HomeMy WebLinkAboutA6313 - DMC DESIGN GROUP INC - MESQUITE AVE WIDENING CP 12-01 CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
MESQUITE AVENUE WIDENING (WEST OF BELARDO ROAD)
CITY PROJECT NO. 12-01
THIS PROFESSIONAL SERVICES AGREEWNT (hereinafter "Agreement') is made
and entered into, to be effective this D Z day of Q-.su 20Z4 by and between the
CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter
referred to as "City") and DMC Design Group
(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 environmental, civil engineering
design, and construction administration services for the widening of Mesquite Avenue
Widening, west of Belardo Road, City Project No. 12-01, (hereinafter the "Project").
B. Consultant has submitted to City a proposal to provide environmental, civil
engineering design, right-of-way, and construction administration services to City for the
Project 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 arehereby acknowledged,the Partiesagree as follows: -,
1.0 SERVICES OF CONTRACTOR
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 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;
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and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's
Proposal"), which shall all be referred to collectively hereinafter as the "Contract Documents."
The City's Request for Proposals and the Consultant's Proposal, which are both attached
hereto as Exhibits "C" and "D," respectively, are hereby incorporated by reference and are
made a part of this Agreement. The Scope of Services shall include the Consultant's
Proposal. All provisions of the Scope of Services, the City's Request for Proposals, and the
Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency
exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the
provisions in the highest priority document, which shall be determined in the following order of
priority: (18) the provisions of the Scope of Services (Exhibit "A"); (2nd) the provisions of the
City's Request for Proposals (Exhibit "C"); (3ro) the terms of this Agreement; and, (4t') the
provisions of the Consultant's Proposal (Exhibit"D").
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.
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 Worts 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 fumish 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: _
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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 Additional Services. City shall have the right at any time during the
performance of the Services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to, or deducting
from such Work. No such extra work may be undertaken unless a written order is first given by
the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract
Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments
are subject to the written approval of the Consultant. Any increase in compensation of up to
twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or
in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his
designee, as may be needed to perform any extra work. Any greater increases, occurring
either separately or cumulatively, must be approved by the Palm Springs City Council. It is
expressly understood by Consultant that the provisions of this section shall not apply to the
services specifically set forth in the Scope of Services or reasonably contemplated therein,
regardless of whether the time or materials required to complete any work or service identified
in the Scope of Services exceeds any time or material amounts or estimates provided therein.
1.9 Special Requirements. Additional terms and conditions of this Agreement, if
any, which are made a part hereof are set forth in the "Special Requirements" attached hereto
as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit "B" and any other provisions of this Agreement, the provisions in Exhibit
"B" shall govem.
2.0 COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered pursuant to this
- Agreement, Consultant shallbe compensated by City-in accordance with the Schedule of -
Compensation, which is attached hereto as Exhibit"E" and is incorporated herein by reference,
but not exceeding the maximum contract amount of Seventy Eight Thousand Nine
Hundred and Ninety-One Dollars, ($78 991 (hereinafter referred to as the "Maximum
Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of
compensation shall be as set forth in Exhibit "E". Compensation for necessary expenditures
for reproduction costs, telephone expenses, and transportation expenses must be approved in
advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved
if such expenses are also specified in the Schedule of Compensation. The Maximum Contract
Amount shall include the attendance of Consultant at all Project meetings reasonably deemed
necessary by the City. Consultant shall not be entitled to any increase in the Maximum
Contract Amount for attending these meetings. Consultant hereby acknowledges that it
accepts the risk that the services identified in the Scope of Services may be more costly and/or
time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional
compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the
services identified in the. Scope of .Services. The maximum amount of city's payment
- --obligation-under section-is4he�amount specked herein. --If-the-City's-maximum-payment
obligation is reached before the Consultant's Services under this Agreement are completed,
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consultant shall nevertheless complete the Work without liability on the City's part for further
payment beyond the Maximum Contract Amount.
2.2 Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation (Exhibit "E"), 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 Citys 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 Chancres 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, this Agreement shall automatically terminate
without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition
of this Agreement. Consultant shall prosecute regularly and diligently the Work of this
Agreement according to the agreed upon Schedule of Performance (Exhibit "F").
3.2 Schedule of Performance. Consultant shall commence the Services pursuant
to this Agreement upon receipt of a written notice to proceed and shalt perform all Services
within the time period(s) established in the Schedule of Performance, which is attached hereto
as Exhibit "F" and is incorporated herein by reference. 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 periods) 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,
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quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental
agency, including the City, if Consultant, within ten (10) days of the commencement of such
delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall
ascertain the facts and the extent of delay, and extend the time for performing the Services for
the period of the enforced delay when and if in the judgment of the City Manager such delay is
justified. The City Manager's determination shall be final and conclusive upon the Parties to
this Agreement. In no event shall Consultant be entitled to recover damages against the City
for any delay in the performance of this Agreement, however caused, Consultants sole
remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this
Agreement shall commence upon the effective date of this Agreement and continue in full
force and effect until completion of the Services but not exceeding three (3) years from the
date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "F") and
pursuant to Section 3.2 above, unless extended by mutual written agreement of the Parties.
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: David M. Cosper . 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 Consultants 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
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Consultant. City will deal directly with and will make all payments to Consultant. In addition,
neither this Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of
creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder
shall include the transfer to any person or group of persons acting in concert of more than
twenty five percent (25%) of the present ownership and/or control of Consultant, taking all
transfers into account on a cumulative basis. In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release Consultant or any surety of Consultant from any liability hereunder without the express
written consent of City.
4.4 Independent 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 Citys 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
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duration of this Agreement, including any extension thereof, or as otherwise specified herein,
against claims which may arise from or in connection with the performance of the Work
hereunder by Consultant, its agents, representatives, or employees. In the event the City
Manager determines that the Work or Services to be performed under this Agreement creates
an increased or decreased risk of loss to the City, the Consultant agrees that the minimum
limits of the insurance policies may be changed accordingly upon receipt of written notice from
the City Manager or his designee. Consultant shall immediately substitute any insurer whose
A.M. Best rating drops below the levels specified herein. Except as otherwise authorized
below for professional liability (errors and omissions) insurance, all insurance provided
pursuant to this Agreement shall be on an occurrence basis. The minimum amount of
insurance required hereunder shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in
full force and effect throughout the term of this Agreement, standard industry form professional
liability (errors and omissions) insurance coverage in an amount of not less than one million
dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual
aggregate, in accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that Consultant
is unaware of any professional liability claims made against Consultant and is unaware of any
facts which may lead to such a claim against Consultant; or(b) if Consultant does not provide
the certification pursuant to (a), Consultant shall procure from the professional liability insurer
an endorsement providing that the required limits of the policy shall apply separately to claims
arising from errors and omissions in the rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy
shall be continued in full force and effect at all times during the term of this Agreement, and for
a period of three (3) years from the date of the completion of the Services provided hereunder.
In the event of termination of the policy during this period, Consultant shall obtain continuing
insurance coverage for the prior acts or omissions of Consultant during the course of
- performing Services under the terms of this Agreement. The coverage shall be evidenced by -
either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail"
coverage with the present or new carrier or other insurance arrangements providing for
complete coverage, either of which shall be subject to the written approval by the City
Manager.
(3) In the event the policy of insurance is written on an "occurrence"
basis, the policy shall be continued in full force and effect during the term of this Agreement, or
until completion of the Services provided for in this Agreement, whichever is later. in the event
of termination of the policy during this period, new coverage shall immediately be obtained to
ensure coverage during the entire course of performing the Services under the terms of this
Agreement.
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 Califomia. --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
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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.
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'td' 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
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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 imposes any additional obligations on the City nor does it
waive any rights hereunder in this,orany 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.
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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. Bests 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:
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 nd`obligation-or liability of'any kind Upon-the con pany,'its'agents or representative"is
not acceptable and must be crossed out.
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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
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 officers, council
members, officials, 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, its officers, council
members, officials, employees, or agents.
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. In the event a final judgment, arbitration award, order,
settlement, or other final resolution expressly determines that Claims did not arise out of,
pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any
extent, then City shall reimburse Consultant for the reasonable costs of defending the
Indemnified Parties against such Claims, except City shall not reimburse Consultant for
attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending
Consultant or any parties other than Indemnified Parties against such Claims.
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 1ully 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.
Page 11 of 18
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed
accounts of all time, costs, expenses, and expenditures pertaining in any way to this
Agreement. Consultant shall keep such books and records as shall be necessary to properly
perform the Services required by this Agreement and to enable the Contract Officer to evaluate
the performance of such Services. The Contract Officer shall have full and free access to such
books and records at all reasonable times, including the right to inspect, copy, audit, and make
records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services required by this Agreement as the
Contract Officer shall require. Consultant hereby acknowledges that the City is greatly
concerned about the cost of the Work and Services to be performed pursuant to this
Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or decrease the cost
of the Work or Services contemplated herein or, if Consultant is providing design services, the
cost of the project being designed, Consultant shall promptly notify the Contract Officer of such
fact, circumstance, technique, or event and the estimated increased or decreased cost related
thereto and, if Consultant is providing design services, the estimated increased or decreased
cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared by
Consultant, its employees, 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'lnspection 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
Page 12 of 18
necessary to examine, copy, audit, and inspect all accounting books, records, work data,
documents, and activities directly related to Consultant's performance under this Agreement.
Consultant shall maintain such books, records, data, and documents in accordance with
generally accepted accounting principles and shall clearly identify and make such items readily
accessible to such parties during the term of this Agreement and for a period of three (3) years
from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted
both as to validity and as to performance of the Parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Riverside,
State of California, or any other appropriate court in such County, and Consultant covenants
and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties.
The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and
shall not be deemed to limit, expand, or define the contents of the respective sections or
paragraphs.
8.3 Termination. City may terminate this Agreement for its convenience at any time,
without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon
such notice, City shall pay Consultant for Services performed through the date of termination.
Upon receipt of such notice, Consultant shall immediately cease all work under this
Agreement, unless the notice provides otherwise. Thereafter Consultant shall have no further -
claims against the City under this Agreement. Upon termination of the Agreement pursuant to
this section, Consultant shall submit to the City an invoice for work and services performed
prior to the date of termination. In addition, the Consultant reserves the right to terminate this
Agreement at any time, with or without cause, upon sixty (60) days written notice to the City,
except that where termination is due to material default by the City, the period of notice may be
such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant's failure to comply with any provision of this Agreement shall
constitute a default.
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
Page 13 of 18
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
ort 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
Page 14 of 18
9.1 Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Consultant, or any successor-in-interest, in the event of
any default or breach by the City or for any amount which may become due to the Consultant
or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. 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,
Page 15 of 18
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 Citv: City of Palm springs
Attention: City Manager& City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760)323-8204
Facsimile: (760) 323-8332
To Consultant: DMC Design Group, Inc.
140 North Maple Street, Suite 104
Corona, CA 92880
Attention: David M. Cosper, PE
Telephone: (951) 549-8100
Facsimile: (951) 549-8102
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,
Page 16 of 18
nothing contained in this Agreement is intended to confer, nor shall this Agreement be
construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise, upon any entity or person not a party hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth herein and each Party acknowledges and agrees that such
Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i)
the Party for which he or she is executing this Agreement is duly authorized and existing, (ii)
he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for
which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is
signing is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which the Party for which
he or she is signing is bound.
(SIGNATURES ON FOLLOWING PAGE)
Page 17 of 18
IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be
executed the day and year first above written.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS, CA
By
Clity/Clerk Date: City Manager
s2 � //
By c2
( y Engineer
Date: 046--7
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
By � Date: Agreement No.
City Attorney
Date: a/ 3/• /3 APPROVED BY CITY COUNCIL
CONSULTANT
Name: DMC Design Group, Inc.
Check one:_Individual_Partnership XCorporation
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: 140 N. Manle Street, Suite 104
C ron
By ' By:
Signature (notadz Signature (notarized)"
Name: n.,,;d M r. po�, p g Name: r1oppa_A McCoPaughy
Title: President Title: CorWrnte SPrrPtary/TYPamlrPr
Page 18 of 18
CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Caitfomis.
Countyof �,V`ygiole
onM• 21, 2D12 beweme, -Fvw il10
personally appearedM. Cc�SPe� 4 ► 'h inn un4 a c C�nct tJ
a�hl aste�t+l
who proved to me on the basis of satisfaobory evidence to
be ftw parson whose name4D Ls/g&subscribed to ft
within Instrument and me that
*UxOMPwascullied the s47=4 audxmized
and that tINON4 igrlatureo on the
instrumenrthe person or the entity upon Salieff of
MAYRA TRUJILLO which the petson(v sic ed,ae outed flte fn '.
Commission# 1839094
z .'m - Notary Public-California i
= Orange County > I certify under PENALTY OF PERJURY under dw laws
My Comm.Expires Mar 1,2013 J of the State of Calfforr8a that the foregoing paragraph is
true and correct.
WITNESS my and and official lean.
�I
Signature ,._..
P6e9�N 80a AOoes ry
OPnOMAL.
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and MWprarerthatdrdergmmova wd+eatddmrwdo##a's now dl
Description of Attached Documens
Tlda or pe of Dooument:
Document Datec Number of Pages
Signers)Other Than Named Above:
Capaclty(les)Claimed by 8119ner(a)
Signer's Name: Signer's Name:
❑ Individual ❑In lividual
❑ Corporate Ofkw—Ttle(s): ❑Corporate Offger—Title(s):
0 Partner—❑Limited ❑General ❑Partner—❑Limed ❑General
❑ Attomey in Fact ❑Anomey In Fact
❑ Trustee Top old.. I G ❑Trustee Top bA*hors
❑ Guardian or Conservator, - ❑Guardian or Conservator
❑ OHM ❑Othere
.edgier le Representing: Signer Is Representing:
I Mile,
e�uvrrmaoatbayAwonrm�»aosoasamaa.en�zaarre.rr,wsrs®eax. trne.�m amber._w�t�eet-0ao�seert __ .
EXHIBIT "A"
SCOPE OF SERVICES
SCOPE OF SERVICES FOLLOWS THIS PAGE
SEmoNB: SCOPE OF WORK
MANAGEMENT PLAN
DMC's project approach is based upon a proactive Project Management Plan that originates with
our Proposal and is finalized with the initiation of the Notice to Proceed by the City. In
summary, our Management Plan will communicate to each member of the Consultant Team the
organization and communication procedures, task descriptions and assignments, schedule
requirements, cost and resource budgets, project data and design guidelines. One of the key steps
in preparing a useful Management Plan is the development of a detailed Project Work Plan. To
develop this plan, a series of interface meetings will take place among the members of the
Consultant Team to clearly identify the multiple activities required to complete this project.
These activities will include not only specific project tasks, but also agency reviews and
approvals, quality control processes and milestones for deliverables. Assignment of
responsibilities for each activity will also be designated, as generally shown on the proposed
Organizational Chart for this project. Whenever necessary, modifications to the Organizational
Chart will be made in order to Ongstr
s ability to meet changing project
needs and as specific requir s detailed Project Work Plan,
many of the potential ' id tified, expedite the project are
developed, and the av cojium mi ffo a4n TM enhanced at this initial
stage of this project. "
Iv
JE
The ability to cl 'I couni� a ah .e, s " es and technical
matters, is a vital ep o p coo o team members
is required to a*', e anhYt at pi esgary°'tt de quality services
within strict b tary an time coils t . or n q eff a and frequent
communicatio
Key to the en Manag `rent sequ succes ,of tl#s proj the role of the
Project Manag . '5TheaPr a asa er 3respon le ghtand dination of all
project activiti skiing th r emen o r tive, on management
approach. The ect Ian le etween and the City,
interfacing with ty' ep s;€ uih�o e util ty es. The Project
Manager.will be ible f p p cluding s, ing, preparation of
agendas and meetin a d i it s s between City staff,
subconsultants and othe es ,
QUALITY CONTROL
Once the final work plan is complet assignments communicated to each
Project Team Member, DMC will develop a defined Quality Control (QC) Plan specific to this
project. The QC Plan will guide the Project Team in the management and implementation of
quality throughout the life of this project, not merely "just checking it" at the end of each task.
The preparation and implementation of the QC Plan will be integrated into the work plan as a
specific task and will be applied continuously and at strategic points in the work process by
Project Team Members. The QC Plan will include procedures for both administrative and
technical controls, such as project files, routing of correspondence, checking and back checking
procedures,design notebooks, check lists, etc.
DMC intends to assign Mr. Christopher Wiberg, P.E. as the Quality Control Manager for this
project. As the Quality Control Manager, he will be responsible for the development and
implementation of a Project Quality Control Plan that ensures the following:
I
OESION Cif
SEcnoivB. SCOPE of WORK
• A high standard of quality and accuracy of all project surveys, design reports,
correspondence, right-of-way documents and maps, PS&E's, and other applicable
documents pertinent to the construction of the proposed improvements;
• Compliance with applicable codes, regulations and design standards;
• A detailed independent review of the PS&E package, with numerous in-depth field reviews
emphasizing project biddability, constructability and claims avoidance.
As the Quality Control Manager, Mr. Wiberg, will be responsible for the development,
implementation and management of specific quality control measures applicable to this project,
including the review of plans prepared by DMC and the preparation of technical reports,
specifications and construction cost/quantity estimates from draft and final plans.
WOBKP[iw : w; . ..
Based upon our current of the proj ticipates the project will be
completed in the follo )phasesyl
B e
• Phase 1 —Enviro AplAo'k /� 8 t
• Phase 2—En " gesi I - eci anti>lnale
If
• Phase 3
—Ri -waY S ices�
Phase 1—Env' do p t y
Task 1.01 Pro Resear — -f _ earth 1 availab'e Ci�, utility parry and other
agency and d er `m ess to spure alb Ee tnfo on required to
identify, locate accurat t all prow ents=3, e ts, centerlines,
right-of--way limi d private
Task 1.02 Initial_ visit — :•_ a pportmg vements, such as
pavement surface b, �u er si ewq ce ps, fences, structures
and existing lands cap' tt ,�yet t�ve ' ;vill�e tied within the project
limits. Pictures/videos o" of e a urea, existing conditions.
Task 1.03 Topographic Survey — the City to obtain known survey
data for this site. DMC will complete an accurate topographic survey of the project site,
including the horizontal and vertical control of all existing culture, overhead and underground
utilities, curb, gutters, ramps, medians and driveways. DMC will establish one (1) temporary
bench mark at or near the intersection of Mesquite Avenue and Belardo Road,and at the westerly
terminus of Mesquite Avenue for use during construction.
Task 1.04 Base Map Development—Utilizing research documents and field survey data, DMC
will develop a project area base map of the project segment of Mesquite Avenue at a scale of 1"
= 20' (max.), accurately showing the vertical and horizontal locations (where possible) of all
existing right-of-way lines, property lines, site culture, utilities and other,potential obstruction of
the project site. __
2
OESION O�
SEmoNB: SCOPE OF WORK
Task 1.05 Initial Utility Coordination — DMC will identify and officially notify all affected
utility companies providing services within the limits of the project intersections and request
copies of utility maps, plans, and records of existing facilities. Field reviews will be conducted
to locate and verify all surface evidence of existing sub-surface and overhead installations within
the limits of this project. All utility information obtained from its research effort and field
reviews will be plotted on the Base Map. DMC will initiate the development of a Utility Log of
all future correspondence with the affected utilities.
Task 1.06 Environmental Clearance — DMC, through PMC World (PMC), will complete the
following environmental clearance activities based upon the project being a categorically exempt
project from CEQA and a categorically excluded project from NEPA. It is understood and
assumed:
❑ The City of Palm Springs will be — tl e d to CEQA;
❑ The FHWA will be the 1 with regard to NE '
❑ Any environmen is Inid stunt s,Xag -by I7 I - r the City for CEQA
clearance will be- y b to the FHWA;
g ;'3uh s
❑ Any coordina Ewit he way im wi >p ' ' ated through the
Tribe; 3 ,' Lee
�t
�3?
❑ PMC, thro MC,,, co r wry; the Tn e su ly implement
the Project 04, p _
The following detatle pQ p roken own bysask i comp l _ ervices for the
environmental ess pup o the t projec#' con sri wig th sumptions and
understanding d sed abov + s V ,, 4
PMC will prepare Notice o w,Oil- as theC documentation for
this project. After i orator eta NOE will submit a PDF
of the signed NOE fo n i o at srle C o office. Once the NOE
is stamped by the Co un � oViic VM0;.wil(�al�te he. ed notice with the State
Clearinghouse. Note that o bet�� s got in st of the Fish and Game or
Riverside County Clerk filing
Task 1.07 Concept Development — Using topographic and mapping information developed in
previous tasks, DMC will develop alternative concept exhibits of the proposed improvements to
the project segment of Mesquite Avenue and the South Lykken Trailhead parking lot for
presentation to the City and Tribe. The concept exhibits will be prepared in a single strip format
with aerial backdrop of a sufficient scale to understand existing conditions and project impacts.
In addition to showing the limits of existing and proposed improvements, the alternative concept
exhibits will also clearly demonstrate right-of-way limits,utility locations and other culture in the
immediate project area that may be impacted by the proposed improvements, such as adjacent
grades, driveway accesses, drainage improvements, existing sidewalk improvements, ramps,
street trees,..fencing„mailboxes, and so on. _DMC will develop ,concept ,level.estimates of,..,_
construction quantities and costs for each alternative concept for both Mesquite Avenue and the
proposed parking area. DMC will prepare a Preliminary Design Report summarizing project
issues and will include concept plans and costs to 35% complete level of the recommended
3
nEsox of
SmYoNB: ,SCOPEOFWORK
concepts after presentation to the City. Three (3) copies of the draft Preliminary Design Report
with all exhibits, including the concept plans and costs, will be submitted to the City for review
and approval. The report will be revised, as necessary, until approved by the City. Three (3)
copies of the final report will be submitted to the City. The final report will be used as a
reference document during the next phase of this project.
Phase 2—Engineering Design (Plans,Specifications and Estimates)
Task 2.01 Utility Coordination — DMC will continue to coordinate with the affected utilities
companies by completing the following activities:
• Maintain the Utility Log of all correspondence with utilities;
• Identify potential conflicts; O
,� �„
• As potential conflicts are i ou a coordinate with the affected
utility agencies until the is resli
r
• Provide notificatio Wcopi be. e vi z certified receipt, to
the all affected u ' encat. I come al stages.
Task 2.02 Geot gat ' llto 'caic�In GS) will provide
all geotechnica pp s ces reconnaissance,
subsurface exp o Cq sition of cp s pl r fin oratory testing,
analysis of fiel 1 a formal re§ortAp ly, HGS will
provide the foll . g servi
• Excavate fo ) elo . la dep f fi ( acace Mesquite Road
and one (1) onal bo 'n eP ypf five fel°se)riw a exist' ound surface in
the proposed eadar li ` = ff
"c 4,Y1
•., Core.Mesquite ue pavem p -RATl o det existing pavement-
section; g
E s �, d
• Evaluate by laborato thi e o eie various strata which may
influence the proposed p gi211 s ' i" --situ dry density and moisture
content, soil gradation (4200 sr ensity/ optimum moisture content
determinations, and resistance(R-Value);
• Develop alternative pavement sections and rehabilitation alternatives appropriate for the
design Traffic Index for Mesquite Avenue(It is assumed that the Traffic Indexfor each street
will be provided by the City of Palm Springs);
HGS will summarize its findings and recommendations into a report that will include, in addition
to conclusions and recommendations, a plot plan, exploration logs, recommendations regarding
pavement rehabilitation and structural sections for roadway and parking lot sections, grading
recommendations within the parkway and summary of laboratory test results.
4
DESON O!$
SmYoNB: ScopEOFWORK
Task 2.03 Plans, Specifications and Estimates (PS&E's) — DMC will prepare clear, concise
and accurate PS&E's of the proposed roadway improvements. In general, the PS&E's will
conform to the City of Palm Spring's standards and practices.
Task 2.03.01 Plans — DMC will design and prepare construction plans that will be required for
the proposed roadway and parking lot improvements. Based upon our current understanding of
the project,DMC will prepare the following plan sheets:
Description No. of Sheets
• Title Sheet 1
• General Note Sheet 1
• Detail Sheets 2
• Demolition/R vA AA/i
1
• Roadway 3 2
Ak
• On-Site f n&Lot P d 1
T
• Stripi d Sigain j$lan
!`N
ects
Plans will be tted tome ect `utilities or r 'ew at " ` 80% complete,
100% complet ear d fi laFqsdreen ge. MC t four( " • of blueprints
with each sub m alo g ' th` lad r vio red-1' ciz. & received from
the City will be - oratedf tfi a` i bmittede City on Mylar,
wet stamped by ecEngi
Task 2.03.02 Teckn ecifiagio are the foil documents for this
project: %� -g rr��`"'
%_ t�
P::ayy
• Detailed Project Descripti oo
• Bid Schedule; ' -
• Bid Item Descriptions;
• Payment Methods;
• Special Provisions;
• Technical Specifications.
The documents will be prepared in Microsoft Word in Green Book format and submitted to the
City for review at the 80%complete, 1001/9 complete stage and final screen check stage.
5
oESIM MINE=-
SmyomB: ScopEOFWORK
2.03.03 Estimates—DMC will prepare a comprehensive list of bid items, their quantities and unit
costs, and the probable cost of construction that will be submitted to the City for review. The
final construction cost estimate shall be based upon and in agreement with the final estimated
quantities shown on the.bid sheet. The estimates will be prepared in Excel format and submitted
to the City for review at the 100%complete stage and final screen check stage.
Task 2.04 Storm Water Pollution Prevention Plan (SWPPP) — DMC will prepare a project
specific SWPPP plan,including the following tasks:
1. File a Notice of Intent(NOI)with the State(if required);
2. Prepare a Plan that meets the following objectives:
• Identify all pollutant sources igq ent that may negatively affect quality of
storm water discharge
• Recommend * Cation of g6pt- ff�'.twe Best ent Practices (BMPs) to
reduce or tollutants Fin soiin )water--and ed non-stonnwater}
Z
charg thoectvel mdinten e a .n s 1epRi the wet and dry
Y
• Cr all;s efic ate 10 � tr g d�ai�g s ent and erosion
con - _
1
- . If is files PA on 4 t� on o a s �p,ract,_ ansfer rship, file all
appl a fgpn a parr of In armal n? o*No of Termination
(N
'. _
me.µ ,w
Task 2.05 Site V ) DM ei g to a vi§its this phase of this
project: P AT
• First Site Visit — Th si�tc+�i, t ✓ilbe� eo or submittal of the 80%
complete PS&E's to the he' iuip fehe A vi eck field conditions with
information shown on the pl _
• Second Site Visit — The second site tcomplete prior to submittal of the 100%
complete PS&E's. The purpose of the second site visit is to conduct a constructability review
and to confirm that all issues have been addressed in the plans.
Task 2.06 Project Specific WQMP—Because the proposed parking lot is over 500 sf in surface
area, DMC will prepare a WQMP for the proposed parking lot improvements in compliance with
the State of California and the County of Riverside Flood Control and Water Conservation
District for review and approval by the City of Palm Springs.
Task 2.07 Bid Support DMC will assist the City during the bidding process by addressing
questions regarding the plans and specifications with written responses (when required), the
preparation and issuance of Project addendums, attendance at the pre-bid meeting to address
6
LIFUM
DESONGREME-:
Sm7omB. SCOPE of WORK
questions by bidders, and attendance at the City Council meeting to award the contract to address
questions by Council Members.
Task 2.08 Construction Support — DMC will assist the City during the construction phase by
providing the following services:
• Address design related questions pertinent to the approved plans and specifications through
written responses to BFI's and Contractor's request for clarifications;
• Prepare record drawings for the City based on redlines provided by the Contractor.
Phase 3—Right-of-Way Services
Task 3.01 Right-of-Way Map — DMC will prepare a right-of-way map centered on Mesquite
Avenue, beginning one hundred ( 0, oad and ending at the terminus of
Mesquite Avenue to the wes c use all `' adjacent to this segment of
Mesquite Avenue. The a basV oz record info d will show right-of-way
needs for this project.
Task 3.02 Acquis' Oa Docu4men C° W set of acquisition
documents (legal j ail w pl�on/ pl r t t4b a s required for the
construction of rcaased p is aitg,e �erti Additional legal
descriptions wit rcd ed o the C v 'u t s o h within the Fee
Proposal. fa, ``- 3
F�
Task 3.03 Appeal kep = O er Inc. (OP }will vesting deeds,
property profit maps, . rel' tl eportso remain vali for six oaths or until
there is an o p,,oas e 'dn i f recoRed bac' oc�, nen needed. This
information wit rovided o d real elate ap seed for"jh ' on this project.
Upon review of tt docum repaW-4 )rs¢ f excepti o be cleared and
confirm that the d disp moons zyitlih proud t plan. OPC will
then facilitate chan the reli y p ��rt��pfeparation o egal descriptions,if
necessary,for partial tioipo'
One (1) appraisal report � b 'ged`appr_' ccordance with the United
States Principal and Practi Stan - federal and state laws and.
requirements in accordance F R sal report shall be performed in a
format assuming the potential action is emir nt domain (condemnation), including, but not
limited to, such considerations as highest and best use as if vacant, damages to the remainder and
so forth. Five(5) copies of the appraisal report shall be submitted to the City.
Task 3.04 Negotiation/Acquisition Services—OPC will take a lead role in negotiating right-of-
way acquisition for the City by making early contact with the affected property owner(APN 513-
300-046) and coordinating as-needed meetings between the property owner, appropriate City
personnel and the Project Manager/Engineer. OPC will provide escrow services for the transfer
of funds for the acquisition of right-of-way.
Task 3.05-Coordinatiori with Tribe-DMC and OPC will coordinate with the City and Tribe'
on all right-of-way issues pertaining to right of way acquisitions on Tribal allotted lands. The
City and Tribe will coordinate directly with the BIA.
7
Dim
oesronr r
EXHIBIT "B"
SPECIAL REQUIREMENTS
Add the following to Section 2.0, Compensation:
Section 2.5, Cost Principles. The Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31 et seq., are the goveming factors
regarding allowable elements of cost. The administrative requirements set forth in 49 CFR,
Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments, is hereby included by reference. The provisions of this section
shall apply to all subcontracts in excess of$25,000.
Add the following to Section 2.0, Compensation:
Section 2.6, General Compliance with Laws and Wage Rates. Consultant warrants
that its cost proposal, approved by City and identified on the Schedule of Compensation as set
forth in Exhibit "E", complies with all federal, state and local laws and ordinances applicable to
the work, including compliance with prevailing wage rates and their payment in accordance
with California Labor Code, Section 1775.
Add the following to Section 4.0, Coordination of Work:
Section 4.5, Subcontracts. Any subcontracts or contractual arrangements
("subcontracts") between the Consultants and other parties ("subcontractors") entered into in
the performance of this Agreement to which the City is not named shall include all applicable
provisions of this Agreement and the Consultant shall require that its subcontractors thereby
comply with all such applicable provisions.
Section 7.5, Audit and Inspection of Records, the following sentence shall be added
at the end of the paragraph:
Consultant's records -shall 11 be available for inspection by City, the -state of California
Department of Transportation, and the Federal Highway Administration, or their duly
authorized representatives. This section shall also apply to all subcontracts in excess of
$25,000.
Add the following to Section 10.0, Miscellaneous Provisions:
Section 10.9, Covenant Against Contingent Fees. The Consultant warrants that
he/she has not employed or retained any company or person, other than a bona fide employee
working for the consultant; to solicit or secure this agreement; and that he/she has not paid or
agreed to pay any company or person other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from
the award, or formation of this agreement. For breach or violation of this warranty, the City
shall have the right to annul this agreement without liability, or at its discretion; to deduct from
the agreement price or consideration, or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee; gift, or contingent fee.
Add the following to Section 10.0, Miscellaneous Provisions:
Exhibit`B"
Page 1 of 5
Section 10.10, Patent Rights. This agreement includes herein by reference applicable
patent rights provisions described in 41 CFR 1-9.1 regarding rights to inventions.
Add the following to Section 10.0, Miscellaneous Provisions:
Section 10.11, Endorsement. The responsible consultanttengineer shall sign all plans,
specifications, estimates (PS&E) and engineering data furnished by him/her, and where
appropriate, indicate his/her California registration number.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.12, Disadvantaged Business Enterprise (DBE) Requirements. The City
has established a DBE goal for this Agreement of 2.74 %
1. TERMS USED IN THIS SECTION
1. The term "Disadvantaged Business Enterprise" or"DBE" means a for-profit small
business concern owned and controlled by a socially and economically disadvantaged
person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR).
2. The term "Agreement" also means "Contract."
3. Agency also means the local entity entering into this contract with the Contractor or
Consultant.
4. The term "Small Business" or"SB" is as defined in 49 CFR 26.65.
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the
performance of Agreements financed in whole or in part with federal funds (See 49
CFR 26, "Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs"). The Contractor should ensure that
-- DBEs and other small businesses have the opportunity to participate in the_ -
performance of the work that is the subject ofthis'solicitation and should take all
necessary and reasonable steps for this assurance. The proposer shall not
discriminate on the basis of race, color, national origin, or sex in the award and
performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and
controlled by DBEs.
3. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, a "Local Agency Consultant DBE Commitment"
(Exhibit 10-01) form shall be included in the Request for Proposal. After the contract is
awarded form "Local Agency Consultant DBE Commitment" (Exhibit 10-02)form shall be
included in the contract documents. In order for a proposer to be considered responsible
and responsive, the proposer must make good faith efforts to meet the goal established for
the contract. If the goal is not met, the proposer must document adequate good faith
efforts. All DBE participation will be counted towards the contract goal,and all DBE
participation shall be collected and reported.
ExWbit"W'
Page 2 of 5
The purpose of the form is to collect data required under 49 CFR 26. This form collects all
DBE participation. Even if no DBE participation will be reported, the successful proposer
must execute and return the form.
4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR,
Part 26, and the Department's DBE program developed pursuant to the regulations.
Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified
through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime contractor, subcontractor, joint venture
partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to
document one or a combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own
forces.
2. The proposer will meet the goal through work performed by DBE subcontractors,
suppliers or trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
D. A DBE joint venture partner must be responsible for specific contract items of work or
clearly defined portions thereof. Responsibility means actually performing, managing,
and supervising the work with its own forces. The DBE joint venture partner must share
in the capital contribution, control, management, risks and profits of the joint venture
commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is,
a DBE firm must be responsible for the execution of a distinct element of the work and
must carry out its responsibility by actually performing, managing and supervising the
work.
F. The proposer shall list only one subcontractor for each portion of work as defined in
their proposal and all DBE subcontractors should be listed in the bid/cost proposal list
of subcontractors.
G. A prime contractor who is a certified DBE is eligible to claim all of the work in the
Agreement toward the DBE participation except that portion of the work to be
performed by non-DBE subcontractors.
5. RESOURCES
- A. The-:CUCP database-includes-the--certified-DBEs from all-certifying-agencies-- -
participating in the CUCP. If you believe a firm is certified that cannot be located on the
Exhibit"B"
Page 3 of 5
database, please contact the Caltrans Office of Certification toll free number 1-866-
810-6346 for assistance.
B. Access the CUCP database from the Department of Transportation, Civil Rights,
Business Enterprise Program web site at: http://www.dot.ca.gov/hq/bep/.
• Click on the link in the left menu titled Disadvantaged Business Enterprise
• Click on Search for a DBE Firm link
• Click on Access to the DBE Query Form located on the first line in the center of
the page
• Searches can be performed by one or more criteria
• Follow instructions on the screen
C. How to Obtain a List of Certified DBEs without Internet Access:
DBE Directory- If you do not have Internet access, Caltrans also publishes a directory
of certified DBE firms extracted from the online database. A copy of the directory of
certified DBEs may be ordered from the Caltrans Publications Unit at (916) 263-0822,
1900 Royal Oaks Drive, Sacramento, CA 95815-3800.
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE
GOAL UNDER THE FOLLOWING CONDITIONS:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent
of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or
maintains a factory, or establishment that produces on the premises the materials,
supplies, articles, or equipment required under the Agreement and of the general
character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of
the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates
or maintains a store, warehouse, or other establishment in which the materials,
supplies, articles or equipment of the general character described by the specifications
and required under the Agreement are bought, kept in stock, and regularly sold or
leased to the public in the usual course of business. To be a DBE regular dealer, the
firm must be an established, regular business that engages, as its principal business
and under its own name, in the purchase and sale or lease of the products in question.
A person may be a DBE regular dealer in such bulk items as petroleum products, steel,
cement, gravel, stone or asphalt without owning, operating or maintaining a place of
business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any
supplementing of regular dealers' own distribution equipment shall be, by a long-term
lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers,
brokers,-manufacturers'representatives,or other persons-who:arrange or::expedite
transactions are not DBE regular dealers within the meaning of this section.
Exhibit`B"
Page 4 of 5
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a
regular dealer, will be limited to the entire amount of fees or commissions charged for
assistance in the procurement of the materials and supplies, or fees or transportation
charges for the delivery of materials or supplies required on the job site, provided the
fees are reasonable and not excessive as compared with fees charged for similar
services.
7. FOR DBE TRUCKING COMPANIES: CREDIT FOR DBES WILL COUNT TOWARDS THE
DBE GOAL UNDER THE FOLLOWING CONDITIONS:
A. The DBE must be responsible for the management and supervision of the entire
trucking operation for which it is responsible on a particular Agreement, and there
cannot be a contrived arrangement for the purpose of meeting the DBE goal.
B. The DBE must itself own and operate at least one fully licensed, insured, and
operational truck used on the Agreement.
C. The DBE receives credit for the total value of the transportation services it provides on
the Agreement using trucks it owns, insures, and operates using drivers it employs.
D. The DBE may lease trucks from another DBE firm including an owner-operator who is
certified as a DBE. A DBE who leases trucks from another DBE receives credit for the
total value of the transportation services the lessee DBE provides on the Agreement.
E. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. A
DBE who leases trucks from a non-DBE is entitled to credit only for the fee or
commission it receives as a result of the lease arrangement. A DBE does not receive
credit for the total value of the transportation services provided by the lessee, since
these services are not provided by the DBE.
F. For the purposes of this Section D, a lease must indicate that the.DBE,has exclusive_
use and control over the truck. This does-not preclude the leased truck from working
for others during the term of the lease with the consent of the DBE, as long as the
lease gives the DBE absolute priority for use of the leased truck. Leased trucks must
display the name and identification number of the DBE.
END OF EXHIBIT "B"
... .... ..... ...... . .. . .... . .. ... . .. ..... .
Exhibit'B"
Page 5 of 5
EXHIBIT
CITY'S REQUEST FOR PROPOSALS
CITY'S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE
F l�RN.
CITY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS (RFP) #16-12
MESQUITE AVENUE WIDENING (WEST OF BELARDO ROAD)
CITY PROJECT NO. 12-01
Requests for Proposals (RFP #16-12), for professional Civil Engineering design services related
to the Mesquite Avenue Widening (West of Belardo Road) (City Project #12-01) for the City of
Palm Springs, CA, (hereinafter the 'RFP") will be received at the Office of Procurement &
Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, before 3:00 P.M.
LOCAL TIME, THURSDAY, MAY 17, 2012. It is the responsibility of the respondent 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 or
emailed RFP proposals will not be accepted. Late RFP proposals will be returned unopened.
Failure to register as a Respondent to this RFP process per the instructions in the Notice
Inviting Requests 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.
1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from
qualified professional firms to provide the City with civil engineering design services related to
the Mesquite Avenue Widening (West of Belardo Road) (City Project #12-01) (hereinafter the
`Project"). The selected firm will be expected to provide required professional services
(including environmental services) to prepare plans, specifications and estimates ("PS&E"),
right-of-way services, and turn-key construction inspection and administration services for
implementing the Project.
The Project is made possible by funding through federal Indian Reservation Road (`IRR") funds
made available to the Agua Caliente Band of Cahuilla Indians ("Tribe") from the U.S.
Department of the Interior— Bureau of Indian Affairs, and subsequently allocated to the City of
Palm Springs for this project. The federal IRR funds to be used on this project are NOT
coordinated through the California Department of Transportation ("Caltrans"). Any federal
coordination required with the Bureau of Indian Affairs will be coordinated directly by the Tribe.
The selected firm will be expected to provide all necessary coordination with the Tribe required
to successfully implement the Project through all phases of work.
SCHEDULE:
Notice requesting Proposals posted and issued ..................................... Tuesday, April 17, 2012
Deadline for receipt of Questions..........................................Thursday, May, 10, 2012, 3:00 P.M.
Deadline for receipt of Proposals................................ THURSDAY, MAY 17, 2012, 3:00 P.M.
Short List/ Interviews/Technical & Cost Proposals ...........................................to be determined
RFP#16-12
Page 1 of 9
Contract awarded by City Council ..................................................................... to be determined
2. BACKGROUND: On March 12, 2008, the City Council approved a Memorandum of
Understanding ("MOU") with the Tribe and the Bureau of Indian Affairs ("BIA") establishing an
arrangement whereby the Tribe can assign to the City use of its federal IRR funds received from
the BIA. Prior to receiving any IRR funds, the Tribe and City must enter into a subsequent MOU
regarding allocation of IRR funds to a specific project. On January 18, 2012, the City approved
a subsequent MOU to officially allocate federal IRR funds to this project, and a related funding
agreement to formalize the Tribe's reimbursement to the City of its costs for this project.
The Tribe has allocated the City up to $500,000 from its federal IRR funds to design, acquire
rights-of-way, and construct a project to widen Mesquite Avenue west of Belardo Road, which
will include parking and associated improvements for the Lykken Trail at the west end of
Mesquite Avenue (refer to Attachment 2). These improvements were not identified as part of
the Belardo Road project that is currently under construction, and Tribal and City staff have
determined that these additional improvements will be a benefit to the Tribe and City.
The City will be responsible for selecting a consultant to perform the environmental, civil
engineering design, right-of-way acquisition, and construction management services for the
proposed improvements. A preliminary design will be made available for Tribal review, prior to
initiating final design.
In addition to the $500,000 the Tribe has allocated for this project, the Tribe will also assume
responsibility for coordinating the conveyance of right-of-way from its Tribal Trust parcel located
at the northwest corner of Mesquite Avenue and Belardo Road. The Tribe will assume all costs
associated with conveying new right-of-way for Mesquite Avenue across this Tribal Trust parcel.
In the event right-of-way is required for the proposed trailhead parking area at the west end of
Mesquite Avenue, the selected consultant (on behalf of the City) will coordinate all of the right-
of-way acquisition services for right-of-way acquired from this privately held fee property. The
costs for any right-of-way acquisition from this privately held fee property will be funded from the
$500,000 allocation of federal IRR funds for this project.
The City's budget for the environmental, design and right-of-way phase is $75,000.
As a federally funded project, the Project requires environmental clearance pursuant to both the
California Environmental Quality Act ("CEQA') and the National Environmental Policy Act
("NEPA"). The City is the Lead Agency with regard to CEQA, and the Bureau of Indian Affairs
("BIA") is the Lead Agency with regard to NEPA. The selected firm will be required to provide
professional services necessary to obtain CEQA approval. The environmental analyses and
studies prepared for the City to obtain CEQA approval will be used by the Tribe to coordinate
NEPA approval from the BIA. Given the scope of the Project, it is anticipated that the Project
will require a Categorical Exclusion ("CE") in accordance with CEQA regulations; and CE in
accordance with NEPA regulations. The selected consultant will be required to adequately
document findings to support a CEQA CE pursuant to state law, and to support a NEPA CE as
required by the BIA and Tribe pursuant to federal law. Ca/trans has no role in this project;
federal funding for this project is from the BIA — not the Federal Highway Administration
("FHWA").
RFP#16-12
Page 2 of 9
3. SCOPE OF WORK:
The scope of work will consist of the preparation of Environmental Documents and Technical
Studies and all other related documents and/or reports to comply with applicable local, state and
federal regulations, policies, procedures, manuals and standards necessary to obtain
CEQA/NEPA environmental approvals; preparation of Plans, Specifications and Estimates
(PS&E) for the Project; right-of-way services (including right-of-way engineering, appraisals, and
acquisition services); and turn-key construction inspection and administration. The Project will
be divided into the following four phases:
Phase One: Environmental Approval & Project Development
Phase Two: Engineering Design (Plans, Specifications and Estimates [PS&E])
Phase Three: Right of Way Services
Phase Four: Construction Administration
Please refer to Attachment 1 for a General Scope of Work for each phase of the Project.
4. PROPOSAL REQUIREMENTS:
Disadvantaged Business Enterprise (DBE) requirements (U.S. Department of Transportation
[DOT], 49 CFR, Part 26 regulations) do NOT apply to this project as it is funded with federal
funds from the BIA, not FHWA.
The firm's proposal should describe the methodology to be used to accomplish each of the
project tasks. The proposal should also describe the work which shall be necessary in order to
satisfactorily complete the task requirements.
Please note: this RFP cannot identify each specific, individual task required to successfully and
completely implement this project. The City of Palm Springs relies on the professionalism and
competence of the selected firm to be knowledgeable of the general areas identified in the
scope of work and to include in its proposal all required tasks and subtasks, personnel
commitments, man-hours, 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.
5. SELECTION PROCESS: The City of Palm Springs is utilizing a Qualifications Based
Selection process to select a firm to provide the services requested by this RFP. The City shall
review the proposals submitted in reply to this RFP, and a limited number of firms may be
invited to make a formal presentation at a future date. 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.
6. PROPOSAL EVALUATION CRITERIA: 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. 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, the associated cost proposal
will be used as a basis for contract negotiations. A contract shall be negotiated on the basis of
the submitted Cost Proposal, and in consideration of reasonable and mutually agreed project
RFP#16-12
Page 3 of 9
costs and time requirements. Should successful negotiations not occur with the highest ranked
firm, the City may, at its sole discretion, choose to enter into negotiations with the second
highest ranked firm, and so on. NOTE: As this is a Federally funded project, the City's Local
Preference Ordinance is NOT applicable pursuant to the federal exclusions.
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.
An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all
responsive proposals to this RFP. The Evaluation Committee may request, if desired by City,
formal presentations/interviews from short listed firms at a future date of which the format and
presentation evaluation criteria shall be provided at the time of short listing. Participation in
any phase of this RFP process, including the interview phase if conducted, is at the sole
expense of the firms replying to this RFP. The City shall NOT be responsible for any costs
incurred by any firm in response to, or participation in, this RFP.
Firms are requested to submit their qualifications submittals so that they correspond to and are
identified with the following specific evaluation criteria:
A. Project Understanding (25 POINTS):
The firm's proposal adequately demonstrates an understanding of the Project and
familiarity with the project area; familiarity with federally funded projects, related
requirements, and CEQA/NEPA environmental approvals.
Note: Firms should not simply restate the information contained in this RFP; this
evaluation criteria requires that the proposal identify "critical issues" to the Project, identify
an approach to resolving any critical issues, and otherwise provide additional information
regarding the Project which supports the firm's ability to perform if selected.
B. Scope of Work (25 POINTS):
Proposed approach to the Project including the expected time commitment of key
personnel, technical approach to the Project, and the emphasis placed on project phases.
Note: As this RFP has identified a General Scope of Work, evaluation criteria requires
that the proposal identify a detailed scope of work to successfully implement the Project.
The detailed scope of work must be identical to the format in which the Cost Proposal has
been submitted — each sub-task must be identified in the firm's separately sealed Cost
Proposal with a corresponding fee.
C. Staff Qualifications (25 POINTS):
Qualifications of the staff assigned to manage and provide services related to the Project;
experience with federally funded projects, related requirements, and coordinating
CEQA/NEPA environmental approvals.
D. Firm Qualifications (15 POINTS):
Past experience with projects related to the outlined Scope of Work; experience with
federally funded projects, related requirements, and coordinating CEQA/NEPA
environmental approvals.
RFP#16-12
Page 4 of 9
E. Project Schedule (10 POINTS):
Thoroughness and reasonableness of the project schedule; ability to maintain the project
within the selected time frame.
7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that
responses correspond directly to, and are identified with, the specific evaluation criteria stated in
Section 6 above. The proposals must be in an 8 % X 11 format, may be no more than a
total of forty (40) pages (sheets of paper, double sided is OK), including an organization
chart, staff resumes and appendices, and cover letter. NOTE: Dividers, Attachments included
in this RFP to be submitted with the proposal, and Addenda acknowledgments do NOT count
toward the 40 page limit. Interested firms shall submit SIX (6) copies (one marked
"Original" plus five copies) of its proposal by the deadline.
All proposals shall be sealed within one package and be clearly marked, "RFP #16-12,
REQUESTS FOR PROPOSALS FOR MESQUITE AVENUE WIDENING (WEST OF BELARDO
ROAD)". Within the sealed proposal package, the Cost Proposal shall be separately sealed
from the 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 "Work Proposal", shall include the following items:
• Completed Signature authorization and Addenda Acknowledgment (see Attachment A)
• Technical proposal — describe in detail your approach and understanding of all necessary
tasks and steps involved in the project; include a list of deliverables
• Related Experience; include relevant experience date, name of agency, and reference
name/contact information
Envelope #2, clearly marked "Cost Proposal", shall include the following item:
• Cost proposal — provide a Cost Proposal that includes all costs associated with various
phases of this project. The City will use a "Cost Per Unit of Work" method (lump sum cost
per task item or element of work) to pay for professional services related to this project;
therefore, Consultants should list a lump sum cost per each sub-task or item of work. The
general Scope of Services outlined herein is only provided as a guide in this Request for
Proposals; Consultants should provide a detailed Scope of Services in their submitted Work
Proposal as necessary to reflect the method and procedure in which they intend to provide
the required professional services, consistent with the general Scope of Services. The Cost
Proposal must be identical to the detailed Scope of Services included as part of the
Consultant's Work Proposal submitted in Envelope #1.
• Do NOT include Attachment "A" in the Cost Proposal envelope. Attachment "A" is to be
included in Envelope#1, "Work Proposal".
At a minimum, firms must provide the information identified below. All such information shall be
presented in a format that directly corresponds to the numbering scheme identified here.
SECTION A: PROJECT UNDERSTANDING
RFP#16-12
Page 5 of 9
A.1 Without reciting the information regarding the Project verbatim as contained in this RFP,
convey an understanding of the intent of the Project and an understanding of the City's
expectations upon implementation of the Project.
A.2 Identify "key" or "critical" issues that may be encountered on the Project based on the
firm's prior experiences; provide steps to be taken to ensure the issues do not affect the
successful delivery of the Project.
A.3 Discuss coordinating CEQA/NEPA environmental approvals.
A.4 Discuss the team's experience with right-of-way acquisition and related services.
SECTION B: SCOPE OF WORK
B.1 Provide a detailed technical scope of work identifying all tasks and sub-tasks required to
successfully implement all phases of the project. The outline of tasks and sub-tasks must be
thorough and complete, and will be used as the scope of work included in the selected firm's
contract.
Special Note: The detailed technical scope of work outline must be identical to the outline of
tasks and sub-tasks on the Cost Proposal (submitted in a separately sealed envelope). This is
to ensure that the final agreed contract has a scope of work and payment schedule which
correlate to one another.
SECTION C: STAFF QUALIFICATIONS
C.1 List the name and qualifications of the key staff/team members that will be assigned to
the Project. Provide detailed qualifications of the Project Manager that will be assigned to the
Project.
C.2 List specific and relevant experience for the key staff/team members assigned to the
Project. Detailed project information, including dates project started and completed, local
agency contact information, and other appropriate supporting information shall be provided.
SECTION D: FIRM QUALIFICATIONS
D.1 List the 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.
D.2 List the name and title of the firm's principal officers with the authority to bind your
company in a contractual agreement.
D.3 Describe the firm's background and qualifications in the type of effort that this project will
require, specifically identifying experience with CEQA/NEPA environmental approvals.
DA 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 the Project.
SECTION E: PROJECT SCHEDULE
RFP#16-12
Page 6 of 9
EA Provide a thorough project schedule identifying all tasks and sub-tasks identified in the
detailed scope of work submitted with the Proposal, showing a schedule to deliver the Project in
consideration of all reasonable and expected time frames. The schedule should include all
phases of the project, including construction administration. For purposes of consistency
between schedules, firms shall assume that a Notice to Proceed is issued to the firm on July 1,
2012.
DEADLINE FOR SUBMISSION OF PROPOSALS: All proposals must be received in the City
of Palm Springs, Division of Procurement and Contracting by 3:00 P.M., LOCAL TIME,
THURSDAY, MAY 17, 2012. Proof of receipt before the deadline is a City of Palm Springs,
Division of Procurement and Contracting time/date stamp. It is the responsibility of the firms
replying to this RFP to see that any proposal sent through the mail, or via any other delivery
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 firm unopened. Proposals shall be
clearly marked and identified and must be submitted to:
City of Palm Springs
Division of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager
QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are
specifically directed NOT to contact any city employee, commission member, committee
member, council member, or other agency employee or associate for any purpose related to
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 RFP must be submitted IN WRITING
and directed ONLY to:
Craig Gladders, C.P.M.
Procurement& Contracting Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
via FAX (760) 323-8238
or via EMAIL: Craig.Gladders@palmspringsca.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, Thursday, May 10, 2012. 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 selected firm will be required to enter into a contractual
agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance
with the standard Professional Services Agreement (see Attachment 3). Please note that
Exhibits A, B, C, D, and E are intentionally not complete in the attached document. These
exhibits will be negotiated with the selected firm, and will appear in the final Professional
Services Agreement executed between the parties. Requested changes to the Professional
RFP#16-12
Page 7 of 9
Services Agreement may not be approved, and the selected firm must ensure that the attached
document will be executed.
Failure or refusal to enter into an Agreement or to conform to any of the stipulated requirements
in connection therewith shall be just cause for an annulment of the award.
AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide
all of the services identified in the RFP document. However, the City reserves the right to
award a contract to multiple Respondents or to a single Respondent, or to make no
award, whichever is in the best interest of the City. It is anticipated that award of the
contract will occur at the next regularly scheduled City Council meeting after the evaluation
committee has made its final selection of the firm to be recommended for award and a contract
has been negotiated and agendized for consideration. The decision of the City Council will be
final.
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, may be made public after the review process
has been completed, negotiations have concluded and a recommendation for award has been
officially agendized for City Council consideration, and/or following award of contract to a
specific firm, if any, by the City Council.
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, development of any technical proposal if
requested, or any other aspects of the entire RFP process.
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".
PROPOSAL INFORMALITIES OR DEFECTS: 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 seek new RFP's, as best serves the interests of the City.
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.
RFP#16-12
Page 8 of 9
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.
RFP#16-12
Page 9of9
ATTACHMENT "A"
'NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL"
REQUESTS FOR PROPOSALS (RFP) #XX-XX
FOR
MESQUITE AVENUE WIDENING (WEST OF BELARDO ROAD)
CITY PROJECT NO. 12-01
SIGNATURE AUTHORIZATION
PROPOSER:
A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the
above listed individual or company. I certify that I have the authority to bind myself/this company in a
contract should I be successful in my submittal.
SIGNATURE
B. The following information relates to the legal contractor listed above, whether an individual or a
company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
___ An individual;
A partnership, Partners' names:
A company;
A corporation
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 submittal
being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # is/are hereby acknowledged.
RFP#16-12
Attachment"A"
ATTACHMENT
GENERAL SCOPE OF WORK
General Scope: Evaluate the widening of Mesquite Avenue (west of Belardo Road) including a
vehicular parking area and related improvements for the Lykken trailhead pursuant to CEQA
and NEPA, obtain CEQA approval, and facilitate the Tribe's NEPA approval from the BIA.
Prepare plans, specifications and estimate (PS&E) for the widening of Mesquite Avenue (west
of Belardo Road) including a vehicular parking area and related improvements for the Lykken
trailhead. Provide all necessary right-of-way services for acquisition of right-of-way on privately
held "fee' property; provide assistance (right-of-way engineering) for acquisition of right-of-way
on Tribal Trust parcels. Provide turn-key construction inspection and administration of the
project (optional at the discretion of the City).
PHASE 1: ENVIRONMENTAL APPROVAL & PROJECT DEVELOPMENT
• Project Management — Coordinate and attend meetings; perform all project management
coordination necessary to maintain the Project Schedule.
• Environmental Approval — Perform all required environmental research and analysis
necessary for the project, pursuant to CEQA and NEPA requirements. Prepare a
Categorical Exclusion ("CE") in accordance with CEQA regulations; and assist in preparation
of a CE in accordance with NEPA regulations.
PHASE 2: ENGINEERING DESIGN — PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)
• Design — Prepare plans, specifications, and estimates (PS&E) for implementing the Project.
PHASE 3: RIGHT-OF-WAY SERVICES
• Right-of-Way Engineering — Prepare legal descriptions and exhibits for required rights-of-
way acquisition. (Assume two parcels: one parcel from the privately held "fee" property
where the proposed parking area is located, and one parcel from the Tribal Trust parcel for
the northerly right-of-way of Mesquite Ave)
• Appraisal —Coordinate preparation of an appraisal for required right-of-way acquisition.
• Acquisition —Coordinate acquisition of required right-of-way.
PHASE 4: CONSTRUCTION ADMINISTRATION
• Construction Administration — Provide all necessary construction administration in
accordance with the Caltrans Construction Manual (or equivalent) policies and procedures
to ensure compliance with all state and federal regulations applicable to the Project.
• Construction Inspection — Perform as Resident Engineer on the project; coordinate all
required inspections necessary for the project, in accordance with Caltrans Standard
Specifications and Plans, Work Area Traffic Control Handbook (WATCH), State of California
Construction Safety Orders (CalOSHA), and the Standard Specifications for Public Works
Construction (Greenbook). Inspectors will be required to perform daily on-site observations
of the progress and quality of construction to determine if the work being performed is in
general conformance with the contract documents and all applicable laws, codes and
ordinances. Inspectors will prepare complete and accurate daily reports, calculations,
project records, progress payment quantities, reports and correspondence related to the
project activities.
RFP#16-12
Attachment 1
ATTACHMENT
GENERAL SCOPE OF WORK
• Materials Testing - Coordinate, conduct, interpret, and supervise all required material tests
in accordance with applicable standards. Implement required QA/QC program for the
Project.
END OF GENERAL SCOPE OF SERVICES
RFP#16-12
Attachment 1
ATTACHMENT
CONCEPTUAL PLAN EXHIBIT
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WEST MESQUITE ROAD WIDENING WITH TRAIL HEAD PARKING F
RFP#XX-XX
Attachment 2
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REQUEST FOR PROPOSAL (RFP 16-12)
FOR
MESQUITE AVENUE WIDENING CIVIL ENGINEERING DESIGN SERVICES
ADDENDUM NO. 1
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND
INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: The city proposing sidewalks or other structures on either sides of Mesquite Road. The
question is to determine if the we need to perform field surveys &soils reports.
A 1: Yes. Field surveys and soils reports are required.
Q 2: For phase 1 of the project. Can we sub-contract that item to an environmental
fine?
A 2: Yes.
Q 3: Is it safe to assume that the area of the proposed trailhead parking is at the most
170xl70 feet?
A 3: No. The consultant will be required to prepare conceptual designs of the trailhead
parking area for City review and approval. There is no established minimum or
maximum parking area defined at this time.
Q 4: Will the engineering dept. be processing the right of way documents to the BIA, or will
the consultant be required to handle all coordination with the BIA?
A 4: The City and Tribe will be coordinating right of way acquisition on Tribal allotted
land directly with the BIA.
Q 5: Curb and gutter exists for the total distance on the south side. Sidewalk exists on the
south side from Belardo to the entrance of the trailer park.Will sidewalk be required to be
added from the entrance of the trailer park westerly to the trail head parking?
A 5: Yes.
Q 6: Will sidewalk be required on the north side of Mesquite?
A 6: To be determined during design.
Q 7: Will the old existing pavement on Mesquite, easterly of the trailer park entrance be
required to be removed and replaced?
A 7: To be determined during design.
Q 8: Will a cul-de-sac turnaround be required at the end of Mesquite?
AS: To be determined during design.
Q 9: Has any design been proposed for the trail head parking or the number of spaces
required?
A 9: No. To be determined during design.
Q 10: The RFP references"right of way'for the proposed trailhead parking lot. Is the City
looking for an easement in perpetuity, or the purchase of the land?
A 10: Fee acquisition.
Q 11: Is the owner of the parcel on which the trailhead parking lot is proposed aware of this
project, and amenable to it, or does the City anticipate eminent domain activities?
A 11: No direct communication with the current property owner has occurred.
Q 12: Will a WQMP be required?
A 12: Yes.
Q 13: Is the proposed improvement to result in General Plan build out of Mesquite?
A 13: Yes, as a local road.
Q 14: The RFP indicates that an exemption is expected under CEQA. Will the City consider the
preparation of an Initial Study leading to a Negative Declaration for this project, if we
believe, and substantiate, that this process is the appropriate one to pursue?
A 14: Yes.
Q 15: Can we submit proposals for Testing and Inspection—independent of any other scope?
A 15: No.
REVISIONS/CHANGES MADE TO THE RFP BY THE CITY:
The City incorrectly stated in this RFP that the Project is made possible by funding through
federal Indian Reservation Road ("IRR") funds made available to the Agua Caliente Band of
Cahuilla Indians ("Tribe")from the U.S. Department of the Interior—Bureau of Indian Affairs. This
statement was incorrect; the funds are made available to the Tribe from the U.S. Department of
Transportation — Federal Highway Administration. Accordingly, the following sections of the RFP
shall be revised as follows:
1. The second paragraph under Section 1 shall be deleted and replaced with the following:
The Project is made possible by funding through federal Indian Reservation Road ("IRR")
funds made available to the Agua Caliente Band of Cahuilla Indians ("Tribe")directly from
the Federal Highway Administration, and subsequently allocated to the City of Palm
Springs for this project. The federal IRR funds to be used on this project are NOT
coordinated through the California Department of Transportation ("Caltrans"). Any
federal coordination required with the Federal Highway Administration will be coordinated
directly by the Tribe. The selected firm will be expected to provide all necessary
coordination with the Tribe required to successfully implement the Project through all
phases of work.
2. The first sentence of the first paragraph of Section 2 shall be deleted and replaced with the
following:
On March 12, 2008, the City Council approved a Memorandum of Understanding
("MOU") with the Tribe and the Bureau of Indian Affairs ('BIA") establishing an
arrangement whereby the Tribe can assign to the City use of its federal IRR funds
received from the Federal Highway Administration.
3. The last paragraph of Section 2 shall be deleted and replaced with the following:
As a federally funded project, the Project requires environmental clearance pursuant to
both the California Environmental Quality Act ("CEQA") and the National Environmental
Policy Act ("NEPA"). The City is the Lead Agency with regard to CEQA, and the Federal
Highway Administration ("FHWA") is the Lead Agency with regard to NEPA. The
selected firm will be required to provide professional services necessary to obtain CEQA
approval. The environmental analyses and studies prepared for the City to obtain CEQA
approval will be used by the Tribe to coordinate NEPA approval from the FHWA. Given
the scope of the Project, it is anticipated that the Project will require a Categorical
Exclusion ("CE") in accordance with CEQA regulations; and CE in accordance with NEPA
regulations. The selected consultant will be required to adequately document findings to
support a CEQA CE pursuant to state law, and to support a NEPA CE as required by the
FHWA and Tribe pursuant to federal law. Ca/trans has no role in this project; federal
funding for this project is directly from the FHWA.
4. The first paragraph of Section 4 shall be deleted and replaced with the following:
As this project is funded in part by federal funds, the selected firm's final contract is
subject to applicable provisions of the Caltrans Disadvantaged Business Enterprise
(DBE) Program Plan as it relates to local agencies. The DBE Program Plan is prepared in
accordance with U.S. Department of Transportation (DOT), 49 CFR, Part 26 regulations.
Firms replying to this RFP shall review the Notice to Proposers — Disadvantaged
Business Enterprise Information (Exhibit 10-I), included as part of this RFP.
It is the policy of the City of Palm Springs to ensure that DBE's, as defined in 49 CFR,
Part 26, have an equal opportunity to receive and participate in federal-aid contracts. It is
also the City's policy:
• To ensure nondiscrimination in the award and administration of DOT-assisted contracts.
• To create a level playing field on which DBE's can compete fairly for DOT-assisted
contracts.
• To ensure that the City's annual overall DBE participation percentage is narrowly tailored,
in accordance with applicable law.
• To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are
permitted to participate as DBEs.
• To help remove barriers to the participation of DBE's in DOT-assisted contracts.
• To assist the development of firms that can compete successfully in the market place
outside the DBE Program.
DBE's and other small businesses are strongly encouraged to participate in the
performance of Agreements financed in whale or in part with federal funds (See 49 CFR,
Part 26, "Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs"). Firms submitting a proposal in reply to
this RFP should ensure that DBE's and other small businesses have the opportunity to
participate in the performance of the work that is the subject of this solicitation and should
take all necessary and reasonable steps for this assurance. Firms shall not discriminate
on the basis of race, color, national origin, or sex in the award and performance of its
subcontracts.
Firms are encouraged to use services offered by financial institutions owned and
controlled by DBEs.
The City of Palm Springs has established an Annual Anticipated DBE Participation Level
(AADPL), which is the level of participation that the City would expect DBEs to achieve in
the absence of discrimination and the effects of past discrimination on federal-aid
contracts awarded by the City in a given Federal Fiscal Year(IFFY).
The City of Palm Springs operates under a state-wide DBE Program administered by
Caltrans. Effective February 27, 2009, Caltrans implemented the race-conscious
component of its DBE program. Federal-aid contracts will contain varying percentages of
Underutilized Disadvantaged Business Enterprises (UDBE) participation goals that
selected firms will be required to meet or, alternatively, perform a good-faith effort to meet
as a condition of award of a contract. Under the race-neutral component of the program,
Caltrans will continue to encourage the use of DBEs. Only UDBEs will count toward the
contract participation goal.
The City's total DBE participation level for this project is 1.54%. The race neutral portion
is 0.63% and the race conscious portion (UDBE) is 0.91%. Therefore, if the prime
consultant is not a DBE or UDBE firm, and/or if portions of the work required by the
Project are not assigned by sub-contract to DBE or UDBE firms equal to or exceeding the
participation levels, the selected firm will be required to demonstrate that appropriate
good faith efforts were made.
A "Local Agency Proposer UDBE Commitment (Consultant Contracts)" Exhibit 10-01
form and a "Local Agency Proposer DBE Information (Consultant Contracts)" Exhibit 10-
02 form will be included in the Agreement documents to be executed by the successful
firm. A copy of these forms will be included as part of the City's standard Professional
Services Agreement (see Attachment 4). The purpose of these forms is to collect data
required under 49 CFR, Part 26. Even if no DBE participation will be reported, the
successful firm must execute and return the forms.
Firms replying to this RFP are advised to read more about the Caltrans race-conscious
DBE Program by visiting the Caltrans DBE website at:
www.dot.ca.gov/ho/LocalPrograms/DBE CRLC.html.
5. Attachment 4, comprised of Exhibits 10-01 and 10-02, included with this Addendum, is
hereby added.
6. Disadvantaged Business Enterprise Information (Exhibit 10-1), included with this Addendum,
is hereby added.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.
Procurement&Contracting Manager
DATE: April 26, 2012
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature: Date:
Acknowledgment of Receipt of Addendum t is required by signing and including the acknowledgment with your
submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge
this Addendum may result in your submittal being deemed non-responsive.
m+_ g
REQUEST FOR PROPOSAL (RFP 16-12)
FOR
MESQUITE AVENUE WIDENING CIVIL ENGINEERING DESIGN SERVICES
ADDENDUM NO.2
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND
INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: This project is specified under CEQA categorical exclusion, please clarify as to
types of documents are exempted or excluded from submittal.
A 1: The selected consultant will be required to confirm the type of
environmental documents appropriate for this project. All environmental
work is the responsibility of the selected consultant.
Q 2: What is anticipated significant impact from the this project that necessitates
submittal of an EIR?
A 2: The selected consultant will be required to confirm the type of
environmental documents appropriate for this project All environmental
work is the responsibility of the selected consultant.
Q 3: Is a traffic impact study required for submittal?
A 3: The selected consultant will be required to confirm the type of
environmental documents appropriate for this project All environmental
work is the responsibility of the selected consultant.
Q 4: Is an air quality study associated with the increase in traffic required for
submittal?
A 4: The selected consultant will be required to confirm the type of
environmental documents appropriate for this project. All environmental
work is the responsibility of the selected consultant.
Q 5: Is there a need for submittal of archeological study (ancient burial, historical
sites, etc.)?
A 5: The selected consultant will be required to confirm the type of
environmental documents appropriate for this project. All environmental
work is the responsibility of the selected consultant.
Q 6: Is the proposed road expansion extends through sensitive or protected habitat
areas?
A 6: The selected consultant will be required to identify and determine any and
all sensitive or protected habitat areas that may be affected by the project.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.
Procurement&Contracting Manager
DATE: May 03, 2012
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature: Date:_
Acknowledgment of Receipt of Addendum 2 is required by signing and including the acknowledgment with your
submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge
this Addendum may result in your submittal being deemed non-responsive.
OF PALA4
V O
N
• CQl�FV{1C1�P
REQUEST FOR PROPOSAL (RFP 16-12)
FOR
MESQUITE AVENUE WIDENING CIVIL ENGINEERING DESIGN SERVICES
ADDENDUM NO.3
This Addendum is being issued for the following changes and informational Hems:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND
INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER
ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE
CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers thereto:
Q 1: Please send me the typical section which the City wants to do for Mesquite
Avenue and Lykken Trail.
A 1: Attached is the standard drawing for a local street. This is the typical
section for Mesquite Ave. west of Belardo Road.
Q 2: What services, if any, does City desire of the consultant during the bid period?
A 2. None are requested.
Q 3: Is it correct to assume that the City will provide only a project manager during the
construction period to make policy decisions, process pay estimates and contract
change orders; consultant to provide all other services?
A 3: Yes.
Q 4: I'm preparing a scope and cost for this RFP and would like to know if the parcel
that would contain the proposed Lykken Trail parking lot(APN 513300046) is
Indian Tribal (i.e. federally owned) land.
A 4: The property where the proposed parking lot is located is not on Tribal
land.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.
Procurement&Contracting Manager
DATE: May 08,2012
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature: Date:
Acknowledgment of Receipt of Addendum 3Is required by signing and including the acknowledgment with your
submittal,or you may also acknowledge the Addenda on the bottom of Attachment A Failure to acknowledge
this Addendum may result in your submittal being deemed nonresponsive.
C
W
R/w .. . . R/W
En 0
' u (�"'� m 25' 30' - 25 30
°i z 3 7 (10) 36' (40) 7' (10')' 3'
OZ .1 g' (20') 18' (20') -
m b 2% (TYP.)
mH D '~Zi s - ::n "..�.,a...r.. ..vr�r .s+ .ns. _f6 ` O
m m
61,
z
� 6"'DEEP SWALE
(TYP)
SIDEWALK - SEE C.P.S.
STD. DWG. 210 (TYP.) .. - CURB &.GUTTER
m j
SEE C.P.S. STD.
DWG. NO. 200 (TYP.)
K
� a
m
NOTES:.
o �
- F 1. SEE C.P.S. ,STD. DWG. NO. 110 FOR MINIMUM 'PAVEMENT STRUCTURAL SECTION. ..
a 0 P 2. TWO 10' (12') TRAVEL LANES; TWO B' PARKING LANES; OR AS APPROVED BY THE CITY ENGINEER.
coo
o p - D
O ,'ran H
EXHIBIT "D"
SCHEDULE OF COMPENSATION
END OF EXHIBIT "D"
Exhibit"D"
Page 1 of 1
DMC Design Group,Inc.
Maple Centre
140 N. Maple St.,Suite 104
Corona,CA 92880 LJ
DESIGN G.
(951)549-8100 Fax(951)549-8102
May 17,2012
City of Palm Springs
Division of Procurement and Contracting
3200 E.Tahquitz Canyon Way
Palm Springs,CA 92262
RE Proposal—RFP#16-12 Mesquite Avenue Widening Civil Engineering Design Services,City Project
#12-01(Revised July 31,2012)
ATTN: Craig Gladders,C.P.M.,Procurement&Contracting Manager
Dear Mr.Gladders:
DMC Design Group,Inc.will provide the services outlined in our May 17,2012 Proposal for the following total
not to exceed fee:
TafR ripd. N&TOE Fs
Phase 1—Environmental Approval and Project Development
Task1.01 Project Research $1,760
Task 1.02 Initial Site Visit $1,480
Task 1.03 Topographic Survey $6260
Task 1.04 Base Map Development $3,100
Task 1.05 Initial Utility Coordination $1,540
Task 1.06 Environmental Clearance Support Services $4,450
Task1.07 Concept Development $10,990
Phase 1—Total Costs $29,580
Phase 2—Engineering Design(PS&E's)
Task 2.01 Utility Coordination $1,420
Task 2.02 Geotechnical Investigation $9,960
Task 2.03 Plans,Specifications and Estimates(PS&E's) $16,6 t5
Task2.04 SWPPP $1,335
Task 2.05 Additional Site Visits(2) $2,320
Task 2.06 Project Specific WQMP $3,980
Task 2.07 Bid Support $2,940
Task 2.08 Construction Support $5,220
Phase 2—Total Costs $43,790
Phase 3 — Right-of-Way Services (To Be Completed On An
Hourly Basis Upon Receiving Written Authorization From
The City
All Phases—Total Costs $73,370
Direct Costs $5,621
Total Project Costs $78,991
\S.Ik.\MAR[O=TDMC 201M�32 CITY OF PALM SPRINGS-MESQ=AVENUE WIDENINGPROIECI)MPOSALM FEEFROPOSAL-FEELE=(REVISED 120I31)DOC
May 17,2012
Page 2
Attached is a Resource Matrix Tables that provides a breakdown of resource hours by task cost. Also
attached is current Schedule of Hourly Rates. The fees and hourly rates outlined in this proposal are
valid for a period of ninety(90)days from the date of this submittal.
Additional Costs
• Task 3 Acquisition Documents—$1,200 for each legal description/plat map
• Task 3 Right-of-Way Services(Field Appraisal Review Per FHWA)-$2,900 per Review
• Task 3 Right-of-Way Services(ROW Certification-No Utilities Included)-$3,900
We look forward to discussing our qualifications in more detail with the City of Palm Springs. Should
you have any questions or concerns regarding DMC's qualifications,do not hesitate to contact us.
t
rely,D Gro p c.M.Cosper,P.Epal Engineer
ATTACHMENTS
• Resource Matrix—Total Project Costs
• Schedule of Hourly Rates
VIM
DESIGN G
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
END OF EXHIBIT "E"
Exhibit"E"
Page 1 of 1
SCHEDULE OF PERFORMANCE December 19,2012
RFP#16-12
Mesquite Avenue Widening Civil Engineering Design Services
City Project No.12-01
air 1,2013 Otr 2,2013 Otr 3,2013 Ob 4,2013 Otr 1,2014 Otr 2,
Teak Name I. Duration Start Finish Dec Jan Feb - Mar Apr May Jun Jul Aug , Sep qa Nov_ Dec Jan Feb Mar Apr
PHASE 1-ENVIRONMENTAL APPROVAL!PROJECT DEVELOPMENT 125 days Mon 11 i3 Fri 6=13
Task 1.01-Project Reseamh 5 days Man 117113 Fri 1111113 1/7 Task 1.01-Project Research
Task 1.02 Initial Sim Visit 0 days Thu 1/10/13 Thu 1/10/13 1/10 . Task 1.02 Initial Site Visit
Task 1.03 Topographic Survey 5 days Mon 1114113 Fri 1118113 1114 ' Task 1.03 Topographic Survey
Task 1.04 Base Map Development 10 days Mon 1121113 Fri 2/1/13 1121 .Task 1.04 Base Map Development
Task 1.05 Initial Utility Coordinate 15 days Mon 1/14/13 Fri 2/l/13 1114 ■ Task 1.05 Initial Utility Coordinate
Task 1.06 Environmental Clearance 120 days Mon 1114113 Fri 6/28113 1114 ask 1.06 Environmental Clearance
Task 1.07 Concept Development 45 days Mon 4rMl3 Fri 628/13 4129 ENEWTask 1.07 Concept Development
PHASE 2-ENGINEERING DESIGN(PS&E's) 260 days Mon 4129113 Fri 4/2644
Task 2.01 Utility Coordination 131 days Mon 4129/13 Mon 1028/13 4129 Task 2.01 Utility Coordination
Task 2.02 Geotechnical Investigation 45 days Mon 429/13 Fri 6/28/13 4/29 1111111U# ask 2.02 Geotechnical Investigation
Task 2.03 PS&E's 125 days Mon 7/l/13 Fn 12120113
Prepare and Submit 80%Complete PS&E's 30 days Mon 7/1/13 Fri SM13 7H CPrepare and Submit 80%Complete PS&E's
City/RCFC Review 15 days Mon 8/12/13 Fri 8130/13 8112 . City/RCFC Review
Prepare and Submit 100%Complete PS&E's 25 days Mon g2/13 Fri 1014/13 912 CPrepare and Submit 100%Complete PS&
Cay/RCFC Review 15 days Mon 10/7/13 Fri 1025113 1017 ■ CItyIRCFC Review
Prepare and Submit Screen Check PS&E's 15 days Mon 1028113 Fri 11/15/13 10128 CPrepare and Submit Screen Cho
City Review 15 days Mon 11/18/13 Fri 12013 11119 ■City Review
Prepare and Submit Final PS&E's 10 days Mon 12/9113 Fd 12/20/13 12/9 CPrepare and Submit Final
Task 2.04 SWPPP Plan 95 days Mon 8/12/13 Fri 1220/13 8112 ask 2.04 SWPPP Plan
Task 2.05 Site Visible;(2) 40 days Fri amm Fri 10/4/13
First She Visit 0 days Fri 8IW13 Fri B013 - 819 ♦ First Site Visit
Second She Visit 0 days Fri 10/4/13 Fri 1014113 1014 ♦ Second Site Visit
Task 2.06 Project Specific WOMP 125 days Mon 711/13 Fri 12/20/13 711 Task 2.06 Project Speci0
Task 2.07 Bid Support 45 days Mon 12J 3113 Fri 2121/14 12123 - Task 2.07 Bi
Task 2.08 Construction Support 45 days Mon 2/24114 Fri 4125/14 -
PHASE 3-RIGHT-OF-WAY SERVICES 155 days Mon 5I20113 Fri 12FM13
Task 3.01 Right of Way Map 30 days Mon 5/20/13 Fri 6/28/13 - 520 `Mask 3.01 Right of Way Map
Task 3.02 Acquisition Documents(2) 15 days Mon 7/1/13 Fri 7119113 711 CTask 3.02 Acquisition Documents(2)
Task 3.02 Appraisal Report(1) 30 days Mon 7/22/13 Fri 8/30/13 722 CTeak 3.02 Appraisal Report(1)
Task 3.04 NegotlationfAcqulsbtion Services 80 days Mon 92/13 Fn 1220113 912 Task 3.04 Negot ationlAc
Task 3.06 Coordination with Tribe 155 days Mon 520/13 Fri 1220/13 5120 Task 3.06 Coordination w
David M.Cooper,P.E.,Project Manager CITY TASK Mikstane . Phase Summary ^ SubTask Summery
DMC Design Group,Inc.
Project Schedule DMC TASK 0 Submittals O Task Summary WMMMMIW
EXHIBIT "G"
CONTRACT FORMS
CONTRACT FORMS FOLLOWS THIS PAGE
• Exhibit 10-F: Certification of Consultant, Commissions & Fees
• Exhibit 10-02: Local Agency Consultant DBE Commitment
• Exhibit 15-H: DBE Information —Good Faith Efforts
• Exhibit 10-P: Non-Lobbying Certification for Federal-Aid Contracts
• Exhibit 10-Q: Disclosure of Lobbying Activities
Local Assistance Procedures Manual EXHIBIT 10-F
Certification of Consultant,Commissions&Fees
EXHIBIT 10-F CERTIFICATION OF CONSULTANT,COMMISSIONS&FEES
I HEREBY CERTIFY that I am the Principal Engineer/President and duly authorized
representative of the firm of DMC Dp c;gn Crn„p, Tnr_ whose address is
140 N. Maple Street, Suite 104, Corona, CA 92880 and that,except as hereby
expressly stated,neither I nor the above firm that I represent have:
(a) employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,
any firm or person(other than a bona fide employee working solely for me or the above consultant)to
solicit or secure this agreement;nor
(b) agreed, as an express or implied condition for obtaining this contract,to employ or retain the services
of any firm or person in connection with carrying out the agreement;nor
(c) paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working
solely for me or the above consultant)any fee, contribution,donation, or consideration of any kind,for or
in connection with,procuring or carrying out this agreement.
I acknowledge that this Certificate is to be made available to the California Department of Transportation
(Caltrans)in connection with this agreement involving participati deral-aid Highway funds,and is subject
to applicable state and federal laws,both criminal and civil.
December 31, 2012
(Date) (Sign re)
Distribution: 1)Local Agency Project File(Original&Contract)
2)DLAE(with contract copy)
Pagel
OB 12-03 June 20,2012
Local Assistance Procedures Manual EXHIBIT 10-02
Local Agency Consultant DBE Information
EXHIBIT 10-02:LOCAL AGENCY CONSULTANT DBE INFORMATION
(Inclusive of all DBEs listed at bid proposal)
NOTE: Please refer to instructions on the reverse side of this form.
Consultant to Complete this Section
1.Local Agency Name: Palm Springs
2.Project Location: Mesquite Avenue.West of Belardo Road
3.Project Description: Mesquite Avenue Wideing(West of Belardo Road)
4.Total Contract Award Amount:$ 78,991
5.Consultant Name: DMC Desian Group,Inc.
6.Contract DBE Goal%: F NI - -
7.Total Dollar Amount for all Subcontractors:$ 11,200.00
8.Total Number of all Subcontractors: 2
Award DBE Information
9.Description of Services to be Provided 10.DBE Firm IL DBE Cert. 12.DBE Dollar
Contact Information Number Amount
Farhat Sicirliql
Local Agency to Complete this Section 13.Total
Dollars
20.Local Agency Contract Number. - CP 12-01 Coed S
21.Federal-aid Project Number: 14:Total -
22.Contract Execution Date: January 2,2013 %Claimed
Local Agency certifies that all DBE certifications are valid and the
information on this form is complete and accurate:
Savat Khampbou
23.Local Agency Representative Name(Print)
24.Local Agency Representative Signature 25.Date.
Assistant Director of Public Works (760)323-83253 x8744 t
26.Local Agency Representative Title 27.(Area Code)Tel.No.
David M. Cospgr
16.Preparer's Name(Print)
Principal Engineer/President
Caltrans to Complete this Section 17.Preparer's Tide
Caltrans District Local Assistance Engineer(DLAE)certifies that this form 17/�1/�7 R51 P }
18.Date W.(Area Code)Tel.No.
has been reviewed for completeness:
N/A- Proiect is Federally Funded but through the Tribe,not through Caltmos
- - - 2&DLAE Name(Print) 29.DLAE Signature 30.Date
Distribution: (1)Copy—Email a copy to the Caltrans District Local Assistance Engineer(DLAE)within 30 days of contract award.Failure to send a
copy to the DLAE within 30 days of contract award may result in delay of payment
(2)Copy—Include in award package sent to Caltrans DLAE (3)Original—Local agency files
Page 1
OB 12-04 June 29,2012
Local Assistance Procedures Manual Exhibit 15-H
DBE Information-Good Faith Effort
EXHIBIT 15-H DBE INFORMATION--GOOD FAITH EFFORTS
DBE INFORMATION- GOOD FAITH EFFORTS
Federal-aid Project No. Bid Opening Date l3v 17, 2012
The City of Palm Springs established a Disadvantaged Business Enterprise(DBE) goal of
2.14.°/u for this project.The information provided herein shows that a good faith effort was made.
Lowest, second lowest and third lowest bidders shall submit the following information to document adequate
good faith efforts. Bidders should submit the following information even if the"Local Agency Bidder DBE
Commitment"form indicates that the bidder has met the DBE goal.This will protect the bidder's eligibility for
award of the contract if the administering agency determines that the bidder failed to meet the goal for various
reasons,e.g.,a DBE firm was not certified at bid opening,or the bidder made a mathematical error.
Submittal of only the"Local Agency Bidder DBE Commitment"form may not provide sufficient documentation
to demonstrate that adequate good faith efforts were made.
The following items are listed in the Section entitled"Submission of DBE Commitment" of the Special
Provisions:
A. The names and dates of each publication in which a request for DBE participation for this project
was placed by the bidder(please attach copies of advertisements or proofs of publication):
Publications Dates of Advertisement
N/A
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and
-the dates andmethods used for followingup initial solicitations todetermine with certainty
whether the DBEs were interested(please attach copies of solicitations,telephone records,fax `
confirmations, etc.):
Names of DBEs Solicited Date of Initial Follow Up Methods and Dates
Solicitation
Geo-Envirormmental 12-26-2012 E 12-3 Clarification
2-31-12
Aillapst GpogrionrPQ 19 26 12 'jhpy_are o}1t: of h„s;ness.
Page 15-1
OB 12-04 June 29,2012
Exhibit 15-H Local Assistance Procedures Manual
DBE Information-Good Faith Effort
C. The items of work which the bidder made available to DBE firms including,where appropriate,
any breaking down of the contract work items (including those items normally performed by the
bidder with its own forces)into economically feasible units to facilitate DBE participation. It is
the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was
made available to DBE firms.
Items of Work Bidder Normally Breakdown of Amount Percentage
Performs Item Items ($) Of
(Y/N) Contract
Geotechnical Investigations Y $8,000.00 10.13%
D. The names, addresses and phone numbers of rejected DBE firms,the reasons for the bidder's
rejection of the DBEs,the firms selected for that work(please attach copies of quotes from the
firms involved), and the price difference for each DBE if the selected firm is not a DBE:
Names,addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection
of the DBEs:
Allwest Geoscience
1751 Jenks Drive
rhrnn2 rA 9?RR0
951_284-7100
Names, addresses and phone numbers of firms selected for the work above:
GEO Environmental
2691 Ri h ar Av n ip
T=Jnp� CA 99hOA
949-964-RIR4
E. Efforts made to assist interested DBEs in obtaining bonding,lines of credit or insurance, and any
technical assistance or information related to the plans, specifications and requirements for the
work which was provided to DBEs:
Not Necessary
Page 15-2
June 29,2012 OB 12-04
Local Assistance Procedures Manual Exhibit 15-H
DBE Information-Good Faith Effort
F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies,materials or
related assistance or services,excluding supplies and equipment the DBE subcontractor
purchases or leases from the prime contractor or its affiliate:
Tlot NerpsRa i
G. The names of agencies, organizations or groups contacted to provide assistance in contacting,
recruiting and using DBE firms (please attach copies of requests to agencies and any responses
received, i.e., lists,Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results
Not Necessary
H. Any additional data to support a demonstration of good faith efforts (use additional sheets if
necessary):
None
NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.
Page 15-3
OB 12-04 June 29,2012
Local Assistance Procedures Manual EXHIBIT 10-P
Nonlobbying Certification for Federal-aid Contracts
EXHIBIT 10-P NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies by signing and submitting this proposal/bid to the best of his or her
knowledge and belief that:
(1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or employee of any federal agency, a Member
of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection
with the awarding of any federal contract,the making of any federal grant,the making of any federal.
loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,
amendment,or modification of any federal contract,grant, loan,or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency,a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection
with this federal contract, grant, loan,or cooperative agreement,the undersigned shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $I0,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his/her proposal/bid that he/she shall require that the
language of this certification be included in all lower-tier subcontracts which exceed$100,000 and that all such
sub-recipients shall certify and disclose accordingly.
Consultant Name: DMC Design Group. Inc.
ilacamhar 319 9012
Date (Signature
David M. Cosper - Principal Engineer/President
Print Name&Title
Pagel
OB 12-03 June 20,2012
Local Assistance Procedures Manual EXHIBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT lO-Q DISCLOSURE OF LOBBYING ACTIVITIES
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action; 2. Status of Federal Action: �q3. Report Type:
® a. contract ® a bid/offer/application `1_t a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year_ quarter
f. loan insurance date of last repo
4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee Unkown
Tier ,if known
Congressional District,if known Congressional District,if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
Unkown CFDA Number,if applicable
8. Federal Action Number,if known: 9. Award Amount,if known:
Unkown N/A
10. a. Name and Address of Lobby Entity It. Individuals Performing Services (including
(If individual,last name,first name,MI) address if different from No. l0a)
(last name,fast name,MI)
None N/A
(attach Continuation Sheet(s)if necessary)
11. Amount of Payment(check all that apply) 13. Type of Payment(check all that apply)
$ 0 actual rl planned a. retainer
b. one-time fee
12. Form of Payment(check all that apply): c. commission
a. cash _ d. contingent fee .".... _...
15. in-kind;specify:nature- e deferred
Value f. other,specify
14. Brief Description of Services Performed or to be performed and Date(s)of Service,including
officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11:
(attach Continuation Sheets)i necessary)
15. Continuation Sheet(s)attached: Yes El No
16. Information requested through this form is authorized by Title
31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: Davi d M. Cri T r
1352. This information will be reported to Congress =
semiannually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject Title: Principal Engineer/President
to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure. Telephone No.: 951-549-81CO DateW31/12
Authorized for Local Reproduction
Federal Use Only: Standard Form-LLL
,.,... .,_._,.. ...,....". ......... .,.._ ...,. . ..,..."_�..-SlmMard Farm LLL-aev:04-29-o9....
Distribution: Orig-Local Agency Project Files
Page 1
OR 12-03 June 20,2012