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A6047 - DMC DESIGN GROUP INC AGUA CALIENTE CULTURAL MUSEUM ROAD AND DRAINAGE IMPROVEMENT CP 09-04
1 ✓ 1 AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 6047 WITH DMC DESIGN GROUP, INC. AGUA CALIENTE CULTURAL MUSEUM ROAD AND DRAINAGE IMPROVEMENTS CITY PROJECT NO. 09-04 FEDERAL PROJECT NO. PLHDL06-5282(032) & HPLUL-5282 (033) The following articles of Agreement No. 6047 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to One Hundred Seventeen Thousand Nine Hundred and One Dollars ($117,901.00). SCOPE OF SERVICES (Exhibit"A")—Exhibit"A" is amended as follows: Refer to attached sheet. SCHEDULE OF COMPENSATION (Exhibit"C")—Exhibit"C" is amended as follows: Exhibit"C" is replaced with the attached Exhibit"C". Purchase Order Number(s): 11-0517 Agreement Number: 6047 Original City Council Approval: December 15, 2010 Original Contract Amount: $ 109,001 Amount of Prior Amendments:$ $ 0 Amount of This Amendment: $ 8,900 Amended Total: $ 117,901 Account Number: 261-4491-50190; $8,900 SIGNATURES ON LAST PAGE ORIGINAL BID AND/OR AGREEMENT Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 6047 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a California charter city City Clerk 'if/is/�f7 By. City Mtatir 0�'Pia¢a- APPROVED AS TO FORM: APPROVED BY CITY COUNCIL yyi( 18.6-\O aK-- A60�-j By City Attorney APPRUVW ffY DE t CONSULTANT: DMC Design Group,Inc. 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I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct. correct. WITNESS my hand at official seal. WITNESS my hand an official seal. AOI Notary Signatur . Notary Signature: Notary Seal: Notary Seal: YflA TR MA TRU Commission# 1839094 Commission# 1839094 IL Notary Public-California z i -'� Notary Public-California z z Orange County ' Z Orange County My Comm.Expires Mar 1,2013 My Comm. Expires Mar-1,_2013 EXHIBIT "A" SCOPE OF SERVICES Add the following subtask "Noise Study Report' under the heading Technical Studies to Task 1.7 Environmental Clearance Support Services: Noise Study Report— Consultant shall provide the necessary noise analysis services, including completion of the following tasks: • Conduct a site visit to preliminarily identify noise sensitive land uses and other features of the project area relevant to the noise study. Final selection of noise sensitive receptor location would be determined through consultation with Caltrans Noise Specialist. Consultant shall coordinate with the City and Caltrans Noise Specialist to ensure that specific District 8 requirements are followed. • Conduct a Feld noise survey to quantify and assess existing noise conditions at the selected noise-sensitive areas. Sound-level data shall be collected over a 10 to 30 minute periods at selected locations throughout the day at up to 2 locations. In addition, one continuous 24- hour noise measurements will be conducted to determine the loudest period(s). • Perform traffic noise modeling related to the proposed project using the FHWA Traffic Noise Model (TNM) Version 2.5. The TNM model will incorporate the proposed plans and traffic data for both the local roadway sand freeway main lines. The traffic data and plans will be provided by the project traffic engineer and civil engineer. TNM will be used to model worst noise-hour noise conditions at selected receiver locations under existing conditions and horizon-year conditions with and without the proposed project. • Traffic noise impacts of the proposed project under 23CFR772 shall be assessed by determining if implementation of the project is projected to result in traffic noise levels under design-year conditions that approach or exceed the Noise Abatement Criteria (NAC) or if implementation of the project is predicted to result in a substantial noise increase (>12 dBA) at noise-sensitive uses. • Consultant shall prepare a Noise Study Report (NSR) evaluating the noise impacts and potential noise abatement for the project. The study shall be prepared in accordance with procedures specified by FHWA in Title 23, Section 772 of the Code of Federal Regulations (CFR) (23 CFR 772) and the Caltrans Traffic Noise Analysis Protocol (Protocol). • Minor revisions to the NSR will be made based upon comments received by the City, Caltrans District 8 Noise Specialist and Caltrans Headquarters. For budgeting purposes it is assumed that no more than 3 substantial comment revisions, from each agency, will be necessary and a total of 8 hours of staff time will be required. • Preparation of the NSR assumes the following: no model calibration will be required as the proposed roadway is new; no NADR will be required per the PES; Cityw ill provide all required traffic data, including available Traffic Report, Existing, Future with and without project, maximum LOS C traffic volume for road segment; City to obtain right of entry permits as required. END OF EXHIBIT "A" Exhibit A—Scope of Services Page 1 of 1 EXHIBIT "C" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor shall be made no more frequently than monthly, and shall be based on lump sum costs per task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion of such task item as determined by the Contract Officer. Each request for payment shall contain Contractor's statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgment of the Contract Officer. Task Total Lumo Sum Phase 1—Environmental Approval and Project Development Task 1.1 —Project Research $ 1,220.00 Task 1.2—Initial Site Visit $ 2,180.00 Task 1.3— Project Scope of Work Compliance $ 1,000.00 Task 1.4—Topographic Survey $ 5,120.00 Task 1.5—Base Map Development $ 3,120.00 Task 1.6— Initial Utility Coordination $ 3,680.00 Task 1.7—Environmental Clearance Support Services $ 38 101.00 Sub-Total Phase 1 $ 54,421.00 Phase 2—Engineering Design Task 2.1 —Utility Coordination $ 2,020.00 Task 2.2—Utility Pothole $ 11,270.00 Task 2.3—Geotechnical Investigations $ 5,750.00 Task 2.4—WSPG Study $ 3,060.00 Task 2.5— Plans, Specifications and Estimates (PS&E's) Task 2.5.1 —Plans $ 13,980.00 Task 2.5.2—Technical Specifications $ 2,120.00 Task 2.5.3—Estimates $ 2,560.00 Task 2.6—Additional Site Visits $ 1,170.00 Task 2.7— Local Assistance Support Services $ 2,480.00 Task 2.8—RCFC Coordination $ 2,660.00 Task 2.9—Bid Support $ 1,220.00 Task 2.10—Construction Support $ 1,720.00 Sub-Total Phase 2 $ 50,010.00 Phase 3—Right-of-Way Services Task 3.1 —Acquisition Documents (1) $ 1,220.00 Task 3.2—Right-of-Way Coordination $ 1,420.00 Sub-Total Phase 3 $ 2,640.00 Reimbursable Expenses $ 10,830.00 Grand Total $117,901.00 END OF EXHIBIT "E" CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT AGUA CALIENTE CULTURAL MUSEUM ROAD AND DRAINAGE IMPROVEMENTS CITY PROJECT NO. 09-04 FEDERAL AID PROJECT NO. PLHDL06-5282 (032) & HPLUL-5282 (033) THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into, and effective on VA , 20a, between the CITY OF PALM SPRINGS, a California charter city and mun ipal corporation, ("City") and DMC Design Group, Inc., a California corporation, ("Consultant"). City and Consultant are individually referred to as "Party" and are 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 Agua Caliente Cultural Museum Road and Drainage Improvements, City Project No. 09-04, Federal Aid Project No. PLHDL06- 5282(032) and HPLUL-5282(033), (hereinafter the "Project"). B. Consultant has submitted to City a proposal to provide environmental, civil engineering design, and construction administration services to City for the Project under 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 in this Agreement. D. City desires to retain Consultant to provide such professional services. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work") , which is attached and incorporated by reference. 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 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 in this Agreement. 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. Page 1 of 19 727272.1 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement and the supplemental "Special Requirements" identified on Exhibit "B"; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits "C" and "D," respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals, and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (V ) the provisions of the Scope of Services (Exhibit "A"); (2nd) the provisions of the City's Request for Proposals (Exhibit "C"); (3rd) the terms of this Agreement and the supplemental "Special Requirements" identified on Exhibit "B"; and, (4th) the provisions of the Consultant's Proposal (Exhibit "D"). 1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances, lawful orders, rules, and regulations. 1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 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. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, 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. Page 2 of 19 727272.1 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Consultant shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. 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 any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by 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 or reasonably contemplated within the Scope of Services. 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 the main body of this Agreement, the provisions in Exhibit "B" shall govern. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "E" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of One Hundred Nine Thousand One Dollar, ($109,001) ("Maximum Contract Amount"), except as may be provided under Section 1.8. 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 under 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 accepts the risk that the services identified in the Scope of Services may be more Page 3 of 19 727272.1 costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, 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 this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2 Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "E"), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth (10) working day of such month. 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 as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or 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 by the 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 attached Schedule of Performance (Exhibit "F"), which is attached and incorporated by reference. 3.2 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the Page 4 of 19 727272.1 time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under 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) if Consultant, within ten (10) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement under this section. 3.4 Term. Unless earlier terminated under 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. However, the term shall not exceed three (3) years from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. 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. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon 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 stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. Consultant may terminate this Agreement, 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. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Page 5 of 19 7z7?7z,1 Agreement: David M. Cosper, PE, Project Manager. 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 the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 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 full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement 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 in this Agreement 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 under this Agreement without the express written consent of City. 4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Consultant a City employee. A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the Page 6 of 19 727272A 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 have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. 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. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, 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, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's 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 in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required 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 Page 7 of 19 727272.1 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 under (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 under this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. Page 8 of 19 727272.1 E. Em to er 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 or his/her designee 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 or his/her designee 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 under this Agreement: 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (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 Page 9 of 19 727272.1 delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 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 in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required in this Agreement 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, or 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 impair the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible Page 10 of 19 7272721 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 in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class 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 no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized Page 11 of 19 727272.i agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, Page 12 of 19 727272A to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non-design- professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 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, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 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. 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. 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 resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under Page 13 of 19 727272.1 this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Consultant. Consultant's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for 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 Page 14 of 19 727272,1 cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. 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 8.3A, take over the work and prosecute the same to completion by contract or otherwise. 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). The 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 in this Agreement. 8.4 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. 8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or 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. 8.7 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. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of Page 15 of 19 727272.1 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 direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their 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 Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of 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. 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: A. 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 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 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. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant's consent, which shall not be unreasonably withheld. 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 Page 16 of 19 727272.1 to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices 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. All notices 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, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm springs Attention: City Manager & 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. Attention: David M. Casper, PE 140 North Maple Street, Suite 104 Corona, CA 92880 Telephone: (951) 549-8100 ext 706 Facsimile: (951) 549-8102 10.3 Integrated 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 in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 10.5 Severabilit . Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. Page 17 of 19 727272.1 10.6 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.7 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party in this Agreement. 10.8 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.9. 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 18 of 19 727272 i IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs T r Date: h By. David H. Ready City Manager APPROVED AS TO FORM: ATTEST By. p11�i mps .1 Douglas C. Holl�'n amen Thompson, City Attorney City Clerk APPROVED BY CITY COUNCIL: APPROVED By CITY COUNCIL Date: Agreement No. CONSULTANT Name: DMC Design Group, Inc. Check one:_Individual_Partnership X Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Address: 140 North Maple Street Suite 104 ZCCorona 92$80 C By: By: Signature (na d) Signature (notarized) Name:O i� M ��� "t� Name: L]C�itlr�fi9 .Alc�c�ie�.�t/G�� Title: Title: Page 19 of 19 727272.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �. County of � . I)W-- 1 personally appeared /I __ "athislors Kt who prated to me on the baste of satisfactory evidence to be the person(s) whose nalne(s)�are subscribed to the within instrurrrent and acknowledged to me that felthey executed the saute in ter authorized capacity(ies), and that by kiff4te heir signiiuiv(s) on the Instrument the person(S), or the entity upon behalf of which the persan(s)acted, exDcuted the Instrument. C.L.CORDON COMM.#175594 a - NotaryPublic-California o ! certify under PENALTY OF PERJURY under the laws tiiversideCoultty of the State of California that the foregoing paragraph is z Co .Ex ires Au •4,2011 true and correct. M mm '� WITNESS my he and � tf�a!ski. Pkka No" l Signature $Oaury d Waq Nh& OPTIONAL Though tho information below is not regarired by lay,It nW prove vaivabk to persons rWy#V on the document and coudl lsrevent fraa&&nt removal and reattachment of this form to,another doo"ent. Description of Attaches Q um rd Title or 7�pe of Docurnent:-.... :". . .... .. Zyt �'ri Current Data. --Number n h7agaas:. Signer(s)Other Than Named Above: Capecity(ies)Claimed by Signer(s) Signer's Name:... ............. ..............................-- Signer's f+iame: �_ ............-. 77 1 vldual ) t.— Individual VCorporate officer—Titt(s): 0 Corp mte Officer---Title(s): L Partner---0 Limited L General ry C Partner Limiters L.Genera! NaffliMIRMIMUO J Attcsmey in Fact 1 1 Attomey in Fact 0 Trustee for as tern 1:-Rustee { Too of tlxln�hPm LJ Guardian or Conservator C Guardian or Conservator } 0 Other:_.......... (m, Other: Signer Is Representing i Signer Is Representing. 02W NA00nal Nowy A&irCC Wn-9350 Do SM Ave-,PO,Box 2402-Ctwtw)Mh CA 9131 3-2i02-www.WiUReRe ary:msg 1W3#M67 r�re4xrl�s:Ced Tcl6Frc�i-Aq(}87Fr-Aft?7 EXHIBIT "A" SCOPE OF SERVICES General Scope: Evaluate the construction of certain street and storm drainage improvements in Hermosa Drive, and certain improvements at the southeast corner of Tahquitz Canyon Way and Hermosa Drive, pursuant to CEQA and NEPA, and obtain CEQA/NEPA approvals. Prepare plans, specifications and estimate (PS&E) for construction of certain street and storm drainage improvements in Hermosa Drive, and certain improvements at the southeast corner of Tahquitz Canyon Way and Hermosa Drive. Provide turn-key construction inspection and administration of the project (optional, to be added as an additional scope of work at the discretion of the City). Work Plan The project will be completed in the following four (4) phases: • Phase 1 — Environmental Approval and Project Development • Phase 2 — Engineering Design (Plans, Specifications and Estimates) • Phase 3 — Right-of-Way Services • Phase 4 — Construction Administration (Optional — to be added at the discretion of the City) Phase 1 — Environmental Approval and Project Development Task 1.1 Project Research — Consultant shall research all available City, utility company and other agency and developer records, as necessary, to secure all relevant information required to identify, locate and accurately lay out all improvements, utilities and easements, centerlines, right-of-way limits and private property lines. Task 1.2 Initial Site Visit — Existing conditions and supporting improvements, such as pavement surface areas, curb, gutter, sidewalks and driveways, access ramps, fences, structures and existing landscaping/irrigation system improvements will be inventoried within the project limits. Pictures/videos will be taken of the entire project area to confirm existing conditions. Task 1.3 Project Scope of Work Compliance — Consultant shall meet with the appropriate Agua Caliente Cultural Museum, City of Palm Springs and Caltrans Local Programs officials to define and achieve approval of the programming requirements for the federal-aid funds obligated to this project and to coordinate programming changes to ensure the final agreed scope of work for the project is eligible under associated federal guidelines. Task 1.4 Topographic Survey — Consultant shall coordinate with the City to obtain known survey data for this site. Consultant shall 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. Consultant shall establish one (1) temporary bench mark for use during construction. Exhibit"A" Page 1 of 11 727272.1 EXHIBIT "A" SCOPE OF SERVICES Task 1.5 Base Map Development — Utilizing research documents and field survey data, Consultant shall develop a project area base map of the intersection 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. Task 1.6 Initial Utility Coordination — Consultant shall 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. Consultant shall initiate the development of a Utility Log of all future correspondence with the affected utilities. Task 1.7 Environmental Clearance Support Services — Consultant shall complete the following environmental clearance activities necessary to obtain a Negative or Mitigated Negative Declaration environmental clearance for the project through Caltrans Local Assistance: Project Initiation — Prepare a detailed project description, including identification of the project footprint and timing of construction, and an Area of Potential Effects (APE) Map for potential environmental impacts that will accompany the PES. Consultant shall coordinate with Caltrans as necessary the review and approval of the APE Map. Preliminary Environmental Study — Coordinate, attend and facilitate a field review meeting with Caltrans and conduct preliminary research to complete a Preliminary Environmental Studies (PES) Form consistent with the Caltrans' Local Assistance Procedures Manual. Consultant shall coordinate with Caltrans as necessary the review and approval of the PES Form. Technical Studies— Prepare the following technical reports: • Air Quality Report — The federal Clean Air Act (CAA) establishes federal air quality standards, known as national ambient air quality standards (NAAQS), and specifies future dates for achieving compliance. The CAA mandates that the state submit and implement a State Implementation Plan (SIP) for areas not meeting these standards (nonattainment areas). The primary air quality issue surrounding the proposed road and drainage improvement activities from the Baristo Channel to Arenas Road would be the consistency of these improvements with both the 2007 Air Quality Management Plan (for ozone attainment) and Coachella Valley PM10 State Implementation Plan. For example, 40 CFR Part 51 and Part 93 (Final Rule effective November 24, 1993) requires that federally supported activities must conform to the SIP, whose purpose is that of attaining and maintaining the NAAQS. Due to the nature of the proposed project, it is not anticipated that the limited road and drainage improvement activities would result in inconsistencies with Exhibit"A" Page 2 of 11 727272.1 EXHIBIT "A" SCOPE OF SERVICES the SIP. In order to demonstrate conformity, the report will show that the project will not result in any new violations of the NAAQS, will not impede or delay attainment of ozone and particulate matter standards, for which the Palm Springs region is designated nonattainment, and will not increase the severity or frequency of existing NAAQS violations in the area. The evaluation to determine this includes an analysis of consistency with the 2007 Air Quality Management Plan and Coachella Valley PM10 State Implementation Plan population and employment growth projections, avoidance and minimization measures to address project impacts, and incorporation of 2007 Air Quality Management Plan and Coachella Valley PM10 State Implementation Plan land use planning strategies. The project will require interagency consultation with Coachella Valley Association of Governments for PM10 (Deliverables: Air Quality Conformity Memorandum). Cultural Resource Analysis — It is anticipated that the project would require a preparation of an HPSR/ASR under the provisions of Section 106 of the National Historic Preservation Act, including the following activities: - Contact Caltrans/Agua Caliente offices to discuss any concerns and to review any records or documents that they may have regarding cultural resources within or near the APE; communications would be maintained throughout the term of the study; - Conduct an archaeological/historical records search at the Eastern Information Center, located on the campus of the University of California, Riverside and request a records search from the Agua Caliente Register; - Conduct general historical background research using archival materials and early maps to ascertain the history of land use and development trends within and near the APE; - Request a sacred lands record search from the Native American Heritage Commission and contact local Native American representatives regarding Native American resources in and around the project area, including follow-up phone calls, as required by Caltrans and the Section 106 process; - Complete a geomorphologic literature and map search to determine the prehistoric/historic landscapes and possible human use of those landscapes and thus assess the potential for buried cultural deposits to be present within the Area of Potential Effects (APE) as required by the Section 106 process; - Conduct site-specific historical studies, including archival and ethnographic research, interviews, and consultations with local historical societies and people with knowledge of local history and the history of the APE, to determine past land uses; to learn about former owners and to explore historical associations; and to assess the likelihood and integrity of any possible subsurface deposits; Exhibit"A" Page 3 of 11 727272.1 EXHIBIT "A" SCOPE OF SERVICES - Conduct an intensive-level field survey of the APE following standard professional archaeological procedures, which would include, among other standard procedures, transects spaced 15 m or less apart, detailed note taking, and overview photographs; - Prepare a draft Historic Properties Survey Report, with the associated Archaeological Survey Report, to document the findings of the procedures outlined above, identify known and potential historic properties within or adjacent to the APE, evaluate their integrity and historical significance under criteria for the National Register of Historic Places (to the extent possible), and recommend subsequent courses of actions regarding such resources, if necessary; - Respond to comments, incorporate feasible changes, and produce the required final reports. - Prepare the necessary APE map and for use in the ASR. (Deliverables: One (1) electronic copy and (1) hard copy of the APE Map, Historical Properties Survey Report, and Archaeological Survey Report). • Biological Resources Analysis — It is anticipated that a Natural Environmental Study (NES) will be the appropriate document to prepare for Caltrans District 8. In preparing the NES, the following activities are anticipated: - Preliminary office investigations will include various biological database searches, including a search of the California Natural Diversity Database (CNDDB), the California Native Plant Society's Electronic Inventory, and the California Wildlife Habitat Relationships database; - A formal list of special-status species with potential to occur in the area will be requested from the U.S. Fish and Wildlife Service (USFWS) to develop a comprehensive list of special-status species to be evaluated in the NES-MI; - Biologists will consult with regulatory agencies and recognized experts with the California Department of Fish and Game (CDFG) and the USFWS, as appropriate, during preparation of the NES; - Biologists will identify the location, composition and extent of sensitive plant communities (such as wetland vegetation), the areas that may support noxious weeds, and the significant wildlife habitats shown within the Area of Potential Effects (APE). This subtask includes one comprehensive site assessment to sufficiently characterize the special-status plant and animal species that have the potential to occur within the APE, to map all vegetation communities present, and to assess these vegetation communities, and the habitats contained therein, for the potential to support special-status plant and animal species. During the site assessment, Consultant shall identify all potential jurisdictional waters of the U.S. that could be impacted by the proposed projects and determine whether a Wetland Delineation Report is warranted. Consultant shall also identify migratory bird nesting habitat, including ground-nesting birds within the APE; Exhibit"A" Page 4 of 11 727272.1 EXHIBIT "A" SCOPE OF SERVICES - The habitat assessment described above will determine if protocol-level surveys are warranted; - If necessary, appropriate reduction measures for inclusion in the NES will be prepared. These strategies may include recommended best management practices (BMPs), construction timing, or limiting ground disturbance in specific areas; - The results of the research and field surveys in the NES, according to Caltrans guidelines. Locations of significant biological resources, including observations of special-status species and critical habitat will be identified on an appropriate base map will summarized into a final NES report. The effects of the proposed project on biological resources will be determined, with mitigation options, if necessary, briefly described under this task (Deliverables: NES Report). • Prelimina Hazardous Materials Analysis — A preliminary hazardous materials investigations for the project site will be performed, including the following activities: - A review of the existing environmental documents provided; - A review of publicly available and practically reviewable standard local, state or tribal and federal environmental record sources; - A review of publicly available and practically reviewable standard historical sources, including aerial photographs and topographic maps; - A reconnaissance of the study area and observation of adjoining properties; - Interviews with persons knowledgeable about land uses within the proposed alignment; - Preparation of a report summarizing findings, opinions and conclusions (Deliverables: Preliminary Hazardous Materials Report). • Draft/Final Initial Study Assessment ISA — It is anticipated that upon completion of these activities, a Caltrans Initial Site Assessment (ISA) checklist will be completed, summarizing potential environmental concerns within the project study area. Consultant shall review the Draft ISA report and submit it to Caltrans for review. The Draft ISA will be revised as necessary based upon Caltrans' comments to produce a Final ISA. (Deliverables: Review of the Draft and Final Phase I Initial Site Assessment). Exhibit"A" Page 5 of 11 7272721 EXHIBIT "A" SCOPE OF SERVICES Administrative Draft IS/MND — Upon completion of the technical analysis, Consultant shall prepare an Administrative Draft Initial Study/Mitigated Negative Declaration (Admin Draft IS/MND) in conformance with CEQA Guidelines. The Admin Draft IS/MND will contain all required components of an IS/MND and will address on-site and off-site impacts of the project, although the technical analysis will be focused as described above. The Admin Draft IS/MND will be delivered to the City for review and comment prior to public release of the Draft IS/MND. The major sections and areas of concern to be addressed are outlined below. • Introduction —This brief introductory section will discuss the legal authority for preparing the IS/MND under CEQA and the City's environmental review requirements. This section will also include a brief overview of the project history and local context, and will describe the public participation process and scoping process as appropriate. • Project Description — The project description will describe all aspects of project design, construction and operation as required by CEQA. The project description will include text, graphics, and tables, as appropriate. The Consultant shall also write the purpose and need for the proposed project. • Initial Study Checklist — This is the main chapter of the IS/MND, and will include separate sections for each environmental resource topic area, which incorporates information from the technical studies. This chapter will be formatted so that the impact statements and corresponding mitigation measures will stand out from the text for clarity and easy reference. Consultant shall write all of the required sections of the IS/MND identified in the Initial Study Checklist. Findings will be made as to the level of significance of each impact after mitigation. The topic areas examined in the Initial Study Checklist include: • Aesthetics • Agricultural Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Hazards &Hazardous Materials • Hydrology and Water Quality • Land Use/Planning • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation and Traffic • Utilities and Service Systems • Mandatory Findings of Significance Deliverables: One (1) hard copy and one (1) electronic copy of Administrative Draft IS/MND for review by the City; three (3) hard copies for review by Caltrans. Draft IS/MND — After the Admin Draft IS/MND is reviewed by the City, Consultant shall prepare the Draft MND for the 30-day public review period. Consultant shall coordinate with City staff to ensure that the sections are formatted for ease of use. Consultant shall circulate the Draft IS/MND and post the Notice of Intent and the Notice of Completion. Exhibit"A" Page 6 of 11 727272.1 EXHIBIT "A" SCOPE OF SERVICES Deliverables: • NOI: One (1) hard copy of the Notice of Intent posted with the Riverside County Clerk- Recorder. One (1) electronic copy of the NOI with receipt stamp from the Riverside County Clerk-Recorder will be provided to the City for their records. • NOC: One (1) hard copy of the Notice of Completion posted with the State Clearinghouse. One (1) electronic copy of the NOC with receipt stamp from the State Clearinghouse will be provided to the City for their records. • Draft IS/MND: Twenty (20) electronic copies on compact disc (CD) and 20 hard copies of the Draft IS/MND (five [5] electronic copies and five [5] hard copies for the City of Palm Springs, and 15 electronic and 15 hard copies for the State Clearinghouse). Final IS/MND — At the conclusion of the 30-day public review period, Consultant shall review the comment letters received on the Draft IS/MND and coordinate with City staff to discuss the responses. Assuming a maximum of 10 comment letters from individuals and agencies, Consultant shall then prepare draft responses to comments. Additionally, Consultant shall prepare a Mitigation Monitoring and Reporting Program to be included in the Final IS/MND. Upon completion, an electronic copy of the Administrative Final IS/MND, including the MMRP, will be submitted to the City for review. Based on the comments received from staff, final revisions to the document will be made and Consultant shall produce the Final IS/MND. After the adoption of the IS/MND, Consultant shall file the Notice of Determination (NOD) with the State Clearinghouse and the Riverside County Clerk-Recorder. The filing fee for the County Recorder to file the NOD for the IS/MND shall be paid by the Consultant. Deliverables: Fifteen (15) hard copies and one (1) electronic coy of the Final IS/MND for the City of Palm Springs, one [1]hard copy of the NOD for the State Clearinghouse, and one hard copy of the NOD for the Riverside County Clerk-Recorder). Categorical Exclusion — Upon completion of the technical analysis and approval by Caltrans, if the determination that the project would have no significant impacts on the environment is supported, Consultant shall coordinate with Caltrans for the completion and signature of a Categorical Exclusion form, which will serve as the NEPA documentation for the project. (Deliverables: One (1) PDF copy of the signed Categorical Exclusion form to Public Works) Phase 2— Engineering Design (Plans, Specifications and Estimates) Task 2.1 Utility Coordination — Consultant shall 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; • As potential conflicts are identified throughout the design phase, coordinate with the affected utility agencies until the conflict is resolved; Exhibit"A" Page 7 of 11 727272.1 EXHIBIT "A" SCOPE OF SERVICES • Provide notification letters with copies of the plans will be sent, via return certified receipt, to the affected utility agencies at the 80% complete, 100% complete and final stages. Task 2.2 Utility Potholing — Once specific conflicts have been identified, Consultant shall prepare a Utility Pothole plan that locates where utility potholes are to be completed. The Utility Pothole plan will be reviewed with the City for approval prior to starting any utility potholing activities. Once an approved Utility Pothole plan has been completed, Consultant shall coordinate with Saf-r-Dig to complete the utility potholes identified on the Utility Pothole plan. Consultant shall follow-up the utility pothole activities with a survey of the utility potholes to vertically and horizontally locate each of the potholed utility. This information will be shown on the final plans and will be used to design the final storm drain alignment. Affected utilities will be provided the final Utility Pothole plans for use in relocating their affected utility. This scope of work includes ten (10) utility potholes. Additional potholes will be completed for an additional fee of $750 per pothole, at the option of the City pursuant to an amendment to this agreement. Task 2.3 Geotechnical Investigation — Consultant shall coordinate with Diaz Yourman and Associates (DYA) to complete up to six (6) borings approximately six (6) feet deep along the proposed alignment of Storm Drain Line 9. The material taken from the borings will be lab evaluated to determine the Sand Equivalence of the material. This information will be submitted to Riverside County Flood Control & Water Conservation District (RCFC) for review and approval as possible backfill material for Storm Drain Line 9 improvements. Task 2.4 Water Surface Profile Gradient (WSPG) Study — Utilizing Civil Design software, Consultant shall develop a WSPG model of the storm drain system to confirm that the hydraulic grade lines does not fall above the existing roadway surface and catch basin inlet elevations. This information will be prepared in final report format and submitted for review to the City and RCFC with the PS&E documents. The WSPG will be adjusted, as necessary, to match the storm drain system vertical and horizontal alignments until the alignment is approved by RCFC. Task 2.5 Plans, Specifications and Estimates (PS&E's) — Consultant shall prepare clear, concise and accurate PS&E's of the proposed roadway and storm drain improvements. In general, the PS&E's will conform to the City of Palm Spring's standards and practices. Task 2.5.1 Plans— Consultant shall design and prepare construction plans that will be required for the proposed roadway, storm drain improvement, and on-site Agua Caliente Cultural Museum parking lot and drainage improvements. Consultant shall prepare the following plan sheets: Exhibit"A" Page 8 of 11 727272.1 EXHIBIT "A" SCOPE OF SERVICES Description No. of Sheets • Title Sheet 1 • General Note Sheet 1 • Detail Sheets 2 • Roadway Improvement Plan and Profile Sheets 2 • Storm Drain Plan and Profile Sheets 4 • On-Site Parking Lot/Drainage Plan 1 • Striping and Signing Plan Sheet 1 Total Sheets 12 Plans will be submitted to the City and affected utilities for review at the 80% complete, 100% complete stage and final screen check stage. Consultant shall submit four (4) sets of blueprints with each submittal, along with the previous red-lined check prints. Comments received from the City will be incorporated into the plans. Final plans will be submitted to the City on Mylar, wet stamped by the Project Engineer. Task 2.5.2 Technical Specifications— Consultant shall prepare the following documents for this project: • Detailed Project Description • 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, 100% complete stage and final screen check stage. 2.5.3 Estimates — Consultant shall 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 2.6 Additional Site Visit (2) — Consultant shall complete the following site visits during this phase of this project: Exhibit"A" Page 9 of 11 727272.1 EXHIBIT "A" SCOPE OF SERVICES • First Site Visit — The first site visit will be conducted prior to the submittal of the 80% complete PS&E's to the City. The purpose of the site visit is to check field conditions with information shown on the plans. • Second Site Visit — The second site visit will be complete 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 2.7 Local Assistance Support Services — Consultant shall provide the necessary support services to the City required to receive an Authorization to Proceed (E-76) prior to advertisement, including, but not limited to, the following activities: • Conduct Field Review (if necessary), prepare Field Review Form and submit to State; • Prepare PS&E Certification Checklist/Form; • Prepare and submit to State for approval Right-of-Way/Utility Clearance Certifications; • Prepare and submit to State Local Agency Construction Administration Certification (must receive an Authorization to Proceed (E-76) form from the State prior to project advertisement.). Upon award of contract, Consultant shall prepare a Detailed Estimated, Finance Letter (on City Letter Head), Award Checklist and Report of DBE Awards for submittal to the City and State. Task 2.8 RCFC Coordination — Consultant shall coordinate, as necessary, with Riverside County Flood Control District and Water Conservation District, to obtain the approval of the design and construction documents for the proposed Storm Drain Line 9 improvements, including preparation of plans to be submitted to the RCFC for review and approval on RCFC title block. Separate mylar of the proposed Storm Drain Line 9 improvements will be submitted to the RCFC for signature upon approval of the plans by RCFC and the City of Palm Springs. Task 2.9 Bid Support — Consultant shall 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 questions by bidders, and attendance at the City Council meeting to award the contract to address questions by Council Members. Task 2.10 Construction Support — Consultant shall assist the City during construction phase by providing the following services: • Consultant shall assist the City during the construction phase by addressing questions regarding the plans and specifications through written responses to RFI's and responding to Contractor's request for clarifications. • Consultant shall prepare record drawings for the City and RCFC for Storm Drain Line 9 improvements based on redlines provided by the Contractor. Exhibit"A" Page 10 of 11 727272A EXHIBIT "A" SCOPE OF SERVICES Phase 3— Right-of-Way Services Task 3.1 Acquisition Document — Consultant shall prepare a complete set of acquisition documents (legal description/ plat map) for proposed right of way acquisition/temporary construction easement. Task 3.2 Right-of-Way Coordination — Consultant shall coordinate with Caltrans, the BIA and the Tribe on all right-of-way issues pertaining to this project, including the acquisition of necessary right-of-way required to complete the project. Phase 4 -- Construction Administration (Optional) — This task may be added at the discretion of the City, pursuant to an amendment to this Agreement. END OF EXHIBIT "A" Exhibit"A" Page 11 of 11 727272,1 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 governing 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 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 Exhibit"B" Page 1 of 8 7272721 EXHIBIT "B" SPECIAL REQUIREMENTS 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: 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 consultant/engineer 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 an Underutilized DBE goal for this Agreement of 1.25%. 1. TERMS AS USED IN THIS DOCUMENT • 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). • The term "Underutilized Disadvantaged Business Enterprise" or "UDBE." DBE classes that have been determined in the 2007 Caltrans Disparity Study to have a statistically significant disparity in their utilization in previously awarded transportation contracts. UDBEs include: African Americans, Native Americans, Asian-Pacific Americans, and Women. • The term "Agreement" also means "Contract." • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65. • The term "Department" means the "California Department of Transportation" or"Caltrans" 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 Exhibit"B" Page 2 of 8 727272.1 EXHIBIT "B" SPECIAL REQUIREMENTS subject of this 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 UDBE AND DBE INFORMATION A "Local Agency Proposer UDBE Commitment (Consultant Contract)" (Exhibit 10-01) form is included with required contract forms in Exhibit "G". The Consultant warrants that it has either met the UDBE goal, or has demonstrated good faith efforts to meet the goal established for the contract. Only UDBE participation will be counted towards the contract goal; however, all DBE participation shall be collected and reported. Consultant shall submit a completed Exhibit 10- 01 form to City prior to commencing work. A "Local Agency Proposer DBE Information (Consultant Contract)" (Exhibit 10-02) form is included with required contract forms in Exhibit "G". The purpose of the form is to collect data required under 49 CFR 26. For contracts with UDBE goals, this form collects DBE participation by DBEs owned by Hispanic American and Subcontinent Asian Americans males (persons whose origin are from India, Pakistan, Bangladesh, Bhutan, Maldives Islands, Nepal or Sri Lanka). 4. DBE PARTICIPATION GENERAL INFORMATION It is the Consultant'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 UDBE firm not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following: 1. The firm is a UDBE and will meet the goal by performing work with its own forces. 2. The firm will meet the goal through work performed by UDBE subcontractors, suppliers or trucking companies. 3. The firm, 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 Exhibit"B" Page 3 of 8 727272.1 EXHIBIT "B" SPECIAL REQUIREMENTS 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 firm 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 firm acting as the prime consultant 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 database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. Firms may call (916) 440-0539 for web or download 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 D. 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 at: http://caltrans-opac.ca.gov/publicat.htm 6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS DBE CREDIT, AND IF A DBE IS ALSO A UDBE, PURCHASES WILL COUNT TOWARDS THE UDBE 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 Exhibit"B" Page 4 of 8 727272.1 EXHIBIT "B" SPECIAL REQUIREMENTS 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. 7. STANDARD AGREEMENT FOR SUBCONTRACTOR/DBE PARTICIPATION 1. Subcontractors A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the City and any subcontractors, and no subcontract shall relieve the Consultant of his/her responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant's obligation to pay its subcontractors is an independent obligation from the Agency's obligation to make payments to the Consultant. B. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. C. Consultant shall pay its subcontractors within ten (10) calendar days from receipt of each payment made to the Consultant by the Agency. D. Any substitution of subcontractors must be approved in writing by the Agency's Contract Manager in advance of assigning work to a substitute subcontractor. 2. Disadvantaged Business Enterprise (DBE) Participation A. This Agreement is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." Firms who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. If the contract has an underutilized DBE (UDBE) goal, the Consultant must meet the UDBE goal by committing UDBE participation or document a good faith effort to meet the goal. If a UDBE subconsultant is unable to perform, the Consultant must make a good faith effort to replace him/her with another UDBE subconsultant, if the goal is not otherwise met. A UDBE Exhibit"B" Page 5 of 8 727272.1 EXHIBIT "B" SPECIAL REQUIREMENTS is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: African Americans, Native Americans, Asian-Pacific Americans, or Women. C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The Consultant, sub-recipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 3. Performance of DBE Consultant and other DBE Subconsultants/Suppliers A. A DBE performs a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing; and other relevant factors. B. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. C. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function. 4. Prompt Payment of Funds Withheld to Subcontractors A. No retainage will be held by the City from progress payments due the prime Consultant. Any retainage held by the prime Consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the City's prior written approval. Any violation of this provision shall subject Exhibit"B" Page 6 of 8 7z7z7?.i EXHIBIT "B" SPECIAL REQUIREMENTS the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultant and subconsultants. B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 5. DBE Records A. The Consultant shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. B. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subcontractors," CEM-2402F (Exhibit 17-F, Chapter 17, of the LAPM), certified correct by the Consultant or the Consultant's authorized representative and shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25% of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory "Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors" is submitted to the Contract Manager. C. Prior to the fifteenth of each month, the Consultant shall submit documentation to the Agency's Contract Manager showing the amount paid to DBE trucking companies. The Consultant shall also obtain and submit documentation to the Agency's Contract Manager showing the amount paid by DBE trucking companies to all firms, including owner- operators, for the leasing of trucks. If the DBE leases trucks from a non-DBE, the Consultant may count only the fee or commission the DBE receives as a result of the lease arrangement. 6. DBE Certification and Decertification Status If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify the Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant Exhibit"B" Page 7 of 8 727272.1 EXHIBIT "B" SPECIAL REQUIREMENTS shall notify the Consultant in writing with the date of certification. Any changes should be reported to the City's Contract Manager within 30 days Materials or supplies purchased from DBEs will count towards DBE credit, and if a DBE is also a UDBE, purchases will count towards the UDBE goal under the following conditions: A. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the cost of the materials or supplies will count toward the DBE participation. 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 % of the cost of the materials or supplies toward DBE goals. A 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 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 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 regular dealers within the meaning of this section. 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. END OF EXHIBIT "B" Exhibit"B" Page 8 of 8 7z7z7z.i EXHIBIT "C" CITY'S REQUEST FOR PROPOSALS CITY'S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE 7272721 CITY OF PALM SPRINGS, CA NOTICE INVITING PROPOSALS FOR RFP #05-11 AGUA CALIENTE CULTURAL MUSEUM ROAD AND DRAINAGE IMPROVEMENTS CITY PROJECT NO. 09-04 FEDERAL AID PROJECT NO. PLHDL06-5282 (032) & HPLUL-5282 (033) NOTICE IS HEREBY GIVEN that the City of Palm Springs is soliciting proposals from qualified firms to provide required professional services (including environmental services) to prepare plans, specifications and estimates ("PS&E"), and turn-key construction inspection and administration services for implementing the Project. The Project generally consists of the construction of certain street and storm drainage improvements in Hermosa Drive. City Project 09-04 is made possible by Public Lands Highways Discretionary ("PLHD") Program and SAFETEA-LU DEMO funding being coordinated through the California Department of Transportation, Federal Project No. PLHDL06-5282 (032) & HPLUL-5282 (033). PROJECT LOCATION: Hermosa Drive, from Tahquitz Canyon Way to Baristo Channel. SCOPE OF SERVICES: 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; and turn-key construction inspection and administration. The Project will be divided into the following three phases: Phase One: Environmental Approval & Project Development Phase Two: Engineering Design (Plans, Specifications and Estimates [PS&E]) Phase Three: Construction Administration DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS: As this project is funded in part by the U.S. Department of Transportation (DOT), the selected firm's final contract is subject to applicable provisions of the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan as it relates to local agencies. The DBE Program Plan is based on U.S. Department of Transportation (DOT), 49 CFR, Part 26 requirements. 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 DOT-assisted contracts. OBTAINING RFP DOCUMENTS AND ADDENDA: The RFP document may be downloaded via the internet at www.paimspringsca.gov (go to Departments, Procurement, Open Bids & Proposals), or by calling the Office of Procurement and Contracting at (760) 322-8373. Upon downloading the RFP via the internet, contact Cheryl Martin, Procurement Specialist I, via email at Cheryl.Martin@paimspringsca.gov to register as a firm interested in this project. Failure to register may result in not receiving addenda to the RFP. EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City. RFP##05-11 Page 1 of 13 DEADLINE: All proposals must be received in the Procurement and Contracting Office, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME, THURSDAY, OCTOBER 21, 2010. The receiving time in the Procurement Office will be the governing time for acceptability of Proposals. Telegraphic and telephonic Proposals will not be accepted. Reference the RFP document for additional dates and deadlines. Late proposals will not be accepted and shall be returned unopened. Marcus L. Fuller, P.E., P.L.S. Assistant Director of Public Works/ Assistant City Engineer September 9, 2010 RFP#05-11 Page 2 of 13 CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS (RFP)#05-11 AGUA CALIENTE CULTURAL MUSEUM ROAD AND DRAINAGE IMPROVEMENTS CITY PROJECT NO. 09-04 FEDERAL AID PROJECT NO. PLHDL06-5282 (032) & HPLUL-5282 (033) Requests for Proposals (RFP #05-11), for professional services related to the Agua Caliente Cultural Museum Road and Drainage Improvements (City Project #09-04) 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, until 3:00 P.M. LOCAL TIME, THURSDAY, OCTOBER 21, 2010. It is the responsibility of the respondent to see that any submittal 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 submittals. Telegraphic, telephonic, faxed or emailed RFP submittals will not be accepted. Late RFP submittals 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 submittal 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 environmental and civil engineering design services related to the Agua Caliente Cultural Museum Road and Drainage Improvements (City Project#09-04), Federal Aid Project No. PLHDL06-5282 (032) & HPLUL-5282 (033) (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"), and turn-key construction inspection and administration services for implementing the Project. The Project is made possible by funding through two federal earmark grants awarded specifically to the Agua Caliente Cultural Museum ("ACCM"), a 501(c)(3) not-for-profit organization interpreting the history and culture of the Agua Caliente Band of Cahuilla Indians and other Cahuilla peoples. The ACCM was successful in obtaining Congressional approval of a Public Lands Highways Discretionary ("PLHD") Program earmark to develop and enhance public access to the new Agua Caliente Cultural Museum to be constructed at the southeast corner of Tahquitz Canyon Way and Hermosa Drive (2006 PLHD Earmark #3677, HR 3058, Public Law 109-115). The ACCM was also successful in obtaining Congressional approval of a High Priority Project earmark to develop road and signage improvements to the new Agua Caliente Cultural Museum from the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ("SAFETEA-LU"), (2009 SAFETEA-LU HPPP# 3792 (DEMO ID 716), Public Law 109-59). RFP#05-11 Page 3 of 13 The ACCM requested the City to act on its behalf to receive the federal aid funds awarded to it by Congress for its use. Pursuant to a Memorandum of Understanding between the ACCM and City, the City will receive the federal aid funds and coordinate the project. All federal aid funds programmed on local agency projects are coordinated through the California Department of Transportation ("Caltrans"), and the selected firm will be expected to provide all necessary coordination with Caltrans required to successfully implement the Project through all phases of work. The selected firm will be required to demonstrate adequate experience coordinating federally funded projects through Caltrans — District 8 (San Bernardino/Riverside counties), including the time and personnel commitments required to pursue federal environmental approvals with Caltrans District 8 staff. Staff from the selected firm assigned to work on this Project must have relevant experience with Caltrans District 8, including knowledge of and experience with the Caltrans Local Assistance Procedures Manual and other related guidelines. SCHEDULE: Notice requesting Proposals posted and issued ............................................. September 9, 2010 Deadline for receipt of Questions....................................... Monday, October 11, 2010, 3:00 P.M. Deadline for receipt of Proposals............................... Thursday, October 21, 2010, 3:00 P.M. Short List/ Interviews/Technical & Cost Proposals ............................................to be determined Contract awarded by City Council....................................................................... to be determined 2. BACKGROUND: The Agua Caliente Cultural Museum ("ACCM") has received two federal earmarks related to a new cultural museum to be constructed at the southeast corner of Tahquitz Canyon Way and Hermosa Drive. The ACCM, a 501(c)(3) not-for-profit organization, is unable to directly receive federal aid funds awarded to it by Congress. Federal aid funds distributed to agencies within California are disbursed first to the state's Department of Transportation ("Caltrans"), and subsequently received by the sub-recipient for use as specifically intended. Typically, the sub-recipient is a state or local agency, however, in this case the ACCM is the sub-recipient and is prevented from receiving the federal aid funds directly from Caltrans. Pursuant to a Memorandum of Understanding ("MOU"), the ACCM and City have agreed to allow the City to act on its behalf as the sub-recipient of its federal aid funds, and to coordinate the federal aid project to benefit the new cultural museum. One federal earmark (2006 PLHD Earmark #3677, HR 3058, Public Law 109-115), was originally proposed for "Planning and Engineering of roadway, interpretive signage, drainage, vehicular parking areas, and appurtenant structures and facilities." As indicated in the FY 2005 PLHD Program project application submitted by the ACCM, the Project Purpose and Benefits are: "This project will develop and enhance public access to the new Agua Caliente Cultural Museum (ACCM). A native cultures museum focused on interpreting the history and culture of the Agua Caliente Band of Cahuilla Indians and other Cahuilla and Native peoples, the ACCM will be a place of both local and national significance; a place to teach new generations of the rich cultural history of the region. This project will enhance leased Indian land to create a world- class museum, providing economic development and community enhancement for the City of Palm Springs and the surrounding Southern California area. With these funds we will be able to create road improvements, parking and access necessary for the public to enjoy this facility and its programs." The ACCM originally requested $750,000 in PLHD funds, and was ultimately awarded $630,791 on July 12, 2006. The City successfully obligated these funds on September 30, 2009. RFP#05-11 Page 4 of 13 A second earmark (2009 SAFETEA-LU HPPP# 3792 (DEMO ID 716), Public Law 109-59), was originally proposed for "Road and Signage Improvements, southeast corner of Tahquitz Cannyon Way and Hermosa Drive, Agua Caliente Museum, Palm Springs." Congress awarded approximately $450,000 in DEMO funds to the ACCM. The City successfully obligated these funds on June 15, 2010. The ACCM has received City approval of its new cultural museum to be constructed at the southeast corner of Tahquitz Cannyon Way and Hermosa Drive, however, construction of the new museum has been postponed by the ACCM until full funding for the museum is established. However, non-use of the two federal earmarks would cause the funds to lapse, making them unavailable for the ACCM's use to benefit the future museum. Therefore, in coordination with the ACCM, the City is moving forward to make use of these federal aid funds to benefit the future museum. By formal action by the ACCM Board of Directors, the ACCM has approved the use of these funds for the design and construction of an off-site storm drain system (defined as Palm Springs Line 9 of the Master Plan of Drainage for the Palm Springs Area) extending in Hermosa Drive from the Baristo Channel to Arenas Road, including off-site street improvements in Hermosa Drive, all as necessary to provide flood control protection and a drainage outlet for, and public access to the new museum. Therefore, in collaboration with the ACCM Board of Directors, the final agreed scope of work for this project is identified as: • Hermosa Drive Street Improvements (east half, Tahquitz Canyon Way to Arenas Road; full width, Arenas Road to Baristo Road) • Palm Springs Storm Drain Line 9 Improvements (650± feet of 48" RCP [Q10=85 cfs] — Baristo Channel to Baristo Road; 650± feet of 30" RCP [Q10=45 cfs] — Baristo Road to Arenas Road) • On-Site Parking Lot and Drainage Improvements (construction of parking lot area [exact scope to be determined during PA&ED Phase], and extension of on-site storm drainage improvements for use by the future museum) Palm Springs Storm Drain Line 9 is part of the City's Master Plan of Drainage, administered by the Riverside County Flood Control & Water Conservation District ("RCFC"). Plans for Line 9 will require review and approval by RCFC. The portion of the Master Plan of Drainage showing Line 9 is shown on Figure 1. Special Note: The final agreed scope of work as outlined above may not be consistent with the way the two federal earmarks have been programmed and obligated by Caltrans. The selected consultant will be required to provide all assistance and coordination necessary with Caltrans to ensure the federal funds are appropriately reprogrammed consistent with federal regulations in order to use the funds in the best way possible for future use by the museum. The selected consultant will be required to ensure that the ACCM Board's approval of the use of these funds for design and construction of an off-site storm drain system, including street improvements for Hermosa Drive, and related on-site parking lot improvements for the future museum, are coordinated with Caltrans District 8 staff, and programmed appropriately with Caltrans and the Riverside County Transportation Commission in the Federal Transportation Improvement Program. There have been certain restrictions on the use of both federal earmarks as currently obligated by Caltrans, and the City will require the selected consultant to verify programming requirements for the federal-aid funds, and to coordinate programming changes to ensure the final agreed scope of work for the project is eligible under associated federal guidelines. RFP#05-11 Page 5 of 13 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") has delegated its authority for NEPA to Caltrans. The selected firm will be required to provide professional services necessary to obtain CEQA and NEPA approvals. 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 Caltrans pursuant to federal law. The ACCM previously developed preliminary plans for an on-site and off-site storm drain system to benefit the new museum, which will be made available to the selected consultant for its use in developing the project. Although preliminary plans were previously developed by the ACCM's own consultant, the City's selected consultant will be required to develop its own preliminary plans and to obtain environmental approvals prior to completing final design of this project. 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; and turn-key construction inspection and administration. The Project will be divided into the following three phases: Phase One: Environmental Approval & Project Development (EA&PD) Phase Two: Engineering Design (Plans, Specifications and Estimates [PS&E]) Phase Three: Construction Administration Please refer to Attachment 1 for a General Scope of Work for each phase of the Project. Phase Three services (construction administration) may or may not be included in the final consultant contract recommended for approval by the City Council. Note: The City's budget for the EA&PD and PS&E phases of this project is $100,000. 4. PROPOSAL REQUIREMENTS: Disadvantaged Business Enterprise (DBE) Requirements: 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 10-1), included as Attachment 2 to this RFP. Additionally, firms should review the Caltrans Local Assistance Procedures Manual ("LAPM"), Chapter 10 "Consultant Selection", to be aware of the Caltrans regulations and requirements if being selected for the Project. The City will be utilizing the "One Step RFP" process as identified in RFP#05-11 Page 6 of 13 the Chapter 10 of the LAPM, which is available on the Caltrans website at: http://www.dot.ca.gov/hq/LocaIPrograms/lam/prog_p/p10consu It.pdf. 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 DBE's. • 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 whole 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 DBE's. 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(FFY). 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. For Fiscal Year 2009/2010, the City's total DBE participation level is 2.63%. The race neutral portion is 1.38% and the race conscious portion (UDBE) is 1.25%. Therefore, 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 RFP#05-11 Page 7 of 13 included in the Agreement documents to be executed by the successful firm. A copy of these forms is included as part of the City's standard Professional Services Agreement (see Attachment 5). 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/hq/LocalPrograms/DBE_CRLC.html. General Requirements: 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. Important Note: Firms replying to this RFP must be knowledgeable of the processes and procedures to obtain CEQA/NEPA environmental approvals through Caltrans District 8. In submitting a Proposal, firms must recognize that project delays are expected to occur, and the selected firm will be expected to remain committed to the successful completion of the Project, despite potential delays related to obtaining NEPA environmental approval of the Project through Caltrans District 8. 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. Price is NOT evaluated as part of the evaluation criteria. Cost proposals submitted in separate 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 costs and time requirements. An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all responsive submittals to this RFP. The Evaluation Committee may request formal presentations/interviews from the short listed firms at a future date of which the format and RFP#05-11 Page 8 of 13 presentation evaluation criteria shall be provided at the time of short listing. Participation in any phase of this RFP process, including the interview phase 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 processing projects through Caltrans District 8. 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 processing projects through Caltrans District 8. Note: This evaluation criteria requires that the proposal identify specific experience with federally funded projects coordinated through Caltrans District 8. Relevant experience must be demonstrated. D. Firm Qualifications (15 POINTS): Past experience with projects related to the outlined Scope of Work; experience with federally funded projects, related requirements, and processing projects through Caltrans District 8. E. Project Schedule (10 POINTS): Thoroughness and reasonableness of the project schedule with emphasis on processing requirements through Caltrans District 8; 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 submittals must be in an 8 '/2 X 11 format, may be no more than a total of thirty (30) pages (sheets of paper, double sided), including an organization chart, RFP#05-11 Page 9 of 13 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 30 page limit. Interested firms shall submit EIGHT 8 copies one original plus seven copies) of its submittal by the deadline. All submittals shall be sealed within one package and be clearly marked, "RFP #05-11, REQUESTS FOR PROPOSALS FOR AGUA CALIENTE CULTURAL MUSEUM ROAD AND DRAINAGE IMPROVEMENTS". Submittals not meeting the above criteria may be found to be non-responsive. Within the package shall be included two envelopes, a "Technical Proposal" and a separately sealed "Cost Proposal". Envelope#1, clearly marked "Technical Proposal", shall include the following items: 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 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 processing federally funded projects coordinated by Caltrans District 8 and generally convey an understanding of why Caltrans District 8 is involved and the partnering role the City and Caltrans have with the Project. 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. RFP#05-11 Page 10 of 13 C.2 List specific and relevant experience for the key staff/team members assigned to the Project with federally funded projects coordinated by Caltrans District 8. Detailed project information, including dates project started and completed, federal aid project number, local agency contact information, Caltrans Local Assistance staff 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 federally funded projects coordinated by Caltrans District 8 for other public agencies. 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 E.1 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 necessary to coordinate the Project through Caltrans District 8. 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 January 3, 2011. DEADLINE FOR SUBMISSION OF PROPOSALS: All submittals must be received in the City of Palm Springs, Office of Procurement and Contracting by 3:00 P.M., LOCAL TIME, THURSDAY, OCTOBER 21, 2010. Proof of receipt before the deadline is a City of Palm Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the firms replying to this RFP to see that any submittal sent through the mail, or any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late submittals will be returned to the firm unopened. Submittals shall be clearly marked and identified and must be submitted to: City of Palm Springs 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 submittal. RFP#05-11 Page 11 of 13 A&n r 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, Monday, October 11, 2010. 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, C, D E, and F are intentionally not complete in the attached document; (Exhibit B is completed and includes all appropriate federal regulations to be included in the Agreement). 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 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 OFFEROR: 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 submittal package, etc.), the submittal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, may be made public after the review process has been completed, negotiations have concluded and a recommendation for award has been RFP#05-11 Page 12 of 13 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 SUBMITTAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their submittal 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". SUBMITTAL INFORMALITIES OR DEFECTS: The City of Palm Springs reserves the right to waive any informality or technical defect in an RFP submittal and to accept or reject, in whole or in part, any or all submittals 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 submittal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. SIGNED SUBMITTAL AND EXCEPTIONS: Submission of a signed submittal 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 submittal 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#05-11 Page 13 of 13 Figure 1 Palm Springs Storm Drain Line 9 Hermosa Drive, Arenas Road to Baristo Channel r E 1 - �, ' M � w':daF&�YirPw'•.rs. sa+�r+�w.;.... 'yea, �.� . i . UI Bpi "F -140 N _ ����qqqq •�" rar.rs4Ws �adfdr w., � � rz Y.« '"rm�• » #,�x9MeTd'."�.,�,� e.�%se� ''!F4 8w�, N`9:arN m ,.,. r Cw - 01§ r_ f { a � g RFP#05-11 Figure 1 EXHIBIT "D" CONSULTANT'S PROPOSAL CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE 727272.1 t ?ALh1. 3 0 a° ��'�r ' U 3 I I V 3i i/r ;� 3l �iuryl CITY OF PALM SPRINGS "a PROPOSAL RFP NO, #05-11 FOR LIEtVTE CULTURAL 11/'usEum ROAD AND DRAINAGE IMPROVEMENTS C'rr PR )a ° NO. U9-04 �u FL'DE8ar AID PRvjFc7' No. PLHDL06-5282 (032) IIPLUL-5282 (033) .a 3w I e aa�t { r { sm ac fl i39G � III'. ¢k RAC 6 II "A total on 'ineored solution„ 6 , ��I✓'N{I III � ''� f q@9nllollll;114 ql 140N,Maple Street,Suite 10410, t Coruna,CA 92981 Ott' Phone 9 51-549-8100 Fea 951-549-8102 M(" Desipi Group,law. Maple Centre 1'4) N Maple St„Suite 10-1 Corona,CA 92880 ......... DESIGN G .. . (%1) 1 Fax(r .1)5,19-8102 October 21,2010 City of Palm.Springs Division of Procurement and Contracting. 3200 E.T"ahuitr Canyon Way Paltn Springs,CA 92262. RE Proposal — RFP #0 -lI Agua Culiente Cultural Museum toad and Drainage Improvements, City Project No.09-04,Federal Aid Project No.PI HDIJ)6-52£il(032)&HPLCii-1,5282(033) ATTN: Craig Gladders,C.P.M.,Procurement&Contracting Manager Dear Mr.Gladders: dMC Nsign Group Inc. has assembled a highly skilled and experienced tearn of professional engineers, managers,designers,technicians and coordinators capable of providing cast-effective protbssional engineering and"as-needed" support services required to design and prepare construction documents(plans, specifications and estimates) and construction management services for proposed roadway, storm drain and parking lot improvements to Hermosa Drive(T'allquitz.Canyon Way to the Baristo Channel)in the City of Palm Springs. In the execution of our assignments,l7MC embraces the following principals of value engineering: • Assign a I r(yect Manager and technical sxq)ptart staffthat;rws eve y u rior qualifications directly relevant try the project; • Maintain continuity of our Project 7i?am throughout ut the life of a p ject,- • Develop strictprryectspecific duality control meaxsures and enforce those nwasures throu ,how the Iffie of the project; • Communicate effectively at all levels within our organization, with the C"ity's Project 7 am and with outside reviewing/permitting agencies; • C'ctordinate design disciplines,calculations and anaysis; ■ Conduct thoromgh site investigations to verify ail fold conditions; • Implement a management approach that ert wes the preyed is completed on schedule and within budget. By embracing these principals to projects over the last ten(10)years,l7MC has completed designs and prepared PS&E's for over�.I00 #loll in public improve►ants far agencies in southern California with leas than in contract change order costs. David M.C ospe;r,P.E.will be assigned the Project Manager and Construction Manager responsibilities for this prp cct. He is currently the Principal Engineer for DMC, with over twent e" (27)years of experience in designing;and preparing PS&E's for municipal improvement projects for cities, counties, and special districts throughout southeni California. Mr. Cosper has an extensive background as the Project Manager responsible for the design, preparation of construction documents and construction management of roadway, storm drain and parking lot improvements for numerous public agencies,including the cities of Palm Springs, La Quinta, Moreno Valley, Norco, take Forest,Chino.Hills,Colton, Brawley, :Barstow and Calimesa, and the counties of s�:';z •z++trr,sar,�7c;rrv�r�ns�a; rust�z©t �e�s.sire:z.��ruXa�s, € rtr.:n�:a9rs�,a�r�ca��r�ca�nt:�crm�xs:crrk�.raac- 1 October 2l,2010 Page 2 Riverside, Los Angles and Grange, with an impassive record of successfully identifying and attaining; all project objectives quickly and effectively. Mr. Cosper was the Project Manager for the following, roadway/storm drain improvement projects: • Mesquite Avenue R.oadway/Line 21 and 22 Storm Drain Improvements(Pialm.Springs,CA); • Los Serranos Infrastructure Improvements(Chinn Hills,CA); • Hamnia Avenue Roadway/Line 9_E Sturm Drain Improvements(Norco,CA); • Lake Forest Drive Drainage Improvements(Lake Forest,CA); • Ileacock Street Improvements(Moreno Valley,CA); • Calimesa.Boulevard Corridor Improvements(Calimesa,CA);. • Vista Chitin Road'Sunrise Avenue Intersection Improvements(Palm Springs,CA); • Alessandro Boulevard Street.Improvements(Moreno Valleyb CA), Other key members of our Project Team proposed for this project include: DMC Design C ) �Inc, (Roadw apStorm DrainlParking Lot DesigWP,5& "DocionenislCM ■ Joshua D.Cosper,P.E°., P.I..,.S.—Project Engi:neer(12 years) • Reza lolghadr;P.E.---Ca(trams Liaison Nicer(25 years) • Drank A.Artiga,P.E.,P.L.S.---Sum cy Manager(l 5 years) PAK'World(Environmental Clearance) • Danielle Griffith...---Environmental Team Leader(10 years) Dix Yourman cnrd Associates(DBE Certifyed Tiara -Stour Drain Geotechnical&pporf) • Sonadevan Nitanjan,G.E.,P.E.---Geutechnica9.Manager(9 years) M4-CM(CMi'X5pecrinn Support Services) • Rick Asprl.l...-.-" ttior Public Works Inspector Mr. Cosper will be D.MC's contact person for the remainder of the consultant selection process and will be responsible for signing all contract documents between the City and DMC. Mr. Casper is located at the following;address:. DMC Design Group,Inc. 140 North Maple Street,Suite 104 Corona,C.A 92880 1 le can be contacted at 951-549-8100 Ext.706. We look forward to working with the City of Palm Springs on the design, preparation of PS&E's and construction management of proposed roadway; storm drain and parking lot improvements to the fiern osa. Drive(I'altquitx Canyon Way to Baristo Channel)in the City of Palm Springs. Should you have any questions or concerns regarding DMC's qualifications,dux not hesitate to contact us. Sincerely, DMC Design Group,Inc. David M.Cosper,RE Principal lingir er TABLE OF CONTENTS City Of Palm Springs SECTION A: PRojycr UNDERSTANDING.....................................................4 introduction........."...................."__...................,..,, 4 Proposal: Background.................... ___....... .........* ackground....................................................."........... ","........"...........4 • City Objectives.........................................•...,,.........,....... .. '............. _5 R P�05-11 Technical fssues............................................................................... .S Agua Calienre Cultural Museum Roadll?rainage Improvements Proposed Improvements................... S C''ity Prgject:' o. 09-0 t .............................. VerticalGrade..................................:..........__........,.................... 7 Federul rtirl Project IVn.PLHI)I,lJ 52 .fIPL Idl 5�$2(�33) �'e'rticallflorizontal Alignment of Storm Drain Line 9................. ." Caltraw Local Assistance Procedures............ 8 October 21,2010 SECTION B: SCOPE OF WORK..............—................................................_9 • Work.Plan—...........................................................................................9 Phase I- Environmental ApprovallProjeci Development........ 9 Phase 2.....Engineering Design....—........................................ .l f 1, t-of-Way Services.... ............................. 13 r z�n Administration(Optional)... , . . .. .1.3 SY,M'ON C: TAFF Q ONS__..................................__.............16 w lmrcxfttct ntt 16 KORM llrqlect Ton Alert 16 . ................................... 17 Pr "es ..,.` ...... a . .............................. 1I3 • Re PrtyectLa�peri ce .. a� „� 20 ......20 reef c c i Experience Sunrtnary ifs s , , a? :We.Scluite Avenue ltnprove"Ien Lay Serrano Irrfrast tttujO lm vroments. ......_22 „ ; ; Hamner Avenue Improvenle it, ,.�� ...,... 2.3 4 4, L'tike>Forest Drive Drainage I Clements 24 S. fle-acock 'tr t, m rovements Mt ^, ..........................25 6, afirnc>sa rau v d trtrdrfctr ' oveme is..................26 a. F'sta C.'hino drS'trrerise Ave ection Improvements..27 yFTm fr�)}u3r»tataar .................... .... ..........28 " 1"vretde C� ,0 l0 Corporate Fh, lT L"India .. 28 K • r f atr airs 28 • "Subcon ulr .............. 29 itrc ...................... $1 • Attachment A—Signature Authorization • Attachment B—Debarment and Suspension Certification • Addendum No. I Certification • Addendum No. 2 Certification ... ............. .. 3 DESIGN GR60P AMODr�av _ ..__. 51X710NA: PRc�IEr1 rVDFASTAXDhVG Our Project Team has thoroughly reviewed the City of Palm Spring's Request for Proposals #05-11 -- Aqua Caliente Cultural Museum Road and Drainage Improvements City Project No. 09-04, Federal .Aid Project No. PLFIDL06-5282 (032) & I-IPLUL-5283 (033) for professional services required to obtain environmental clearance, design and prepare construction documents (PS&1 's), and provide turn-key construction inspection and administrative services for the construction of street and drainage improvements to Hermosa Drive in the City of Palm Springs. DMC Design Group, Inc. (D, (:) also thoroughly reviewed Addendum No. 1, issued October 5, 2010, and Addendum No. 2, dated October 11... 2010, and incorporated their requirements and clarifications into this proposal. Members of our Project Team conducted numerous site visits between September 15,2010 and October 20,2010. DAIC'met with the counter staff'of Riverside County Flood Control and Water Conservation District to review existing record plans and available hydraulic data of the Baristo Channel. Finally, specific questions regarding, the proposed project requirements were directed to Mr. Craig Gladders, C.P.M., Procurement & Contracting Manager for the City of Palm Springs Division of Procurement and Contracting. It is our understanding the City intends to construe t they fc r wvly t tr royetrtents: Roadway vemenis Widen the easterly side of Hermosa Drive from Tahquitz Canyon Way g ,Arenas Road(approximately 650 foet); , Extend Hermosa D*from.Arenas Road south to Bar'rsto Road(approkoately 90'feet). arrrr Dr'et�ra Irp�zrr�v,��rrerrts Palm Springs Sibm fain Line from'Barlfto Road to existing drainage improvertt ' at''Baristo Channel (approximately.^1,.31t1 feet). ■ �`ite Inr raveme' l:a On-site parking lot for the Agree Cali Cultural Museum(ACCM),1oCated at the southeasterly quadrant of Tahquitz Canyon Way and He ve t('�act scope;of the pausing lift will be determined during, the tt Project Approval and Ebvir r ental um f,(PA&E )phase; Extension of dn4vte storm drainage imptoverrtetits for use by they A 1,! �itA±�C;Ii9CXh Recently, the.ACCM relived $1,080, 1' in,tt rtd n;fort C M from the following two (2) federal sources: - $630,791 - 2006 Public Lands Highway Discretionar (FLIID rrs M( a crwk #3tS77 IatR 3058, Public Latta 109-115). :. ' - S450,000- 2009 Safe, Accountable,Flexible, Efficient Transportation Equity Act: A Legacy for Users(SAFET A-LU)(IIPPP 4 3792—DEMO ID 716, Public Law I09-59) The ACCM has been approved by the City of Palm Springs for construction; however, the ACCM has delayed construction of the ALCM until all funding, for the ACCM has been acquired. To avoid losing the earmarks outlined above, the City of Palm Springs, in coordination with the ACCM, is moving forward with the design and construction of necessary roadway and drainage improvements to Hermosa. Drive,as previously outlined. The final agreed scope of work.,as outlined above,may not be consistent with the way the two(2)federal earmarks have programmed and obligated by Caltrans. It will be necessary to appropriately reprogram these earmarks through Caltrans District 8 and Riverside County Transportation Commission in the Federal Transportation Program, consistent with federal regulations, specifically for the design and. construction of off site storm drain improvements and associated street improvements to Hermosa Drive and related on-site parking;and drainage improvements for the future museum. s 4 ,RX-17ONA.- PROJU7UNDINST4NDING ChTOWW71P& It is understood the City of Palm Springs is seeking a full-service consulting firm capable of completing the following Scope of Services for this project: • Environmented Documents an(I Techrfical&udies—Environmental clearance pursuant to the California Environmental Quality Act(CEQA)and the National Environmental Policy Act (NEPA) necessary to achieve a Categorical Exclusion(CE)in accordance with CEQA/NEPA, • DesignIPrWq rat"on of Construction Documenis — Design/preparation of accurate and cost-effective project plans, specifications and estimates of proposed roadway, storm drain and parking lot improvements consistent with the requirements and standards of the City of Palm Springs, RCFC and the Federal Highway Administration. • (7onstructi L)n AcInfiW#MLion — Tura-key construction management, inspection and testing services required to construct the proposed roadway, storm drain and parking lot improvements in compliance with the approved PS&E's and within the approved timeline/budget for this project. • Caltrans J)istrici 8 Coordinwion — Coordinate through PA 8 project documents and procedures required to obtain Environmental Clearance for IMS, ' ' t, approval of construction ,,R J;c documents and achieve authorization to receive bids for the prcjecl ro 4*ard a contract. It is further understood that the City will require the consultant to verify. pro grammidg,requirements for the federal- aid funds and to coordinate programrp ehanges to ensure the final agreed scope of work for the project and is eligible under the asspeiguidelines, • RLivemhk,CqunCE &od Control leisr Palm Springs Storm Pritin Line 9 is part of the City's Master Plan of Drainage, a dr'q'Jfqistcred'by the Riverside County Floo ntrol District and Water Conservation I r foction documents Conservation Distxict',, Therefore, it is undo stood the design and con4t prepared for the Palm Springs Stomi,Drain Line 9 improvements will need to be submitted to the RCFC for review and approval. To demonstrate o6r,thorough u'fiderstanding odhe City's requirements for this,projwand our abilities to complete this project on time, within budget, and to the standar4?anticipated by t6City, DAK and its Project Team have identified a number of technical issues ass 0,64ted with the pr*sed project that will require special attention by the llro!W,Team during the design phase of this prqj�ct. The Project Team, with its expert skills. experience and knowledge, will develop viAble and cost "T 'give design solutions V. for each of these issues. Proposed Improvements Based upon our field evaluation of the project site and a thorough review of the Request for Proposals, the following improvements to I lermosa Drive and intersecting streets will be required to meet the full objectives of the ACCM.and the City of Palm"Springs: Roadway 1mVLovennQiIts: General R(vdwqj>Improvements: 1. Widen the easterly side of Hermosa Drive from J'aliquitz Canyon Way south to Arenas Road (approximately 650.feet); 2. Extend Hermosa Drive from Arenas Road south to Baristo Road(approximately 690 feet). ........... 5 0 DEUM dX_W_*5,' &xwoNk f RGt u7. UdvDFjtS 4XD1XG Additional Recommended Roadway Improvements: A. l3aristo Roa( Intersection Remove existing PCC cross gutter on the easterly leg of Baristo Ills Road and Ilermosa Drive and install catch basins to the proposed Storm Drain twine 9; Remove and replace existing curb ramps on the southeasterly and southwesterly corners of the intersection and replace with DA- n compliant curb ramps;Install roadway widening improvements to the northerly side of the westerly leg of Baristo Road. including ADA-compliant curb ramps on the northeasterly and northwesterly corners of the intersection. B, i�r qas caad iat r;s t x a Remove existing. PCC cross gutter on,the s r1yA of Arenas Road and t""lerrnosa Drive <�ntl" Patch basins to the proposed Storm Drain Dine 9; "' w3 a' Remove and replace existing curb ramp and spandrel on the northwesterly corner ofthe intersection; x Install ADA-compliant curb ramps at the northeasterly", southeasterly and southwesterly corners,of the intersection C Install the easterly intersection leg,of Arena Road tq the HC/EC's of the curb ramps (if Arenas road is to be extended fd the cast from Hermosa Street). C, 7cthquicz C an 'fL1 Wajr ..,fntersection Remove and reprice existing PCC ctos "gutter and spandrels on the southerly let;of the intersection: 4 y1M" Remove existing handicap ac' ss r'amps,� the gottirtelt and k southwesterly comers of the intersection and replace with, - compliant curb ramps: (kneraI S'lortn Drain Improvements,, A:, Install approximately 1,3 1 " f , of IRCP storm drain improvements, ranging in size from 48-inch diameter to 30-inch diameter,fromAtenas Road south to the Baristo Channel. Additional Recommended Storm Drain Anprorements. A. Install new catch basins and laterals at the intersection of Arens Road and Hermosa Thrive, B. Install new catch basins and laterals at the intersection of Baristo w' Road and Hermosa Drive; C. Install additional in-line catch basins on both sides of Hermosa ' Drive between Baristo Road and Tiffany Circle; D. Remove existing large catch basins on both sides of Hermosa Drive at Tiffany Circle and replace with smaller catch basins, and install new driveway improvements to both sides of Hermosa Drive at. Tiffany Circle. DESIGN G _ SAC,,,ri NA: PR<yPf,'7'UNDEwjttA' iAG Sijp.lm rovemcnts Creneral,site Improvements 1. The can-site parking lot for the AC.CM, located at the southeasterly quadrant of Tahquitz Canyon Way and Hermosa Drive (exact scope of the parking lot will be determined during the Project Approval and Environmental Document(PA&ED)phase; 2. Extension of can-site storm drainage improvements for use by the ALCM, The recommendations outlined above are very preliminary and subject to design and funding limitations. However, it appears that if these improvements are installed, the floe, of traffic along Hermosa Drive and its intersecting streets would be greatly enhancers. Vertical Grade The vertical grade difference between the AC surface of the intersection of Hermosa Drive/Baristo Road and the grouted i►n►nediately adjacent to the northerly side of Baristo Road is r ati rately four(4) The vertical profile of Hermosa Drive l tw`eeu Arcuas Road and Baristo Road will require a four(4) foot drop in elevation to match the existing grades of the AC surface at the intersection of Hermosa Drive and Baristo Road. DMC:" will gather sufficient topographic surveys along this portion of Hermosa Drive to allow the evaluation of several vertical alignment alternatives and to identify potential impacts each alignments may have, such as: • The location of the cut grades in relatl6n to the drain link fencing approximately twelve (12) feet. high along the easterly side of Hermosa Drive; • The proper location of vertical curves:to provide safe travel along Herrrmosa; ri4and the elimination of a"roller coaster"ride on this segment of Hermosa Drive; • The eliminat'ionlreduction' f excess cuts or fills,reducing pro�lect costs. DMC effectively this apptgac tt) design the most',appropriate vertical align t for the Heacock Street Improvement' jest for the City Moreno Valley and the Hamner avenue Itriprovement Project for the City of Norco. Vertical/Horiznntat A' " nt of Storm'Di*-one 9 The vertical and horizontal` li pent of Storm btain line 9 should be estaWhW very early in the storm. drain design effort to ensure XCF6 minimum design standards are maintained, including a minimum drain slope of 0.003. Based liar„rec'erft project.experience ° lt RCFC storm drain facilities, this is best achieved by completing the following tasks; • An initial design coordination meeting with RCFC: staff to confirm design requirements, review process and to establish a"go--to person"at RCFC; • Acquisition of all record information on existing storm drain facilities from RCFC and the City of Palm Springs, specifically the invert elevation of the existing storm drain system at the proposed tie- in point at Tiffany Circle and Hermosa Drive; • Acquisition and plotting of all accurate utility information of utilities that will be affected by the improvements, including water (Desert Water Agency), sewer (City of Palms Springs) and gather dry utilities within the project segment of Storm. Drain line 9. This will require identification of affected utilities and a thorough coordination effort with these utilities to identify, accurately map potential conflicts and notify the affected utilities of potential conflicts. This effort may require a utility pothole effort to confirm actual utility locations at potential conflicts. Duce all conflicts have been confirmed,coordinate relocation efforts until all conflicts have been resolved; �t ..............,,,,.,. .µ _ _.... 51X-770NA.- PROAMND�ASTIVDING • Utilizing design flow rates proposed for Storm Drain 9, develop an accurate Water Surface Profile Gradient(WSPG) model of the storm drain systems that meets RCFC requirements. The model will be used to locate appropriate storm drain transitions and catch basin locations, while maintaining the storm drains hydraulic gradient at acceptable levels to meet minimum RCFC design standards. This information will be submitted to RCFC with plans to support the proposed vertical and horizontal alignment of Storm Drain 9; • Continuous coordination meetings with RCFC throughout the design and plan preparation stages. DUC effectively used this approach to design the vertical and horizontal alignment and obtain RCFC approval for the following RCFC facilities • Storm Drain Line 21 in Palm Springs; 0 Storm. Drain Line 22 in Palm Springs; . Line E-3 Extension in Norco. This approach was effectively used to complete the design and obtain approval from the City of Chino Hills for the Los Serranos Neighborhood Infrastructure lmprovenient Project for approximately 10,000 linear feet of storm drain improvements, Callrans Local A-vvistanceProc�dqres It is understood that certain restrictions aton the use of both fWeral car ' ks for this project, as currently obligated by Caltratis. the Cly ill require the selected consultant irAprify programming requirements for the federal-aid Ainds aA&4o*',oOinatv proomming changes to the final agreed W scope of work for the project is eligible under eral,guidelines.,Td en that this effort is intends to t4ili e)�pericnce and completed very tiaoj in the LA&PI) t ct4,Abft skills of Mr, R 0 leci to complete this''task' or Zolghadr is a ,*'lghad4 6, � 1 O ol licensed Civil Ehgocer in the r 0.' i �a s,ante of'W' ifo' aInd has a Bachelor of Science "ec from Nevada State University, keno. Since retiring fri)m tfif City of Corona Public Work Dep",`nent as a Senior Engineer responsible for most of the City transportation related capital improymot projects, Mr. Zolghadr has been,the responsible 'Project Manager for numerous transportation iftiprovement projects involving federal i4Wjng including interchanges, bridges, street widening and rehabilitation, traffic signals, utility relocation, storm drains and water/sewer main improvements. In addition to confinning the final project scope for this project, Mr. Zolghadr will directly oversee and coordinate DMC's efforts to obtain project environmental clearance' Ocsign/construction document approval and obtain any the necessary authorizations from the State. inch Ang the following activities: • Conduct a preliminary investigation and complete the Preliminary Environmental Studies Form (PES); • Conduct necessary required technical studies and prepare technical reports1NEPA Documents and submit to State for approva I; • Conduct a Field Review(if necessary),prepare Field Review Form and submit to State; • Prepare PS&E Certification Checklist/Form, • Prepare and submit to State for approval Right-of-AlaylUtility Clearance Certifications; • Prepare and submit to State Local Agency Construction Administration Certification (must receive an Authorization to Proceed(E-76)form from the State prior to project advertisement,); • After award of the project, prepare and submit to State for approval a Detailed Estimate, Finance Letter, Award Checklist and Report on DBE Awards. r,(j_M bur e_merit I o Lh e(:'it,fo i°c )n c( Is incurre� )t tilled oroy correctl _2onsiructi( if it is n( a ma! Based upon our current understanding of the project,DMC anticipates the project will be completed in the following four(4)phases: • Phase 1- Environmental Approval and Project Development • Phase 2-Engineering:Design(Plans,Specifications and Estimates) • Phase 3--Right-of-Way Services • Phase 4•-Construction Administration(Optional) Phase 1-i''ttviromnentat Approval and Project Developffwnt Task 1.01 Project Research- VAIC" will research all available City, utility company and other agency and. developer records,as necessary,to secure all relevant information required to identify,locate and accurately lay out all improvements,utilities and dements,centerlines,right-of-way limits and private property lines. Task 1.02 Initial Site Visit-- Existing conditions and supporting, improvements, such as pavement surface areas, curb, gutter, sidewalks and driveways, access ramps, fences, structures and existing?, landscaping/irrigation system improvements will be inventoried withttt~ 1te.ptpj . :e-Pfct ilk will be taken of the entire project area to confirm existing conditions. 9�V Task 1.03 Project Scope 44 kC pliance ry'.,D C"` will meet with the rl date ACCM, City of Palm Springs and Caltxans l at af` x rart o)�ials to d achs a approv#,of i anttrting requirements for the federal aid funds obfi d to tft ro t slim pxi" in uclt to ensure the final agreed scope of work for the project is eligible and '' fate l ptfidetin k Task 1.04 Topographic Survey - D.11C will coordinate with 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,;overfteatl and undetyround utilities, curb, gutters, ramps, medians and driveways. DMC"will. establish one. (1)temporary bench mark at or near the intersection of Vista Chino Road and Farrell Drive for use during construction'. Task 1.0 Base Flap Development —Utilizing research documents and field purvey data, ,PAIC" will develop a. project area base map'ofthe intersection at a scale of F,.-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. Task 1.06 Initial Utility Coordination DC 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 tevim will be conducted to locate and verifyall surfa t . enc ofexistiugl sub-surface and overhead installations with its o",thia p oject. .ill wi fy,'blurt, ,obtainedfrom its research effort and field reviews will be plotted t Map, AK,will initiate the ilofirncnt of a Utility Log of all future correspondence with the affected utilat Task 1.07 Environmental Clearance Support Services - DUC, through. PM P World (PAIC), will,complete the following environmental clearance activities necessary to obtain a finding of Categorical Exemption and CEQAlNEPA environmental clearance for the project through Caltrans Local Assistance: Tank 1,07.01 Project Initiation ,. Prepare a detailed project description, including identification of" the project footprint and timing of construction, and an Area of Potential Effects (APE) Map for potential environmental impacts that will accompany the PES. Mr. Golghadr will coordinate with Caltrans as necessary the review and approval of the APE Map. Task 1.07.02 Preliminary Errvironrnental S"turfy - Coordinate, attend and facilitate a field review meeting, with Caltrans and conduct preliminary research to complete a Preliminary Environmental Studies(PES) Form consistent with the Caltrans' Local Assistance Procedures Manual. Mr.Zoighadr will coordinate with Caltrans as necessary the review and approval of the PES Form. SE(710VB S('OPFOFWORK Task 1.0703 Technical Studies—Prepare the following technical reports: • At-DgWiW JWM — The federal Clean Air Act (CAA) establishes federal air quality standards, known as national ambient air quality standards(NAAQS),and specifies future dates for achieving compliance. The CAA mandates that the state submit and implement a State Implementation Plan (SIP) for areas not meeting these standards (nonattainment areas). The primary air quality issue surrounding the proposed read and drainage improvement activities from the Baristo Channel to Arenas Road would be the consistency of these improvements with both the 2007 Air Quality Management Plan (for ozone attainment)and Coachella Valley PM to State implementation Plan. For example,40 CFR Part 51 and Part 93(Final Rule effective November 24, 1993)requires that federally supported activities must conform to the SIP,whose purpose is that of attairing and maintaining the NAAQS, Due to the nature of the proposed project it is not anticipated that the limited road and drainage improvement activities would result in inconsistencies with the SIP. In order to demonstrate conformity,the report will show that the project will not result in any new violations of the NAAQS, will not impede or delay attainment of ozone and particulate matter standards, for which the Palm Springs region is designated nonattainment,and will not increase the severity or frequency of existing NAAQS violations in the area. The evaluation to determine this includes an analysis of consistency with the 2007 Air Quality Management Plan and Coachella Valley PMI(, State implementation Plan population and employment grovAh projections, avoidance and minimization measures to address project impacts, and incorporation of 2007 Air Quality Management Plan and Copc4lloValley Plvll,o State .1 qtaOipn Plan land use planning strategies. Ail The project will require interag donsultation with Coachella A "' sus iation of Governments for PM 10 (Deliverables.,Air Quality C*brmiq,Alemoranduno. • !�u�ltural R�esourcc Analysis —It is anticipated Ow,,,�his project will qualify as a screened undertaking under the provisions of Section''15ft of the National liislo'ic Preservation Act; therefore, it is not anticipated that preparation of airy` ocunwmatioq.,to' gap`'W Cahrons' issuance of a screened undertaking determination is required(Deliverqb� �ne,a*',ipaied). Af 7 • ffi&gical AWly*s It is anticioatdd that it Natural fanviroruncntal Study (NES) will be the appropriate d6c ent,to prepare for Caltrans District 8. in preparing the NES, the following activities are anticipated: Preliminary office investigations will include various biological database searches,h0u4ing a search of the California Natural Divqsity. Database (CNDDB), the California Native Platd" iety's Electronic inventory,and the Galifbinia*Oife Ilabiia-i Relationships dotitbase; A formal list of special-status species with potential to ckeur iita'ihe aiaWill be requ OtW from the U& Fish Service s'Ve list and Wildli�� ice (US4S)to develop a comprehe ri of Veci*Stat",* es to be evaluated in the NES-MI;, X" Biologists wilt e ;ult with regulatory agencies and reco02 4 experts with t ,�Wifbmia Department of Fish and Game(qi*p and the USFWS,AS appropriate, , 14ES; " 40ing prqparation atd* Biologists will idea i46,the location,compos'1iivo'nm;i'n'ia extent ofskpsih�e plant,communities(such as wetland vegetation),the areas,tlaafniay support n6xiokss d i&si�kldltws qaoOvlpOdlife habitats shown within the Area of Potential Effecis,,(AiE), 'This subtask includes one ii', fv e site assessnwnt to suffi ciently characterize the spevial-statuspiiO'*,00Ao*.spp" W e potential to occur within the APE, to map all vegetation communities prisdot$ vegetation communities, and the habitats 4 contained therein, for the potential to support special-status plant and animal species. During the site assessment, PAK, wil I identify all potential jurisdictional waters of the U.S. that could be impacted by the proposed projects and determine whether a Wetland Delineation Report is warranted. PIUC will also identify in igratory bird nesting habitat, including grouncinesting birds within the APE; The habitat assessment described above will determine if protocol-level surveys are warranted; If necessary, appropriate reduction measures for inclusion in the NES will be prepared. 'These strategies may include recommended best management practices (BM13s), construction timing, or limiting ground disturbance in specific areas; The results of the research and field surveys in the NES, according to Caltrans guidelines. Locations of significant biological resources, including observations of special-status species and critical habitat will be identified on an appropriate base map will summarized into a final NES report. 'The effects of the proposed project on biological resources will be determined, with mitigation options, if necessary, briefly described under this task(Deliverables:NF-5 Report). ............... 10 • Phase 1 Preliminary Hazardous Materials Analysis- A preliminary hazardous materials investigations for the project site will be performed,including the following activities A review of the existing environmental documents provided; A review of publicly available and practically reviewable standard local, state or tribal and federal environmental record sources; A review of publicly available and practically reviewable standard historical sources, including aerial photographs and topographic maps; A reconnaissance of the study area and observation of adjoining properties; Interviews with persons knowledgeable about land uses wfhin the proposed alignment;. Preparation of a report summarizing findings,opinions and conclusions(Deliverables: Please I Harardous Maierials Report). • I7ra •inal lnitidtl Stud s essmcra.t lSrN .-.It is anticipated that upon completion of these activities,.a Caltrans Initial Site Assessment(ISA)checklist will be completed,sumrnarizing potential environmental concerns within the project study area. Mr. Zolghadr will review the Draft ISA,r ort and submit it to Caltrans for review. The Graft ISA will be revised as necessary based upon Caltrans' co '� ,fp produce a Final ISA. (I7elivcraGles: Review of the Draft and Final Phase:I lnitial Sile Assessmena . rf� Task 1,07-04 Notice of'Exernption , Upon completion of the techwpal analysis,if its ination that the project would have no significmg,impact on the environment, P4,1C will;p a Notice of Caption and file the notice with the State Clearin This notice i c as &.�urneutation for the project(Deliverables: One (4)11DF copy Qf the s1kok andsiamp�d Not emptiq* Task 1.07.05 Cate ar l 4asi a - Upon comolefton of',f iechnic;a) analysis and 4ppt04 by Caltrans, if the determination that tlni' project has,no significant it act 00 ensr tnment is supported,PA�0*11 coordinate with Caltrans for the cdaletat'an suture of a Categorical Exclusion fontt, wlt) twt�w` e as tltc l�lliPA documentation for fb project(Dko ahlay:One(l)PLY craps of the,signed Categorical act lonArm). Phase 2-En lneera ,!Pewign(harts,Specifteadons;.and EsiAwles) Task 2.01. Utility totrrdination - Ditae will continue to coordinate with,,:the affected utilities companies by completing the fallow" ,activities: • Maintain the Utility LogiAfall correspondence with utilities; • Identify potential conflicts; • As potential conflicts are identiN4 throughout the design phase,'e dihate wft'the affected utility agencies until the conflict is resolved; • Provide notification letters with copies of the plants will bot se , certified receipt,to the affected utility agencies at the 80%complete, 100%complete and final stages. Task 102 Utility Potholing-,Once specific conflicts have been identified,DAK will prepare a Utility Pothole plan that locates where utility potholes are to be completed, The Utility Pothole plan will be reviewed with the City for approval prior to starting any utility potholing activities. Once an approved Utility Pothole plan has been completed, DMC will coordinate with Saf~r-Dig to complete the utility potholes identified on the Utility Pothole plan. DM( will follow-up the utility pothole activities with a survey of the utility potholes to vertically and horizontally locate each of the potholed utility. This information will be shown on the final plans and will be used to design the final storm drain alignment. Affected utilities will be provided the final Utility Pothole plans for use in relocating their affected utility, For the purpose of developing a cost for this task,DMC estimated ten (10) utility potholes are required for this project. Additional potholes will be completed for the unit cost identified in the Cost Proposal for this project. Task 2.03 Geotechnical Investigation --DMC will coordinate with. Diaz Yourman and Associates (DIVA) to complete up to six(6)borings approximately six(6) feet deep along the proposed alignment of Storm Drain Line 9, The material taker,from the borings will be lab evaluated to determine the Sand Equivalence of the material. This information will be submitted to RCFC for review and approval as possible backtill material for Storm Drain Line 9 improvements. -� 1] DEWSNOROUP SX710N B. SCOPE OP WORK �Ukii 4' Water Surface Profile Gradient(WSPG)Study-Utilizing Civil Design software,DMC;will develop a WSPG model of the storm drain system to confirm that the hydraulic grade lines does not fall above the existing roadway surface and catch basin inlet elevations. This information will be prepared in final report format and submitted for review to the City of Palm Springs and RCFC with the PS&E documents. The WSPG will be adjusted, as necessary,to match the storm drain system vertical and horizontal alignments until the alignment is approved by RCFC. Task 2.05 Plans,Specifications and Estimates(PS&Els)-DMC will prepare clear,concise and accurate PS&E's of the proposed roadway and traffic signal modification improvements. In general,the PS&E's will conform to the City of Palm Spring's standards and practices. L&k_Z9JJ1_111am-DMC"will design and prepare construction plans that will be required for the proposed roadway and traffic signal modification improvements. Based upon our current understanding of the project, 1)MC7 will prepare the following plan shects- Description Ng,gfbeets • Title Sheet • General Note Sheet • Detail Sheets 2 • Roadway Improvement Plan and Profile Sheets 2 • Storm Drain Plan and Profile Sheets 4 • On-Site Parking LotT)rainage Plan % I ■ Striping and Signing Plan Sheet I Total Sheets 12 Plans will be submil4to theQity and affected utilities for review at the 80%complete, 100%,complete stage and final screen check WC will submit four(4) sets of blueprints with each Slibmittal,along with the previous red-lined check p Comm'Cn received from the City will be Incorporated into the plans. Final plans will be submitted to the C1*4, Mylar,wet stamped by the Project Engineer. (cations, DMC will prepare tho,fqowing documents fear this pr*pt: # Detailed Project liescription * Bid Schedule % Bid Item Descriptions • Payment Methods • Special Provisions • Technical Specifications The documents will be prepared hiMicrosoll Word in Green Book format and submitted to the City for review at the 80%complete, 100%complete stage and final scree ,'cb k stage. 2,03.05 Estimates - DAfC will preparei, y bid iternslieir quantities and unit costs, and the probable cost of construction that will be or review, The final construction cost estimate shall be based upon and in agreement with the final estimatod'qi�aties 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 2.06 Additional Site Visit(2),4)MC will complete the following sitevisits during this phase of this project: • Firsi Site Visit - The first site visit will be conducted prior to the submittal of the 80%complete PS&F's to the City. The purpose of the site visit is to check field conditions with information shown on the plans. • Sec6ndSite Visit-no second site visit will be complete 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 2.07 Local Assistance Support Services - DMC will provide the necessary support services to the City required to receive an Authorization to Proceed (E46) prior to advertisement, including, but not limited to, the following activities: 1�1) I m( - &"opr7 Cad'WORK • Conduct Field Review(if necessary),prepare Field Review Form and submit to State; • Prepare PS&F Certification ChecklistlForm, • Prepare and submit to State for approval Right-of-Way/Utility Clearance Certifications; • Prepare and submit to State Focal Agency Construction Administration Certification (must receive an Authorization to Proceed(E-'ifs)form from the State prior to project advertisement.).. Upon award of contract, DMC will prepare a Detailed Estimated, Finance Letter (on City letter head), Award Checklist and Report of DBE Awards for submittal to the City and State. Task 2.08 RCFC Coordination-«DMC will coordinate,as necessary,with Riverside County Flood Control District and Water Conservation District,to obtain the approval of the design and construction documents for the proposed Storm Drain Dine 9 improvements, including preparation of plans to be submitted to the RCFC for review and approval on RCFC title block. Separate rnyiar of the proposed Storm Drain Line 9 improvements will be submitted to the RCFC for signature upon approval of the plans by RCFC and the City of Palm Sprhgs. Task 2.09 Bid Support DMC will assist the City during the bidding process by addressing questions regarding the plans and specifications with written' ok (when required),the' ' i and issuance of Project addendums, attendance at the pre-bid meeting, ress questiot s by bid4e s, and att" pe at the City Council meeting to award the contract to address tt ns by Council Members. Task 2.10 Construction rt DtC , t'` Cry during construction phase by providing the following services. 3 ,f. � * • DMC" will assist the City during, The tion phase by addressing; questions regarding the plans and. specifications through written responses to zit t9 r!spouading to Contractor's request for clarifications. • DMC will prepare r ord drawings for the City 1 CF1 i"or Storm Drain Lino 9 improvements based on redlines provided by the Contractor. „I Phase 3—Right of-Wary Setvic Task 3.01 Acquisition Documents(3)--D;19C will prepare up to three(3)gQmu ete sets ofAc4uisition documents (legal descriptioni plat map)for all properties affected by the ptoposed,prtsj proveme' '"accessary to acquire right-of-way. Task 3.02 Right-of-Way Coordination—1.MA'will coordinate with Caltrans,the BIA 4&diie Tribe on all right-of- way issues pertaining to this project, including the acquisition of necessary right-of-wky required to complete the project. Task 3.03 Caltrans Right-nf W�_,Certificat ou - DMC will pr pare -way certification farm with appropriate attachment and coorditt *, oval Caltrans approval of the t-of way certification. Phase 4—Construction Administration����� ��� '"+mil"11�3 �'f rs�va(45) 1 orlon ,Days) Task 4.01 Construction Management — DAK' will be responsible for overseeing all aspects of the construction phase of this project,including the following tasks.. Task 4,01,01 Contract Administration -- Provide contract administration in accordance with Caltrans District S policies for this project,including,but not limited to; • Coordination with Caltrans focal Assistance for on-going construction activities and project closeout requirements; • Fstablishing/maintaining project controls and provide administrative,management and related services necessary to coordinate the work of the Contractor and all sub-contractors in order to facilitate a timely completion of this project in accordance with the contract documents and City objectives; • .Providing, managing, coordinating and ensuring timely completioniapprovals in response to all RFI's, shop drawings,product data samples. Change Notices, Intent to File Change Notices and Construction Change Orders S7rcTiovB: 5COPEOFTYORK (CCO's),as well as r—eview,negotiate and issue CCO's to the contractor and incorporate.. approved CCO's as they occur,review,comment and recommend processing of invoices forprogress and final payments; • Ensuring adequate inspection coverage for this project, coordinate and oversee the Project Inspectors, schedule agency inspections, coordinate and schedule electrical. telephone and water services to the site, and assist the contractor in obtaining all building permits and special permits for the improvements-, • Maintaining continuous 24-hour telephone accessibility during construction activities for emergency use; • Ensuring the Contractor's work is consistent with the contract documents and guard the City against defects and deficiencies in such work and regularly monitor actual costslq uanti ties with estimated costs and quantities; • Ensuring that safety programs are developed by the Contractor and coordinate the safety programs forthis project; • Consulting with the Design Consultant Team and the City regarding interpretation of plans and specifications; • Addressing business owners and property owners concerns and inquiries; • Observing the Contractor's check-out of utilities.operational systems and equipment readiness,and assist in their initial start-up and testing. Task 4.01.02 ReportinglRecard Koeping UC will document the Contractor's progress and compliance with approved PS&E's,including,but notchmited to,the following activities: • Maintaining project records; • Documenting the contractor's daily work effort; • Conducting interviews With mvaiiins wage DO liance,interviews, • Comparing Certified PayTolls wi*inspection 'ords,, employee interview forms and the Prevailing Wage Rare tables in order to verify proper P", cot; • Maintaining cost accourxtio�Zs. • Providing documentation to tr", J4*tng all important issucs, decisions and discussions , n etc with-in three(3)working days; • On a weekly basis,doe:ummfin"roviding to the Design Engineer and the Contractor proliect progress reports with a weekly statement of working days and sent to Cc actor; • Evaluating progress of the Contractor and make recommendations to the City regarding final inspections and assist the City in conducting final inspection sincluding the securing of guarantees,affidavits,releases and waivers. Task 4.01.03 Meetings Conduct meetings to communicate the direction of this project and identify/resolve issues as they are identified,including,',but not limited to,the following activities: • Coordinating/participating/fac I blat"' - pre-constmction contract a s, including conducting a pre- roc ed dag "construction meeting and issuance ota,lbticc to P" e' in aceo i e City's procedures; • Preparing agenda, conducting weekly on-site construction progress meetings and distribute the minutes of meetings within diree (3) working days. The purpose of these meetings will be to discuss procedures, progress, 17 problems,scheduling and coordination and other related projects. Tavk 4:OtO4 Project Close Out-,DAIC will properly close out the project and provide the City with record project information,which includes,but not limited to,the following activities: • Delivering a final completed project to the City in compliance with the PS&E's; • Coordinating the projects close-out, including obtaining necessary operation manuals, warranties, guarantees, releases and warranty bonds from the Contractor and sub-contractor; • Preparing a final status report for the project close-out prepare a Staff Report for project acceptance and assist with filing ot')Notice of Completion, • Presenting City with a complete project closo-out rile; • Perfon-ning warranty walk within one(1)year of the Notice of Completion. 14 a % w I IWW (V DESIGN GROW' ,51:X-TION B.' S00PE0FJf'r0RK Task 4,02 Inspection Services (Budget)—MA-CM Inc, (MA-CM), through DIVC, will provide the necessary on- site project inspection services for this project by its experienced inspectors. Many of its inspectors are retired Caltrans/Public Works inspectors, MA-CM will assign the most qualified and experienced inspectors from its list that have the demonstrated know-how of construction equipment,materials, methods, testing and workmanship for this projcM AM-C kVy inspectors understand and interpret correctly the PS&E's and are familiar with die Greenbook (Standard Specifications for Public Works Construction), Caltrdns Standard Specifications, Riverside County.Flood Control design/construction standards, Riverside County Transportation design/construction standards and OSHA Construction Safety Orders. While assigned to this project,MA-CMs inspectors will: • Interact professionally with the Contractors, sub-contractors, engineers, property owners, business owners, City representatives and the public at large; • Coordinate with other City personnel; • Promote quality customer service; • Respond promptly and courteously to requests. Working tinder the direct supervision of the Construction Manager,tasks to be completed by the assigned inspector's typically include,but will not be limited,to the following activities: • Review the PS&E's thoroughly or to the pre;oonstruction meeting; • Establish effective court on wjt t,Jhe Coq whc poor,affiot%Lutiljti��,and other ies,and business/property owners; 41 ii'A 4 ft• Ensure compliance 11 cquiA*tS 'suet C6 9 gact Traffic Control, Cal OSHA Standards,CCO's,jP, dftits lmey*W si r elevA ion,J&adon of improvements,etc.; • Monitor extra world, • Perform project Qy I sight for.46 m9W"g of,# n damage to infrastructure and replacement of infrastructure to Gib Standards" • Attend the weekly construction meetings; • Keep daily diarie:s,40 f this proje' ','A daily Inspection prepare incident(accident) Reports and take pictures o Report identifying,*rk, done by the Contractor shall be submitted to the Constructioq,,'Manager on the next business day for rcvkw and filing, • Document all Contractor delays, reasons for delay, length of time for delay and phases ot'Work; • Monitor and provide supporting documentation on the personnel and equipment tWi'�'involved with any extra work performed by the Contractor: • During the course of inspedtidband monitoring of the work, if tfW,project I.,m4mlor observes an unsafe situation, he shall nofity the Contractoiotthe 0 latiob and provj4owritten'nofifi;, f such infraction to the Contractor. 'p If the Contractor refuses to compffy motors tb#City, Construction Manager and Cal OSHA; , O��At�m • Measure and tabulate contact quantities„ • Review the Contractor's invoices,verify,completeness of work and approve quantities; • Prepare a list items for correction(punch list)and prepare redlined as-builts plans. M.4431's inspectors will have access to a digital camera,vehicle and cellular phone for immediate contact by the City,proof of a valid California driver's license and proper vehicle insurance. Task 4.03 Compaction and Materials Testing(Budget)—DYA,through DA-fC,will provide as-needed compaction and materials testing for this project. DYA is appropriately licensed and registered in the State of California to perform these services. 15 DusiGN am,Pwl ,5&Tto,,vC: STArt--Q(;AL11,X-`11-'170NS A7NMK7M Incorporated since 1999, DMC has developed a reputation for preparing quality design work on time and within budget for a wide variety of municipal improvement projects involving roadway/intersection widening, storm drains, raised landscape medians and traffic signal installation/modification improvements for public agencies throughout southern California., including the cities of Palm Springs, Moreno Valley, Norco, Temecula, Calimesa and Palm Desert, and the County of Riverside. Many of these successful projects were completed under challenging and adverse conditions, requiring a complete understanding of the local agency's design standards, criteria, and approval processes. Our expert knowledge of these policies and guidelines has proven invaluable in producing project requirements on time and within budget. Headquartered in Corona, California, DMC is conveniently located within sixty (60) minutes of Palm Springs, California. From our office location,DMC can effectively provide our design services to the City of Palm Springs, as we have for many other public agencies and special districts throughout southern California. KFYIYW,PIWAN& DAIC has assembled a core team of individuals with specialized skills and experience, necessary to address the Profeakml Ba*Tmnd design needs for the proposed roadway and storm drain EDUCATION, improvements proposed for the Agua Caliente Cultural M.PA.,1"2,ftbIkA&Wn"O" c Museum Road in the City,of Palm Springs. Brief biological cdkfm6a state Univwky')*'*' d, N resumes follow for the kmibr staff members to be assigned xs iq8i,c Engtneeth* i,it to this project. Cornpdet resuines,lbr these in(lividuals are found in the APven*#1hiWProjiuxaL AFFILIATIONS' ........ David M, Casper,JR!44%jecOronstruction Afawg)m Mr. David M. Coster has over'+wenty406v(27)yeak"61' civil engineering exp6ience, 4*n(13),yea;t as a Public Works Director an&,:,iCity Engi#mr f9r a`6rfiber of cities throughout Califbriia'" He has *eri"Tbe responsible Project Manager for an eat!t.rive number of projects involving nvolving roadway/intersectiour- `�'�',4widening and storm drajo improvement for t14 cities, of him Springs'. MoMflo :2 Valley, Palm Desert, Norco and Calimesa, and the,Cpunty �s , of Riverside, including the following,projects": • Mesquite Avenue Improvements • Los Serranos Iqfiyutructure Improvements • 11amner Avenue Improvements ....... • Lake Forest Drive Drainage Improvements Nofftdo"'al ad(- a ofj0000 A fleactyckStreet hnprovements • Alessandro Boulevardl,1-215 Intersection B.1,2006-Civil Engineering • Calimesa Boulevard Corridor Improvements tinivus3ty of Cahibraut hvim • Vista Chino RoadlSynrise Avenue Intersection REGIS-r I 10M Improvements Aflzma, Joshua D. Cosper,P.E.,P.LS,—Project Engineer ? Mr. Cosper has over twelve (12) years of progressively responsible experience as a Project Engineer, Design Manager, Land Surveyor, CADD Manager, Project Lead Designer, CADD operator, field technician, and construction inspector for a variety of public works improvement projects involving roadway/intersection improvements with traffic signal 16 @) DESIGN Gkoup SaTIONC.- -in;dallation/modifications. Many of these projects included the preparation of special studies, development and evaluation of alternative concepts, right-of-way mapping/documentation, preparation of project specific SWPPP/WQMP documents and the development of complete and accurate PS&E's for these projects for cities, counties., school districts and special districts throughout southern California, including the cities of Palm Springs, La Quinta, Moreno Valley, Norco, Lake Forest, Calimesa, El Centro, Brawley and Barstow, Los Angeles County, the Los Angeles Unified School District, the Niguel Shores Community Association and the FAMD No. I of Indian Wells, Mr. Cosper and his team of CADD designers and draftsmen will be responsible for developing accurate right-of-wky documents, base sheets and construction plans for this project, including the coordination of record/field survey data and preparation of special studies and the designs for this project. Frank A.Artiga,P.F.,P.LS.--Survey Manager Mr. Artiga w ill be assigned the Survey Manager responsibilities and will be responsible for providing all topographic and boundary survey needs for this project. Mr.Artiga has over fifteen(15)years of experience in all facets of topographic and boundary survpqng, b mapping and land development design, including rough/precise grading,street improvements;, ements,and earthwork calculations for public works projects and private,dey# He re has been resportil f 'for comprehensive topographic/boundary surveys for most of these projects Reza Zolghadr—Caltratts fttrictI Lkdso�, Mr. Zolghadr is a liceasW!Civil EvOncer"m Tli��I`S§Otatc of California,and,* a' for of Science Degree �, Reno '§hi tile City of Corona from Nevada State UniVvrsity, c19 retiring f�roru PtIA,Work Department as a -f4 mot ofl� I�ity transportation related capital Senior Engineer req)(,*$'ible s a improvement projects, Mr. Zolghadr has be e Project Manager for numerous transportation improvement projects involving federal Titercharim bridges, street widening and rehabilitation, traffic signals, i e f utility relocation,I=cIrrains"End water/server main improvements, Recent federal funded projects involving District 8,R acal Assi4i;nce include: • 1-2151COclus ve.""Inicre,hahge,improve#ieniv ileac ock St, Bridge Repla<Vmeni (PSR) City of Moreno Valley,C' City of MorenoValley,CA • SR 91IMain Si. Interchange Improvements • 1-151Mapolia Ave, ln , 6ge Improvements City of Corona,CA City corona,CA • 1-151EI Cerrito Rd. Interchange Improvemenis City of Corona,CA Working with the environmental consultant and the, I'rqject Manager, Mr. Zolghadr's will utilize his expert knowledge of the review/approvai process fdrIederill'y fund6a:'projects gained through recently completed projects to expedite the environmental and design approvals for this project. ,RIB(-OWLTAAV DAIC utilizes a team of experienced and highly skilled subconsultants to support its design effort in very specialized areas that require specific expertise and knowledge. DMCs management approach and quality requirements apply equally to its subconsultants. This approach strengthens the bind between our firm and its subconsultants, and creates a seamless approach to providing a diverse and well-prepared Project Team for this project. PAX World(PMC)—Environmental Clearance I1IUJC was established in 1995 with a mission to provide planning,environmental and municipal services to public agencies, special districts and public-oriented organizations. Since 1995, it has provided service,to more than two hundred and fifty(250)cities, counties and special districts throughout California. Headquartered in San.Diego, CA.PXfC has grown steadily to a firm consisting of over one hundred mid eighty(180)employees working out of ............... --43-W7 x as (0 17 SfX r7()NC'. 5TAFFQ(,;A1JF1 A770NS nine(9)offices in California and the Pacific-Northwest. Environmental planning, project management and lead agency compliance with the California Environmental Quality Act (CE33QA) and the National Environmental Policy Act (NEPA) are some of the primary municipal services provided by PAfC. PUC is recognized as an innovative and responsible third party in the management of multi jurisdictional programs acid the preparation and processing of environmental assessments (EA's), negative declarations ( D's), mitigated negative; declarations (MND's),initial studies(fS's),environmental impact reports(EIR's)and other technical studies. Danielle Griffith will be the Team. Manager responsible for providing n essaty environmental clearance and planning services required for this project, Ms. Griffith has over ten (10) years of progressively responsible experience in land planning, environmental planning and analysis. She has experience in developing long and short term plans for land use, growth and revitalization of urban., suburban and rural communities,and has written and reviewed a variety of environmental planning documents, including numerous technical reports for public improvement projects throughout much of southern California, such as the counties of Riverside, Imperial,Sonoma and San Diego,the cities of f lemet, Moreno Valley, Laguna Beach,Wildomar, Menifee,Placentia,and the Port of San Diego It ,Griffith has worked For bath public agencies and private companies. Diaz Yourma►t Associates(DY. a: tec.•hrric l and Materials Testier Founded in 1992 is a private d Geotechn"rcal Consulting. Service'torporotion, founded in December 1992. Gerald M. Diaz PR, i- and Allen M. Yourman,Jr., P.E.,G. ,,ar"e-tl'i founding principals of the firm and together have more than sixty (60) °of geotpohnical experience. DKI is certified as a Drwctdva to ed Bassi ess Enterprise DBE YA t 'tr amed with.DM on a number of roadway improvement projects, including: • Bristol Str dope Stabilization Project • Alessandro.lr .avd.Street Immo ements • El.Dorado 6iionia Street Improvements . Graham Street l rovements Pepper Street Recon tra t; P!*ct • 1 lsworth Street/S er ari A , toe Perris Boulevard Widening Project a0 Avenue Improvements .eonadlevcan Xircanjan, P.E., C,E, is a registered civil engin r with has over nine (9), s of experience in the field of geotechnical engineering, He' coordinated"and perforrned field inv tions for nurnerous projects, ,many of which have been lrbr'6ities.44 Orange, Los Angeles, Riversid� and Sari. Bernardino Counties, involving. projmts with bridge"and-eKulvcrt :crossings, roadway,widO ' and extension and pavement evaluations. Mr. Niranjanan's x eribnce includes site selection, field investigations, engineering analysis, construction observation ;and testing, and preparation of' Igeotechnleaf summary reports and recommendations. MA-CM,Inc. (MA-CAP--C't3 Support Servkev %Incorporated in 2005,MAC;'M pre lebt--feam.has thirty-live (35)years of,tatal construction support experience for infrastructure improvements involving lr l roadlintersection improvements, interstate reconstruction and highway structures. » " I's licensed professionals who are committed to its clients' interests and dedicated to public safety. Asa full service organization, MA-CM offers expertise and a proven team developed Isom local resources of more than twenty(20)professional staff that can meet peak staffing demands Rick . spril, Senior Itapeclor is a construction inspector with over thirty-five (35) years of extensive experience in the construction of heavy civil engineering; projects. He has served as resident engineer and project inspector on a variety of public works and state highway projects involving pavernent rehabilitation improvements. He is very familiar with Caltrans standards, procedures and documentation requirements, and has performed construction management inspection on projects with Caltrans involvement and oversight, Mr. Aspril will be responsible for coordinating and performing as needed inspection services for this project. t,lkimR_svmE' Complete resumes for our Senior Project Team members available upon request.. 18 .. SW77f)==k C STAFF QI, LI IC.r47IONS Agua Caliente Cultural Museum Road and Drainage Improvements City Project No. 405-11 Federal Aid Project No. PLHI)I h-,282 032)&HPLUL-52 2 03 ) C itNr i} r m Springs I'tfl�lic T ork' frail-,t it eerirt D@ Qf lffeld( E�►iro rt aerctal Clearance - - Caltrans District 8 Coordination Reza Zolghadr,P.E. Project Nlanagement onstruction Management Liaison Officer MC£� sfgn,C roue,I � � C`onstr ction Management Service David Al.CosperT P.E. Utility Coordination/Administration - - —£ Pr€ject/Consf action Manager 4 tl - 7NNIeCDnaugh D-ilk,Desi�n Group, Inc•. �Inc. l)anEta }i!ltClriru Crisfftan Papa,A EIT-Assf.Resident Engineer DAIC' n. aymondJ.43arcdea-11uhlic iYarks Inspector Tames E.Si r-Public Works Inspvt tar Joanna Cosper Adminiso-itiv5e liechnician Deborah Pafumba-Cons truct ion Off"Engineer Concept Dcve1opmenV`D"ignlPS&E's Materials Testing g-_ nadeva Topographic SurveysIN Joshua D.Coster, E'P.1—'& � 13 Project Engineer Survey M r1 _, I�VIC € irr€r p, Inc T3 9('£)esign Group,I i '+t Bn � tti Dang 6�vmour-Lze,rign Munager Miki K -t:Al3L)Qanaa r Jc nne_s GumAwr-Roadway Engineer Brian Heins tl-Roadw&T F*sigwr GertaH AIz� ties ter--Efe€*tea I Eqg owter FsnMy Af"a m-Drainage Designer J T Stan tom f:L-Water-Seu er Engineer Jeffrey Cos per--CA DD 01*f war Brandon Anderson- CADD Operator Kewn ha#u-T'echnicitrn OrqanizatiQna!Chart AMC Design Group, Inc. 14 DESON -- --S&77ONC &APl,'QUALIPICATIOAS District 8 Federal Aid Funded Project Experience Reza Zolghadr, P.E. will act as D-WC's Liaison Officer in coordinating projects through Caltrans District 8 Local Assistance and will be responsible for processing and obtaining approvals for project environmental and designs for this project through this office. Mr.Zolghadr was responsible for processing environmental documentation and obtaining approvals for the design of the following Federal Aid projects through District 8 Local Programs offices in San Bernardino.CA. • 1-215,1('actus Avenue Interchange Improvements PSR - HeacockStreet Bridge Replacement City of Moreno Valley,CA City of Moreno Valley,CA District 8 Office of Local Assistance District 8 Office of Local Assistance Nader Naquib Osabuogbe Cbris Igbinedion • SR 911Main Street Interchange Improvements a 1115IAfagnolia Avenue Interchange Improvements City of Corona,CA City of Corona,CA District 8 Office of Local Assistance ,,3,District 8 Office of Local Assistance • I-I 51EI Cerrito Road Interchange Improvemenfg City of Corona,CA District 8 Office of Local Assistance General Federal Aid Fmaded Project Experiewf 0 DMC was directly res0onsible for coordinkfing,, pt4csip and obtain" approvals for project environmental clearanceYand design,,; for Federa dl4n l Aided' " *ect piOo th= altrans Local Programs throughout southern CANiortlit for the fol]�ing projects: • Calimesa Bouleto,rd Ak4ian Improvement Project (Sandalwood Street to Avenue L), Calimeso, CA Federal Aid Proje#(I$TEA)(In,Progress) - Di§tric`t,$.,-, • Katella Avenue 1*rovenenk Project (City Limits to Struck Avenue},,Ownge, CA —'Federal Aid Project (ISTEA)—AHPP,(2007)—MOW,12, • Taft Avenue Improvement Project (Cary' Dinds id.Batavia Street), 4ange, CA — Federal Aid Project (ISTEA)—AJJRP(?007)—District')2, • BalaviaStreel Imprqw. meni, Project (Taft Arqnqe'to 2 700 f eq?1Ar10 Taft Avenue,'Orange, CA — Federa I Aid Project(ISTEA)—eAfIRP(2007)—District 12; • Hewes Street ImprovoniaA4, Project (Chapinan Avenue 1�,Marmoa.Streeo x9r�znge, CA — Federal Aid Project orr.s, A)—AFIkP,('�*03))—District 12, • Eckqff Street Improvement Project (Coffins Avenue to 370 feet EEO Collins Avenue), Orange, CA — Federal.Aid Project(ISTEA)--AURP(2003)--District 12; • Prospecl A ven tie Improvement Project ThipWamAvahzieza 14 Veta Avenue), Orange, CA— Federal Aid Project(ISTEA)—AfIRP(2003)—District 12; • Yorba Street Improvement Project (Chapman Avenue to Palmyra Avenue), Ownge, CA — Federal Aid Project(ISTEA)—Al RP(2003)—District 12; • Bake Parkway Improvement Project (North Pointe Drive to 1,000 feet E10 Dimension Drive), Lake Forest, CA—Federal Aid Project(ISTEA)--AIIRP(2002)—District 12. RoadwaylStorm Drain Improvement EVerience The following Project Experience Summary Sheets are examples roadway/storm drain improvement projects recently completed by DW that demonstrate DMC's wide range of design and PS&E preparation skills for these types of improvements, ........ ..... 20 DESIGN SECTION C: .. ... " •! Y.t �,Fw 4{..x g, � ,..,. Ag! ?Rjgpytq ,rm �IN« ^"�W y cf, v MrK�YpY .a.: .�x..,........ .. b?:. .......�: ,. , I E' a y �, w ✓ � h h F , 7 ; tl6 Eh tii aaw. �trh Id" P' ESQUITEAVENUE IMPROVFMENr PROJECT PALV SPRINGS,C4 a j WditV ►w1mad m, ConstructionC'ampleted.lune 2006 e tetat e: t m d't rn OpnOent s es for Cane 21 atul Line, 2?,'nAmA l8laMon &,Yigm d t wpatation raj'f W :v Cry vsrHxa4 r'M()N Ccrm z tiaantrri "rt , Sr,�9f;OW z � a sIi ?a yr 0,75 ttar1n" R to w vw:ue, rape medl'a t tsark m), and traf,jic: C1,1F:NM t x m R a t Mos ofdo "t`c?jPcin 5�rin r itt atc M taiA eet was pert l rzgineczring Division ,MamusI idler,P.F,F L,5".,.A virtani f"its Fn�;arz w /) r lne00, Engineering.Division 71 3200 E. TahquiL-G ctMY)t r- 11w, SECTloNC. S71rh'Q[,IA:Ir rC7*10)V5 RIW RIW WOES �. -01 AN fc, 'r ��,,� ,- &. ; •� .-tea 7 .. IMAM N! `' t zed H,E ,z+ �. h ':;. d .,app 031 t r PIl_ASI' LOS SFRRA?1AOS'NF/C"HBOR11000 hfPWOVV;KNrP",ECT C111N)HILLS,CA statrlatps, the dosfgn I�;eimatedCompleti+ :December2010 A' S a j artaf t€aatta dreaan ONSTRCYG'!'it7N S11MATE: irrpeo emew Jar 14,M0 ffegt', t'IFiding patventent OW 00 rc lann,l 1rr71 1r r t✓r/rs, ,trtttler, ialttd+ttaatcrarrr e1n.ins in th4,(.n.s.Sr rrcrrtn,c Lei �t.t �T. PROJi c r TF;SNt tr"4urtl"£hitteai'liias !'r E itc rprr isc Say iviccs Administration �• �' ,'' Antic MxrWer it IanlPS,rCr Ow of'Chino l'lilis lty Public Wortf Department V h' 14&V t:ity Center Drive Chino Hills,CA 91709 3 (909)3G#-2760 LI �'.: a dESMN fdMg11M� SAC"770'V C: STAFF 2jVALIFICA 17ONS a � �cartssw�sa�. Raster Ptah � �r,���s�a��w � . �: 'tl�� :fir, ,.. y a F` mo �,ra—cx ,..c.aes��s':SPAmu " , ttr - _ c...............,.a.. ......... E � T www° d ram 1^ .— " ............... IIAAf°t4aERAv' •Nup'IMPR()F'EM NrPROJECT NORCO,CA di t t elr�ptrterrd o a 122 ,cr quectrian recreation and related David M.C osp r,P.f.•• Project Manager # i t lartrar d atejy north of Joshua ,C.deer, la.E P.L&-----Projeci Engineer raj'^Ar�eo and Riverside C'ovnty' Tra�.porration Mike fir� C°�St?b� tiler�ua er a to red AM,.E s fnr the construction of'U14mak Arian 'eawor -- ad Det.z goer 'k,+ '�' ,+,a ��IT '�.111e~C'trat�t ,r1a�--•tattdtty>�.,°tat?rdln6:atr:;+r tt foot segment of Flrur:ner Avenue immediately 71w prtpet also ineluced h flowig I T : aa&Nt ` Gat improvr.TTY#enis to (;t�.NtiSI•ItVC"�I`1t N EMMA'm as ,+ tjt ri l'l S2,51f),VO � larratc.<.t .sR�t;*rrzrrrt n� 7 Ilcatmet Avenue., CIIEN°r: f'$tl�slFeNrst°t;tiAdr' i61a"�A°F?Etd�s PFPF�:�7'C7t°tit,7a!P?}.9�t(7 }f,FtFtT'tt.'a°°.t�YeYIZBG of l�atP.Y,�I�k'1$fde, tit r�,� nY�'t9 r.rata,ut unG., q iwo (2, ihr£d lanes in eraah d'ltJe�,tion, nvo (2) dedicated left turn t° "erne>' to C itrras:4v°e+tarry° and to the pT•opased<'ie elraprxnt aand c•0e&eaied rigbi Public Works Derartmerta morn dunes in eace,t c?nt^e'd'Fat°aTt; CLIFNTCOINTAC"T: ". To a cc(Irnnl(r6ie:w J,+1:.' qf.,liw Clidws ,48't:,wi wul lkImner '4ve tue Lari J Askew--Project Manager intersarcnon A'xa Ot' ' uW'h atnti gutler w) the aaesneerb say:{ca r;!j Ifamne>r Avenue C i tV ofAeareo wc'rr relocated" Puhlic Iforks Department—Design 7 a ? 7O Clark:f wmuc 4faci•3ctrlfuns tp can c :ltrra�* jisrti ar 5'rt>.rP'a( ,rrlczTa previously c•orastrtecterl bp, as�7ttra yet rratr l:aaap3c.r rartevrt yea e inf m fo the x'idenirtg vj tfat' hrravco,CA 92,8604428 tit re ulrcl jfcrr'r,++ .p i e'rarre'.rrrc-rsecttota; (951)270-5678 3 �8 purku'4 yW improvements. tfte ".S•ilverlrakes Project'"(Belstver ,thrdaoghort the enth-v design phtaw tYvywy `. 23 �w DLStGN Gpt UP ;• SEC"77ON C.' Sl rt F F'QUALIFICATIONS y � " 4, t o'ri p 1 a, 6a' •4 Ns- y,, .w+^sir. Lw / 9 .......... .......u........ . +war rmr tg 4 � t 1 ............ mF , ZM G LAKE FowrDRIVE DRAINAGE tMPROVEMEMPROJE T LAKE FOREST,CA SotmE,rl:`. r titon of PS& car re cared to adelress flooding condiltstnt to Comarwflon C;:rampleted;4lav 2MR t the ilk rratersection with Ow,rlake(hive clue to Su rP r tt rlVe arrd()vcr°lalu L)rivc in the Oily of Lake 1°; xta siwd tet address the amount of dreainage S400,000 e0oVr t tote segment Uvre,"Zoraled atttstm arcs of,the uctu a,'ling laid O, ,'` l hater;te>velan and a 1,O1Kt p bO!Segment of C tt�!Y7: � tl¢� e t�a # r « d l ;tltl(led Me proper°lovation of required new and City<rf Lake Forest tIext , ' t to 3 la Inlet e, �lld tt tftlra^zlacfiarsr'exe dreeinae report used to Public Works Department s : ram" td ' flex taAV "s recommendation to install ancY%nr CLIEN T CONTAG't": r ^� 1 attb elttl ;R tm ' f PrelaarefAnal PU 's q/'the proposed ltialrert Wnoclings„P.E lty lrrSrrteur L City of Lake poorest X „'rr Public Works Department d r 2S5S0 C'om mercentre Drive,Suite 100 aP tr"et l fkgi el, Lrxke Poresi,C A 92630 !T S><rrwor ,.`:I drMrtrr s t;rrdrtfa<. ,It '„' t�s w Fa�tyaaar y:r (949)461-3480 f a(1j'traCl.� �':tC>`Y(:rdClt(C{l i'$!ttP4 Q.4„L1P'Cit7F<."ti`7,9y.. Y 24 1J�aiaQatlr QI :`: °ECTION C: ... HEAMME.... ...... M WROVEMENT ( qe� .Ns..�vyyw, N�Wn� "iYN,I""'• bpYCtl'�.•PoruW Yiw YWw -m-�+.°` 9 '{!' F. , �+�• .. urmra awn,. .�„ ...air ' » -� l yyy a , I ! «. r WNoll '::,.. ... „ ... #�.....: .„. ,:mxs ........,„.,,.w..,...,3 *ouyxrr °.«�✓ r a .� � g.,' ff" t��' dM �: r<a� '� � .. a� d �• e k f e " ..... s.we• r••- ® ,.„ f �d'qE +'r �•'",�.. �t�m.�.r,.... .�,,.s«x �°`'�., ,n; max-+ a.i' �� i-+,aka. r �r s�-^crr'ua.�a.Y>mr.�r'r.fa.m.! p� H, COCKk7TR-r, rT.[VPRO�W'. .NFPROJ . `ORENO VALLEY, CA PROJECT Mt-SCRtw'r�rON: Re..Eponsil,le fiir the preparation clf geometric approval drenvings, ra Project Study 1-astimated Completion Dole:June201 Report, envu•onmemal elqgW tt }!ty 'lGaratace, right-qf-w v mapp!'ra> anal acguisttaeart serl'l.cc$,,;rhe, de;sign and preparation of ultimate and phased roadway +C:oNsmucrm,Egt'1nM.►m: wieknitr 1 ,rd wsionti lams to sry 66)James),mirtr and gutter, sidetivalk injill, S6.tX.(0) a naf storm drain improvements to a 2.75-mile segment erl'Heacock Street,,}corn Cactus .tvenue to.Kin A'fichek lioV, The lrrvased widening invrovernenl.T necessitated a Ct.t�:r�C': teals o" eet eot Sire; ,'i Pis,Awnue and the treitallation cy"a new traor" City of Moreno Yalley 0 1 n A avock Sti eet'7ris Ivenue. 'f7w r„<ject also required close Capital Prt jects Divisinta o rtj t * er$and dovelaivi-rf or a number of iv.,idential and commercial del k Ott' tom: C(.C£IV t CONTACT' T:. erly side of lfnnc'nck Street, with Riverside County Flood lion .11iatrict and the Arno Corps of Engineers ineers in the Prem Kumar.P.E Deputy Public Waarks Director do � rro ' xproposedlbr the rleacock Street Drainage Channel City ofMorenO I alley ittm a ttl# tlt t sly,stile oj'llcxtcack Street. the C ary L apital Projects Public Forks Department d l n design a,f the,lfeacoclt,Street Bridge,hacated in the Capita!PrgWty Division ;PMfM*' 'J'in the deveIOPMOW of 14177 Avderick& et y si " "tr ot. Af"cr na Palley,CA 92533 tvF"! e=a (951)413-31Qd! ' �' ldd4meT' Dolrn a.4. tC4 eln av » tt1 Cox?relllai7tasP" .I�9�li ,SF.C'TI©NC;: STAFF OUALIFICATIONS T SA t!•p].T!CA{-0 k'FA IX.yp-.. f vm�e xcsrvtie'rci+�", fircM*'sWi/kxv ./ .Ai'1M�k euWKWAv N,.1� .' .SA 7-6G.P0 MYRiLEM[k")0 EQ sC)[nurc 'p fLA'�sGVY�, , P4r...................... t`' t .... .. ,. .'. ..'.. r w f » »» w L .» r y�yIpylyI�� ty +4, Y W 4 t'a C � '�t�kl7ms ro ?t„s �a8• !?PIW�rr3?R'Y' �^r.... �^rr .Jr FR!3T'i 3 e fJtYk � j L t , 1 n^av i�'cr xw ax +,:,.:ewr rarwr mn,b,w iKkshe wwr,n.,fa i t:3" .` .. ..12, .. �k 3 Y ....... E $F'A'ttO AWA eHYkwrax'rN<k4:raa&�a'rtYYBY .a,�'•TtCa7+E k7� �t -�WA&kaj{) t. °a"� tai �iitll�t+ ».17' A. :x aexiaatusac?a. ,w ' r.rs�x.G +':pi�'YR w ,.... 1�..�C.c. :C9�tiY: .,•..,», '���%,ra ,..sle�unM.au':wr nnrxauae ,...- CAL1:4.1EsA BOULEVARD CORRtDoR 1,M1fpRtavEm NT PRf7.tEcr CALIMESA,CA x("T,M'scmPT•lon: PROD CM'TFAM: y'I7MC a+a.-i responsible fnr the dev'f•Iryament rrf a:�Mwerr Mao of kosdscape,atra,.t Jsghftugadparkwg DaWd M Caqvr;P.F.--Profeot Maanager improvements for a !eow)mde sg'Inent aaf C,lhmcsu Boo (Sandab000d Drive to Awmw 1), Joshua,D,CoVer,RF.,f:C.S---PrWvt F"tagrtscr ar Ph n, t):VI ilc signed aml prepared?".F"s,for the pmWased I)GnW A.li'1 'r n aughya-.-.Ditrty C:escarrlrncutnr plrrarr[;nt;l+rFraxurrrtt.r;o'his.segrnento(C,rtlrmescrBoulevard ScTT�UTt: 711r final eonrpurn-nis of Me prf:rpwe l rare`>rK vcwarre'aus wurc deveiopfti Arough a xera`es ofwarkshwx Esmqviod C'ara lanon Dame,,Jim.W I �, t<tuc•re'el rvit/r the<�rry ernal,(rtCllttarte't1 t75'l�iblC ldr.rrlarcxfarc'ed s ��t �s; the 6oaa'f'lcxre, T dear rt,�lentGnrxa ivy bursar (>I rrz atarl�i drrzattc4prq#(W t: , et`aara Grfor the rttfihal phaw of CONSMCM4 Es1a"thtA't"x: t+ lq tt? @rratrelti` rraents: '�� � dd r � � d"ctdrs'ts+t easa�dCt s'Pr1��,s eaj(,'eziirrae�sa Bouleavatei; �t:r�ri"m'E " T'Alr0ingfor Parking strtkk j it jr (I.mrNT°C0r4'TrAcr: a rapt tdar plaltac`t>�aunte,� i€ {"etas'Rarrarr C.'ommaarr Srrvtccs Director . City ofcahowoa a �t ° " r 1 C:limcsu Ifc'aekizznl;k9yrrletil+bcxl ltentae 90c4Park 4verrr t llttr a`t k Calemesa,C.4 92320 • ?Irn'c3,or,rl t lue�a r raasrrrk.r sa-rrla draa;ia arrtr^aasarar.catr aEe J IaEaarc st,aa:'$a t rrrs::Nel. )7YS- 1 Ext 229 �. 26 B�w�ttth'CTt r'. SECTION C.- S7ATF QUALIFICATIONS r �u «. w.. N 2 06 dSY8 k .XS � c „ t3 w b r- d• a ✓p ¢t A aim pg d r� ,.u. 5TATk:ROUTE tl..'41'yd(p R W'� �^rR;M1!"C d1#4alT.Y}')r'79 , tt cant' AWA vtrtw- J 1` rw f 1 . - l: rvPorc E { 1 a 6 1{MW « VIs7.1 CHINA Rt ADI SuNwsr;AVENUE INTRRSF.cTiON W II3PNING IMI►R'C1vEmFNT Pitoacr PALM SPRINGS,,CA lrrrd,i7:r i Dr ( rani ir;V SCRF..MIX: {—li ,:.....r., { f.d{. 7:1 .I!",::'. ,:,.'y'�.-r.,,5 LatD(!dAdt QC'<!d1(SPtit7n t7f nf'C@SSpV1f Co mstruciion Completed June 2008 Ca 'Cho °atWxz ah4o Sawa'' aar atlaaajaoft�"t�) daion excepOataCOWM W aN C tag t c who 0iIIt way,: � '.. City qPaImSpri-g- FAgineatring I)ivisian C Alarc°u,s Fuller,P.E -Assistant City lragrrwer C'ityAa„('Palm Springs LX+ ,i3�3, �tr,��rxrt t?rvaslan 3, « Palm 5ltrtngs,CA 92262 (760)31_3-8253 Ext.8744 2` riot rs Sj,�zwoND: FiRAtQu.4vFr4rioNs FM1VAVMTA1W Incorporated in the State of California as an "S Corporation" in 1999. DMCs legal name is DMC Design Group,Inc,,with a single office located at the following address: DMC Design Group,Inc. 140 North Maple Street,Suite 104 Corona,CA 92880 0WWM7E0FF7CE& The Corporate Officers for DMC Design Group, Inc.,with the authority to bind DMC Design Group. Inc. in contractual agreements, are as follows: • David M.Cosper-Principal Engineer/President • Donna A.McConaughy-Owncr/Treasurcr/Corporate Secretary • Joshua D.Cosper-Vice President of Production PROM"0WAT David M. Cosper, P.E. is tat '-pal Digincer for DMC and DUC's contact person during the proposal evaluation period o' per may be contacted as follows: f, 'A t's P. Office-(951)549-8,100Sxt.706 * Cell-(951)830-41 ,5` s. Fax...(951)549-810� o. Email-dmcos*@d=dg.corh C0RFaUWfr"%"C&0flNW Since its in,,-epti I' in 1999, DXK' has experienced strong annual fiscal growth and has yet to have a non- profitable year. Even through the,last two(2)economically turbulent years, DMC'has managed to provide positive returns to its stockholders. This was largely due to the fiscal management skills and experience of DMC's corporate managers---the same personnel to be assigned to the Citj^'S AgWa Qdienk- Cultural Museum Road aM�,,Qrainage Improvement Project, The results of this effort have allowed DMC to hire highly qualified, sZ d and experienced personnel, as well as purchasing and maintaining the necessary tools, equipment and software to complete multiple concurrent projects on time and v�ithin budget. To date, DMC" has not, involved in any tankrupicies, pending,litigations, platted office closures or impending mergers, es DMA" antioipate any financial conditions that would impede its ability to complete this project. ls',,fisscafly capable of completing this prpjers to the quality standards expected by the 04,, on anw, witkin budget Since its inception, DMC'has developed aze04ta0,o0,,,(b`,,"'0A4%nJ`quality work on time and within budget for Municipal agencies and special districts for a wl&ar`r6�y' of comprehensive improvement concepts and designs throughout much of southern California, specifically in the area of roadway widening and traffic signal modification improvements for public agencies. DMC has extensive experience in the preparation of PS&E's, project specific SWPPP and WQMP development, traffic control, and construction phasing, as well as construction management, inspection, and testing services for roadway widening and traffic signal modification improvements. DMC has provided these, services to an extensive list of local agencies, including: • Palm Springs . Lake Forest W Colton . Pomona • El Centro . Orange 0 Norco a Dana Point • Riverside 0 Palm Springs . Barstow 4 Corona • Chino Hills 0 La Quinta . Moreno Valley a Calimesa 28 VOW- --W," SkrzymD: RXWQU,104C,4770VS CRYUMC1.0-. Los Angeles Riverside 4 Orange • Sari Bernardino &e_Ci9LQJ11XiS_1T1A9UmC_ie1V • John Wayne Airport a Match Joint Powers Association • Riverside County Flood Control a Western Municipal Water District • Imperial Irrigation District * Eastern Municipal Water District • Coachella Valley Water District 4 Los Angeles Unified School District • Moreno Valley Utility District V Desert Sands Unified School District Services provided by DMCto these agencies includes: • Corridor/SiteTheme Development; Feasibility Studies; • Special Studies: HydroloiVIHydraulic Studies Aftero" " 'k Alignment,Studies Water Systen Fire Flow4alysis PrOjeof S6iofe.5K"1'PP1WQA11*'s Trayyic Analys >�tudies diatechnical/Pavement Evaluations Design and Preparaoort,of PS&E's for rovernent Prqjects,"ijqluding: Rehabilitation Roadi4W Wideph "'iqj and Si§hh7g Curb, Gutter and Sid"Ik Infill Storm Drain,'Flood Control Pacififtes WaterlSewer ErtensionslRelocations m Land EnlitlemenolSubdIvisions Signal InstallarionslAlodificatiotu Trajf1c Cnio Staging• Utility Coordination,Notification,,6nfl'iciAesolution and Relocations/Conversions. • Environmental Documentation/Cl earn"; • Oversight A Review/ coordination; • Construction MaoAgement/11 I i4wetion Services. Headquartered in tho,'ft of Corona, California, AMC is'=voniently located within sixty(60) mile.,, of the City of Palm SpriViPoffices and the project site(s) and within thirty (30) miles of Caltrans District 8 offices in San Bernardifi(YOW Frorn our office location, AYC can tively provide engineering design services to the City of Pabw� ings for this project, as we'kaye for many other cities, counties, special districts and private devcioptne,nts throughout much ofis"e'tn Wf9mia. DMC utilizes a team of experienced and highly skilkd ski su' ltants to support its design effort in very specialized areas that require specific expertise and knowledge. DMC's management approach and quality requirements apply equally to its subconsultants. This approach strengthens the bind between our fiffn and its subconsultariLs, and creates a seamless approach to providing a diverse and well-prepared Project Team for this project. Our Project Team includes the following sub-consultants, • PMC World(P.VQ—Environmental Clearance • Diaz Yourman Associates(D YA)—Geotechnical and Materials Testing(DRE Firm) • MA-CM,Inc.(,VA-CM)—Construction Support Services 29 Ulm C SCHEDULE OF PERFORMANCE 6cto#ser21,2ffi40 RFP#05-11 Aous Celwnte CL?tural Museum Road and Storm Drain Improvemeziats C€iy Project No.0844 Federal Aid Project No,PLHDLD6-52S2(032)S HPLUL-5282 M3) 20=1 2012 Task Name Duration Start Fkustr H J F t A � � J A S C1 N D J F M PHASE 1-ENVIRONMENTAL APPROVAL AND PROJECT DEVELOPMENT 176 dar I Mon 1i3111 Fri 8J2111 1f3 E 1-ENVIRONMENTAL APPROVAL Tees 1,01-Pray Research 5 days Mon 1f311 9"< 113 Task 1.01-Project Rgsea rris 1 1ts Task 1.02 initial---fE-- 116111 Tim'lf8fi � ,safe 3�sit Task 1 02 Inial Site dies v Thu days = Task t 02 Project Scope of Wwk Compitarwo Is days Mon i13J1 t Fri 1181111 113 fj`Task 1,03 Project Scope of Work Compliance Task 1.04 Topograrpphie Survey 5 days Mon 1f W'i1 Ti= .. 1110 Task 1.£a4 Topographic Survey Tank 1.Ofi#3asee Devaloprfe[Et ; 10 daps a 1117® Task 1.0,9 Sass Map Development Task i0i ini0ai t ky Cuordinata j- 1S daps 1l10fti Fri 1111 1110 Task 1.06 Initial Utility Coordinate Task 1.f17 Errvirorrmental Clearance '}70± Mast 111 b1 9Y27 1110 Task 1.07 Environmental Ciewance PHASE 2-ENG*JEERJNG DEMN 2"days Mon 1131 till , Fr14*12 1131 HASE Z-ENG � Teak 201�Coord1natt0n 65 days f Fri ofml1 1131 � Task 2,01 Witty Coordination Task 2.02 U0 POthollirl 10 days 11111. Z12$Task 2.02 Utility Pothotiing Task 2.03 G hrticat Investigation 30 days F 9 1131 Task 2.03 Geotechnical Investigation Task 2.06 1rit$Pt3 Stay 30 days Aftli i F 1 € 1131 Task 2.04 wSPG Study Task 2.05 PE's 116 ys ri 801 1 Prepare and Submit 80%Cow PS&£'s � 3€t Add 3/14HS Y F 2f1 t 3114 Prepare and SuIanig S0%Complete PS&E's Cky1RCFC Rev tw �: �! • _ '�rt'13111 § fRCFC Ravlmv Prepare and Submit t075 Complete PS&Es I x1 511i 1 F 7111 6116 -Prepare and Submit 100%Complete PS&E's i3 Y. CftMCFC Review� 1 11 Fri718111 ��ti�t0 ®C€ty1RGFC Review Prepare and Submit Screen Check P$3E's g 16 ya AArm 7E11711 e Far 7t29111 7F71 Pr epara and Submit Screen Check PS&E's Chy Review � _ is !Willi a Fri OiltillV 8f1 .city Review 1' Prepare and Submit Final PS&E`a - 10 dayb € IFAW ?1=* Fn - 9122 Prapers and Submit Final PS&E's Task 2 S Addifionall Site Matt days. -,Fd Ft4 6M_V_ Fkat Site Visit 0 days 1 1 f&4PnJ41 4122 * First Sita Visit 5 e alas* 0 days I n 1 Fri G(17111 6117 Second Site Visit v Task 2.07 Local AsaisFatsce Support Services �� _days _ 4#25;11 , Fri sl2f11 4125 ° �Task 2.07 Local Assistance Support Serv. Task 2.08 RCFG Coordbuttloon �_ __..... ..� 4'2515 i .._.Fri 912111 x 4125 �Tas FC Coordination k 208 RC <i Tasir 2 tFtl Bid Support 45 Mon19.15M 1 1 Fr{11140 1 = 4i5 Task Z09 Bid Support Task 2.10 construcam Support } 46 daysMon tlfirt 1 ' fu 1 12 _ 1117# Task 2.10 Corse PHASE 3-I HT-Of4WAY SERVHX5 166 boys Mon 1314_1 1 { lti ....-- _ ...._. Task 3,01 Acquisition documents(3) 35 $r4 Allan 1 ^.i11�4Fr+3f281 7 1t31111111U#T"k 3.01 AcqiMft1rin Documents(3) Task 3.02 Right 1Rfay Coordination 60 dip Alien=1111 Fri 6 IWI l 3a21 Task 3.02 Right-of-Way Coordination Task 3.03 Caitrarm Right-of-Way Certification 60 days Moo WI3111 Fri 9WI I SITS ';"Task 3.03 Cattrans Rig ht-ofAfty Cariffic CITY TASK su s % SubTask Summary , David 1st.Comet,RE,Project Manager OMC nesign Group,hit, DMG TASK Phase Summary Psogect Schedule Mfestone ♦ TasskSummary 4q 30 h . ffY Olin EXHIBIT "E" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor shall be made no more frequently than monthly, and shall be based on lump sum costs per task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion of such task item as determined by the Contract Officer. Each request for payment shall contain Contractor's statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgment of the Contract Officer. Task Total Lump Sum Phase 1—Environmental Approval and Project Development Task 1.1 — Project Research $ 1,220.00 Task 1.2 — Initial Site Visit $ 2,180.00 Task 1.3—Project Scope of Work Compliance $ 1,000.00 Task 1.4 —Topographic Survey $ 5,120.00 Task 1.5—Base Map Development $ 3,120.00 Task 1.6— Initial Utility Coordination $ 3,680.00 Task 1.7 — Environmental Clearance Support Services 29 201.00 Sub-Total Phase 1 $ 45,521.00 Phase 2—Engineering Design Task 2.1 — Utility Coordination $ 2,020.00 Task 2.2 — Utility Pothole $ 11,270.00 Task 2.3—Geotechnical Investigations $ 5,750.00 Task 2.4—WSPG Study $ 3,060.00 Task 2.5—Plans, Specifications and Estimates (PS&E's) Task 2.5.1 — Plans $ 13,980.00 Task 2.5.2—Technical Specifications $ 2,120.00 Task 2.5.3 — Estimates $ 2,560.00 Task 2.6—Additional Site Visits $ 1,170.00 Task 2.7 —Local Assistance Support Services $ 2,480,00 Task 2.8 — RCFC Coordination $ 2,660.00 Task 2.9— Bid Support $ 1,220.00 Task 2.10— Construction Support 1 720.00 Sub-Total Phase 2 $ 50,010.00 Phase 3—Right-of-Way Services Task 3.1 —Acquisition Documents (1) $ 1,220.00 Task 3.2— Right-of-Way Coordination 1.420.00 Sub-Total Phase 3 $ 2,640.00 Reimbursable Expenses $ 10,830.00 Grand Total $109,001.00 END OF EXHIBIT "E" Exhibit"E" Page 1 of 1 727272.1 EXHIBIT "F" SCHEDULE OF PERFORMANCE E OF VEMF� ortaarr 71,M1 a RFP mr,41 Apw CSlerk C.1►E.I Maewa.Rc..-d ak—oa CIr'ProOd"a OB-Df FeEe3N AN Pa"Na.PL N M 103Z i WLUL-SM,333i ffiit �12 TmS)lame $Ata7�i B%.R F$NfR Y D PHASE t-ENNSION04MUTAL APPROVAL AND PROJECT OWELOPilEI T 2WdOW. MEN M01 P.11 HAM MALE t--ENY1ROWNEYTAL APPMWAL P1W3 PROJECT DEVEE"EM .,.,.,.,..a _.7a.a 41£- Rapaal.a ... ,,.5 aft. !]u!tFYi7 F!f 6PdFft to T."uei-Pf�.o -7al4M 0IDa3s P.7Xd11 flru F�ft7,,. � so*7atl 4M mB7a E@6.» TaO 7.ta i.6/.as 9Fni3.iM1 .,.« «�....._.,.,...�..... 1s dw.—"on v{ ni V2tR1 -y W—r.*Im F.J vl x:amw— 7a.ttAE TaP.EF.Ea6�.rrlq- _T. ..sue Wn1AAG'!1 Alt ttS.fFt Will T-11-04€.P.WWA0 t—Y Taaa tJf•.EerY1�Dw.Y ................................................. _.. 1➢Hayf. .....PON.0 1MV17 _ Im11 ft7 __._....7.. __ 15 ..._Ym 7mml 0"Owl tPm-T.Y IJ �a Yam'-Caa i]aa#IEI�IMYFF hIa� -- ......... ............... ......... ...................... .. .. ...... ......... i_.Tai 11d73aRIa A ia.Rfws .__. 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Pl2y a m�G 8u6mC Asr��kF3dEY- �_'�75 S•f: M� �31 Ht FM 4ff�i1T � IMM lr*Pngxre srt.luW 3m—Clwet PEBEa Q'P1eVa/ 1s 11p'B 1 41t2tfi1t P+E ti19lf7 g 1102F 0 cft R-W. PR91a1r slQ aubm9 Fkm&P8E£7 i 10 4"s "M tw2H7 f7E t783PEF � f 12111 E#P>a1Pma aaA iahmik F>R.i P61E'. jai 4.Ea Eil.Ydfik � 45 89y1 Po#aF11 i11 fYTlft a44>f Fa16r11 3tF8GCif *Felt Ella 4hul OQai.,<..Iwff381t Hf wmi -1wr*MaoaO sft Yk2 _ .._. ' Tali zn L..r ir�,aimei E.rjO.sE 74.N.� -tgl a.7s ]a.w 3w! z Pii 72QEif fam MEMMMMwTux 2.87 La":..I.alaa..Iwwrt E.l*. 7a�uN4gC Do.rin� tBII ]aw 88dfi FAt7Pl3l€Y_ saffl ♦T-%2-w RCFC i TltEE 9ltl€ - 4s 4vjs Ie>•aEnt s772nvsa- 12: 7ssk 24asr1 =7 T-k F.fB c—br..Am&-ppwt OEM ......... waves=w�TaFauLr aanse s�.rea air>uaeei Flt& 7aicsuii�rion�aE ��s i+m7asmt FEFf7A3tt7 alsa l►Ti..10 Aaa37 T2 T�a.ffi Rs�tsf-7YaS D.W ae.ram,F.E.,Pry&W—w ism. �hax ar�ary Tast- F."'I DYC TA" — J1 B."ofi p rya :am,::Lr WEEMMM* Exhibit"F: Page 1 of 1 72727241