately sealed from the Qualifications/Work
Proposal. Proposals not meeting the above criteria may be found to be non-responsive.
Each proposal package must include two separately sealed envelopes:
ENVELOPE #1, clearly marked "Qualifications/Work Proposal', shall include the following
items:
• Completed Signature authorization and Addenda Acknowledgment (see Attachment A)
• Your response to the evaluation Criteria A through D as provided below.
ENVELOPE #2, clearly marked "Cost Proposal', shall include the following item:
• List the current 2015 hourly rate for all classifications of personnel who may work on a City Project.
• List any reimbursable expenses the City may incur.
• List any additional costs, such as drive time, that the City may incur in conjunction with the
performance services.
• The City shall include a provision in the final agreement with the selected firm(s) for annual CPI
adjustments of the hourly rates after the first year of contract execution. Annual cost-of-living
adjustments, if any, shall be based on the Consumer Price Index (CPI) for All Urban Consumers, for
Los Angeles-Riverside-Orange County, CA.
• Do NOT include Attachment "A" in the Cost Proposal envelope. Attachment "A" is to be
included in Envelope#1, Qualifications/Work Proposal.
At a minimum, firms must provide the information identified below. All such information shall be
presented in a form that directly corresponds to the numbering scheme identified below.
Page 5 of 34
SECTION A: FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND
A.1 State your firm's complete name, type of firm (individual, partnership, corporation or other),
telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the
state the corporation was organized under.
A.2. State the name and title of the firm's principal officer with the authority to bind your company in a
contractual agreement.
A.3 Describe your firm's background and qualifications in the type of effort that this project will
require, specifically identifying experience with providing services for public agencies.
AA List the name, current valid licenses numbers, qualifications and availability of the key staff/team
members that will be assigned to this project. Provide detailed qualifications of the lead Representative
or Project Manager that will be assigned to this project.
A.5 Indicate the name of any sub-consultant firms that will be utilized to make up your team.
Describe each sub-consultant's background and specific expertise that they bring to this project,
SECTION B: UNDERSTANDING FIRE PROTECTION ENGINEERING METHODOLOGY
B.1 Describe in detail the steps that your firm would follow to provide on-call fire protection engineer
design services, including your work plan process and methodology.
B.2 Identify your ability to ensure that projects are designed within your client's budget and the
measures taken in successfully completing all phases of a project.
B.3 Identify project management tools you propose to use to keep both your own staff on track and
the City staff cognizant of current project status.
B.4 Identify a design project, for which your firm and the staff proposed for this contract provided
Design Services, and describe how you applied your firm's skills and abilities in the following areas:
(a) Responsiveness and attentiveness to client needs;
(b) Creative ability,
(c) Knowledge and understanding of the latest construction trends;
(d) Analytical capability,
(e) Oral and written communication skills;
(f) Interaction with client's organization, i.e., other divisions and personnel
(g) Sensitivity to funding constraints
SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE
CA Provide a minimum of three (3) references for recently completed Fire Protection Engineer Design
Services for projects of a similar size and scope where the key personnel identified above provided the
professional services required. At least two (2) of the references shall be for public/government agency
projects. Provide contact information, including full name and a current phone number, for each project
identified.
C.2 For the representative successful projects completed, explain what key issues/challenges you
faced and how you solved them. Also, please comment on the project budgeting for each.
Page 6 of 34
SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM
D.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for
services, including consultant services, preference to a Local Business shall be given whenever
practicable and to the extent consistent with the law and interests of the public. The term "Local
Business' is defined as a vendor, contractor, or consultant who has a valid physical business address
located within the Coachella Valley, at least six months prior to bid or proposal opening date, from
which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and
holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley' is
defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains
on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this
definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated
areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not
be used for the purpose of establishing such physical address.
The contractor or consultant will also, to the extent legally possible, solicit applications for employment
and proposals for subcontractors and subconsultants for work associated with the proposed contract
from local residents and firms as opportunities occur and hire qualified local residents and firms
whenever feasible.
In order for a business to be eligible to claim the preference, the business MUST request the
preference in the Solicitation response (see Attachment A) and provide a copy of its current
business license (or of those it employs for this project) from a jurisdiction in the Coachella
Valley with its proposal.
D.2 List all team members with local expertise. Clearly define their role in the overall project.
DEADLINE FOR SUBMISSION OF PROPOSALS: All proposals must be received in the City of Palm
Springs, Department of Procurement and Contracting office by 3:00 P.M., LOCAL TIME, THURSDAY,
JULY 16, 2015. Proof of receipt before the deadline is a City of Palm Springs, Department of
Procurement and Contracting time/date stamp. It is the responsibility of the Proposer to see that any
proposal sent through the mail, or by any other method, shall have sufficient time to be received by the
Procurement Office prior to the proposal due date and time. Late proposals will be returned to the
Proposer unopened. Proposals shall be clearly marked and identified and must be submitted in
a sealed package to:
City of Palm Springs
Department of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Leigh Gileno, Procurement Specialist II
PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY, AND THEREFORE
IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY PROPOSALS ON FRIDAYS (OR
WEEKENDS AND HOLIDAYS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING
A PROPOSAL BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT.
QUESTIONS?: Proposers, their representatives, agents or anyone else acting on their behalf are
specifically directed NOT to contact any city employee, commission member, committee member,
council member, or other agency employee or associate for any purpose related to this RFP other than
as directed below. Contact with anyone other than as directed below WILL be cause for
rejection of a proposal.
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ANY questions, technical or otherwise, pertaining to this request for Request for proposals
must be submitted IN WRITING and directed ONLY to:
Leigh Gileno
Procurement Specialist II
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
via FAX (760) 323-8238
or via EMAIL: Leigh.gilenoftalmspringsca.gov
Interpretations or clarifications considered necessary in response to such questions will be resolved by
the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 P.M., Local Time,
Tuesday, July 7, 2015. Questions received after this date and time may not be answered. Only
questions that have been resolved by formal written Addenda via the Division of Procurement and
Contracting will be binding. Oral and other interpretations or clarifications will be without legal or
contractual effect.
FORM OF AGREEMENT: The successful firm(s) will be required to enter into a contractual
agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the
standard Professional Services Agreement — provided as Attachment "B" hereto. Please note that the
Exhibits in the sample contract are intentionally not complete and will be negotiated with the selected
firm and will appear in the final Professional Services Agreement executed between the parties. Any
exceptions to the language contained in the RFP document, sample agreement, including the
Insurance Requirements, MUST be included in the proposal and clearly defined and may be
considered in the evaluation process.
Failure or refusal to enter into an Agreement as herein provided, or to conform to any of the stipulated
requirements in connection therewith, shall be just cause for an annulment of the award. If the highest
ranked firm refuses or fails to execute the Agreement, or negotiations are not successful, the City may,
at its sole discretion, enter negotiations with and award the Contract to the second highest ranked firm,
and so on.
AWARD OF CONTRACT: The City reserves the right to award a contract to multiple Proposers or to a
single Proposer, or to make no award, whichever is in the best interest of the City. It is anticipated that
award of the contract(s) will occur at the next regularly scheduled City Council meeting after the
evaluation committee has made its final selection of the firm(s) to be recommended for award and a
contract has been negotiated and agendized for consideration. The decision of the City Council will be
final. The City exclusively reserves the right to select and assign a successful firm from the RFP
process (or firms if desired) for each project as it determines is in the best interest of the City
and the specific project. As the projects remain unapproved at this time and will vary in size
and scope, there is no guarantee of work nor is there any implied or promised rotation method
for project assignments.
Please note: this RFP does not necessarily identify each specific, individual task required to
successfully and completely implement this proposed scope of services. The City of Palm Springs
relies on the professionalism and competence of the selected firm to be knowledgeable of the general
areas identified in the scope of work and to consider in its proposal all materials, equipment, required
tasks and subtasks, personnel commitments, man-hours, labor, direct and indirect costs, etc. The City
of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a
substantial change from the general scope of work identified in this RFP and the resulting final
negotiated scope and pricing.
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RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right to waive
any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all
proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of
the City. The City furthermore reserves the right to contract separately with others certain tasks if
deemed in the best interest of the City.
INSURANCE: Insurance provisions are contained in the Standard Contract Services sample
agreement included in the RFP. The successful Proposer will be required to comply with these
provisions. It is recommended that Proposers have their insurance provider review the insurance
provisions BEFORE they submit their proposal.
RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found
that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an
authorized signature, falsified any information in the proposal package, etc.), the proposal shall be
rejected.
PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of
the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known
as the Public Records Act. Information contained in the documents, or any other materials associated
with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be
made public after the City's negotiations are completed, and staff has recommended to the City Council
the award of a contract to a specific firm, but before final action is taken by the City Council to award
the contract.
Although the California Public Records Act ("CPRA") recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish that the
information submitted in a proposal is a trade secret. If a request is made for information marked
"Confidential," "Trade Secret," Proprietary," or any other similar designation, the City will provide the
party submitting such information with reasonable notice to allow the party to seek protection from
disclosure by a court of competent jurisdiction.
If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the
party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal
rationale supporting such contention including specific references to applicable provisions of the Public
Records laws of the State 3) must actively defend against any request for disclosure of information
which the party has determined should not be released, and 4) must indemnify and hold harmless the
City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's
refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be
responsible for any damages or losses incurred by a party submitting a proposal or any other person or
entity, because of the release of such information. The City will not return the original or any copies of
the proposal or other information or documents submitted to the City as part of this RFP process.
NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS WHERE ALL OF THE
INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY
INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NON-RESPONSIVE.
COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs
incurred by any firm responding to this RFP in the preparation of their proposal or participation in any
presentation if requested, or any other aspects of the entire RFP process.
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COMPLIANCE WITH LAW. Proposer warrants that all Services rendered shall be performed in
accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules,
and regulations.
LICENSES, PERMITS, FEES, AND ASSESSMENTS. Proposer represents and warrants to City that it
will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession and perform the Work and Services requested in this RFP. Proposer
represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all
times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that
is legally required for Proposer to perform the Work and Services under the Agreement if so awarded.
Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable
penalties and interest, which may be imposed by law and arise from or are necessary for the
Proposer's performance of the Work and Services required under the Agreement if so awarded.
Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes
penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.
BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of
Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled
"Business Tax".
INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to
determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish
to the City all such information and data for this purpose as the City may request. The City reserves
the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy
the City that such firm is properly qualified to carry out the obligations of the Contract and to complete
the Work contemplated therein.
PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal
shall be valid for a period of 120 calendar days from the due date of proposals.
SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to
mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in
all of the sheets which make up this Request for Proposals, and any attached sample agreement.
Exceptions to any of the language in either the RFP documents or attached sample agreement,
including the insurance requirements, must be included in the proposal and clearly defined. Exceptions
to the City's RFP document or standard boilerplate language, insurance requirements, terms or
conditions may be considered in the evaluation process; however, the City makes no guarantee that
any exceptions will be approved.
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ATTACHMENT "A"
RFP 10-15 for ON-CALL FIRE PROTECTION ENGINEER DESIGN SERVICES
`NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN ENVELOPE #1,
"QUALIFICATIONSIWORK PROPOSAL"
SIGNATURE AUTHORIZATION
NAME OF PROPOSER/FIRM:
A. I herebycertify that I have the authority to offer this proposal to the City of Palm Springs for the
Y Y
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.
SIGNATURE
PRINT NAME
B. The following information relates to the legal consultant listed above, whether an individual or a
company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
_An individual;
A partnership, Partners' names:
_A company;
A corporation
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.
2. My tax identification number is:
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) # is/are hereby acknowledged.
Page 1 I of 34
ATTACHMENT"B"
*SAMPLE ONLY--INTENTIONALLY LVCOMPLETE*
CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
ON-CALL FIRE PROTECTION ENGINEER DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and
entered into, to be effective this day of , 2015,by and between the CITY OF
PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City")
and XXXXXXXXXXXX, (hereinafter referred to as "Consultant"). City and Consultant are sometimes
hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties."
RECITALS
A. City has determined that there is a need for As-Needed, "On-Call" Fire Protection
Engineer Design Services for a variety of future public works projects, (hereinafter the "Project").
B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call" Fire
Protection Engineer Design Services for a variety of future public works 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
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.
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All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal
shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract
Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest
priority document, which shall be determined in the following order of priority: (1") the terms of this
Agreement; (2nd) 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, (41") 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.
1.8 Performance of Services. City Manager or the City Engineer of the City, 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
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City Manager or the City Engineer to the Consultant, incorporating therein the identification and
description of the Work to be performed, a maximum or not to exceed amount for such Work, and the
time to perform this Agreement.
1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with
all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as
amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should
Consultant so employ such unauthorized aliens for the performance of any work and/or services under
this Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits,
claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands,
orders, or penalties which arise out of or are related to such employment, together with any and all
costs, including attorneys' fees, incurred by City.
2.0 COMPENSATION
2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that
the scope of services required by this Agreement will vary dependent upon the number, type, and
extent of the services or work the Consultant shall provide; and no guarantee of the extent or the type
of services required of Consultant under the terms of this Agreement is made by the City. The annual
level of services required by this Agreement is unknown, and may significantly increase or decrease
from year to year. In acknowledgement of the fact that the number and type of city 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 City
Engineer or the City Manager as provided in this Section 2.1. For the services rendered pursuant to
this Agreement, the Consultant shall be compensated in accordance with the "Schedule of
Compensation" attached hereto as Exhibit "D" and incorporated herein by this reference.
The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment for
time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit
"D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation
shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone
expense, transportation expense, and all other necessary expenditures required to perform the
professional services under this Agreement. Compensation shall include the attendance of Consultant
at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to
any additional compensation for attending said meetings. Consultant hereby acknowledges that it
accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly
or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional
compensation therefore.
It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject
to the number and type of city 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 city 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
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services (pursuant to Schedule "D") necessary for city projects. Subject to existing cost limits
established by municipal code.
2.2 Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment,
no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form
approved by the City's Finance Director, an invoice for services rendered prior to the date of the
invoice. Such requests shall be based upon the amount and value of the services performed by
Consultant and accompanied by such reporting data including an itemized breakdown of all costs
incurred and tasks performed during the period covered by the invoice, as may be required by the City.
City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt
of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one
payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is
requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth
with particularity all terms of such amendment, including, but not limited to, any additional professional
fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or
other work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other work product, or
work; and/or (b) to provide for additional services not included in this Agreement or not customarily
furnished in accordance with generally accepted practice in Consultant's profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement.
If such appropriations are not made, the City Manager may terminate this Agreement as provided in
Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and
Consultant shall not be entitled to payment for any work or services that Consultant may provide.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The
time for completion of the services to be performed by Consultant is an essential condition of this
Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according
to the agreed upon Schedule of Performance for each Task Order.
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all Services within the time
period(s) established in the Schedule of Performance. When requested by Consultant, extensions to
the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract
Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the
City shall not be obligated to grant such an extension.
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
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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: xxxxxxxxx, name and xxxxxxx 'title. It is expressly understood that the experience,
knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial
inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be
responsible during the term of this Agreement for directing all activities of Consultant and devoting
sufficient time to personally supervise the services performed hereunder. The foregoing principal may
not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by
the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's
responsibility to ensure that the Contract Officer is kept fully informed of the progress of the
performance of the Services, and the Consultant shall refer any decisions which must be made by City
to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder
shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge,
capability, expertise, and reputation of Consultant, its principals and employees, were a substantial
inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the
performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by
operation of law, without the prior written consent of City. Consultant shall not contract with any other
entity to perform the Services required under this Agreement without the prior written consent of City. If
Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for
persons directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor 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.
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4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent contractor,
and nothing herein shall be deemed to make Consultant a City employee. During the performance of
this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity
and shall not act as City officers or employees. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of its officers, employees, or agents, except as set forth in this Agreement.
Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed
business location at City's offices. City shall have no voice in the selection, discharge, supervision, or
control of Consultant's employees, servants, representatives, or agents, or in fixing their number,
compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its
employees in connection with this Agreement and shall be responsible for all reports and obligations
respecting them, including but not limited to social security income tax withholding, unemployment
compensation, workers' compensation, and other similar matters. City shall not in any way or for any
purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a
member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or
liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or
agents in connection with any performance under this Agreement. Except for professional fees paid to
Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation
to Consultant for the performance of Services under this Agreement. City shall not be liable for
compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness
arising out of performing Services hereunder. If for any reason any court or governmental agency
determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8
herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants,
representatives, subcontractors, 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
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accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that Consultant is
unaware of any professional liability claims made against Consultant and is unaware of any facts which
may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification
pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement
providing that the required limits of the policy shall apply separately to claims arising from errors and
omissions in the rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy shall
be continued in full force and effect at all times during the term of this Agreement, and for a period of
three (3) years from the date of the completion of the Services provided hereunder. In the event of
termination of the policy during this period, Consultant shall obtain continuing insurance coverage for
the prior acts or omissions of Consultant during the course of performing Services under the terms of
this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in
coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other
insurance arrangements providing for complete coverage, either of which shall be subject to the written
approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence" basis, the
policy shall be continued in full force and effect during the term of this Agreement, or until completion of
the Services provided for in this Agreement, whichever is later. In the event of termination of the policy
during this period, new coverage shall immediately be obtained to ensure coverage during the entire
course of performing the Services under the terms of this Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full
force and effect throughout the term of this Agreement, workers' compensation insurance in at least the
minimum statutory amounts, and in compliance with all other statutory requirements, as required by the
State of California. Consultant agrees to waive and obtain endorsements from its workers'
compensation insurer waiving subrogation rights under its workers' compensation insurance policy
against the City and to require each of its subcontractors, 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 contractors, 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.
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5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager prior to commencing any work or services
under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions.
City reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the City
Manager may require evidence of pending claims and claims history as well as evidence of
Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in
excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance
policies required of Consultant pursuant to this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary
insurance as respects City and its officers, council members, officials, employees,
agents, and volunteers. Any insurance or self-insurance maintained by the City and its
officers, council members, officials, employees, agents, and volunteers shall be in
excess of Consultant's insurance and shall not contribute with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers, council
members, officials, employees, agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to
this Agreement are intended to apply to each insured, including additional insureds,
against whom a claim is made or suit is brought to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its operations
shall limit the application of such insurance coverage.
5.3.4 None of the insurance coverages required herein will be in compliance with these
requirements if they include any limiting endorsement which substantially impairs the
coverages set forth herein (e.g., elimination of contractual liability or reduction of
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 subcontractors, 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 subcontractors 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
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imposes any additional obligations on the City nor does it waive any rights hereunder in
this or any other regard.
5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during
the term of this Agreement have been renewed or replaced with other policies providing
at least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. Endorsements as required in this Agreement applicable to
the renewing or new coverage shall be provided to City no later than ten (10) days prior
to expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained in this section
are not intended as limitations on coverage, limits, or other requirements nor as a waiver
of any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue, and is
not intended by any party or insured to be limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this section.
5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out 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 Sufficiency of Insurers. Insurance required herein shall be provided by authorized
insurers in good standing with the State of California. Coverage shall be provided by insurers admitted
in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such
requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting all of the coverages
required by this Agreement. The certificates and endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and
approved by the City before work commences. City reserves the right to require Consultant's insurers
to provide complete, certified copies of all required insurance policies at any time. Additional insured
endorsements are not required for Errors and Omissions and Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto
Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability
Insurance Coverage with an approved Additional Insured Endorsement with the following
endorsements stated on the certificate:
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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
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. INDEMNIFICATION
6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees,
agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities,
actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages,
demands, orders, penalties, and expenses including legal costs and attorney fees (collectively
"Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's
employees included), for damage to property, including property owned by City, from any violation of
any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant,
its officers, employees, representatives, and agents, that arise out of or relate to Consultant's
performance under this Agreement. This indemnification clause excludes Claims arising from the sole
negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and
volunteers. Under no circumstances shall the insurance requirements and limits set forth in this
Agreement be construed to limit Consultant's indemnification obligation or other liability under this
Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of
this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully
and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action
is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party
to this Agreement.
6.2 Design Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Consultant is a "design
professional" under California Civil Code Section 2782.8, then:
A.To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole
cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents
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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,
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-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 6.1 in favor of the
Indemnified Parties. In additions, 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.
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.
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7.3 Ownership of Documents. All drawings, specifications, reports, records, documents,
memoranda, correspondence, computations, and other materials prepared by Consultant, its
employees, subcontractors, 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
subcontractors 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
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
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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 8.43, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the
extent that the total cost for completion of the Services required hereunder exceeds the Maximum
Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and
City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the
amounts owed the City as previously stated. The withholding or failure to withhold payments to
Consultant shall not limit Consultant's liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing
and signed by a duly authorized representative of the Party against whom enforcement of a waiver is
sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term
contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default
or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the
covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this
Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are
cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude
the exercise by it, at the same or different times, of any other rights or remedies for the same default or
any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal
action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement.
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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 Emplovees.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. No officer or employee of the City shall have any financial interest,
direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any corporation,
partnership, or association in which he/she is, directly or indirectly, interested in violation of any state
statute or regulation. Consultant warrants that it 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 race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall
ensure that applicants are employed, and that employees are treated during their employment, without
regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions
shall include, but not be 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.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copvriaht Infrinnement.
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
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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, California92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: xxxxxxx firm name
Attention: xxxxxxx
Xxxxxxx address
Xxxxxxx address
Telephone: (xxx) xxx-xxxx
Facsimile: (xxx) xxx-xxxx
Email: xxxxxxxxxxxxxxx
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties and supersedes all prior negotiations, arrangements, agreements, representations, and
understandings, if any, made by or among the Parties with respect to the subject matter hereof. No
amendments or other modifications of this Agreement shall be binding unless executed in writing by
both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted
in such a manner as to be effective and valid under applicable law, but if any provision of this
Agreement shall be determined to be invalid by a final judgment or decree of a court of competent
jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without
invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the
invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain
or renders this Agreement meaningless.
10.6 Successors in Interest.This Agreement shall be binding upon and inure to the benefit
of the Parties' successors and assignees.
Page 26 of 34
10.6 Third Party Beneficiary.Except as may be expressly provided for herein, nothing
contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring,
any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any
entity or person not a party hereto.
10.7 Recitals.The above-referenced Recitals are hereby incorporated into the Agreement as
though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for
purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the
Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is
duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is
signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound
to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any
provision of any other Agreement to which the Party for which he or she is signing is bound.
(SIGNATURES ON FOLLOWING PAGE)
Page 27 of 34
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 OF PALM SPRINGS, CA
By By
City Clerk City Manager
Date: Date:
By
City Engineer
Date:
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
By Date: Agreement No.
City Attorney
Date:
CONSULTANT
Name: xxxxxxxxxxx
Check one: _Individual_Partnership_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: xxxxxxxxxxx
xxxxxxxxxxx
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
Page 28 of 34
EXHIBIT "A"
SCOPE OF SERVICES
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide As-Needed, On Call Fire Protection Engineer Design Services to the City of
Palm Springs. These services will be on an intermittent as-needed basis. The scope of work is
generally described as follows:
Consultant must be a licensed California Fire Protection Engineer (FPE) consultant that has extensive
experience in fire alarm design. The successful consultant will provide design and consulting services
related to designing new, or upgrading existing, fire alarm systems located in City facilities. The scope
of consultant's services shall be to provide designs, plans, technical specifications, and drawings which
comply with local fire authority plan review and permitting requirements, and assist with document
preparation necessary to provide potential fire alarm contractors sufficient information to bid the
projects. All designs shall comply with applicable chapters of the 2013 California Fire Code, 2013
NFPA 72 National Fire Alarm and Signaling Code and the 2013 California Electric Code.
Consultant may assist the City with various assignments including but not limited to:
4. Provide registered engineer for preparation of all requested plans, reports or opinions.
5. Understanding of current state and federal law with respect to the California Fire Codes, Alarms,
Fire Protection and signaling codes.
6. Preparation of plans and specifications, recommendations for future projects and or assist with
existing work in progress.
Consultant shall, upon request of City, provide proposal for the requested project. The proposal shall
include Not to Exceed Cost based upon Exhibit D hourly rates, time for completion and schedule of
work. At the conclusion of each project, Consultant shall submit to City a project completion file which
contains all required project information, forms, certifications, communications, utility contacts, etc. An
electronic version of the project plans and specifications (if any) shall also be submitted in accordance
with City requirements.
Work shall include "kickoff' periodic coordination meetings, construction site visits, final project closeout
and billing shall be monthly.
Responsibilities of the City:
6. The City will direct the development of individual projects in writing, provide management
oversight, coordinate with third party consultants as needed and conduct administrative
arrangements.
7. The City will provide Consultant with a brief scope of work for specific federally funded and/or
locally funded projects as needed for City projects for Consultant's use in preparing a cost and
time schedule estimate based upon billable hours and rates pursuant to this Agreement. If
satisfactory, the City shall provide a written acceptance of Consultant's estimate and issue a
separate Notice to Proceed as a Task Order. Alternately, the City may issue a Task Order to
perform work without an estimate due to the nature of the project. All work will be based on the
approved agreement.
8. The City will pay an agreed upon amount normally within 30 days after receipt of an approved
invoice(s). The City may retain 5% of each invoice on as case by case basis for Task Orders
that have been negotiated based on scope of work if the City feels it is appropriate.
9. The City will not be able to provide dedicated workspace facilities i.e. office space.
Page 30 of 34
EXHIBIT "A"
SCOPE OF SERVICES
10. The City reserves the right to perform any portion of the scope of work with City personnel
and/or by other Consultants.
END OF EXHIBIT "A"
Page 31 of 34
EXHIBIT "B"
CITY'S REQUEST FOR PROPOSALS
CITY S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE
Page 32 of 34
EXHIBIT "C"
CONSULTANT'S PROPOSAL
CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE
Page 33 of 34
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
SCHEDULE OF COMPENSATION
Attached hourly rates shall apply through xxxxxxx (date), after which, at the request of consultant, they
may be adjusted annually according to the Consumer Price Index, Los Angeles, Orange, Riverside Co,
all urban consumers by comparing the change in the index for the month of xxxxx.
If any proposal submitted to the City for requested projects includes task items payment for said task
items cannot exceed 75% until task item is 100% completed.
END OF EXHIBIT "E"
Page 34 of 34
D �Cq11% 1 Al._
Cost Proposal
City of Palm Springs RFP #10-15 - Request for Proposals for
On-Call Fire Protection Engineer Design Services
Aon FPE 2015 Billing Rates
Billing Rates will be based upon the following schedule:
Senior Vice President $232.00 per hour
Office Leader/Practice Leader $215.00 per hour
Project Director/Project Manager $204.00 per hour
Senior Consultant/Designer $183.00 per hour
Associate Consultant/Designer $173.00 per hour
Consultant/Designer $149.00 per hour
CAD Operator $93.00 per hour
Administrative Assistant $81.00 per hour
Reimbursable Expenses
Reimbursable Expenses for the items below will be billed at cost, as follows:
• Express delivery service
• Fees paid for securing approval of authorities having jurisdiction over this part of the project
• Parking
• Meals while traveling
In addition, the Client agrees to reimburse Aon FPE for any of the above expenses incurred by
Aon FPE as a result of the Client canceling or rescheduling a meeting or site visit. These
expenses will be billed at cost plus ten (10) percent
AON
Aon Fire Protection Engineering Corporation I aonfpe.com Empower Results®
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Statement of Qualifications
City of Palm Springs RFP #10-1 S - Request for Proposals
' for On-Call Fire Protection Engineer Design Services
' City of Palm Springs
Department of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: Leigh Gileno, Procurement Specialist II
July 16, 2015
i Slav
Aon Fire Protection Engineering Corporation I aonfpe.com Empower Results®
1
Cover Letter
July 16, 2015
Ms. Leigh Gileno
' Procurement Specialist II
City of Palm Springs
' Department of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Ms. Gileno:
' Thank you for allowing Aon the opportunity to submit qualifications for the City of Palm Springs RFP#10-15-
Request for Proposals for On-Call Fire Protection Engineer Design Services.
A great deal of care, attention, and effort went into preparing our submittal. In the course of reviewing our
response, we trust our attention to detail will be apparent to you. Our response is intended to demonstrate our
' commitment to providing quality, fee-efficient, and timely services.
More importantly, we hope it demonstrates our commitment to the City of Palm Springs.
' Please let us know if we can assist in any way as you work through the selection process.
Sincerely,
Aon Fire Protection ngineering Corporation
Qui Duong, P.E.
Office Leader, San Diego
+1.858.716.2783
' qui.duong@aon.com
\tpw
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AQV 2
Aon Fire Protection Engineering Corporation
Table of Contents
CoverLetter .......................................................................................................................................................2
Section A — Firm Qualifications, Project Team, Experience, and Background...........................................4
A 1 Aon FPE Firm Contact Information ... . ... ...... . ... . .. .... . ... .. . ... ... ... .. 4
A,2 Firm Principal with Contract Binding Authority ..... ... . ... .. ..............4
A 3 Aon FPE's Background and Qualifications. ... .... . ... . .... . ...... ..... ...... ..4
Firm Background .. ... . ... . ...4
FirmQualifications ... . ... .. .... . ... .. .. .. .. ... . . .... ... . .... ..... ...... . ...... ... ...... . ... 5
Prior Select Projects in Palm Springs and the Coachella Valley..... ...... ..... ... - ... . ..... ... - _6
Prior Select City Plan Review Jurisdictions... . .... ... . .. .... .... .... . ... ... ....6
Organization Chart of San Diego and Los Angeles Aon FIRE offices. . . . ... ... ..... 7
AA Aon FPE Key Project Team Members and Qualifications. - . . . . . . .... . ... . ...... .... ... . ..... 8
A.5 Aon FPE Sub-consultants .... .. ......I... ... .. ... ...... ..._. - 13
Section B — Understanding Fire Protection Engineering Methodology ....................................................14
B I Work Plan Process and Methodology.. .... ... . ........ . .. ..... . .......... ... 14
B 2 Project Management— Budget and Schedules . ... .......... .... . .. ... . ... ... 15
B,3 Project Management Tools...
BA Design Services Project Example— Skills and Abilities .... ... ... .... ... ...... . 16
Section C — References and Experience with Projects of Similar Size and Scope..................................17
C,1 References . 17
C.2 Key Issues/Challenges and Resolutions ... .......... . ... . 21
San Gorgonio Memorial Hospital, Banning, CA _ ... ...... ... . ... ..... . .... . .... ..... . ... . . 21
Ronald Reagan Building, Los Angeles, CA .. ... . ... . .. ........... . ...... ... . ............. ... . .... . . 21
Riverside Community Hospital — Riverside, CA....... . .. .
Kimpton Hotel, Palm Springs, CA.. .. ... . . . .... ..... . ..22
Section D — Local Expertise Demonstrated on the Team..... ............ ........................................................23
D 1 Solicitation Response (Attachment A) and Business License within the Coachella Valley........ .....23
D,2 Team Members with Local Expertise .... .. .... ... ......... ....... .......... . ... .. .... . .... .... . ...23
Attachment A— Signature Authorization and Addenda Acknowledgment
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON 3
Aon Fire Protection Engineering Corporation
Section A — Firm Qualifications, Project Team ,
Experience, and Background
' A.1 Aon FPE Firm Contact Information
Firm Name Aon Fire Protection Engineering Corporation
Firm Type Corporation
State Incorporated Delaware
Address 11770 Bernardo Plaza Court, Suite 116
San Diego, CA 92128
Phone Number 1.858.673.5845
Fax Number 1.858.673.5849
Contact Person Qui Duong, P.E., Office Leader
E-mail Address qui.duong@aon.com
' A.2 Firm Principal with Contract Binding Authority
Principal's Name Garner A. Palenske, P.E.
Title Senior Vice President I US West Region
Phone Number 1.858.673.5845
' E-mail Address garner.palenske@aon.com
A.3 Aon FPE's Background and Qualifications
Aon FPE is a leading
Firm Background global provider of
' Founded in 1939, Aon Fire Protection Engineering (formerly known as Schirmer fire protection
Engineering) became the first independent fire protection engineering firm to help engineering,code
insurance companies analyze and minimize risk to life and property. Since then, we consulting and
' have been a leader in the evolution of the industry. In 2010, Schirmer Engineering security consulting
Corporation changed its name to Aon Fire Protection Engineering Corporation (Aon services.
FPE) to align the organization more closely with its parent company, Aon. We have
' been developing innovative and cost-effective systems and programs to protect
people and property for over 75 years.
Aon FPE is known
' Through our firm's tradition of defining innovative, client-oriented engineering and for helping clients
risk control services, we have built one of the industry's largest, oldest, and most avoid costly project
widely respected fire protection engineering firms. As a result of the firm's support and code
' of, and participation in, organizations such as the National Fire Protection compliance pitfalls
Association (NFPA), International Building Code (IBC), American Society for early on in the
Testing and Materials (ASTM), Society of Fire Protection Engineers (SFPE), design stages.
American Society for Industrial Security(ASIS), and numerous codes and
standards committees, we have developed a tradition of remaining on the leading
edge of fire protection and security technology.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AQV 4
' Firm Qualifications
Aon FPE is uniquely qualified to perform fire alarm design services for the following reasons:
The proposed project team was selected for City of Palm Springs projects based upon their
extensive experience providing fire alarm design services for similar projects and specialized
' expertise. The team has over 100 years of combined experience with like projects, have
worked on projects in the Coachella Valley and throughout Riverside County, and they are
familiar with the jurisdiction.
1 • Aon FPE has extensive experience working on city, county, and government projects, such
as the Palm Springs Public Library, San Diego New Main Library, San Diego County
Administration Building, Ronald Reagan State Building (Los Angeles), Oceanside California
Highway Patrol Facility, Perris Sheriffs Station, and the Riverside County Transportation
Highway Operations Center.
• Aon FPE works regularly with the Riverside County Fire Department and understands local
rules and regulations. Our services will address local requirements, thus minimizing costly
redesign. The result will be lower overall project cost as well as minimization of construction
schedule interruption.
• Aon FPE is an industry leader in the use of BIM for the design of fire protection systems. By
using Autodesk Revit MEP, the industry's leading BIM software, Aon FPE designs sprinkler,
fire alarm, and egress systems in three-dimensional environments. The use of BIM enables
early decision-making, better documentation, evaluation of alternatives for sustainable
design, and improved coordination of all building mechanical systems.
BIM Giants: Firms enhance BMW with
advanced collaboration tools [2014 Giants 300
Report]
am"ased day s*aft rapid knadue deskn aid aus"lisdpine mAla krAllm am anoq me
wwM trends m tW MMAW field,atcanft to W+C's NU GbM=Report-
, TOP BIM ENGINEERING FIRMS
Rank Company 2013 BIM
Revenue
51 H.F. Lenz 3,375,000
52 CJL Engineering 3.250,000
I 53 Apogee Consulting Group 2,848,268
54 Primera Engineers 2,300,000
55 KCI Technologies 1,795,000
56 RMF Engineering 1,750,000
' 57 Wick Fisher White 1,123,000
58 Wallace Engineering 1,100,000
59 GHT Limited 1,100,000
' 60 Aon Fire Protection engineering 1,000,0
Corp.
61 ThermalTech Engineering 1,000,000
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON 5
Prior Select Projects in Palm Springs and the Coachella Valley
• College of the Desert, Various Buildings—Palm Desert, CA
• Dick's Sporting Goods— Palm Desert, CA
• Duke Perris Logistics Center Buildings 1 and 2 — Perris, CA
• Embassy Suites— Palm Desert, CA
• Fairfield Resorts— Palm Springs, CA
I Hyatt Regency Suites—Palm Springs, CA
Indio High School, Various Buildings—Indio, CA
Kimpton Hotels, Palomar Hotel —Palm Springs/FLS Code
Larson Justice Center—Indio, CA
• Lowe's Companies— Beaumont, CA
• Lowe's Companies— Indio, CA
• Lowe's Companies— Palm Desert, CA
Lowe's Companies— Palm Springs, CA/A/S
Palm Desert Middle School —Palm Desert, CA
• Palm Springs Public Library—Palm Springs, CA
• Polo Square— Indio, CA
• San Gorgonio Memorial Hospital, Various Buildings and Facilities— Banning, CA
• Sheraton Desert Cove Hotel—Cathedral City, CA
• Walmart— Beaumont, CA
Prior Select City Plan Review Jurisdictions
Aon FPE has conducted recent city plan review services for the following jurisdictions in Southern California:
Chino Valley Independent Fire District, CA
Encinitas Fire Department, CA
Rancho Santa Fe Fire Protection District, CA
1
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services Am 6
1 Organization Chart of San Diego and Los Angeles Aon FIDE offices
1Garner Palenske. PE
1
Senior Vice President
1 US West Region
Robert mazurm Tanya Pollock-Williams
1Marketng Analyst Marketing Analyst
• •
1 •- •. • •
Office LeaderOffice Leader
1 Ann Chavez, PE Bill Kerbein
Delores Parker Blake Johnson
J.D. Fahr Cathy Van Boening
Julian Molina Dave Loucks
Julian Samayoa Jim Madden
LaMar Alexander Jon Schram
Mark Verrochi
1 Parrish Pelley
Ruben Betancourt
Steve Thomas, SET
Tanya Williams
1 Timothy Lawyer, SET
Will Fletcher, PE
1
1
1
1
1
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON 7
1
I
A.4 Aon FPE Key Project Team Members and Qualifications
Garner Palenske, P.E. I Senior Vice President, US West Region
I Project Role: Overall Quality Control, Code Consulting, Fire Alarm and Sprinkler
System Design Peer Review
Education: B.S., Civil Engineering (Structural Concentration)
CaliforniaAN State University Fullerton, 1986
B.A., Business Administration, California State University Fullerton, 1979
Professional Licenses:
• California# FP 1216, Exp. 6/30/2017
Arizona#40464, Exp. 3/31/2016
Minnesota#41194, Exp. 6/30/2016
• New Mexico# 17425, Exp. 12/31/2016
• Nevada#021932, Exp. 12/31/2016
IUtah# 7317182-2202, Exp. 3/31/2017
Availability: Garner will be 50-percent available for City of Palm Springs projects.
IMr. Palenske is a registered Fire Protection Engineer with over 29 years in the industry. His experience
includes fire alarm system design and testing, computer fire modeling, smoke control system design and
testing, code analysis, and automatic fire sprinkler system design and testing. Garner's project management
experience includes the design of new facilities, renovation of existing facilities, retrofit in existing facilities,
site investigations, and evaluation and assessment of historic structures. Typical occupancies include
' educational facilities, high-rise buildings, historic structures, hospitals and medical centers, laboratories,
military buildings, offices, research, and warehouses.
Throughout his career, Mr. Palenske has been heavily involved in the code development process. Presently,
he serves on the National Fire Protection Association's"Automatic Sprinkler System Committee," (NFPA 13).
Prior to joining Aon Fire Protection Engineering, Mr. Palenske was the Fire Protection Engineer for the San
Diego City Fire Department. His responsibilities included establishing technical policies, code adoption, and
design parameters with project design teams.
I
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services Aon 8
I
Qui Duong, P.E. I Office Leader
Project Role: Engineer of Record, Code Consulting, Fire Alarm and Sprinkler System
Design Peer Review
Education: B.S., Mechanical Engineering, Ecole Polytechnique de Montreal,
University of Montreal, Quebec, Canadal986
Professional Licenses:
• California# FP 1573, Exp. 6/3 012 0 1 7
1 : Arizona#48837, Exp. 12/31/2017
Colorado#42364, Exp. 1 0131/2 0 1 5
• Montana#29508PE, Exp. 6/30/2016
• Nevada#021919, Exp. 12/31/2016
• Oregon#81973PE, Exp. 12/31/2015
• Texas# 113597, Exp. 12/31/2015
• Washington#44944, Exp. 5/1/2017
I • Wyoming# 14047, Exp 12/31/2015
Availability: Qui will be 70-percent available for City of Palm Springs projects.
Mr. Duong is a registered Fire Protection Engineer with over 28 years of experience in the industry. His
experience includes code analysis, fire protection system design and testing, plan review services, high-piled
storage analysis, loss prevention and control services, hazardous occupancy analysis, and plan reviews/
inspections of new construction projects. His project management experience includes city, county, and
government buildings, casinos, hospital and health care facilities, hotels, military, industrial manufacturing
facilities, and pharmaceutical research laboratories.
Prior to joining Aon FPE, Mr. Duong was a Fire Protection Consultant for more than 16 years with GE Global
Asset Protection Services (GE GAPS) and Factory Mutual. His responsibilities included assisting customers
physically protect their facilities against the hazards of fire, explosion, earthquake, and other hazards.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON 9
Timothy Lawyer, S.E.T. I Project Manager
' Project Role: Project Manager, Senior Fire Alarm and Smoke Control Designer
Education: University of California, San Diego Extension—
HVAC System Design and Control, 2001
Fire Protection Certificate, 1995
Grossmont College, Evidence Technology, and Cuyamaca College, Electronics
Professional Certifications:
• National Institute for Certification in Engineering Technologies (NICET):
■ _ Level IV Fire Alarm Systems, Level III —Special Hazard Systems Layout
j Alternate on NFPA 72 Technical Committee
Availability: Timothy will be 70-percent available for City of Palm Springs projects.
Mr. Lawyer has over 24 years of experience in the areas of fire alarms, security alarms, access control, and
special hazard suppression systems. His responsibilities include project management, site surveys, preparing
cost estimates, producing design drawings, writing technical specifications, smoke control special inspections,
developing project schedules, and witnessing final acceptance tests for new construction and retrofit projects.
Timothy's project experience includes hospital and healthcare facilities, airports, casinos, high-rise offices,
' hotels, regional malls, large mixed-use buildings, educational facilities, retail spaces, military sites, and many
other unique structures.
In addition to fire alarm design, Mr. Lawyer has developed expertise in troubleshooting mechanical smoke
control and fire alarm systems. He has assisted building owners and developers in resolving complex fire
alarm and mechanical smoke control issues during construction to help open buildings on time. Mr. Lawyer's
expertise and background in the design and installation of special hazard systems have also provided crucial
support as an expert witness for kitchen hood suppression system installation practices, and support for the
investigation of grease fires in mechanical hood and duct systems.
1
� L
' 1
1
t
1
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AoN
10
1
1
David Loucks I Senior Fire Alarm Design Consultant
Project Role: Senior Fire Alarm Designer
Availability: David will be 90-percent available for City of Palm Springs projects.
Mr. Loucks will serve as Project Manager for all City of Palm Springs projects. He will be the main point of
contact for daily issues, as well as the senior fire alarm designer. David is a Senior Designer specializing in
fire alarm systems with over 40 years of experience in the design and installation of fire alarm, security, and
public address systems for various occupancies including commercial, hospital and healthcare facilities, high-
rise buildings, educational facilities, offices, and residences. In addition to his industry practice, David is an
accomplished fire alarm design standards educator. He was a faculty member of the University of California,
San Diego Fire Protection Technology Program, and has taught National Institute for Certification in
' Engineering Technologies (NICET) preparation courses for the International Brotherhood of Electrical
Workers (IBEW).
1 Prior to joining Aon FPE, David worked as a fire alarm and security system contractor and was responsible for
design, engineering, and project management. His experience included retrofit and replacement systems, site
network systems, and smoke-control systems.
Ann Chavez, P.E. I Senior Fire Alarm Design Consultant
' Project Role: Senior Fire Alarm and Smoke Control Designer
Education: B.S., Civil Engineering, California State University, Fullerton, CA
Professional License:
California # FP 1633, Exp. 6/30/2016
Availability: Ann will be 65-percent available for City of Palm Springs projects.
Ms. Chavez is a registered Fire Protection Engineer with over 20 years in the industry. Her experience
includes negotiation with public officials, building and fire code consulting, smoke control systems design, due
diligence surveys, plan review, fire risk assessment, fire alarm and sprinkler system testing and hazardous
materials handling and storage. Her working knowledge of the Uniform and International Fire Codes (UFC &
' IFC) and the National Fire Code (NFC) helps to provide efficient project design and management.
Ms. Chavez's project experience includes high-rise office and residential buildings, educational facilities,
university and private sector laboratories, assembly occupancies, historical buildings, manufacturing,
warehousing, retail centers, airports, libraries, mixed-use retail and healthcare facilities. Ann is well versed in
coordinating efforts with fire authorities, owners, designers, and users. Her experience involves managing
large-scoped multiple phase projects involving egress analysis, hazardous materials handling and storage,
structural fire protection, fire and building code outline reports, plan check and has experience with both new
construction and renovated buildings.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services Am11
I
1
1
Parrish Pelley I Senior Fire Alarm Design Consultant
Project Role: Senior Fire Alarm Designer, Fire Sprinkler System Designer
Education 1 Certificate: Electronic Drafting Technology, Electronic Circuit Board
Design, Architectural Design, Palomar College, San Marcos, CA 1991
AutoDesk Revit MEP Certificate of Completion, 2011
MiraCosta College, Oceanside, CA, 1991
Availability: Parrish will be 85-percent available for City of Palm Springs projects.
Mr. Pelley is a Senior Design Consultant with over 23 years of experience in the fire protection field. Parrish
specializes in the layout and design of fire alarm, smoke control, and other low voltage electrical systems,
including mass notification and nurse call systems. His extensive AutoCAD and Building Information Modeling
(BIM) knowledge allows him to efficiently designing systems in various industries including hospitals and
medical centers, high-rise buildings, commercial occupancies, retail stores, and educational facilities.
' Prior to joining Aon Fire Protection Engineering (Aon FPE), Parrish worked as a design manager for a
nationwide electrical and engineering contractor. His excellent project management skills contributed to the
seamless and proficient principal design interface amongst clients, project team members, and field
installation teams.
IMark Verrochi I Associate Consultant
Project Role: Fire/ Life Safety Building Code Consulting
Education: B.S. Civil Engineering and B.S. Mechanical Engineering,
Worcester Polytechnic Institute, 2006
Masters of Science, Fire Protection Engineering,
Worcester Polytechnic Institute, 2008
Availability: Mark will be 80-percent available for City of Palm Springs projects.
Mr. Verrochi has seven years of experience in the fire protection engineering industry. Specifically, he
specializes in building and fire code consulting. His primary responsibilities include code review and
compliance, fire alarm review, egress and life safety analysis, wildland fire exposure protection analysis,
hazardous materials studies, and fire protection risk assessments. His background includes city plan reviews
and analysis, and consulting in a variety of industries. Facility types include higher education, K-12,
pharmaceutical, military, solar, healthcare, high-hazard, and retail.
Well versed in building codes, Mr. Verrochi yields value to design teams by identifying building design
deficiencies in a timely manner, and by providing proper documentation and guidance to facilitate the
necessary approaches to obtaining building permits.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON12
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Ruben Betancourt I Associate Design Consultant
1 Project Role: Fire Sprinkler System Designer
Education: AAS, Computer Aided Drafting Technology, ITT Technical Institute, 2000
1 Availability: RubAn will be 80-percent available for City of Palm Springs projects.
Mr. Betancourt has over 15 years of experience in the fire protection engineering industry. His responsibilities
include preparing design drawings using 3D BIM software such as Revit MEP and AutoCAD, producing
hydraulic calculations, performing site surveys, and witnessing water flow and fire pump tests. In addition to
his automatic sprinkler system design experience, Rub6n is highly skilled and competent in the areas of
1 mechanical, architectural, electrical, structural, and civil drafting. Mr. Betancourt's project experience includes
"big box" stores, hospitals, education facilities, and high-rise buildings.
IA.5 Aon FPE Sub-consultants
Aon FIDE will not retain any sub-consultant firms to fulfill fire protection engineering requirements on City of
1 Palm Springs projects.
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ICity of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AoN13
Section B — Understanding Fire Protection
Engineering Methodology
I B.1 Work Plan Process and Methodology
Aon FPE conducts both technical and quality assurance review of all projects. Prior to work leaving our office,
all deliverables receive a technical peer review to ensure the appropriate selection of analytical methods,
assumptions, and inputs to confirm the results and conclusions of the study. Following incorporation of any
technical comments, each deliverable undergoes an additional quality review to ensure that the documents
meet our requirements for content, form, and traceability.
We are dedicated to providing services that will result in overall value to our clients. This is achieved by:
• Identifying potential issues early in the project development that could otherwise lead to costly changes or
time delays.
• Providing a consistent overview of the project to help maintain project concepts while considering
applicable codes/standards.
• Serving as an essential element of technical quality control.
• Reviewing designs, concepts, etc., to reduce potential contractor change orders.
• Reducing cost by applying progressive concepts for achieving code-compliant designs.
tProviding fire protection and security system designs that use state-of-the-art equipment to insure quality
products are used for your projects.
• Providing innovative approaches to building design through the use of performance-based methods and
computer fire modeling techniques.
• Working closely with local building officials to assure the building is permitted for Certificate of Occupancy
in a timely manner.
• Hiring the best talent and top graduates from the leading engineering schools.
1 Investing heavily in our staffs on-going technical and project management education to enhance and
maintain our staffs awareness of new fire protection technologies, methodologies, and industry trends in
order to develop state-of-the-art designs and provide quality service to our clients.
iMaintaining relationships with building and fire departments to increase the likelihood of acceptance of
proposed equivalencies.
• Maintaining our staffs professional edge by hiring top-level industry practitioners, and rewarding our staff
for individual and team achievements.
1 City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON14
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The workflow process used to achieve the goals above, are broken into the following phases:
• Phase 1 —Site Visit Surveys, Review Existing Documents, Design Team Planning
• Phase 2—Systems Design and Preparation
• Phase 3— Drawing Submittals for approval by the Client and/or Authority Having Jurisdiction
• Phase 4— Bid Services
• Phase 5—Construction Administration Support
Aon FPE has instituted a set of policies and procedures for the design and survey of fire alarm replacement
and upgrade projects that not only provides a smaller environmental footprint, but also results in a cost
efficient, sustainable, and value-engineered system. Aon FPE has been involved in numerous designs that
have been certified by LEED (Leadership in Environmental and Energy Efficient Design)from the U.S. Green
Building Council.
During the survey phases, our team will also inspect the existing conduits, wiring, and supporting equipment
to determine if they can be reused and left in place. This will greatly lower equipment and construction costs
for the City of Palm Springs. In the design phases, value engineering concepts and factors will be
incorporated. Life-cycle costs, maintenance and operational costs, and energy efficiency will also be taken
into account.
B.2 Project Management — Budget and Schedules
All Aon FPE projects are led by experienced project managers familiar with control of budget and schedule for
similar projects. Due dates for milestones and key deliverables are defined with the client at the beginning of
the project. Project status, upcoming deliverables, challenges, and work force needs are discussed at weekly
meetings, with adjustments made to resources as necessary.
Aon FPE is acutely aware of the need to monitor project cost and schedules. All costs and hours charged to
projects are monitored on a continuous basis, with the use of performance management software, such as
Deltek Vision. The project manager obtains summary reports, which details hours charged to the project,
costs incurred, and an overall project financial analysis. This early and constant monitoring of the project
forewarns the project manager of any potential difficulties with the schedule and cost of the project.
B.3 Project Management Tools
iAon FPE uses various software programs, such as Deltek, MS Project, and other software for project
management, scheduling, and budgeting. We also use some of the most efficient Building Information
Modeling (BIM) software, such as Revit MEP and Microstation, along with industry standards(AutoCAD)to
produce submittal-quality drawings.
Aon FPE also has the ability to use newer technology and innovative methods to enhance efficiency of site
visits and inspections. By using devices, such as Apple Fads®, the need to carry hard copy documents and
plans are often eliminated. Revisions to documents can be made directly on the device at the location, and
immediately transmitted to an Aon FPE designer to finalize the documents or save them to the Aon FPE
project record files. Additionally, in the event that construction of the project requires multiple shifts, continuity
of the inspections will be maintained.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON15
BA Design Services Project Example — Skills and Abilities
Sheraton Desert Cove Hotel, Cathedral City, California
The Sheraton Desert Cove hotel is a five-story resort facility with 300 rooms, luxury suites, a conference
center, spa/fitness facility, and restaurant. Aon FPE was retained by ESG Architects to provide fire protection
engineering and code consulting services, which included a complete fire/life safety review of the facility.
The code outline we prepared summarized the fire protection and life safety requirements of the project,
specifically related to the fire alarm and automatic sprinkler systems, standpipe/fire pump system,
underground fire protection water supply routing, elevator recall and cab sizing, and smoke control system.
The outline also addressed the requirement differences between the California Building and Fire Codes and
the Cathedral City Building and Fire Code Amendments, which were more stringent. The comparison allowed
the architect and owner to review the cost impact of implementing the Cathedral Building and Fire Code
Amendments. Although the Cathedral City Amendments were more costly, due to the limited resources
available to the Cathedral City Fire Department, the owner and architect opted to proceed with design plans
that would ensure the safety of the building occupants and structure.
After meetings with the architect and Mr. Bill Soqui of the Cathedral City Fire Department, Aon produced a
basis of design document, along with specifications for the design of the upgraded fire protection systems.
For design team continuity, coordination meetings were held with the architect, structural, mechanical, and
electrical consultants during the plan design, and Aon provide the final design-bid plans in both AutoCAD and
.pdf format.
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City of Palm Springs RFP 410-15
On-Call Fire Protection Engineering Design Services AON16
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Section C — References and Experience with
Projects of Similar Size and Scope
rCA References
San Gorgonio Memorial Hospital
Banning, California
rSan Gorgonio Memorial Hospital, located in Banning, California, is
r undergoing a complete facility upgrade to meet OSHPD
compliance standards. The new upgrades will include the
construction of three new buildings and the renovation of existing
r underground utilities that will serve the new buildings.
Aon Fire Protection Engineering (Aon FPE)was retained to provide
fire protection engineering services over the course of the six
project phases, including the Central Plant, 2-story EM/ICU
Building, and the 5-story Patient Tower. These services include but
' are not limited to coordination of the existing underground fire
service relocation and expansion and design of the automatic
sprinkler system, fire alarm system design services, code
r consulting, and smoke-control system design assistance. Aon FPE
is also providing construction administration services for the six Client
phases of the project. HDR, Inc.
Key personnel who have worked on the project include the Reference
following: Mr. Thomas Onnen, LEED AP
Vice President, Healthcare Principal
• David Loucks HDR, Inc.
• Garner Palenske, P.E. 251 S. Lake Avenue, Suite 1000
• Parrish Pelley
1 • Qui Duong, P.E. Pasadena, CA 91101
• Ruben Betancourt 626-584-1727
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City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON17
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Ronald Reagan State Building
Los Angeles, California
The Ronald Reagan Building is located in Los Angeles, California,
and was built in 1990. The 16-story, 781,000 square foot building
houses the Governor and Lieutenant Governor's Los Angeles
offices, the California Highway Patrol, the Department of Insurance00
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and General Services, and other tenants. A .T3p
am
as
The property is currently undergoing a fire alarm system upgrade to
the existing high-rise building, which includes two underground w _
parking/storage levels, atrium/office levels on floors 1 through 5, W
offices levels in the north tower up to the 13th floor, and office rr Eft
levels in the south tower up to the 16th floor.
Aon FPE was retained by the State of California, Department of
General Services (DGS)to test and document results of the
existing fire alarm system speakers, and design a new fire alarm Client
system to replace the existing system. This ongoing project has Department of General Services
included field investigations, design team meetings, basis of design
reports, preliminary and final bid designs, consultations and References
negotiations with the authorities having jurisdiction, and providing Mr. Samuele Yonan
general consulting services in response to RFI's. Office Building Manager III
Department of General Services
Key personnel who have worked on the project include the Real Estate Services Division,
following: Business & Project Management
' David Loucks Ronald Reagan Building
• Garner Palenske, P.E. 300 S. Spring Street, Suite 1726,
• Parrish Pelley Los Angeles, CA 90013
' Samuele.yonan@dgs.ca.gov
213-897-2243
Mr. Dewayne Hildreth
Project Manager
Department of General Services
Real Estate Services Division,
Business & Project Management
' 1304 O Street, 3rd FI., Rm. 301-A
Sacramento, CA 95814
dewayne.hildreth@dgs.ca.gov
916-327-8373
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON18
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Riverside Community Hospital
iRiverside, California
iRiverside Community Hospital, located in Riverside, California. The
facility is undergoing an extensive expansion, which includes the Aco
RSjEupgrade of fire alarm and fire sprinkler systems to meet OSHPD munity Hospital
compliance standards. The endoscopy renovations include the
renovation of four new procedure rooms, four new Pre-Op rooms,
i seven new PACU bays, and related support areas. In addition, the
surgery renovations includes the construction and/or renovation of Client
four new ORs, one shell OR, a lockers/ lounge facility, and related Perkins+Will
isupport spaces. In addition to the renovations above, Aon FPE
also provided similar services in the Imaging, MRI, and other Reference
hospital departments. Mr. Omar Cantu, AIA, LEED AP
iIn 2013, Aon FPE was retained to provide fire protection BD+C
engineering services, which included fire alarm design services, Associate
' coordinating with the client's facilities department and OSHPD for Perkins+Will
approval of the new fire alarm system design. 10100 North Central Expressway
Suite 300
Key personnel who have worked on the project include the Dallas, TX 75231
following: omar.cantu@perkinswill.com
214-283-8724
i David Loucks
Parrish Pelley
Qui Duong, P.E.
• Ruben Betancourt
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iCity of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON19
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' Kimpton Hotels — Hotel Palomar
Palm Springs, California
Kimpton Hotels is constructing a new 4-star, 6-story luxury hotel on
North Palm Canyon Drive in Palm Springs, CA. The new facility will
feature 190 rooms, a rooftop bar and pool, restaurant, and event
and meeting spaces. The grand opening is scheduled for 2016.
Aon FPE conducted a fire/ life safety review and provided
' additional code consulting services, as needed. These services
included reviewing the schematic design architectural drawings for
compliance with the fire protection and life safety provisions of the https://www.facebook.com/
' 2010 California Building Code (CBC) and 2010 California Fire Pal mSpringsLoves Kim pton
Code (CFC).
' Key personnel who have worked on the project include the Client
following: Awbrey Cook Rogers McGill
Architects
Garner Palenske, P.E.
Mark Verrochi Reference
Mr. Kevin Terra
' Associate Principal
Awbrey Cook Rogers McGill
Architects
' 1045 14th Street, Suite 100
San Diego, CA 92101
kevin@acrma.com
619-814-5479
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' City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services A V20
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' C.2 Key Issues/Challenges and Resolutions
Aon FPE monitors all project budgets regularly to ensure client goals are needs are met.
San Gorgonio Memorial Hospital, Banning, CA
' Issue: Due to the upgrade and renovation of the new 5-story Patient Tower, the tower was classified as a
high-rise building, which required additional design requirements for the automatic fire sprinkler system.
Resolution: Research and review the applicable codes and standards used on this project. As part of the
high-rise building requirements under Section 403.2 and 903.3.5.2 of the California Building Code,
requirements revealed a secondary water supply was needed to meet the hydraulically calculated demand of
the automatic sprinkler system for a minimum duration of 60 minutes. Additionally, because a water storage
tank provides zero head pressure, a fire pump was required to pull water from the water storage tank to meet
the pressure demand of the automatic sprinkler system. A fire pump bypass line was also required to provide
the primary water supply to the sprinkler system. Aon FPE was able to provide calculations that confirmed a
vertical fire pump would allow the necessary water pressure to work with the Aon designed water tank. After
meeting with the client and the authority having jurisdiction, the client obtained permit approval of the design,
' which was designed and installed in accordance with NFPA Standard No. 20, Installation of Stationary Pumps
for Fire Protection, 2003 Edition.
' Ronald Reagan Building, Los Angeles, CA
Issue 1: The existing fire alarm system is no longer supported by the manufacturer(Honeywell). Additionally,
the audible alarms (speakers) operate intermittently and cause trouble signals on the system.
' Resolution 1: Aon FPE reviewed the goals of DGS at the site and performed a preliminary survey of the
facility with Mr. Samuele Yonan, the Office Building Manager. It was apparent from that meeting that cost of
' the replacement was very important, due to funding issues.
As such, we obtained a Code Interpretation on the California State Fire Marshal website"Existing Building
1 Fire Alarm Control Unit," Interpretation 12-001. The interpretation provided that the fire alarm control unit may
be replaced and that the new unit be compatible and listed with the existing devices (smoke detectors, heat
detectors, etc.). This interpretation allowed the possibility of minimizing replacement costs
I DGS required a set of non-proprietary bid drawings and specifications for competitive pricing. Due to the age
of the building, there were no CAD drawings available. This required we convert the original building floor
plans and the existing fire alarm equipment and devices drawings into AutoCAD .dwg files.
Issue 2: The issue with the speaker troubles posed a different approach.
' Resolution 2: We connected the speaker circuits to an impedance bridge. This allowed us to measure the
speaker circuits for power wattage, opens, shorts, continuity, and audibility. This procedure identified the
problems, so that the circuits could be repaired.
At the conclusion of our review, we provided the documentation, drawings, and specifications to DGS and the
State Fire Marshal representative for their review. We revised the documents reflecting their comments, and
when the project was complete-Sam was very happy!
' City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services A V21
Riverside Community Hospital — Riverside, CA
Issue: The existing fire alarm systems for the buildings/areas did not have enough capacity to accommodate
the current code fire alarm devices and notification appliances required.
Resolution: Research and review of the applicable codes and standards confirmed the need for the required
fire alarm devices. Aon FPE produced a comprehensive fire alarm system design, which included additional
synchronized power supplies, audio/visual appliances, and addressable devices. The client obtained the
OSHPD permit, using the Aon produced, permit-quality design drawings. All devices were installed in
' accordance with the following codes and standards:
• California Building Code (CBC), 2013 Edition
' California Fire Code (CFC), 2013 Edition
• California Mechanical Code (CMC), 2013 Edition
' National Fire Protection Association (NFPA) 72, National Fire Alarm and Signaling Code, 2013 Edition
OSHPD Current Can Notices (Code Application Notices)
Kimpton Hotel, Palm Springs, CA
Issue: This project included design challenges associated with the two-story opening connecting the ground
' floor and second floor.
Resolution: Aon FPE worked closely with the architect to provide a code-compliant open lobby configuration,
to meet the needs of the owners.
City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON22
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Section D — Local Expertise Demonstrated on
the Team
D.1 Solicitation Response (Attachment A) and Business License
within the Coachella Valley
Aon FPE does not qualify for local preference according to the RFP guidelines. However, our firm does
employ individuals who live in the cities of Hemet, Murrieta, and Temecula, which are all in Riverside County.
These employees all have the ability to work remotely from home, with all of the tools available to them as if
they were in the office. Their close proximity to Palm Springs will enhance project coordination and issue
resolution, and make travel costs nearly non-existent
' D.2 Team Members with Local Expertise
Due to the highly qualified technical staff, each member of Aon FPE's team has the ability and experience to
work with the local codes and standards used in the Coachella Valley and throughout Riverside County.
Below is a brief list of the employees and their roles in the referenced project.
San Gorgonio Memorial Hospital, Banning, CA
I • David Loucks— Project Manager and Senior Fire Alarm Designer
• Garner Palenske, P.E. —Principal and Overall Quality Control
• Parrish Pelley— Senior Fire Alarm Designer
• Qui Duong, P.E. — Engineer of Record and Peer Review of All Engineering Documents and Plans
t • Ruben Betancourt—Sprinkler System Designer
Kimpton Hotels—Palomar Hotel, Palm Springs, CA
' Garner Palenske, P.E. —Principal and Overall Quality Control, Code Consulting Peer Review
• Mark Verrochi—Building and Fire/Life Safety Code Consultant
Indio High School—Indio, CA
• Garner Palenske, P.E. —Principal and Overall Quality Control
I • Qui Duong, P.E. — Engineer of Record and Peer Review of All Engineering Documents and Plans
• Ruben Betancourt—Sprinkler System Designer
Sheraton Desert Cove Hotel, Cathedral City, CA
• David Loucks—Project Manager and Senior Fire Alarm Designer
• Garner Palenske, P.E. — Principal and Overall Quality Control
• Qui Duong, P.E. —Engineer of Record and Peer Review of All Engineering Documents and Plans
• Ruben Betancourt—SprinklerSystem Designer
' City of Palm Springs RFP#1 D-15
On-Call Fire Protection Engineering Design Services AON23
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1 Attachment A — Signature Authorization and
! Addenda Acknowledgment
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! City of Palm Springs RFP#10-15
On-Call Fire Protection Engineering Design Services AON24
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' ATTACHMENT "A"
IRFP 10-15 for ON-CALL FIRE PROTECTION ENGINEER DESIGN SERVICES
*NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN ENVELOPE#1.
"QUALIFICATIONSIWORK PROPOSAL"*
SIGNATURE AUTHORIZATION
' NAME OF PROPOSERIFIRM:
A. I hereby certify that I have the authority to offer 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.
SIGNATURE
Garner Palenske, P.E., Senior Vice President, US West Region
i ' PRINT NAME Aon Fire Protection Engineering Corporation
' B. The following information relates to the legal consultant 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.
' 1
_A company;
x A corporation
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.isis required to be attached to this document.
' 2. My tax identification number is: 362531450
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) # islare hereby acknowledged.
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