HomeMy WebLinkAbout05809 - RGA LANDSCAPE ARCHITECTS INC TAHQUITZ CANYON MEDIAN CP 08-20 S�
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AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT NO. 5809
WITH RGA LANDSCAPE ARCHITECTS, INC.
TAHQUITZ CANYON WAY MEDIAN LANDSCAPING IMPROVEMENTS
CITY PROJECT NO. 08-20
As permitted by Section 3.3 thereof, Agreement No. 5809 is hereby amended as follows:
Add the following Section 1.1.1:
1.1.1 Tahauitz Canyon Way Median Landscaoina Final Desian (Section 14). In
compliance with all terms and conditions of this Agreement, Consultant shall provide Landscape
Architectural Services to City as described in the Scope of Services/Work attached to this
Agreement as Exhibit "A-1" and incorporated herein by reference (the "additional services"),
which includes the agreed upon schedule of fees. Consultant warrants that all additional
services shall be performed in a competent, professional, and satisfactory manner in
accordance with all standards prevalent in the industry. In the event of any inconsistency
between the terms contained in the Scope of Services/Work identified on Exhibit "A-1" and the
terms set forth in the main body of this Agreement, the terms set forth in the main body of this
Agreement shall govern.
Add the following Section 3.1.1:
3.1.1 Compensation of Consultant — Tahguitz Canyon Way Median
Landscaping Final Design (Section 14). For the Services rendered pursuant to the
Consultant's proposal letter dated December 15, 2010, related to the Tahquitz Canyon Way
Median Landscaping Final Design (Section 14), which is attached hereto as Exhibit "A-1",
Consultant shall be compensated and reimbursed in accordance with the schedule of fees
set forth in Exhibit"A-1", which total amount shall not exceed $94,400.
Section 4.4 is hereby replaced with the following:
4.4 Term. This agreement shall be retroactively extended from January 1, 2012, to
the date Amendment No. 1 is fully executed by the City. Unless earlier terminated in
accordance with Section 9.5 of this Agreement, this Agreement shall continue in full force and
effect until December 31, 2015, unless extended by mutual written agreement of the parties.
Add Exhibit"A-1", as attached hereto this Amendment No. 1.
Purchase Order Number(s): 09-0847
Agreement Number: 5809
Original City Council Approval: March 25, 2009
Original Contract Amount: $ 63,540
Amount of Prior Changes: $ 0
Amount of This Change: $ 94,400
Amended Total: $ 157,940
Account Number: 261-4491-50300; $94,400
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. 5809 remain in full force and effect.
CITY OF PALM SPRINGS,
ATTEST: a California charter city
` By:
City Clerk �s/zl/Z�f� City Manager
(/APPROVED AS TO FORM:
APPROVED BY CITY COUNCIL
By:
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n` ty Attomey
CONSULTANT: RGA LANDSCAPE ARCHITECTS,INC.
Check one:_Individual_Partnership X Corporation
Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice
President.The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief
ial0 cer).
By: R.(JL' By:
Notarized Signature of Chairman Board, otarized Signatu ecretary,Asst Greta
President or any Vice Presi e t Treasurer,Asst tre u r or Chief Fin cial r
Name: ItlINA-l.P B. Name:
Title: Title:
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who proved to me on the basis of satisfactory a idence)to be who proved to me on the basis of satisfactory'vide ce) o be
the person(s) whose name(al is/aed subscribed to the within the person(p) whose name(s) islaW subscribed to the within
instrument and acknowledged to me that he/sheMiey instrument and acknowledged to me that Delshe/fhey
executed the same in his/herNheir authorized capacity(igar executed the same in pis/her/theff authorized capacity(ies),
and that by his/laeFMgeir signature(p) on the instrument the and that by Wher/theif signatureW on the instrument the -
person($5, or the entity upon behalf of which the perso%o person(o, or the entity upon behalf of which the person(ST
acted,executed the instrument. acted,executed the instrument.
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 and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signatu
Notary Seal Notary Seal
WN0tarY
MERON J.NEVINS CAMERON J.NEVINS
COMM.#1927691 COMM.#1927891
Public-California NotaryPublic-Callfomia
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MY Expires March 5,2015
EXHIBIT "A-1"
TAHQUITZ CANYON WAY MEDIAN LANDSCAPING FINAL DESIGN (SECTION 14)
SCOPE OF SERVICES
Consultant shall provide those additional services specifically related to the Tahquitz Canyon Way
Median Landscaping Final Design (Section 14), as specified in the Consultant's proposal letter dated
December 15, 2010, included herewith on the following pages.
Compensation to Consultant shall be made pursuant to the schedule of fees identified in the
Consultant's proposal letter dated December 15, 2010, included herewith on the following pages.
Consultant shall complete initial design development drawings within 3 months of notice to proceed.
Consultant shall complete construction documents within 3 months of the City's formal approval of
initial design development drawings.
Exhibit A-1 —Tahquitz Canyon Way Median Landscaping Final Design (Section 14)
Page 1 of 5
RGA LANDSC.APEARCHITECTA INC.
December 15, 2010
Marcus Fuller
Asst.City Engineer/Asst Director of Public Works
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs,CA 92262
Phone: (760)322-8364
Fax: (760)322-8325
Email: Marcus.fuller@palmsprings-cagov
Dear Marcus:
RGA is pleased to submit a:proposal for landscape architectural design services for the Section 14
median island design. We.understand that If we are selected to provide these design services,we
will sign a City of Palm Springs consulting contract. Therefore, we are sending you a letter form
proposal which outlines our understanding of the scope of work and the fee.
Project Description
Design of the median islands, mid-block crossings and enhanced paving intersections on Tahquitz
Canyon Way in Section 14; an area extending from Indian Avenue to Sunrise Way(approximately
5,160 linear feet). The design will be based on the City of Palm Springs approved schematic
design for this area as illustrated in the"Tahquitz Canyon Way Sustainable Revitalization"study.
Scope of Work
The scope of work will include the following tasks:
1. Meet with City staff to discuss budget, schedule, hardscape and lighting material
choices and number and location of the mid-block crossings (we currently estimate 4 mid-
block crossings).
2. Field review the existing medians and mid-block crossing locations to verity existing curb
configurations and to locate observable utility locations, such as water meters, junction
boxes and other fixed objects in the medians. Note: It is understood that RGA will not be
locating below grade utilities, unless such information is provided by the City of Palm
Springs.
3. Initial design development drawings for review and discussion with City staff. These
drawings will include:
a. Hardscape plans and conceptual details, indicating paving design, mid-block
crossings, enhanced paving at intersections and curvilinear wall layout in medians.
74020Alessandm,Suite E.Palm Desert,C,92260.760.56&3624.FAX.760-773-5615
1850 Fifth Ave.,Suite:8.San Diego,CA 92101.619-293-0589.w rga-pd cam
CA Lie,*1532.AZ Lie#13754.NV Lic_#94
Exhibit A-1 —Tahquitz Canyon Way Median Landscaping Final Design (Section 14)
Page 2 of 5
b. Planting plans.
c. Light fixture location plan and fixture details.
d. Irrigation narrative.
e. Estimate of construction costs.
f. Meetings with City staff to review and modify the drawings (estimate of two
meetings).
4. Design development submittal drawings for review by ARC and Planning Commission.
Drawings will be in color,and will include:
a- Hardscape,planting and lighting plans incorporated into one presentation plan.
b. Enlargements of key areas, including typical mid-block crossing, two median islands
(one in the Urban Zone and one in the Resort ! Tribal Heritage Zone), cross
sections,detail enlargements of curvilinear walls,and intersection paving.
c. Perspective views of the medians and mid-block crossings(4 perspectives).
d. Preparation of hard copies and a'Power Point presentation.
e. Meetings with ARC, Planning Commission and City staff(estimate of meetings).
5. Construction documents, incorporating comments from the design development submittal
process,for final review by the City,and for use in obtaining permits and construction bids.
Construction documents will include:
a. Demolition plans indicating existing palms, paving and curb sections to be removed.
b. Hardscape plans and details. Note., the demolition of portions of,existng curbs and
addition of new cubs for the mid-block crossings; as welt as enhanced street paving
design, will be per City standard details. Civil engineering analysis: including grading
design and drainage studies, if required, will be by others.
c. Irrigation plans and details, including water use calculations and coordination with
DWA as needed.
d. Planting plans, indicating existing palms to remain and all new plant material in
common and botanical names,quantities and sizes.
e. Lighting plans, including fixture locations, electrical design, power hook-up locations,
power controls, and coordination with SCE as needed. Electrical design will be
provided by MRC Engineering,which will be a subconsullant to RGA.
f. Specifications and preparation of bid forms.
g. Updated estimate of costs.
h. Plan check corrections and agency coordination as needed.
74020 Alcssandrp.Suite E.Pant Dcson.CA 62260.7WS68-3624.FAX.760,773-5815
1850 FIM Ave..Suite 6.San Uego,CA 92101.61Y293-058@.w .rgo-pdxw
CA Lic.#1532.AZ Lic.#13754.W Lic.#94
Exhibit A-1 —Tahquitz Canyon Way Median Landscaping Final Design (Section 14)
Page 3 of 5
6. Construction administration phase,including:
a. Assistance with bidding,including response to questions and attendance at a pre-bid
meeting. Bid advertisement and distribution of documents will be by the City.
b. Attendance at a pre-construction meeting with the successful bidder and the City.
c. Response to RFI's and general office support during construction.
d. Site observations and site meetings during construction. Estimate of 12 site reviews.
She reviews will be in coordination with the City inspectors for any items relating to
street paving, sidewalk paving and curbs. Each observation to be followed by a
written report_
e. Submittal reviews.
f. Final review and maintenance check.
7. Deliverables.We will provide the following deliverables during the design and construction
phases:
a. One set of check prints for use by the City at each meeting.
b. Two sets of large scale exhibits,mounted on boards, for meetings with the ARC and
Planning Commission and a CD with PDFs of the presentation drawings.
c. One hardcopy of the final drawings and specifications, and a CD with AutoCAD files
and PDFs of the drawings and specifications.
Fee:
Our fee for the above described tasks will be as follows:
1. Design Phase
a. Design Development Phase(tasks 1-4): $37,500
b. Construction Documents(task5): $W,600
c. Electrical Engineering(task 5e): $ 6,800
Subtotal,Design Phase; $74,000
2. Construction Phase
a. Office support(tasks 6a,6b,6c and 6e): Hourly rates,to an estimate of: $ 5,500
b. Site observations and meetings(6d and 6f): Hourly rates,to an estimate of: $ 8,500
c. Electrical and lighting site review: hourly rates,to an estimate of'. $ 1,500
Subtotal,Construction Phase: $15,500
3. Deliverables: billed at cost, not to exceed:$4,000.
74M Alessandro.Suite E.Part DR W.CA 92260.7W566 3624.FAX.760.7735615
1 a50 FIM Awe.,Suite 6.San DI890.CA 92101.619.293-0589.v .tgB Pd.Can
CA Lic.#1532.AZ Lic.#13754.NV Lic.#94
Exhibit A-1 —Tahquitz Canyon Way Median Landscaping Final Design (Section 14)
Page 4 of 5
Our Hourly Rates are as follows:
Principal Landscape Architect: $165.00/hr Drafter: $80.00/hr
Associate Landscape Architect: $135.00/hr Secretary: $50.00/1hr
Please do not hesitate to contact me if you have any questions or if you would like to meet and
discuss our proposal.We look forward to working with you again.
Sincerely,
RGA LANDSCAPE ARCHITECTS, INC.
Ronald Gregory
President
RG/bc
Enclosure
74020 Aessandro,Suite E-Palm Deset.CA 92260.7M568-3624•FAX.760-773-5615
1850 Fin-Ave..Suite 8-San Diego..CA 92101-6i9-293.0589-WW W,rga-pd.com
CA Uc.#1532.AZ Uc.#13754.NV Uc.#94
END OF EXHIBIT "A-1"
Exhibit A-1 —Tahquitz Canyon Way Median Landscaping Final Design (Section 14)
Page 5 of 5
CONSULTING SERVICES AGREEMENT
RGA LANDSCAPE ARCHITECTS, INC.
TAHQUITZ CANYON WAY MEDIAN, CITY HALL & RIVERSIDE COUNTY
ADMINISTRATIVE OFFICES
CITY PROJECT NO. 08-20
THIS AGREEM.€NT FOR CONSULTING SERVICES (the "Agreement") is made
and entered into this* day of , 2009, by and between the City of Palm
Springs, a California charter city and municipal corporation ("City"), and RGA
Landscape Architects, Inc., a California corporation ("Consultant").
RECITALS
A. City requires professional landscape architectural services to develop
schematic landscape plans for the existing Tahquitz Canyon Way median (extending
from Indian Canyon Drive to El Cielo Road), Palm Springs City Hall (located at the
northwest corner of Tahquitz Canyon Way and El Cielo Road), and the Riverside
County Administrative Offices complex (located at the southwest corner of Tahquitz
Canyon Way and El Cielo Road) ("Project').
B. Consultant has submitted to City a proposal to provide Landscape
Architectural Services to City pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to City for the Project and desires to provide
such services.
D. City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, City agrees to retain and does hereby retain Consultant and
Consultant agrees to provide services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Landscape Architectural Services to City as
described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and
incorporated herein by reference (the "services" or "work"), which includes the agreed
upon schedule of performance and the schedule of fees. Consultant warrants that all
services and work shall be performed in a competent, professional, and satisfactory
manner in accordance with all standards prevalent in the industry. In the event of any
inconsistency between the terms contained in the Scope of Services/Work and the
terms set forth in the main body of this Agreement, the terms set forth in the main body
of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided by Consultant in accordance with all applicable federal, state, and local
laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and
expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that it has carefully considered how the work should be performed and fully
understands the facilities, difficulties, and restrictions attending performance of the work
under this Agreement.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Consultant is an
essential condition of this Agreement. Consultant shall prosecute regularly and
diligently the work of this Agreement according to the agreed upon schedule of
performance set forth in Exhibit "A." Consultant shall not be accountable for delays in
the progress of its work caused by any condition beyond its control and without the fault
or negligence of Consultant. Delays shall not entitle Consultant to any additional
compensation regardless of the party responsible for the delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. For the services rendered pursuant to
this Agreement, Consultant shall be compensated and reimbursed, in accordance with
the schedule of fees set forth in Exhibit "A," which total amount shall not exceed
$63,540.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to
City in the form approved by City's finance director, an invoice for services rendered
prior to the date of the invoice. Payments shall be based on the hourly rates as set forth
in Exhibit "A" for authorized services performed. City shall pay Consultant for all
expenses stated thereon, which are approved by City consistent with this Agreement,
within thirty (30) days of receipt of Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of
Services/Work is requested by City, the parties hereto shall execute a written
amendment to this Agreement, setting forth with particularity all terms of such
amendment, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Consultant's
profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the City Council of City for each fiscal year covered by
the Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
4.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit "A." The extension of any time period must be approved in writing by
the Contract Officer.
4.3 Force Maw. The time for performance of services to be rendered
pursuant to this Agreement may be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of
Consultant, including, but not limited to, acts of God or of a public enemy, acts of the
government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, and unusually severe weather if Consultant shall within ten (10)
days of the commencement of such condition notify the Contract Officer who shall
thereupon ascertain the facts and the extent of any necessary delay, and extend the
time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect until December 31,
2011, unless extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the services and work specified herein and make all
decisions in connection therewith: Ronald Gregory, President. It is expressly
understood that the experience, knowledge, education, capability, and reputation of the
foregoing principal is a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement
for directing all activities of Consultant and devoting sufficient time to personally
supervise the services hereunder. The foregoing principal may not be changed by
Consultant without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer,
or his/her designee, fully informed of the progress of the performance or the services
and Consultant shall refer any decisions that must be made by City to the Contract
Officer. Unless otherwise specified herein, any approval of City required hereunder
shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assi nment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and
employees, were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not contract with any other individual or entity to perform in
whole or in part the services required hereunder without the express written approval of
City. In addition, neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of City.
5.4 Independent Contractor. Neither City nor any of its employees shall
have any control over the manner, mode, or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an independent contractor of
City and shall not be an employee of City and shall remain at all times as to City a
wholly independent contractor with only such obligations as are consistent with that role;
however, City shall have the right to review Consultant's work product, result, and
advice. Consultant shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City.
5.5 Personnel, Consultant agrees to assign the following individuals to
perform the services set forth herein. Consultant shall not alter the assignment of the
following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager, the City shall have the unrestricted right to order the removal
of any personnel assigned by Consultant by providing written notice to Consultant.
Name: Title:
Ronald Gregory President
Rob Parker Designer
Reuel Young Design Consultant
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
Insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's
sole cost and expense), indemnify, protect, and hold harmless City, its elected officials,
officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from
and against any and all liabilities, actions, suits, claims, demands, losses, costs,
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and
expenses including legal costs and attorney fees (collectively "Claims"), including but
not limited to Claims arising from injuries to or death of persons (Consultant's
employees included), for damage to property, including property owned by City, from
any violation of any federal, state, or local law or ordinance, and from errors and
omissions committed by Consultant, its officers, employees, representatives, and
agents, which Claims arise out of or are related to Consultant's performance under this
Agreement, but excluding such Claims arising from the 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 hereunder.
& RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. Consultant shall keep such books and records as shall be
necessary to properly perform the services required by this Agreement and enable the
Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such
records.
83 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of
the Contract Officer or upon the termination of this Agreement, and Consultant shall
have no claim for further employment or additional compensation as a result of the
exercise by City of its full rights or ownership of the documents and materials
hereunder. Consultant may retain copies of such documents for its own use.
Consultant shall have an unrestricted right to use the concepts embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer.
8.5 Cost Records. Consultant shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred while performing under this Agreement and shall make such materials
available at its offices at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment for inspection by City and copies thereof
shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Consultant covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of City shall be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant. Any
waiver by either party of any default must be in writing and shall not be a waiver of any
other default concerning the same or any other provision of this Agreement.
9,3 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative 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.
9.4 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the
purposes of this Agreement.
9.5 Termination Prior to Expiration of Term. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Consultant, except that where termination is due to the fault of
Consultant and constitutes an immediate danger to health, safety, and general welfare,
the period of notice shall be such shorter time as may be determined by the City. Upon
receipt of the notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer.
Consultant shall be entitled to compensation for all services rendered prior to receipt of
the notice of termination and for any services authorized by the Contract Officer
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty
(30) days written notice to City.
10. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of City shall be personally liable to the Consultant, or any successor-in-interest, in the
event of any default or breach by City or for any amount which may become due to the
Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
10.2 Covenant Against Discrimination. Consultant covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group of persons on account of
race, color, creed, religion, sex, marital status, disability, sexual orientation, national
origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by pre-paid, first-class
mail to the address set forth below. Either party may change its address by notifying
the other party of the change of address in writing. Notice shall be deemed
communicated seventy-two (72) hours from the time of mailing if mailed as provided in
this Section.
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Ronald Gregory, President
RGA Landscape Architects, Inc.
74020 Alessandro, Suite E
Palm Desert, CA 92260
11.2 Integrated_Agreement, This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 Seyerability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained In this Agreement shall be
declared invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be
Interpreted to carry out the intent of the parties hereunder.
11.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
[SIGNATURE PAGE SEPARATELY ATTACHED]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"CITY"
City of Palm Springs
Date:
David H. Ready
City Manager APPROVED BY CITY COUNCIL
APPROVED AS TO FORM: ATTEST
By: Gf�t✓1 By: _ ..
Dou ,las C. Holland, Ties Thompson,
City Attorney ity Clerk
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.
"CONSULTANT"
RGA Landscape Architects, Inc.
Date: By : L\tJ "
(ry me) FU
(title)
i
Date: _�/ A m `� /' �,
(name)
(Title)
Contractor Name: Check one—individual—Partnership—Corporation
Address
City State Zip Code
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of `11 i USX 5 /-Z) r
On .��3i/CJ% before me,/ / 113s[t��[[;
Date Here Insert Name and TIIc of the Officer r
personally appearedl
J Namcq j)of Slgnorts)
who proved to me on the basis of satisfactory evidence to
be the persono whose narri is/am,-subscribed to the
within instrument and acknowledged to me that
he/sN Ahuy executed the same in his/her/their authorized
capacity(ie�, and that by his/hedfftN? signafure(�6.on the
instrument the person(,, or the entity upon behalf of
MARI LYNN BOSWELL which the person acted, executed the instrument.
COMM.01570678
XW NOTARY PUBLIC•CALIFORNIA u
X RIVERSIDE COUNTY I certify under PENALTY OF PERJURY under the laws
Commission Ex ires APR 18,2009 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature ,0Llllr
Place Notary Seal Above ,Signature of brotary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
�' 3r��Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
//
I �I
Signer's Name:r�-c7Ld ll Signer's Name:
❑ Individual � ❑ Individual
2'Corporate Officer—Title(s): 7 rC.S L7 Corporate Off icer—Title(s):
❑ Partner—❑ Limited ❑ General _ ❑ Partner—F Limited ❑ General
❑ Attorney in Fact El Attorney in Fact
❑ Trustee "r°P°f thumb here 0 Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
_
QQD07 Nap°nal Notary A-ociatIon•9350 De Soto Ave.,PD.Dnx 2402•ChaL rth CA 91313.24o2,w .NadonalN°latyerg Item It5907 aeoider.CSIIToII•eccl•SDD•873-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
-
__ cY`:.„�w�^�rtirz�.c����•��r..ct=,Ge.�eeerer�;�
State of California
County of , le rS i C� C n p
On�iY , ZOC� before me, T� � tu_�� a, NtCk0Lsi 0YQfryF0 C
to � Here Insert mma and I itle of the ummr r
personally appeared�� ✓ °A CU r'L)/ C
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who proved to me on the basis of satisfactory evidence to
be the person(k) whose name(/atcsubscribed to the
with n instrument and acknowledwed to me that
hre he)tbW executed the same in her/ca he_it authorized
act - "
%cFelb. JYCItX A. NICHOL! p �'�• and that by iai Der sfgnature(�s) on the
instrument the personnN, or the entity upon behalf of
Commission uwn ri�rub11C -CalllorrlW ry Nota which the person0 acted, executed the instrument.
fan Nrnoraino County
Carter, t I certify under PENALTY OF.PERJURY under the laws
of the State of California thaf the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signatur �
Placo NPlary Goal Above y Ignature eI Nogry Publi
OPTIONAL ,/
Though the information below is not required by law, it may prove valuable to persons relying on the dooPment
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached/Document
Title or Type of Document: (i /7�SU�! l_Y! q, P rf// [ PS r Q P dyd eUl7
Document Date: Number of Pages:
's� /
Signer(s) Other Than Named Above: m ' p f}r
Capacity(ies) gClaimed by Signer(s)
Signers Name:J_10 r c OJ C•--n r e—q 0 1- V Sign •s Name:
❑ Individual f / ❑ Indivl al
G��orporate0fficer—Title(s): GV �O ❑ Corporate Icer—Title(s):
❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Li d ❑ General
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing Signerls Representing:
- - Nmow_
m 200]NeOonal NOLSry Asocquon•9360 Da 6oto Ave. PO Box 2A02•ChaL rlh,CA 9i3�3-2402•wmv NatlonalNolaryorg Item M690] Pco,dor Call Toll-Free 1A00A]6-662]
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Exhibit "A"
Scope of Work, Schedule of Fees, and Schedule of Performance
SCOPE OF WORK
General Scope of Work: Consultant shall provide professional landscape architectural
services to develop schematic landscape plans for the existing Tahquitz Canyon Way median
(extending from Indian Canyon Drive to El Cielo Road), Palm Springs City Hall (located at the
northwest corner of Tahquitz Canyon Way and El Cielo Road), and the Riverside County
Administrative Offices complex (located at the southwest corner of Tahquitz Canyon Way and El
Cielo Road).
Consultant shall prepare a professional schematic landscape plan to convert the existing
Tahquitz Canyon Way median landscaping to a desert-landscape, drought tolerant, and
sustainable landscape that balances the Mayor's call for sustainability while maintaining the
enduring vision of greenery and colorful annuals for Palm Springs tourists. Drought tolerant,
sustainable landscaping should be dominant, but not the only landscape concept. The
landscape plan shall include concepts for landscaping the Palm Springs City Hall and Riverside
County Administrative Offices complex.
This project is a highly visible, important architectural project for the City of Palm Springs.
Consultant shall prepare a well conceived, "Palm Springs" design for the landscaping. The
project will require collaboration with the community, City staff, as well as, the Architectural
Advisory Committee, the Planning Commission, and City Council. Processing the schematic
landscape architectural plans through the City's Major Architectural Approval process is
required.
Consultant shall attend various City meetings to discuss and finalize preliminary schematic
drawings. The consultant shall be expected to present preliminary concepts, incorporate
comments and revisions, and present final schematic drawings.
The following project coordination shall be expected:
1. Coordinate with City staff, Southern California Edison and Desert Water Agency (TWA)
as required to determine project parameters and constraints, landscape installation,
operation and maintenance issues; collect data and record information.
2. Prepare and present proposed landscape architectural schematic plans to City staff, the
Architectural Advisory Committee, the Planning Commission, and the City Council, as
may be required, using appropriate visual aids, including maps, slides and handouts;
revise as required.
3. Perform project management and project schedule maintenance to ensure that the
project timeline is adhered to and deadlines are met.
An overall Scope of Work is described below:
Design Schematic Phase
Review the existing Tahquitz Canyon Way median, City Hall, and Riverside County
Administrative Complex, constructed improvements; collect record information including
proposed City Hall parking lot remodeling and resurfacing plans, and inventory existing
improvements (utility locations, services (if any), raised median layout, etc.); record information
will be made available as necessary, field review and inspection of existing facilities will be
required.
Exhibit "A"
Scope of Work, Schedule of Fees, and Schedule of Performance
Prepare preliminary landscape design schematic plans:
• Schematic plans are defined as plans that include not only landscaping and irrigation
concepts, but details of locations and sizes of plants, boulders, grass and annuals, but need
not include specifications, irrigation drawings, or construction drawings
• Emphasize aesthetics
• Incorporate a unique "Palm Springs" design that balances the need to provide a visual
gateway for tourists into and out of Palm Springs from the Palm Springs Airport
• Prepare appropriate full-color visual aids, including proposed plant palette, tree and shrub
layout at mature growth, cross-sections, maps, and other media necessary to adequately
present the proposed schematic plan
Present schematic plans:
• Present plans to City staff; revise as necessary
• Present plans to Architectural Advisory Committee, Planning Commission, and City Council;
revise as necessary
• Obtain formal approval of plans through the City's Major Architectural Approval Process, up
to and including formal approval by the City Council
Prepare construction estimate:
• Develop a construction estimate for installation of the schematic landscaping improvements,
including a budget for associated irrigation system
Deliverables:
1. Project coordination, attendance at required meetings, and presentations of preliminary and
final schematic drawings.
2. Complete professional preliminary landscape architectural schematic drawings and
renderings, as required and necessary to obtain approvals of City staff, the Architectural
Advisory Committee, Planning Commission, and City Council.
3. Construction estimate based on approved schematic landscape plans.
In accordance with Consultant's Work Proposals, the above described general scope of work
shall be defined as.-
Task 1 "Determine Project Parameters", which shall include among other things:
• Meet with City staff to discuss goals, constraints and aesthetics. Prepare narrative of goals
based on outcome of meetings.
• Discuss proposed timeline, and adjust as needed.
• Gather information from City on existing site conditions and prepare base sheet.
Task 2 "Preliminary Schematic Design", which shall include among other things:
• Prepare preliminary schematic design.
• Submit to City for review and comment.
• Revise as necessary to address City comments.
• Submit and present to AAC for review.
Task 3 "Schematic Design", which shall include among other things:
• Prepare overall plan indicating the entire area of design with a vicinity map;
• Provide enlargements of key areas in plan view;
• Prepare cross sections of selected areas;
Exhibit "A"
Scope of Work, Schedule of Fees, and Schedule of Performance
• Provide perspectives of key areas, and of City Hall (approx. 7 perspectives);
• Provide landscape narrative for planting, inorganic elements and irrigation;
• Provide image boards depicting photos of proposed plants and inorganic material;
• Provide plant palette;
• Provide estimate of construction costs for planting, inorganic elements and irrigation;
• Revise schematic plans incorporating comments from Planning Commission and City
Council
SCHEDULE. OF FEES
Task 1 "Determine Project Parameters": $12,330
Task 2 "Preliminary Schematic Design": $22,830
Task 3 "Schematic Design": $23,880
Reimbursable Expenses $4,500
Total $63,540
Note: All design fees are lump sum, not to exceed. All services shall be provided as described
in the Scope of Work, as required in the City's Request for Proposals solicitation document and
Consultant's Work Proposal, for the fixed fees indicated above, regardless of the total actual
hours required to perform the services.
Consultant shall provide monthly invoices identifying progress made, and indicate percentage
completion of the tasks identified for payment purposes.
Reimbursable expenses shall be paid with monthly invoices, up to the not to exceed allowance
of S4,500. Receipts for expenses reimbursed with monthly invoices shall be provided to the
City.
SCHEDULE OF PERFORMANCE
The Consultant shall provide the services required in accordance with the Consultant's work
schedule, generally defined as:
Completion of Task 1: 3 weeks
Completion of Task 2: 6 weeks
Completion of Task 3: 14 weeks
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
the City, public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's performance under
this Agreement. Consultant shall also carry workers' compensation insurance in
accordance with California workers' compensation laws. Such insurance shall be kept
in full force and effect during the term or this Agreement, including any extension
thereof, and shall not be cancelable without thirty (30) days advance written notice to
City of any proposed cancellation. Certificates of insurance evidencing the foregoing
and designating the City, its elected officials, officers, employees, agents, and
volunteers as additional named insureds by original endorsement shall be delivered to
and approved by City prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the
same shall not be construed as a limitation of Consultant's obligation to indemnify City,
its elected officials, officers, agents, employees, and volunteers.
A. Minimum Scone of Insurance. The minimum amount of insurance
required hereunder shall be as follows-
1. Comprehensive general liability and personal injury with limits of at
least one million dollars ($1,000,000.00) combined single limit coverage per occurrence
and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million
dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance (*WAIVEQ)
with limits of at least one million dollars ($1,000,000.00) per occurrence and two million
dollars ($2,000,000) annual aggregate; and,
4. Workers' Compensation insurance in the statutory amount as
required by the State of California and Employer's Liability Insurance with limits of at
least one million dollars $1 million per occurrence. If Consultant has no employees,
Consultant shall complete the City's Request for Waiver of Workers' Compensation
Insurance Requirement form.
For any claims related to this Agreement, Consultant's insurance coverage shall
be primary insurance as respects City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by City
and its respective elected officials, officers, employees, agents, and volunteers shall be
in excess of Consultant's insurance and shall not contribute with it. For Workers'
Compensation and Employer's Liability Insurance only, the insurer shall waive all rights
of subrogation and contribution it may have against City, its elected officials, officers,
employees, agents, and volunteers.
B. Errors and Omissions Coverage. (*WAIVED) If Consultant provides
claims made professional liability insurance, Consultant shall also agree in writing either
(1) to purchase tail insurance in the amount required by this Agreement to cover claims
made within three years of the completion of Consultant's services under this
Agreement, or (2) to maintain professional liability insurance coverage with the same
carrier, or equivalent coverage with another company, in the amount required by this
Agreement for at least three years after completion of Consultant's services under this
Agreement. Consultant shall also be required to provide evidence to City of the
purchase of the required tail insurance or continuation of the professional liability policy-
C. Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be
provided by insurers admitted in the State of California with an A.M. Best's Key Rating
of B++, Class VII, or better, unless otherwise acceptable to the City.
D. Verification of Coverage. Consultant shall furnish City with both
certificates of insurance and endorsements, including additional insured endorsements,
effecting all of the coverages required by this Agreement. The certificates and
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All proof of insurance is to be received and approved by the City before
work commences. City reserves the right to require Consultant's insurers to provide
complete, certified copies of all required insurance policies at any time. Additional
insured endorsements are not required for Errors and Omissions and Workers'
Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General
and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an
acceptable Certificate of Liability Insurance Coverage with an approved Additional
Insured Endorsement with the following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named
as an additional insured..." ("as respects City of Palm Springs Contract No._"or 'Tor
any and all work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No._" or
"for any and all work performed with the City' may be included in this statement).
3. "Should any of the above described policies be canceled before the
expiration date thereof, the issuing company will mail 30 days written notice to the
Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" is not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of City, its elected officials, officers,
employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the
City before work commences. All certificates of insurance must be authorized by a
person with authority to bind coverage, whether that is the authorized agent/broker or
insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Consultant's obligation to provide them.
E. Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City prior to commencing
any work or services under this Agreement. At the option of the City, either the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its elected officials, officers, employees, agents, and volunteers; or, Consultant
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration, and defense expenses. Certificates of Insurance must include evidence
of the amount of any deductible or self-insured retention under the policy. Consultant
guarantees payment of all deductibles and self-insured retentions.
F. Severability of Interests (Separation of Insureds). This insurance
applies separately to each insured against whom claim is made or suit is brought except
with respect to the limits of the insurer's liability.
9 OF A
CITY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS # 07-09
PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICES for
TAHQUITZ CANYON WAY MEDIAN, CITY HALL, & RIVERSIDE COUNTY ADMINISTRATIVE
OFFICES
I. BACKGROUND INFORMATION AND GENERAL DESCRIPTION
The City of Palm Springs, California is requesting proposals from qualified firms or individuals to
provide professional landscape architectural services to develop schematic landscape plans for
the existing Tahquitz Canyon Way median (extending from Indian Canyon Drive to El Cielo
Road), Palm Springs City Hall (located at the northwest corner of Tahquitz Canyon Way and El
Cielo Road), and the (former) Riverside County Administrative Offices complex (located at the
southwest corner of Tahquitz Canyon Way and El Cielo Road).
On May 29, 2008, Mayor Steve Pougnet issued a call to the citizens of Palm Springs to join him
on "The Palm Springs Path to Sustainability", and "20 First Steps on Sustainability" agreed upon
by the Palm Springs City Council on May 21, 2008, including:
2. Complete a comprehensive water audit of all public buildings and facilities and develop an
action plan that will reduce City water usage by 50% by 2012; and
5. Identify City Hall as a showcase for public sustainability efforts and a model for energy,
water and waste conservation; and
9. Implement a model re-landscaping project showcasing the Tahquitz Median from the airport
to downtown by the end of 2009.
The purpose of this Solicitation is to obtain a professional schematic landscape plan to convert
the existing Tahquitz Canyon Way median landscaping to a desert-landscape, drought tolerant,
and sustainable landscape that balances the Mayor's call for sustainability while maintaining the
enduring vision of greenery and colorful annuals for Palm Springs tourists. Drought tolerant,
sustainable landscaping should be dominant, but not the only landscape concept. The
landscape plan will include concepts for landscaping the Palm Springs City Hall and (former)
Riverside County Administrative Offices complex. Note that the County office building is owned
by the City of Palm Springs and the County is not participating in this RFP process or the
resulting contract.
This project is a highly visible, important architectural project for the City of Palm Springs. A
well conceived,""Palm Springs" design for the landscaping is expected. The project will require
collaboration with the community, City staff, as well as the Architectural Advisory Committee,
the Planning Commission, and City Council. Processing the schematic landscape architectural
plans through the City's Major Architectural Approval process is required.
2
Palm Springs lies on the western edge of the Coachella Valley in central Riverside County
approximately 107 miles east of Los Angeles. It is within the ecological area known as the
Colorado Desert and is 487 feet above sea level. Rising behind the downtown is the impressive
Mt. San Jacinto, elevation 10,831 feet. Palm Springs covers a geographical area of 96 square
miles with well-established neighborhoods. The permanent population is approximately 45,731,
with another estimated 27,000 people living in the city in the winter, bringing the total population
to almost 73,000 residents during the winter season. The city is governed by 5 elected Council
members, including the Mayor.
The city actively participates in regional energy and environmental conservation activities and
recently adopted the Mayor's Climate Change Resolution. A Resource Conservation
Commission was formed in October 2007. The city has also engaged local leaders from
government, schools, utilities, neighborhood associations, non-profits, environmental
organizations and businesses to participate in a Leadership Council to guide and oversee the
development and implementation of the community plan.
On September 17, 2008, the City Council approved a consulting services agreement with
Cogan, Owens, Cogan to develop the City's overall Sustainability Master Plan. The consultant
that is awarded this contract will be responsible for leading a community process to implement
one of the important goals listed in the Council's "20 First Steps on Sustainability", as well as
coordinating with the City's sustainability consultant and the Leadership Council on this project.
II. PROJECT GOALS, SUMMARY AND SCOPE OF SERVICES TO BE PROVIDED
The goal of the proposed project is to prepare schematic landscape architectural plans for the
conversion of the existing Tahquitz Canyon Way median landscaping to a more sustainable
landscaping, including schematic plans for sustainable landscaping at Palm Springs City Hall
and the Riverside County Administrative Complex.
This project will require the design consultant to attend various City meetings to discuss and
finalize preliminary schematic drawings. The consultant shall be expected to present
preliminary concepts, incorporate comments and revisions, and present final schematic
drawings.
The following project coordination shall be expected:
1. Coordinate with City staff, Caltrans, Southern California Edison and Desert Water
Agency (DWA) as required to determine project parameters and constraints, landscape
installation, operation and maintenance issues; collect data and record information.
2. Prepare and present proposed landscape architectural schematic plans to City staff, the
Architectural Advisory Committee, the Planning Commission, and the City Council, as
may be required, using appropriate visual aids, including maps, slides and handouts;
revise as required.
3. Perform project management and project schedule maintenance to ensure that the
project timeline is adhered to and deadlines are met.
4. Perform all utility coordination and obtain all clearances.
3
An overall Scope of Work is described below:
Design Schematic Phase
❑ Review the existing Tahquitz Canyon Way median, City Hall, and Riverside County
Administrative Complex, constructed improvements; collect record information including
proposed City Hall parking lot remodeling and resurfacing plans, and inventory existing
improvements (utility locations, services (if any), raised median layout, etc.); record
information will be made available as necessary, field review and inspection of existing
facilities will be required.
❑ Prepare preliminary landscape design schematic plans:
• Schematic plans are defined as plans that include not only landscaping concepts,
but details of locations and sizes of plants, boulders, grass and annuals, but
need not include specifications, irrigation drawings, or construction drawings
• Emphasize aesthetics
• Incorporate a unique "Palm Springs" design that balances the need to provide a
visual gateway for tourists into and out of Palm Springs from the Palm Springs
Airport
• Prepare appropriate full-color visual aids, including proposed plant palette, tree
and shrub layout at mature growth, cross-sections, maps, and other media
necessary to adequately present the proposed schematic plan
❑ Present schematic plans:
• Present plans to City staff; revise as necessary
• Present plans to Architectural Advisory Committee, Planning Commission, and
City Council; revise as necessary
• Obtain formal approval of plans through the City's Major Architectural Approval
Process, up to and including formal approval by the City Council
❑ Prepare construction estimate:
• Develop a construction estimate for installation of the schematic landscaping
improvements, including a budget for associated irrigation system
As a minimum, the consultant shall be expected to deliver the following items:
❑ Project coordination, attendance at required meetings, and presentations of preliminary
and final schematic drawings.
Cl Complete professional preliminary landscape architectural schematic drawings and
renderings, as required and necessary to obtain approvals of City staff, the Architectural
Advisory Committee, Planning Commission, and City Council.
❑ Construction estimate based on approved schematic landscape plans.
Ill. SCHEDULE
Request for Proposals posted and Notice issued ..................................Friday, October 17, 2008
Deadline for receipt of Questions................................................Thursday, November 6, 2008
Deadline for receipt of Proposals................................................... Friday, November 14, 2008
Short List determined (*if desired by City)...................................*tentatively late November 2008
Interviews (*if desired by City)............................................ *tentatively early/mid December 2008
Contract awarded by City Council........................................................ *tentatively January 2009
IV. MINIMUM QUALIFICATIONS AND REFERENCE CONTACT INFORMATION
4
I
The selected consultant must have the requisite training and experience with developing
sustainable landscaping in a desert climate; should be familiar with landscaping concepts used
in similar tourist destinations in the greater southwest, such as the Las Vegas and Phoenix
metro areas; and must demonstrate prior experience balancing the use of less sustainable
landscape materials to create an "Oasis" for a tourist destination, while maintaining an overall
sustainable landscape plan.
The selected consultant must possess current and valid registration in California as a
Landscape Architect.
The consultant must have performed similar work on other projects and must include citations
for this work in the proposal submitted. Please include a project list with contacts, including full
name and current phone numbers, for all similar projects that have been completed in the past
five (5) years. Identify the key personnel who worked on the referenced projects and who are
expected to work on this project.
V. PROPOSAL REQUIREMENTS
The Consultant's proposal should describe the methodology to be used to accomplish each of
the project tasks and services expected as defined in the Scope of Work. The proposal should
also describe the work that shall be necessary to satisfactorily complete the tasks and service
requirements.
Please note that this Request for Proposal 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 Proposing Consultant/Firm to be knowledgeable of the
general areas identified in the Scope of Work and of adequate competence 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 Consultant's
agreement which do not involve a substantial change from the general Scope of Work identified
in this Request for Proposal.
The following criteria shall be observed:
❑ The submittal should not exceed 20 pages (sheets of paper), double sided (8Yz" by 11
including cover letter, organization chart, staff resumes and appendices. Dividers,
Attachment"A" and Addenda acknowledgments do NOT count toward the 20 page limit-
CI
One (1) unbound original plus Seven (7) bound copies for a total of Eight (8)
proposals are required. Facsimile (fax), email or other electronically transmitted
proposals will not be accepted.
❑ Responses to this Request for Proposal shall be organized into five categories as
follows:
1. Information on the Firm, In this section the respondent shall provide a brief
introduction, address the size of the firm, the number of years in business, the
availability of the firm to perform the tasks and services requested, and the history of the
firm_ Include key contact information (address, phone, fax, and email).
2. Key Personnel. Provide a brief resume for each of the key persons proposed to work
on this project. Credentials of corporate executives or firm principals are not necessary
or desired unless these individuals will play an active role in the proposed project. Any
5
key sub-consultants proposed should be identified, and information on their respective
role in the project shall be included.
3. Past Experience/References. In this section, the respondent should list no less than
five (5) previous projects to be used as references. The projects listed should
demonstrate specific experience with the proposed scope of services contained in this
RFP. Please highlight areas of special expertise and any unique qualifications. A
contact name and current phone number for each reference shall be provided.
4. Understanding of Scope of Work and Work Proposal. In this section, proposers
are requested to demonstrate their understanding of the tasks and services requested in
the Scope of Work, and provide their Work Proposal/Approach to accomplish the tasks,
including a timeline.
5. Cost Proposal. The City does NOT have a specific budget or estimated/anticipated
cost for this project. In this section, proposers shall include a detailed cost estimate for
completion of the scope of services with cost breakdowns by scope element. All
professional fees, hourly rates, travel costs, clerical & communications costs, and any
other "special' costs must be clearly identified and defined. In addition, an hourly rate
for any additional services that were not originally requested in the Scope of Work, but
may be added at the discretion of the City, shall also be included. Note that the Cast
Proposal, including all fees and compensation shall remain firm for a minimum of 90
days from the proposal submission deadline.
❑ The prospective Consultant shall designate, by name, the project manager to be
employed for this project. Substitution of the project manager by the selected
consultant will not be allowed without prior approval by the City of Palm Springs.
❑ All proposals must be received in the City of Palm Springs, Division of Procurement and
Contracting by 2.00 P.M. LOCAL TIME FRIDAY NOVEMBER 14 2008 . Proof of
receipt before the deadline is a City of Palm Springs, Division of Procurement and
Contracting date stamp. It is the responsibility of the Proposer to see that any proposal
sent through the mail, or any other delivery method, shall have sufficient time to be
received by the Procurement Office prior to the proposal due date and time. Late
proposals will be returned to the Proposer unopened. Proposals shall be clearly
marked and identified and must be submitted to:
City of Palm Springs
Division of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Craig L. Gladders, C.P.M., Procurement& Contracting Manager
QUESTIONS: Proposers, their representatives, agents or anyone else acting on their
behalf, are specifically directed NOT to contact any city employee, commission member,
committee member, council member, or other agency employee or associate for any
purpose related to this entire RFP process other than as directed below. Contact with
anyone other than as directed below may be cause for rejection of a proposal.
ANY questions, technical or otherwise, pertaining to this Request for Proposal must be
submitted IN WRITING and directed ONLY to:
6
Craig L. 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@1)aImsorings-ca.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 2:00 P.M., Local Time, THURSDAY, NOVEMBER 6, 2008. 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.
❑ Each proposal must include two sealed envelopes.
Envelope ##1, clearly marked "Work Proposal", shall include the following items:
• Completed Signature Authorization and Addenda Acknowledgment (see
Attachment A).
• Qualifications of key personnel assigned to this project.
• Related Experience; include relevant experience (references) including date,
name of agency, contact person and contact information.
• Technical proposal — describe in detail your approach and understanding of all
necessary tasks and steps involved in the project; include a list of deliverables
• Project schedule (timeline), showing various anticipated tasks and steps from
preliminary phase, through design, and construction phases.
Envelope #2, clearly marked "Cost Proposal", shall include the following item:
• Cost proposal — The City will use a "Cost Per Unit of Work" method to pay for
professional services relating to the Work Proposal. Proposers should include a
detailed cost estimate identifying all direct, indirect, and overhead costs
associated with each task required. Describe how your firm will control costs and
minimize costs for design and construction. Do NOT include Attachment "A" in
the Cost Proposal envelope. Attachment "A" is to be included in Envelope #1.
Important Note: The successful Proposer 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 — Attachment "B" hereto. Please note that
Exhibit A is intentionally not complete in the attached document. The exhibit will be negotiated
with the selected firm and will appear in the final Professional Services Agreement executed
between the parties. Any exceptions to the language contained in the RFP or sample
agreement must be included in the Proposal submitted and clearly defined. Exceptions to the
City's standard boilerplate professional services agreement, including the insurance
requirements, may be considered in the evaluation process.
Failure or refusal to enter into an Agreement as herein provided or to conform to any of the
stipulated requirements in connection therewith shall be just cause for an annulment of the
award. If the highest ranked Proposer refuses or fails to execute the Agreement, the City may,
at its sole discretion, enter negotiations with and award the Contract to the second highest
ranked Proposer, and so on.
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VI. RESPONSIBILITY OF PROPOSER
All project proposers shall be responsible. If it is found that a proposer is irresponsible (e.g., has
not paid taxes, is not a legal entity, submitted a proposal without an authorized signature,
falsified any information in the proposal package, etc.), the proposal shall be rejected.
VII. CONSULTANT SELECTION
C] Each proposal will be reviewed by an evaluation committee to determine if it meets the
proposal requirements. Failure to meet the requirements for the Request for Proposal
may be cause for rejection of the proposal.
❑ The evaluation committee may, at its sole option, ask for interviews or oral presentations
by any proposer(s) participating in this process. Attendance at any such interview will be
at the Proposer's expense.
❑ A final selection of the consultant will be determined following review of all work
proposals and/or formal oral presentations. The evaluation committee will make a
recommendation of the selected consultant for a contract to be awarded by the City
Council.
❑ The selected consultant will work closely with City staff throughout the duration of the
project. A consulting firm will be selected for final negotiation of a contract based upon
the following factors:
• Firm Qualifications/References: Past experience in projects related to the
outlined Scope of Work; experience with similarly highly visible public sustainable
landscape projects—(15%).
• Project Managers/Staff Qualifications: Qualifications of the staff assigned to
manage and provide services related to the project; experience with similarly
highly visible public projects; experience with sustainable landscape projects --
(25%).
• Project Understanding: Degree of understanding of the project and familiarity
with desert areas; understanding of similarly highly visible public projects, and
related architectural approval processes —(25%).
• Scope of Work: 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 —(25%).
• Project Schedule: Thoroughness and reasonableness of the project schedule;
ability to maintain the project within the selected time frame; demonstration of
ability to rp ovide approved schematic design by June 2009--(10%)_
• Project Cost: The project cost will be considered after selection of the best
proposal; no weight shall be given to the cost in the selection of the consultant.
A contract shall be negotiated with the selected consultant on the basis of the
submitted cost proposal, and in consideration of reasonable and mutually agreed
project costs and time requirements.
❑ Award of Contract: It is the City's intent to award a single contract to the firm that can
best meet the requirements of the Request for Proposal document. The City reserves the right
to award a contract to multiple firms or a single firm 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
8
scheduled City Council meeting after the evaluation committee has made its final selection of
the consultant to be recommended for award. The decision of the City Council will be final.
❑ Public Record: Proposer's attention is drawn to the fact that all proposal documents
submitted are subject to the California Code Section 6250 et seq., commonly known as the
Public Records Act. Information contained in the proposals and associated RFP documents
may be made public after the review process has been completed, negotiations have concluded
and a recommendation for award has been officially agendized for City Council consideration,
and/or following award of contract, if any, by the City Council.
❑ Cost related to Proposal preparation: The City will NOT be responsible for any costs
incurred by any Proposer in the preparation or submittal of their respective proposal.
❑ Business License: The successful proposer that is awarded the contract will be
required to be licensed in accordance with the City of Palm Springs Business License
Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax"_
❑ Proposal informalities or defects: The City of Palm Springs reserves the right to
waive any informality or technical defect in a Proposal and to accept or reject, in whole or in
part, any or all Proposals and to advertise for new Proposals, 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 Proposer to perform the Work and the Proposer shall
furnish to the City all such information and data for this purpose as the City may request. The
City reserves the right to reject any Proposal if the evidence submitted by or investigation of
such Proposer fails to satisfy the City that such Proposer is properly qualified to carry out the
obligations of the Contract and to complete the Work contemplated therein.
❑ Signed Proposal and Exceptions: Submission of a signed Proposal will be interpreted
to mean that Proposer 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
must be submitted with the proposal and clearly defined. Exceptions to the City's RFP
document or standard boilerplate language, terms or conditions may be considered in the
evaluation process.
9
ATTACHMENT "A"
RFP 07-09
PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES
TAHQUITZ CANYON WAY MEDIAN,
PALM SPRINGS CITY HALL &
RIVERSIDE COUNTY ADMINISTRATIVE OFFICES
*NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR TECHNICAL
PROPOSAL (ENVELOPE #I)*
SIGNATURE AUTHORIZATION
NAME OF PROPOSER/FIRM:
A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs
for the above listed individual or company. I certify that I have the authority to bind
myself/this company in a contract should I be successful in my proposal.
SIGNATURE
J
PRINT NAME
B. The following information relates to the legal contractor listed above, whether an
individual or a company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
_An individual;
A partnership, Partners' names:
A company;
A corporation
2. My tax identification number is:
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by
including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued
may result in your proposal being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # is/are hereby acknowledged.
10
ATTACHMENT "B"
SAMPLE AGREEMENT
CONSULTING SERVICES AGREEMENT
(identify by inserting consultant nanie far Landscape Architectural Services)
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and
entered into this _ day of 2008, by and between the City of Palm Springs, a
California charter city and municipal corporation ("City"), and a
("Consultant").
RECITALS
A_ City requires professional landscape architectural services to develop schematic
landscape plans for the existing Tahquitz Canyon Way median (extending from Indian Canyon
Drive to El Cielo Road), Palm Springs City Hall (located at the northwest corner of Tahquitzr.
Canyon Way and El Cielo Road), and the Riverside County Administrative Offices complex
(located at the southwest corner of Tahquitz Canyon Way and E1 Cielo Road) ("Project").
B. Consultant has submitted to City a proposal to provide Landscape Architectural
Services to City pursuant to the terms of this Agreement-
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to City for the Project and desires to provide such
services-
D. City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements contained
herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide
services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Landscape Architectural Services to City as described in
the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein
by reference (the "services" or "work"), which includes the agreed upon schedule of
perfonnance and the schedule of fees. Consultant warrants that all services and work shall be
performed in a competent, professional, and satisfactory manner in accordance with all standards
prevalent in the industry. In the event of any inconsistency between the terms contained in the
Scope of Services/Work and the terms set forth in the main body of this Agreement, the terms set
forth in the main body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall be
provided by Consultant in accordance with all applicable federal, state, and local laws, statutes
and ordinances and all lawful orders, rules, and regulations promulgated thereunder.
11
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that
it has carefully considered how the work should be performed and fully understands the
facilities, difficulties, and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A."
Consultant shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for the
delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. For the services rendered pursuant to this
Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of
fees set forth in Exhibit"A,"which total amount shall not exceed $
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to City in the
fonn approved by City's finance director, an invoice for services rendered prior to the date of the
invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized
services performed. City shall pay Consultant for all expenses stated thereon, which are
approved by City consistent with this Agreement, within thirty (30) days of receipt of
Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/Work is
requested by City, the parties hereto shall execute a written amendment to this Agreement,
setting forth with particularity all terms of such amendment, including, but not limited to, any
additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents or other work
product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product, or work;
B. To provide for additional services not included in this Agreement of not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the City Council of City for each fiscal year covered by the
Agreement. If such appropriations are not made, this Agreement shall automatically terminate
without penalty to City.
4. PERFORMANCE SCHEDULE
12
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be perfomhed pursuant to the agreed upon schedule of performance set forth in Exhibit "A."
The extension of any time period must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered pursuant to
this Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Consultant, including, but not limited to, acts of
God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if
Consultant shall within ten (10) days of the commencement of such condition notify the Contract
Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend
the time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's detennination
shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of
(weeks/months), commencing on , 200. and ending on
200� unless extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf
with respect to the services and work specified herein and make all decisions in connection
therewith: (name), (title). it is expressly understood that the
experience, knowledge, education, capability, and reputation of the foregoing principal is a
substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal
shall be responsible during the term of this Agreement for directing all activities of Consultant
and devoting sufficient time to personally supervise the services hereunder. The foregoing
principal may not be changed by Consultant without prior written approval of the Contract
Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her
designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her
designee, fully informed of the progress of the performance of the services and Consultant shall
refer any decisions that must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the Contract
Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall
not contract with any other individual or entity to perform in whole or in part the services
required hereunder without the express written approval of City. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of
law, without the prior written approval of City.
13
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Consultant, its agents or employees, perform
the services required herein, except as otherwise set forth herein. Consultant shall perform all
services required herein as an independent contractor of City and shall not be an employee of
City and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role; however, City shall have the right to review
Consultant's work product, result, and advice. Consultant shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of City.
5.5 Personnel. Consultant agrees to assign the following individuals to perform the
services set forth herein. Consultant shall not alter the assignment of the following personnel
without the prior written approval of the Contract Officer. Acting through the City Manager, the
City shall have the unrestricted right to order the removal of any personnel assigned by
Consultant by providing written notice to Consultant.
Name: Title:
(to be inserted (to be inserted
G. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in Exhibit`B,"which is attached hereto and is incorporated herein by reference_
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers,
employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any
and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards,
settlements, damages, demands, orders, penalties, and expenses including legal costs and
attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to
or death of persons (Consultant's employees included), for damage to property, including
property owned by City, from any violation of any federal, state, or local law or ordinance, and
from errors and omissions committed by Consultant, its officers, employees, representatives, and
agents, which Claims arise out of or are related to Consultant's performance under this
Agreement, but excluding such Claims arising from the 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 hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
8.2 Records. Consultant shall keep such books and records as shall be necessary to
properly perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer shall have full and free access
14
to such books and records at all reasonable times, including the right to inspect, copy, audit, and
make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the perfonnance of this Agreement
shall be the property of City and shall be delivered to City upon request of the Contract Officer
or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights or
ownership of the documents and materials hereunder. Consultant may retain copies of such
documents for its own use. Consultant shall have an unrestricted right to use the concepts
embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement and shall make such materials available at its offices at all reasonable
times during the term of this Agreement and for three (3) years from the date of final payment
for inspection by City and copies thereof shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to perfonmance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of Consultant. Any waiver by either party of any default must
be in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
9.3 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative 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.
9.4 Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages £or
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
15
9.5 Termination Prior to Expiration of Term_ City reserves the right to terminate
this Agreement at any time, with or without cause, upwi thirty (30) days written notice to
Consultant, except that 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 detennined by the City_ Upon receipt of the notice of termination, Consultant
shall immediately cease all services hereunder except such as may be specifically approved by
the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior
to receipt of the notice of termination and for any services authorized by the Contract Officer
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30)
days written notice to City.
10. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
10.1 Non Liability of City Officers and Employees. No officer or employee of City
shall be personally liable to the Consultant, or any successor-in-interest, in the event of any
default or breach by City or for any arnount which may become due to the Consultant or its
successor, or for breach of any obligation of the terms of this Agreement.
10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination or segregation in the performance of or in connection with this Agreement
regarding any person or group of persons on account of race, color, creed, religion, sex, marital
status, disability, sexual orientation,national origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid, first-class mail to the address set forth below_ Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed
as provided in this Section.
To City: City of Palm Springs
Attention: City Manager& City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: (to be inserted
11.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any three by the mutual
consent of the parties by an instrument in writing.
11.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
16
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the parties hereLmder.
11.5 Authoritv. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
[SIGNATURE PAGE SEPARATELY ATTACHED]
17
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
Date: By:
David H. Ready
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
Douglas C. Holland, James Thompson,
City Attomey City Clerk
,,CONSULTANT"
(insert name)
Date: By :
(name)
(president)
Date:
(name)
(secretary)
18
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Perfon-nance
19
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
20
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to the City,
public liability and property damage insurance against all claims for injuries against persons or
damages to property resulting from Consultant's performance under this Agreement. Consultant
shall also carry workers' compensation insurance in accordance with California workers'
compensation laws. Such insurance shall be kept in full force and effect during the term of this
Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days
advance written notice to City of any proposed cancellation. Certificates of insurance evidencing
the foregoing and designating the City, its elected officials, officers, employees, agents, and
volunteers as additional named insureds by original endorsement shall be delivered to and
approved by City prior to commencement of services. The procuring of such insurance and the
delivery of policies, certificates, and endorsements evidencing the same shall not be construed as
a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents,
employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance required
hereunder shall be as follows:
I. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two
million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
(S 1,000,000.00)per occurrence;
3. Professional liability (errors and omissions) insurance (*WAIVED) with
limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars
(52,000,000) annual aggregate; and,
4. Workers' Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars $l million per occurrence. If Consultant has no employees, Consultant shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement form.
For any claims related to this Agreement, Consultant's insurance coverage shall be
primary insurance as respects City and its respective elected officials, officers, employees,
agents, and volunteers. Any insurance or self-insurance maintained by City and its respective
elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's
insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability
Insurance only, the insurer shall waive all rights of subrogation and contribution it may have
against City, its elected officials, officers, employees, agents, and volunteers.
B. Errors and Omissions Coverage. (*WANED) If Consultant provides claims
made professional liability insurance, Consultant shall also agree in writing either(1) to purchase
tail insurance in the amount required by this Agreement to cover claims made within three years
of the completion of Consultant's services under this Agreement, or (2) to maintain professional
liability insurance coverage with the same carrier, or equivalent coverage with another company,
in the amount required by this Agreement for at least three years after completion of
Consultant's services under this Agreement. Consultant shall also be required to provide
21
evidence to City of the purchase of the required tail insurance or continuation of the professional
liability policy.
C. Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be provided by
insurers admitted in the State of Cali romia with an A.M. Best's Key Rating of B++, Class VII, or
better, unless otherwise acceptable to the City.
D. Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. 'The City of Pabn 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
workperformed with the City"maybe 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 Na" 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 :nail 30 days written notice to the Certificate .Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
Do obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agentibroker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Consultant's obligation to provide them.
22
E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or
services under this Agreeznent. At the option of the City, either the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its elected officials,
officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured
retention under the policy. Consultant guarantees payment of all deductibles and self-insured
retentions.
F. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
23
OF PALM 9
yV r_"Opp
REQUEST FOR PROPOSAL (RFP 07-09)
FOR
PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICE
TAHQUITZ WAY MEDIUM, CITY HALL & RIVERSIDE COUNTY ADMINISTRATIVE
OFFICES
ADDENDUM NO. 1
This Addendum is being issued for the following changes and Informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE
SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE
ORIGINAL RFP DOCUMENTS. THIS ADDENDUM SHALL TAKE
PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY
ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED
TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS,
The City has received the following questions and is hereby providing answers
thereto:
RESPONSES TO QUESTIONS RECEIVED TO DATE:
Q 1: Are maps available that outline the specific project area for this RFP?
A 1: Please see attached Exhibit 1
Q 2: We are wondering if surveys and as-built record drawings are available for the
project site areas?
A 2: Surveys are not available. However, some as-built drawings will be made
available to the successful proposer.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.
Procurement& Contracting Manager
DATE: October 30, 2008
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum t is required by signing and including the acknowledgment with
your proposal. Failure to acknowledge this Addendum may result in your proposal being deemed non-
responsive.
OF PALM S
24
N
REQUEST FOR PROPOSAL (RFP 07-09)
FOR
PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICE
TAHQUITZ WAY MEDIUM, CITY HALL & RIVERSIDE COUNTY ADMINISTRATIVE
OFFICES
ADDENDUM NO. 2
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE
SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE
ORIGINAL RFP DOCUMENTS. THIS ADDENDUM SHALL TAKE
PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY
ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED
TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers
thereto:
RESPONSES TO QUESTIONS RECEIVED TO DATE:
Q 1: Since the scope of work requested only has do to with design and not construction
documents at this stage, we don't really need any other consultants. The RFP asks for us
to identify these if needed. We're basing our proposal on the assumption that the City
has drawings for the medians and we won't need to hire a survey crew to create our base
information.
Is this assumption correct?
A 1: The City has drawings for the street improvements and median on Tahquitz Canyon
Way, from Indian Canyon Drive to El Cielo Road. They will be made available to the
successful consultant for preparation of base drawings. Topography survey is not
necessary.
Q 2: The 20 page limit for the above RFP does this include examples of work? Please clarify if
we could include examples of work in addition to the 20 page limit submittal.
A 2: No. As per the directions on page 5 of the RFP document, "the submittal shall NOT
exceed 20 pages (sheets of paper), double sided (8%" by 11'), including cover letter,
organization chart, staff resumes and appendices. Dividers, Attachment 'A" and
Addenda acknowledgments do NOT count toward the 20 page limit."
Q 3: Will there be a need for electrical engineering on this project? For example, are you
planning on providing landscape lighting and/or street lighting and monumentation on this
RFP?
A 3: No,the City is only requesting preparation of schematic landscape plans at this time.
0 4: Would you please extend this question concerning available plans and need for survey to
the City Hall and County Administrative Offices complex. I'm pretty sure you would have
done this but my original question was specific to the medians. We're trying to get a
handle on what level of service our sub-consultant Civil Engineer will need to provide to
do a thorough job.
A 4: The City has record as-built plans for the existing Tahquitz Canyon Way medians,
extending from Indian Canyon Drive to El C/elo Read, from which a base drawing may be
prepared. It is suggested that base drawings for the City Hall and County Administrative
Offices complex be prepared using commonly available aerial mapping website services.
The City is only requesting preparation of schematic landscape plans at this time.
Topographic surveying is not necessary, requested, or required.
Q 5: Page 3, Paragraph 3 indicates that the consultant will be responsible for leading a
community process. Would you like to have the scope of work include time for a
workshop process where members of the community can provide design input or, do you
envision the consultant simply presenting the schematic plans at a public meeting?
A 5: The consultant awarded this contract will be required to coordinate with the City's
sustainability master plan. The sustainability master plan originates from the Mayor's 20
First Steps on Sustainability. One of the 20 "First Steps" is: "Implement a model re-
landscaping project showcasing the Tahquitz Median from the airport to downtown by the
end of 2009." The schematic landscape plans prepared by the Consultant will require
processing through the City's Major Architectural Approval process, with review by the
Architectural Advisory Committee, Planning Commission, and City Council. A
presentation to the Resource Conservation Commission may also be required. It is this
process that is considered the "community process" that the consultant awarded this
contract will lead, to ensure that the re-landscaping of the Tahquitz Canyon Way median
is a model sustainability project as defined by the Mayor in his outline of"20 First Steps
on Sustainability
Q 6: Would the City consider the inclusion of a demonstration garden as part of the renovation
of the City Hall grounds?
A 6: The consultant awarded this contract may propose any number of ideas for inclusion in
the schematic landscape design prepared for the City Hall grounds.
Q 7: Item 11 - 4., on page 3 of the RFP: "Perform all utility coordination and obtain all
clearances".
Since this RFP is for a final schematic design only, we would presume that this
means the consultant will document the location of existing utility boxes / meters and
lines within the design area to the best of our ability. We presume we would then discuss
proposed designs informally with the utilities to verify that the proposed design will not
adversely affect maintenance or access to the utilities. Is this an accurate interpretation?
A 7: No formal utility coordination is necessary for preparation of the schematic landscape
design. Item 11—4 on Page 3 is hereby deleted.
Q 8: Item II - I., on cage 3, mentions CalTrans. Are there any CalTrans rights of way within
the design area?
A 8: This project does not involve Caltrans; no coordination with Caltrans is required. The
reference to Caltrans in Item lI— 7 on Page 3 is hereby deleted
Q 9: How detailed of a survey will be required? i.e. aerial survey with 2 foot contours, edges
of buildings, ground survey with 2 foot contours, etc?
A 9: Please refer to Answer#4.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.
Procurement& Contracting Manager
DATE: November 06, 2008
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum 2 is required by signing and including the acknowledgment with
your proposal. Failure to acknowledge this Addendum may result in your proposal being deemed non-
responsive.
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PROJECT:
Professional Landscape Architectural Design Services
for Tahquitz Canyon Way Median, City Hall,
and Riverside County Administrative Offices
(RFP #07-09)
FOR:
City of Palm Springs
Division of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: - Craig L. Gladders, C.P.M.,
Procurement-& Contracting Manager
PREPARED BY:
RGA Landscape Architects, Inc.
74020 Alessandro, Suite E
Palm Desert, CA 92260
(760) 568-3624
DATE:
November 14, 2008
Technical Proposal
1
INDEX
Cover letter
Signature Authorization plus Addenda Acknowledgement
Firm Information / Qualifications / Philosophy
Key Personnel
Experience and References
Understanding of Scope /Work Proposal
Timeline
i
I
1
1
1
LANDSCAPE ARCHITECTS
& SITE PLANNING
November 13, 2008
City of Palm Springs
Division of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Craig L. Gladders, C.P.M.
Procurement and Contracting Manager
' Re: RFP #07-09 Professional Landscape Architectural Design Services for
Tahquitz Canyon Way Median, City Hall, and Riverside County
Administrative Offices
Dear Mr. Gladders,
RGA Landscape Architects, Inc. is pleased to submit a proposal for this project. We
have been designing sustainable and successful desert landscapes in Palm Springs
' for over 31 years, and we look forward to presenting our proposal for your
consideration.
We are confident•that our team can provide an exceptional and workable design
which is unique to the Palm Springs aesthetic, and is a showcase for public
sustainability.
' Sincerely,
' RG LANDSCAPE ARCHITECTS, INC.
Ronald Gregory
President
' RG/bc
71000 A1ccc.;ird�n,Such F Paine Fit _rl CA 9211Cl 7C0 . S63 3541 FAX i60 - 'it,', • oC,IS
ATTACHMENT "A"
RFP 07-09
PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES
TAHQUITZ CANYON WAY MEDIAN,
PALM SPRINGS CITY HALL &
RIVERSIDE COUNTY ADMINISTRATIVE OFFICES
*NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR TECHNICAL
PROPOSAL(ENVELOPE#t)
SIGNATURE AUTHORIZATION
NAME OF PROPOSERIFIRM,
�C-7,�. .�.Q,n1�7hGa.� l�teGl-4tTEGTS , I fJ�
A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs
for the above listed individual or company. I certify that I have the authority to bind
myselflthis calipany in ntract should I be successful in my proposal.
SIGNATURE
hI?-L� t2�G--z•�
PRINT NAME
s. The following information relates to the legal contractor listed above, whether an
individual or company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
_An individual;
�. A partnership, Partners' names:
_A company;
YEA corporation
2. My tax identification number is: MI5 3Ca I SCvbCn
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by
including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued
may result in your proposal being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s)# Islare hereby acknowledged,
10
OF PALM 3
« C"(IFOAHxp`
i REQUEST FOR PROPOSAL (RFP 07-09)
* FOR
PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICE
TAHQUITZ WAY MEDIUM, CITY HALL & RIVERSIDE COUNTY ADMINISTRATIVE
OFFICES
ADDENDUM NO. 1
This Addendum is being issued for the following changes and informational items:
' THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE
SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE
ORIGINAL RFP DOCUMENTS. THIS ADDENDUM SHALL TAKE
PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY
ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED
TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers
thereto.
RESPONSES TO QUESTIONS RECEIVED TO DATE:
0 1: Are maps available that outline the specific project area for this RFP?
A 1: Please see attached Exhibit 1
O 2: We are wondering if surveys and as-built record drawings are available for the
project site areas?
A 2 Surveys are not available. However, some as-built drawings will be made
available to the successful proposer.
BY OR OF THE ITY F PAAM SPRINGS, CALIFORNIA
Craig lad ors, .P.M.
PraGurement&etMtrading Manager
DATE:October 30,2008
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: Authorized Signature
Date: �✓ D
Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with
your proposal. Failure to acknowledge this Addendum may result in your proposal being doomed norn-
responsive.
OF ?ALM s
Cq�f FORN`P .
REQUEST FOR PROPOSAL (RFP 07-09)
FOR
PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICE
TAHQUITZ WAY MEDIUM, CITY HALL& RIVERSIDE COUNTY ADMINISTRATIVE
OFFICES
ADDENDUM NO. 2
This Addendum is being issued for the following changes and informational items:
' THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE
SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE
ORIGINAL RFP DOCUMENTS. THIS ADDENDUM SHALL TAKE
PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY
ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED
TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers
thereto:
RESPONSES TO QUESTIONS RECEIVED TO DATE:
Q 1: Since the scope of work requested only has do to with design and not construction
documents at this stage,we don't really need any other consultants.The RFP asks for us
to identify these if needed. We're basing our proposal on the assumption that the City
has drawings for the medians and we won't need to hire a survey crew to create our base
information.
Is this assumption correct?
A 1: The City has drawings for the street improvements and median on Tahquitz Canyon
Way, from Indian Canyon Drive to t_I Cielo Road. They will be made available to the
successful consultant for preparation of base drawings. Topography survey is not
necessary.
Q 2: The 20 page limit for the above RFP does this include examples of work? Please clarify if
we could include examples of work in addition to the 20 page limit submittal.
A 2: No. As per the directions on page 5 of the RFP document, 'the submittal shall NOT
exceed 20 pages (sheets of paper), double sided (8%" by 11), including cover letter,
organization chart, staff resumes and appendices. Dividers, Attachment "A" and
Addenda acknowledgments do NOT count toward the 20 page limit."
' Q 3: Will there be a need for electrical engineering on this project? For example, are you
planning on providing landscape lighting and/or street lighting and monumentation on this
RFP?
A 3: No;the Cityis only requesting preparation of schematic landscape plans at this time.
Q 4: Would you please extend this question concerning available plans and need for survey to
the City Hall and County Administrative Offices complex. I'm pretty sure you would have
-done this but my original question was specific to the medians- We're trying to get a
handle on what level of service our sub-consultant Civil Engineer will need to provide to
do a thorough job.
A 4: The City has record as-built plans for the existing Tahquitz Canyon Way medians,
extending from Indian Canyon Drive to El Cielo Road, from which a base drawing may he
prepared. It is suggested that base drawings for the City Hall and County Administrative
Offices complex be prepared using commonly available aerial mapping website services.
The City is only requesting preparation of schematic landscape plans at this time.
Topographic surveying is not necessary, requested, or required.
Q 5: Page 3, Paragraph 3 indicates that the consultant will be responsible for leading a
community process. Would you like to have the scope of work include time for a
workshop process where members of the community can provide design input or, do you
envision the consultant simply presenting the schematic plans at a public meeting?
A 5: The consultant awarded this contract will be required to coordinate with the City's
sustainability master plan- The sustainability master plan originates from the Mayor's 20
First Steps on Sustainability. One of the 20 First Steps" is: Implement a model re-
landscaping project showcasing the Tahquitz Median from the airport to downtown by the
end of 2009." The schematic landscape plans prepared by the consultant will require
processing through the City's Major Architectural Approval process, with review by the
Architectural Advisory Committee, Planning Commission, and City Council. A
presentation to the Resource Conservation Commission may also be required. It is this
process that is considered the "community process" that the consultant awarded this
contract will lead, to ensure that the re-landscaping of the Tahquitz Canyon Way median
is a model sustainability project as defined by the Mayor in his outline of 20 First Steps
on Sustainability
Q 6: Would the City consider the inclusion of a demonstration garden as part of the renovation
of the City Hall grounds?
' A 6: The consultant awarded this contract may propose any number of ideas for inclusion in
the schematic landscape design prepared for the City Hall grounds.
Q 7: Item_ II - 4., on page 3 of the RFP: "Perform all utility coordination and obtain all
clearances".
Since this RFP is for a final schematic design only, we would presume that this
means the consultant will document the location of existing utility boxes I meters and
lines within the design area to the best of our ability- We presume we would then discuss
proposed designs informally with the utilities to verify that the proposed design will not
adversely affect maintenance or access to the utilities. Is this an accurate interpretation?
A 7: No formal utility coordination is necessary for preparation of the schematic landscape
design. item Il—4 on Page 3 is hereby deleted-
Q 8: Item II - I. on gage 3 mentions CalTrans. Are there any CalTrans rights of way within
the design area?
A 8: This project does not involve Ca/trans; no coordination with Caltrans is requirad The
reference to Caltrans in Item 11— 1 on Page 3 is hereby deleted
Q 9: How detailed of a survey will be required? i.e. aerial survey with 2 foot contours, edges
' of buildings, ground survey with 2 foot contours, etc?
A 9: Please refer to Answer 94.
BY ORDER F THE CITY F PALM SPRINGS, CALIFORNIA
Craig L. Glad rs, . _ t-
Procurement& ontracting Manager
DATE: November 06, 2008
ADDENDUM ACKNOWLEDGMENT: /
Proposer Firm Name: 4i6pll,.. Authorized Signatur
`
Date: .F D �
7S
Acknowledgment of Receipt of Addendum 2 is required by signing and Including the acknowledgment with
your proposal. Failure to acknowledge this Addendum may result in your proposal being deemed non-
responsive.
1
1
1
Firm Information / Qualifications / Philosophy
RGA will assume the role of project manager and landscape architect. The primary
contact will be:
Ron Gregory
RGA Landscape Architects, Inc.
74-020 Alessandro, Suite E
Palm Desert, CA 92260
Phone: (760) 568-3624
Email: ron@rga-pd.com
1. Firm Information and Qualifications
RGA Landscape Architects, Inc. is a 12-person landscape architectural
firm, headquartered in Palm Desert, CA. RGA was founded in Palm Desert in
1977 by Ron Gregory, and is regarded as an innovator and pioneer in the
implementation of sustainable landscape design.
RGA has designed nearly 3,000 landscape projects, primarily in the
Coachella Valley. We-are intimately familiar with the City of Palm Springs,
and have been fortunate to provide landscape design services to the City in
the past- - RGA-has previously taken on the role of project manager and
landscape consultant for high image projects for several Coachella Valley
cities, including Palm Springs, Indian Wells and La Quinta. Other image
oriented landscape designs provided for Coachella Valley cities include:
Palm Springs — the Gene Autry Trail and Ramon Road median
enhancement near the airport. RGA successfully collaborated with
City Staff, Planning Commission, City Council and CalTrans to
create iconic landscape design and imagery.
• Indian Wells — Collaboration with the City Planning, Engineering and
City Council to create a distinct landscape identity for Indian Wells,
including the "Grove Gate" entry on Highway 111 at Cook Street, the
median islands on Eldorado and Cook Streets, and the Highway 111
parkway from Cook Street to Eldorado Drive, and the municipal golf
clubhouse.-
La Quinta — Collaboration with-City Engineering and Planning and
City Council to create the Old Town La Quinta streetscape image
through redesign of medians and parkways, development of art
fountains, and unifying street furniture and materials-
Interactive Design Corporation — Reuel Young- Mr, Young's experience
includes urban design successes such as the Town Square and Fountain of
Life in Cathedral City, the Renaissance Plaza in Alhambra, the Hot Water
' Park in Desert Hot Springs, the Village Green and Fountain in Palm Springs,
the Airport noise berm along Vista Chino (with TKD Associates), and the
Airport Noise Abatement wall along the westerly edge of the Palm Springs
Airport. He is the architect of the recently completed Palm Desert Visitor
Center (the first LEER-certified building in the Valley) and the Agua Caliente
Tribal Building. He has been a member of the Downtown Task. Force for
Cathedral City, the Mainstreet Program for Palm Springs, the-Palm Springs
General Plan Update Steering Committee, the Palm Springs Homeless Task
Force, and recently appointed to the CVAG Blue Ribbon Committee for Work
Force Housing, and appointed Chair of the Board of Advisors-for the World
Museum of Natural History, Palm Springs.
2. Philosophy and Approach to the Project
RGA will use its knowledge of desert landscape design and its understanding
of the Palm Springs image to lead a collaborative effort with the City.
RGA will develop ideas in collaboration with the City and the Sustainability
Consultant for the median island and the City Hall — County Building area
which are thematically consistent, yet distinct from one another. We will give
City Hall a unique landscape identity; even though City Hall will-be clearly a
part of an overall landscape theme, it will be identifiable.
Palm Springs City Hall is an iconic example of mid-century modern
architecture -and should be appropriately enhanced, while also being a
symbol of sustainable public landscape. City Hall and the County building
site will be treated as similar visual elements.
The Tahquitz Canyon Way corridor has the potential to be a grand boulevard,
shaped by the many forces that are unique to Palm Springs. Tahquitz
Canyon Way can unfold along its 2.5 miles, a story that demonstrates and
displays the complexities of any vibrant city, but done so in a unique
geographic and climatic locale. The Tahquitz Corridor is the most powerful '
(linear) place anywhere in the Valley.
Without question, the redesigned corridor must boldly address the central
value of our times — sustainability. But this corridor can do so much more by
weaving other layers of meaning, beauty and functionality into its re-design.
The iconic vision of Palm Springs for the guest arriving at the airport - the
breath taking view of the mountains - can be made even more powerful when
the tension between a tightly composed allee and the broad public forecourts
of the City Hall and Courthouse are composed as an integrated whole.
Tahquitz ties and reveals all the elements of a vibrant city in a compression of
space more powerful and vividly experienced than anywhere in the world.
The five-minute drive - from AIRPORT, past CIVIC CENTER, past
RESIDENTIAL, through GATEWAY (to section 14), past CULTURAL icons
(Agua Caliente Cultural Museum and Cemetery), past RESORT HOTELS
and CONVENTION CENTER, and terminating at a true DOWNTOWN, at the
base of a 3,000 meter mountain - this Is compression and coherence that
exists nowhere else-
The challenge will be to wield the patterns and palettes in ways that reveal
the many layers of meaning and experience. There is an urban design
challenge to allow the events along the path to have their say, while
maintaining a continuity that embeds the experience as unforgettable, and
also enhances the functional and sustainable requirements.
This is an opportunity to do the right thing, for the right reasons, and create a
grand, unforgettable signature of our city.
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' Key Personnel
1. Ron Gregory— Project Manager (see attached resume)
Ron will provide overall design direction and will be the liaison between the
team and the City of Palm Springs. As president and founder of RGA, Ron
has been responsible for many high profile, creative and significant landscape
designs within Palm Springs and the Coachella Valley.
2. Rob Parker— Designer (see attached resume)
Rob will be responsible for design development, team coordination and
project continuity. Rob has been principal designer at RGA for 8 years and is
a recognized expert in desert landscape design and sustainable landscape
design.
Selected examples of desert public landscape projects designed by Ron
Gregory and Rob Parker:
• Palm Springs Art Museum sculpture gardens
Palm Springs Air Museum
Gene Autry Trail median islands and sculptures; Palm Springs, CA
Dinah Shore Drive medians; Rancho Mirage, CA
Children's Museum of the Desert; Palm Desert, CA
City of Indian Wells Golf Resort Clubhouse
` . Desert Willow entry and parkway concept and clubhouse; Palm
Desert, CA
Cook Street medians; Indian Wells, CA
Eldorado Drive medians; Indian Wells, CA
Fred Waring Drive medians; Palm Desert and Indian Wells, CA
• El Paseo medians; Palm Desert, CA
Old Town La Quinta streetscape and medians
- CVWD offices and demonstration garden; Palm Desert, CA
• Joshua Basin Water District demonstration garden; Joshua Tree, CA
Copper Mountain College demonstration garden; Yucca Valley, CA
College of the Desert library and student services building
- Soak City Water Park; Palm Springs, CA
3. Reuel Young — Design Consultant (see attached resume)
Organizational Chart
Ron Gregory
RGA Landscape Architects, Inc.
Project Manager
Reuel Young Rob Parker
Interactive Design Corporation RGA Landscape Architects, Inc.
Support Staff
RGA Landscape Architects, Inc.
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RGA LANDSCAPE ARCHfrECTS,INC.
RONALD B. GREGORY, A.S.L.A.
Position: President, RGA Landscape Architects, Inc.
Education: B.A. Landscape Architecture, 1972
' University of California at Berkeley
Post Graduate Studies:
UCLA Extension:
CAD Design
• Southern California Island Biology
Japanese Garden Architecture
Harvard Graduate School of Design:
• Golf Course Design
Registration: Registered Landscape Architect:
• California #1532
• Nevada #94
• Arizona #13754
• Utah #5024299-5301
Professional Affiliations:
• Chairman, City of Palm Desert Architectural Commission
• Chairman, City of Rancho Mirage Architectural Review Board
' • American Society of Landscape Architects, Vice President, So, Calif. Chapter
• American Institute of Architects, San Diego Chapter, Professional Affiliate
• American Institute of Architects, California Desert Chapter, Professional Affiliate
' 74020 Alessandro,Suite E•Palm Desert, CA 92260. 760-568-3624• FAX.760-773-5615
1850 Fifth Ave., Suite 8.San Diego, CA 92101 .619-293-0589. FAX 619-293-0273
CA Lic.#1532.AZ Lie.413754• NV Lic.#94
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wi RGA LANDSCAPE ARCHRE S,INC.
ROBERT E. PARKER, JR., A.S.L.A.
Position: Principal/Designer, RGA Landscape Architects, Inc. '
Education: Bachelor of Arts in Landscape Architecture
Associate of Science in Landscape Design
• State University of New York, Alfred - 1985 '
• State University of New York, College of Environmental Science
and Forestry at Syracuse, NY- 1988
Registration: Registered Landscape Architect: t
California #5219
Length of RGA Employment: 1989 to present
Principal with RGA Landscape Architects, Inc. Responsible for design, oversight and
direction and client services.
Professional Affiliations:
• American Society of Landscape Architects, Desert Section, So. Calif. Chapter
(Past Chair)
• Tradition Architecture Review Committee Board Member
• Mirada Architecture Review Committee Board Member
• Shadow Lakes Architecture Review Committee Board Member
• Bighorn Country Club Consulting Landscape Architect
• Hideaway Consulting Landscape Architect
74020 Alessandro,Suite E•Palm Desert, CA 92260•760-568-3624•FAX•760-773-5615
1850 Fifth Ave.,Suite 8•San Diego, CA 92101 .619-293-0589• FAX 619-293-0273
CA Lic.#1532•AZ Lic.#13754. NV Lic.#94
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iREUEL A.YOUNG, AIA
Education Harvard University,B.A.English Literature,Cum Laude, 1967
i University of California Berkeley,
Master of Architecture, 1974 t
License State of California No.C 10974ti
iTeaching College of the Desert-Adjunct Faculty: 1989 to 2005,
History of Architecture
i University of California,Berkeley, Teaching Associate,
Architectural Design
i Professional American Institute of Architects,California Desert Chap-
Associations ter, Past President
Urban Land Institute,Associate Member
i Congress of New Urbanism
Society of American Registered Architects
U.S.Green Building Council
iBuilding Institute Association
Civic Service General Plan Update Committee: Palm Springs,2003
Palm Springs Homeless Task Force
Riverside County Regional Access Project- Health Care,
1998
Architectural Advisory Committee:Palm Springs, 1988-1999
i Palm Springs Main Street Program: Co-Chair,Design Com-
mittee
Cathedral City Downtown Task Force, 1993-1996
Foundation for More Livable Communities,Cathedral City
Project Mr.Young has been an architect in Palm Springs for 27 years.
i Experience He produces design solutions that are complementary to
their environment,take their cue from the context of the
projecr,and are sensitive to the user rather than to a pre
i conceived design ideology. For more than 12 years he has
pursued the values of sustainable design and new urbanism.
i Reuel Young has maintained a design philosophy shaped by
the social contract that was so shaken during his years at
Harvard and Berkeley. Mr.Young's project experience in-
cludes land planning,master planning and facility design for
municipal,utility,and corporate projects. For more than
fifteen years the largest sector of his work has been hous-
ing- special needs and homes for special clients.
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Experience and References
RGA has the experience necessary to balance the use of "oasis" style plants with
more sustainable desert landscape material to create a showcase landscape design
for a major tourist destination like Palm Springs.
Following are similar projects completed by RGA, for which RGA was lead
consultant. All projects were completed within the last 5 years. Key personnel from
' RGA, and client references with phone numbers are also provided.
• Eldorado Drive Medians, City of Indian Wells
RGA Personnel: Ron Gregory, Rob Parker and Luke Taylor
Client Reference: Tim Wassil, City Engineer/Director of Public Works;
City of Indian Wells; (760) 578-2017
• Cook Street Medians and Highway 111 Parkways, City of Indian Wells
RGA Personnel: Ron Gregory, Rob Parker and Cathy Cieslikowski
Client Reference: Tim Wassil, City Engineer/Director of Public Works;
City of Indian Wells, (760) 578-2017
• Fred Waring Drive Medians, Palm Desert and Indian Wells
RGA Personnel: Ron Gregory, Rob Parker and Luke Taylor
Client Reference: Spencer Knight, Landscape Manager;
City of Palm Desert; (760) 346-0611
• Indian Wells Golf Resort Clubhouse, City of Indian Wells
RGA Personnel: Ron Gregory and Rob Parker
Client Reference: Tim Wassil, City Engineer/Director of Public Works;
City of Indian Wells; (760) 578-2017
• Dinah Shore Drive Medians, Rancho Mirage
RGA Personnel: Ron Gregory, Rob Parker and Luke Taylor
Client Reference: Bruce Harry, Director of Public Works
' City of Rancho Mirage, (760) 324-4511
• CSUSB and UCR Campuses, Palm Desert, GA
RGA Personnel: Ron Gregory and Rob Parker
Client Reference: Spencer Knight, Landscape Manager;
City of Palm Desert; (760) 346-0611
• Canyon South Golf Course Remodel and Clubhouse; Palm Springs, CA
RGA Personnel: Ron Gregory, Rob Parker and Ken Alperstein (of Pinnacle
Design Company)
Client Reference: Dana Prieto; Agua Caliente Band of Cahuilla Indians
(760) 699-6800
RGA has, over the past 31 years, also provided landscape architectural designs and
services for the City Hall complexes of Palm Springs, Cathedral City, Rancho
Mirage, Palm Desert and Indian Wells.
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' Understanding of Scope / Work Proposal
We anticipate the following tasks and process to create the final schematic design:
1. Determine project parameters.
Meet with City staff and the Sustainability Consultant to discuss goals,
constraints and aesthetics. Prepare narrative of goals based on
outcome of meetings.
' Discuss proposed timeline, and adjust as needed.
Gather information from City on existing site conditions and prepare
base sheet.
2. Prepare and present preliminary landscape architectural schematic
designs to City staff. Upon reaching a consensus with City staff and the City
Sustainability Consultant, we will prepare presentation exhibits for review by
the AAC.
f3. Schematic landscape plans. We will then incorporate comments from the
AAC and prepare revised exhibits for review by the Planning Commission and
City Council. Exhibits will include, but are not limited to:
Overall plan indicating the entire area of design with a vicinity map.
Enlargements of key areas in plan view.
Cross sections of selected areas
Perspectives of key areas, and of City Hall (estimate of 7
perspectives)
Landscape narrative for planting, inorganic elements and irrigation.
Image boards depicting photos of proposed plants and inorganic
material.
Plant palette.
Estimate of construction costs for planting, inorganic elements and
irrigation.
Revise schematic plans incorporating comments from Planning
Commission and City Council.
4. Project Management. Throughout the design process, RGA will lead
approval of the design through AAC, Planning Commission and City Council
via the Major Architectural Approval process.
We will coordinate and maintain a timeline for the review and approval
process, including meetings with all parties. We anticipate a budget of 20
' meetings with City Staff, Planning Commission, City Council and the
Sustainability Consultant.
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5. Timeline. Attached is a proposed timeline for completion of design services. '
The final timeline will reflect actual meeting dates as coordinated with the
City.
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City of Palm Springs - Tahquitz Canyon Way Median, City Hall, and Riverside Country Administrative Offices
20D9
Task Start Finish Jan 4 1 Feb i I Feb 8 1 Feb 15 1 Feb 22 1 Mar 1 I Mar S Mar 15 Mar 22 1 Mar 29 1 A 5 I r 12 A r 19 A r 26 I May 3 Ma 10 Ma 17 May 24 Ma 31 Jun 7 1 Jun 14
II II ! V I i l I 11' III IIlI I ! !
Initial Meeting with the City 115109 1l5109 0
Meeting with Sustainability Consultant 117109 117109 d
Review of Existing Conditions 118109 1122109
Develop Initial Concepts 1112109 1126109
Review Initial Concept with City Staff Informally 1126109 1126109
Prepare Preliminary Design and Present to Staff 212109 2116109 0
Incorporate Staff Comments 2123109 2127109
Present Schematic Design to AAC 319l09 319109 Q
Revise Schematic Design and Present to Planning Commission 3111 009 3123109 0
Revise Schematic Design and Present to City Council 3125/09 4113109
Resubmit to Staff, Planning & City Council, If Needed 4115/09 4127109 0
Final Approval of Schematic Design, Jncorporating All Comments 6115109 6115/09
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RG.A Landscape Archileds,Inc
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