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Home My WebLink About05715 - BEARD/PROVENCHER & ASSOCIATES FIRE DEPT. PLAN CHECK SERVICES Kathie Hart From: John Allen Sent: Tuesday, February 05, 2013 9:37 AM To: Kathie Hart Subject: FW: A5715 - Beard-Provencher&Associates Kathie, After research and review, I believe that no further action is needed at this time. Beard-Provencher&Associates no longer is a business and the City has revised its records with updated and current Provo Engineering documentation. Is this correct? Please contact me if you require any further information. Thank you, John Allen Fire Chief 300 N. El Cielo Palm Springs, CA 92262 0 Office: 760-323-8188 Cellular: 760-218-4278 Fax: 760-778-8430 Email:John.Allen@paimspringscagoov Web Site: Palm Springs Fire Department Department From: Judy Blumberg Sent: Tuesday, February 05, 2013 8:25 AM To: John Allen; Kathie Hart Cc: Janet Vines-Mott; Jay Thompson; James Webb Subject: RE: A5715 - Beard-Provencher&Associates Hi Kathie -We have found the purchase order, #13-0596, which is now called Provo Engineering. I will attach a copy of it in a new e-mail for your perusal. ,qu4 . a04dmbLbttatbm of setltant loin 4"Aof2t.0PTa0&n"s 3OOovoP&adWd 4?"n&tLW, 440 92262 (76O)32J-8787 1 From: John Allen Sent: Monday, February 04, 2013 6:01 PM To: Kathie Hart Cc: Judy Blumberg; Janet Vines-Mott; Jay Thompson; James Webb Subject: RE: A5715 - Beard-Provencher &Associates Kathie, I will have to review the document that you are speaking of. We still have funds encumbered for their services, should we require them. Currently, Bob Rose is our Plans Checker but we keep Provencher &Associates as an option should we need them. I will get back to you after I do my due diligence in research over here. I remember Scott working on this in the latter part of the year; something about a name change and an expiration date issue. Thank you, John Allen Fire Chief 300 N. El Cielo Palm Springs, CA 92262 0 Office: 760-323-9188 Cellular: 760-218-4278 Fax: 760-778-8430 Email:John.Allengr�palmspringsca.gov Web Site: Palm Springs Fire Department From: Kathie Hart Sent: Monday, February 04, 2013 5:56 PM To: John Allen Cc: Judy Blumberg; Janet Vines-Mott; Jay Thompson Subject: A5715 - Beard-Provencher &Associates John: In reviewing the above referenced agreement the following it has been noted all insurance certificates, as required in accordance to the agreement, have expired. The agreement expired October 2012. Are we still using them for Plan Check Services? If we are the following are recommended: 1. Amend the agreement extending the term. 2. Contact them and request they provide current insurance documentation. Please let me know if there are questions. Thx! 2 Kathie Hart; CMC Chief Deputy City Clerk City of Palm Springs (760)323-8206 3200 E Tabqui tz Canyon Way A(760)322-8332 Palm Springs, CA 92262 1�3 Kathie.HartMPalmSprinasCA.aov Please note that City Hull is open 8 a-m. to 6 p.m. Monday through Thursday,and closed on Fridays at this time. 3 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT FIRE PROTECTION SYSTEMS PLAN REVIEW (Agreement No. 5715) THIS FIRST AMENDMENT to the Contract Services Agreement No. 5715 for fire protection systems plan review and inspection services is made and entered into to be effective on the 20th day of October, 2011 by and between the City of Palm Springs, a California charter city and municipal corporation (hereinafter referred to as the "City"), and Beard/ Provencher&Associates, Inc, a California Corporation, (hereinafter referred to as the"Contractor')(collectively,the"Parties"). RECITALS A. City and Contractor previously entered into a professional services agreement for fire protection systems plan review and inspection services, for pending hotel and mixed use development projects which was made and entered into on October 20, 2009 (the"Agreement') in the amount not to exceed $24,000.00 for one year, terminating on October 19, 2010. B. Section 3.4, "Term"and Exhibit"E"Schedule of Performance allow for the agreement to be extended by mutual written agreement of the Parties. C. City and Contractor previously amended the Agreement to extend the term of the contract for one year, terminating on October 19, 2011 (Amendment No. 1). D. City and Contractor Desire to amend the Agreement to extend the term of the contract for one year, terminating on October 19, 2012. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT 1. Section 3.4 'Term" and Exhibit "E" of the Agreement, entitled "Schedule of Performance': are hereby amended as follows: `The term of the agreement is extended one year, expiring on October 19, 2012. but may be extended at the mutual written consent of the Contractor and the City'. 2. Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control. 3. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that(1) such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv)the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE] 1 ORIGINAL BID AND/OR AGREEMENT IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below. ATTEST: "CITY" CITY OF PALM SPRINGS, CA. B mes Thompson, City Jerk David H. Ready anager Date: I20 04�2or1 Date: APPROV S TO FORM: APPROVED BY CITY MANAGER 1� By ity rney -wgL k0 w 0 Go, Q `h Date: /1-0b rl "CONTRACTOR" Beard/ Provencher & Associates, Inc. Date: ,�/1 Q•3` J�� B#eor resid nt Date: �� ' ,� 00 her—Vice President 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l Countyof 0111"CAVlde J} On 1012s It before T me, �a.fiUQ57 � Y Date Wine i/ O({ 1 1personally appeared 44 griaIfw Namer of Signer($) who proved to me on the basis of satisfactory evidence to be the person(fA whose name(K)ovowsubscribed to the within instrument and acknowledged to me that e 4iey executed the same i i� authorized �Ya� capacity(aes), and that by is signature(s) on the _NRIS TAYM [ instrument the person($), or the entity upon behalf of @ ! 17t1416 9 which the person(jr) acted, executed the instrument. How"ft-Cdoe"a I, CWJ�..-- I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my o I I. Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valu ble 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:: A mf14d Hot tit Nn. 2/ t 1?,f0 tCC 10 NAI St,r Vr C46 Document Date: of S [/C_+Q lb" 07 I( �A— Number of Pages: Signer(s) Other Than Named Above: Cap ity(ies) Claimed by Signer(s) Signer's Na e: Signer's Na ❑ Individual ❑ Individual ❑ Corporate Offic —Title(s) ❑ Corporate Offi r—Title( ❑ Partner—❑ Limite ❑ eneral _ ❑ Partner—❑ Limit d eneral ❑ Attorney in Fact • ❑Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Con rvator ❑ Guardian or C servator ❑ Other: ❑Other: Signer Is Re resenting: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•oew.Nationalixotaryorg Item#5907 Reonder Call Toll-Free 1-800A87 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of )rU K a On /1 4 !/ before me, Date Here Injifirt Name an Tit a of the Officer personally appeared e 1r Y Vearlopy Names)of signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name()(DaFe-subscribed to the within instrument and acknowledged to me that tD&4ieA4ey executed the same in weir authorized capacity(+ea), and that by I�eFAH6FF' signature(A on the ..r instrument the personal), or the entity upon behalf of CHRIS TAYLOR which the person(ie) acted, executed the instrument. ComintUon• 17111616 _ • Notary tube Coils ffiwnio Ora I certifyunder PENALTY OF PERJURY under the laws 0 CotMW 1 of the State of California that the foregoing paragraph is true and correct. WITNESS my e d ici al. Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, 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 Qp Title or Type of Document:AMtt.. #%eA Ai,,,.Z +yfr eS";;0kd Ce1 r►1 Cef Document Date:_ 1012 6111 Number of Pages: Signer(s) Other Than Named Above: �l Capacity(lies) Claimed by Signer(s) Signer's me: Signer's Name: ❑ Individua ❑ Individual ❑ Corporate O er—Title(s)- ❑ Corporate Officer— (s): ❑ Partner—❑ Li d ❑ eneral _ _ ❑ Partner—❑ Limited ❑ eral ❑ Attorney in Fact • ❑Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Co ervator ❑Guardian or Cons vator ❑ Other: ❑Other: Signer Is presenting: Signer Is R resenting: 02007 National Notary Assodatmri 9360 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NabonalNotaryorg Itemk5907 Reorder:Call Tall-Free 1S 87&8 I AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FIRE PROTECTION SYSTEMS PLAN REVIEW f (Agreement No. 5715) THIS FIRST AMENDMENT to the Contract Services Agreement No.5715 for fire protection systems plan review and inspection services is made and entered into to be effective on the 20th day of October, 2010 by and between the City of Palm Springs, a California charter city and municipal corporation(hereinafter referred to as the"City");and Beard/Provencher&Associates, I Inc,a California Corporation,(hereinafter referred to as the"Contractor")(collectively,the"Parties"). RECITALS , a F A. City and Contractor previously entered into a professional services agreementfor fire protection systems plan review and inspection services, for pending hotel and mixed use development projects which was made and entered into on October 20,2009(the"Agreement') in the amount not to exceed $24,000.00 for one year,terminating on October 19, 2010. B. Section 3.4,"Term"and Exhibit"E"Schedule of Performance allow for the agreement i to be extended by mutual written agreement of the Parties. C. City and Contractor desire to amend the Agreement to extend the term of the contract for one year, terminating on October 19, 2011. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT 1. Section 3.4"Term"and Exhibit"E" of the Agreement, entitled "Schedule of Performance": are hereby amended as follows: "The term of the agreement is extended one year, expiring on October 19, 2011, but may be extended at the mutual written consent of the Contractor and the City". 2, Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein,shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control. 3. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that(1)such party is duly organized and existing,(ii)they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment,and(iv)the entering into thisAmendment does not violate any provision of any other agreement to which said party is bound. (SIGNATURES ON NEXT PAGE] 1 € IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below. ATTEST: "CITY" CITY OF PALM SPRINGS, CA. L By ! James Thompson, City Clerk David H. Read anager Date: Date: Q<•�APPROVED BY CITY MANAGER APPROV D TO ORM: By O,TIPPROVED BY CITY MANAGER F City)Attorney �'j Date: _ ' ��/V Ltkv, Kim 01\ "CONTRACTOR" Beardl Provencher&Associates, Inc. 4 i Date: ►�-\�-1 t� By: &&roe I ames W. Beard - P si nt Date: _ - 10 V•P. George&Provenoffier-Vice President 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 6f An ki On r3 /d beforeme rC Vr 1�030V0 AlAlbi1� 0"jo mo ' we�m»and Pnr 911tmZRW personally appeared �rttluCM1[.�1�rf` OL1R _ re�mo{al a qn a _.�_ ..... Hear , who prayed to me on the basis of satisbebry evidence to be the person(s)whose names)btare subscribed to the within instturnent and acknowledged to me that q&oalthey executed the some in hAhOMe.r authottzed capaoity(ies),and that by h rAheir sigrlatuks)on the " instrument the person(s), or the entity upon behalf of NICK VILLAUY^ which the person(s)acted,executed the instrument. ComtMssinit 0 1971401 i K4,0-Cdit ma I certify under PENALTY OF PERJURY under the laws Ora"@ Cam* of the State of California that the foregoing paragraph Is MV Comm, Wes Nov 16,2013 true and correct. WITNESS my hand and officlai.seal. Signature. PNO-b Xttoy sane Ab" gnawrc of WANYT-W OPTIONAL Though the information babes is not raqulrWbylaw,it mW pmww valuable to pvrsraw rralying on the documenl and could prevent'(audutsnt r wmwl and reattachment of this farm to anoomr dl6twtr;nt Description of Atttacluml Docurn tnt Title or"type of Document:.. _..........._,._ _...................._...._........... ._..— 'Document Date: Number of Pagan: Signers)Other Than Named Above: Capecity(3gs)Claimed by Signer(s) Signer's Name ........._._......._._..._....._.__._ Signers Name:______..._. ... r Individual 17IndMdua! G Corporate Officer—TiHe(s):. 0 Corporate Oft ver—Trpe(s): _ C Partner--17 Umited ❑General 0 Partner—C Limited ©General 0 Attorney in Pad 0 Attorney in Pact 0 'Rust'ee 'bp of ft"bare L Tf ustee top of trsln*hero U. Guardian or Conservator. ❑guardian or Conservator © Other__ I.;"tiOther Signer Is Representing: Signer Is Representing: . *=7taraaw Won Ai69dmwn•S9dgraa swD A�.K0.8txTRpR•CI r7r.CAi131S$iD2•wwwaf danutNauryerg Il�wpC'J07 i'kadur.CapTdGfte i- 7E+7927 PROFESSIONAL SERVICES AGREEMENT IMF PROTECTION SYSTE MS PLAN REVIEW AND INSPECTION SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this A day of Gc�d� !( , 2009, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and Beard/ Provencher & Associates, Inc, a California Corporation, (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Parry" and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need for fire protection systems plan review and inspection services, for pending hotel and mixed use development project(the"Project"). B. Consultant has submitted to City a proposal to provide fire protection systems plan review and inspection services to City for the Project pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. s21lG I l ' 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), which shall all be referred to collectively hereinafter as the "Contract Documents." The City's Request for Proposals and the Consultant's Proposal, which are both attached hereto as Exhibits `B" and "C," respectively, are hereby incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals, and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1")the provisions of the Scope of Services (Exhibit "A"); (2"d)the provisions of the City's Request for Proposal (Exhibit "B"); (3rd) the terms of this Agreement; and, (4`h) the provisions of the Consultant's Proposal (Exhibit "C")_ 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the temp of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. if the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and 524762,1 2 shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement_ 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council_ It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any work or service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by reference, but not exceeding the maximum contract amount of hourly rate of Eighty Dollars ($80.00) for Plan Checks, time on construction site or at City Offices for meetings and or inspections, Hourly rate of Sixty love Dollars ($65.00) for Clerical services, Two Hundred Sixty Dollars ($260.00) for travel for project meetings and inspections, plus actual shipping fees (via UPS, no mark-up)) for returning approved plans and documents, resulting in a Not-to Exceed net cost (less developer fees) to the City of $24,000 per year (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant hereby acknowledges that it accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the services identified 524762 1 3 in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified herein. if the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, consultant shall nevertheless complete the Work without liability on the City's part for further payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month_ 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance (Exhibit"E"). 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit "E" and is incorporated herein by reference. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension_ 521762 1 4 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God of of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services but not exceeding one (1) year from the date hereof, except as otherwise provided in One Schedule of Performance (Exhibit "E") and pursuant to Section 3.2 above, unless extended by mutual written agreement of the Parties. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: James W. Beard, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required heretnder to carry out the terms of this Agreement. •4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall 524762 1 5 not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perfonmm the Services required under this Agreement without the prior written consent of City. if Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Contractor. A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service_ Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and otber similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement_ Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City 24761.1 6 shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, foe injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A-M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars (51,000,000.00) per occurrence and two-million dollars (52,000,000.00) annual aggregate, in accordance with the provisions of this section- (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability clairns made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising lzom errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terns of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. 52d762 1 7 (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of tennination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of perfonning the Services under the terms of this Agreement. B. Workers' Compensation Insurance_ Consultant shall obtain and maintain, in full force and effect throughout the tern of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California_ Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars- F. Employcr Liability Insurance_ Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self- insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of 510,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of S 10,000, 5.3 Other Insurance Reauirements. The following provisions shall apply to the 52;7G2.1 8 insurance policies required of Consultant pursuant to this Agreement: 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.32 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially imnairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first becrLsubmi tted to the Cit anaeer and annroved_in�riJiy 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 53.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant_ Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it 514762 1 9 waive any rights hereunder in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the tern of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.111 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances_ 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at 5'4762.1 10 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 Certi ficate 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... " Cas respects City of Palm Springs Contract No. " or 'for any and all workperformed 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 agentlbroker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work sball not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its officers, council members, officials, employees, agents and volunteers and all other public agencies whose approval of the Project is required, (individually "Indemnified Party'; collectively "Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders, and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless, or willful performance of or failure to perform any term, provision, covenant, or condition of this Agreement ("Indemnified Claims"), but Consultant's 524762 1 11 liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness, or willful misconduct of the City, its officers, council members, officials, employees, or agents. Consultant shall reimburse the Indemnified Parties for any reaa na le expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indeinified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. In the event a final judgment, arbitration award, order, settlement, or other final resolution expressly determines that Claims did not arise out of, pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any extent, then City shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except City shall not reimburse Consultant for attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than Indemnified Parties against such Claims. Consultant's indemnification obligation hereunder shall survive the expiration or earlier tennination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final_ This provision is untended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost 5_4762.1 12 estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder_ Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder_ 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and 'Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This eement shall be construe�hole accordins to its fair language and cQnIm(n_meamnl to achieve be_Qbiectives and numoses of_tbe Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. s24762.1 13 Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice_ Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. B. If the City Manager, or his designee, detennines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to tenminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. if termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.13, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated_ The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 524762 1 14 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or tern contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this ,Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of Citv Officers and Emnlovees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terns of this Agreement_ 9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest of the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that is has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. in connection with its performance under 5'47e2.1 15 this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship_ 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infrineement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable 5247621 16 manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm springs Attention_ City Manager & City Clerk 3200 E. Taliquitz Canyon Way Palau springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Beard/Provencher& Associates, Inc. 22931 Savi Ranch Parkway Yorba Linda, CA 92887-4640 Attention: James W. Beard, President Telephone: (714) 283-1100 Facsimile: (714) 283-1400 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severabilitv. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which 524762 1 17 he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 524762 1 18 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTSAPPROVED: CITY OF PALM SPRINGS, CA. By City Clerk City M'anager ate: IO/Z C�Z C�'01 Date: 0(_14 3y By !� Fire Chief i Date: (O/II eW AP VED AS TO FORM: APPROVED BY CITY COUNCIL: By Date: Agreement No. 'stity Att me '!l c APPROVED BY Cll'MANAGER Date: Corporations require two notarized signatures. One signature must be from Chairman of Board, President,or any Vicc President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. CONTRACTOR NAME: Check one_Individual_Partnership_t%Corporation Address P7 13yq—;. 4 m Z' f7 x By Signamrc(Notarized) Signamr tarized) s2a762 t 19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia _ County of Q _eS On before me, /- a • - A&RCIA b1la oae `•/ Hole nxrr Nomow moo ex ,¢r personally appeared _ a•_ (j�y'� __- Nz�rnlcl of 5dnor(q RENA ComniiiInN t• 1702979 4 ;a 1lotmy/irYN4-Coiitomia who proved to me on the basis of satisfactory evidence to La A11pW/County be the persDu(&) whose nameK�&are subscribed to the IlliIIIIIlllilll�+2D10 within instrument and acknow aged In me that (yfP:she/they executed the same it edtheir authorized a capacityfies)• and that by<gs4hedtheir signal (sg e on the SRIGITTE MARIE CAMARENA- instrument the person( )r;or the entity upon behalf of which the ;+ culornla § perso n(sl"acted, executed the instrumsrrt. 4 4.2 o I certify under PENALTY OF PERJURY under the laws .,,NOv .2010 of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature4 aC.oa?wNry sea�aGv✓� si d wyPuee.. OPTIONAL Though the in5vmafim below is net required 6y law,it may prove vahr ae io persons roiying on IM:document and could prevent Imudtdunt removal and reatrachmant of rfk9 tr to armlher dwur%W- Description of Attached Document Title or Type of Document: i'�,� Document Date: Number of Pages: Signer(s)Other Than Named Abovo: __—• Capecity(les)Claimed by Signer(s) Signer's Name- Signet's me: ❑ Individual ❑I dual 13 Corporate Officer—Titie(s). rporate Officer—TiUe(z): 11 Partner--Ll Limited �General _ ❑Partner--C2 Limited L"']General n Attorney in Fact EJ Attorney In Fact r- ❑ -Trustee Top cE V,. here 0 Tree 1 TUP Of tw ft*ham ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other: Signer Is Representing: Signer Is Representing CYOvI WJdnI yAaodylon•a3;oGs�xq.,y�ep�y=p2.gv�avrh CA 9i3iaawx•wxµh"o�ot�JIXaryap Rwn e'.90T rle[rJen.CdTd.Frsi-000.9l6f1i:] 514762.1 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � r ��a^:r:Caxexv.+xsv-.rvn.;.*c:n^a�z:.�.-�r'x.- �5•X�%c'v.s,ra�a�x,.,,o�+xam,��xr Mcvs�4t"�:SSz�G^x:`� State of California County of,Dra1n�� On d �D\V4 before me, I i � UvU karPU TWO a MI aulali� personally appeared ' ��Lbr(1µp yr (J N1 QJGI of SgnaKq who proved to me on the basis of satisfactory evidence to be the person(s) whose name(4 rgs'1fe subscnl)ed to the within instrument and acknowledged to me that 6zk4;efthey executed the same in�ii�neriThaivauthodzed CRMAL i.MUN02 oapacityoes�and that by nir paarJih@ir signatirip.(sj on the Commission# 1672892 y Notary Public - CollfbMia instrument e the persn(3) acted, a the entity upon behalf of orange Countv ( which the person(3) acted,executed the instrument My Comm. Expires Jun 6, 2010 Ir I ccrtlfy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my d an offi iaf al. —�� Signabre v�icg wiry seal rp%rvi. — Siry,xnand Nowry Tti� OPTIONAL Though the 7n,trmafion below is not requnad by faw,it may prow vahrble to Dotson rW.ng on the docuv, Pt and could prewnf fmudufenr removal and ry tM ahmont&M,,,fo.'rn to another doannent. Description of Attached Document ` Title or-rypeoi Document. ((Dr aS "b A yl Document pate. L 1 �� Number of Pages; Signers)Clhor Than Named Above: / Capeeity(fea) Claimed by Signers) S nWs Name: Signer's Name!-- ?Individual?Individual �llndnridual m� 7 Corporate Officer—TrUs(s): �:]Corporate Officer—Title(s): L Partner—IU Limited 0 General _ _ _ ❑Partner—E Umitec LI General _ 0 Attorney in Fact - ❑Attorney in Fact ❑ Trustee 'rbp of mumo here ❑TrustBe I roe of Vwtr ham ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other, ❑Other: ' 1 Signer Is Reprosonting; signer Is Representing: 1 92'.IGT NarlomlNwery Aeso[ialon-H9�0 WSmo AvE.eAE[�t2r,C2-gvne�vrth CA B18112102-rrxr:.AkLwelFldirycry ken iL9Qr audcr.GtlTd,•r�120b674C62T 574761 1 20 EXHIBIT "A" SCOPE OF SERVICES SUMMARY AND SCOPE OF SERVICES TO BE PROVIDED A. Fire Protection Systems Plan Review Services Scope of Work 1. Plan review for compliance of fixed fire suppression systems, fire sprinkler systems, fire alarm systems, commercial exhaust hoods, smoke evacuation systems, underground fire line (Public/Private), fire pumps and standpipes for compliance with the 2007 California Fire Code, as amended and adopted by the State of California (Title 24, Part 9 of the California Fire Code) and the City of Palm Springs. 2. Plan review for compliance of fixed fire suppression systems, fire sprinkler systems, fire alarm systems, commercial exhaust hoods, smoke evacuation systems, underground fire line (Public/Private), fire pumps and standpipes for compliance with the 2007 California Building Code, Volumes 1 & 2 as amended and adopted by the State of California (Title 24, Part 9 of the California Fire Code) and the City of Palm Springs. 3. Plan review for compliance with the National Fire Codes as published by the National Fire Protection Association (NFPA), as adopted and referenced by the State of California Code of Regulations, Title 19, Section 1.09 and the City of Palm Springs. 4. Plan review for compliance with applicable provisions relating to fire alarm systems of National Electric Code as published by the National Fire Protection Association (NFPA), as adopted and amended by the State of California (Title 24, Part 3 of the California Electrical Code), 5. Plan review for compliance with the Palm Springs Fire Department Developer Guidelines adopted as part of the 2007 Palm Springs Fire Code. 6. Plan reviews shall be completed in not more than ten (10) working days. The Palm Springs Fire Department shall be provided with a copy of all plan check comments. 7. Contractor to electronically scan all approved plans of fixed fire suppression systems, fire sprinkler systems, fire alarm systems, commercial exhaust hoods, smoke evacuation systems, underground fire line (Public/Private), fire pumps and standpipes that are reviewed for the Palm Springs Fire Department. Electronically scanned plans will be provided to the Palm Springs Fire Department. 8. Contractor to ship, mail or hand carry all documents and or approved plans with a letter of transmittal upon completion of the plan review. 9. Contractor to perform all necessary liaison with the applicant designee either by telephone, email, mail, fax or meeting to achieve conformance to the regulations which will include all necessary rechecks and re-submittals to achieve conformance to the regulations. 21 10. Contractor to perform all necessary liaison with the Fire Marshal or his designee, either by telephone, email, mail, fax or meeting to insure compliance with local policy interpretations. 11. Contractor to attend meetings in Palm Springs related to proposed building projects at the request of the Fire Marshal. 12. Contractor shall carry Professional Liability Insurance, Comprehensive General Liability Insurance and Workers Compensation Insurance. B. Inspection of Fire Protection Systems Services Scope of Work ON AN AS-NEEDED BASIS ONLY). 1. Contractor to perform inspections of buildings for compliance of fixed fire suppression systems, fire sprinkler systems, fire alarm systems, commercial exhaust hoods, smoke evacuation systems, underground fire line (Public/Private), fire pumps and standpipes for compliance with the 2007 California Fire Code, as amended and adopted by the State of California (Title 24, Part 9 of the California Fire Code) and the City of Palm Spring's at the request of the Fire Marshal. 2. Contractor to perform inspections of buildings at the request of the Fire Marshal for compliance of fixed fire suppression systems, fire sprinkler systems, fire alarm systems, commercial exhaust hoods, smoke evacuation systems, underground fire line (Public/Private), fire pumps and standpipes for compliance with the 2007 California Building Cade, Volumes 1 & 2 as amended and adopted by the State of California (Title 24, Part 9 of the California Fire Code) and the City of Palm Springs. 3. Inspection requests shall be fulfilled within forty-eight (48) hours of initial request. The Palm Springs Fire Department is to be notified in advance and must approve all inspection requests and may choose to accompany the contractor during the inspections. 4. Contractor to ship, mail or hand carry copies of all documents pertaining to the results of the inspections performed. 22 EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS FA i.M CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS # 15-09 Ii r. FIRE PROTECTION SYSTEMS PLAN REVIEW AND INSPECTION SERVICES c�rr,=owrs`� 1. BACKGROUND INFORMATION AND GENERAL DESCRIPTION The City of Palm Springs, California is requesting proposals from qualified firms or individuals to provide a fire protection systems plan review and inspection services that will be focused on pending hotel and mixed use development in the City of Palm Springs. These services will need to be reviewed in a timely and efficient manner. Due to the workload in the fire prevention bureau, existing staff is not able to provide the highest level of service, judicious plan review, and field inspection services to the developers who have requested that their projects be "fast tracked" through the process. The goal of the contract Fire Protection Systems Plan Review and Inspection Services will be to accommodate the development community and still maintain our high quality fire plans review and field inspections for other projects. H. SUMMARY AND SCOPE OF SERVICES TO BE PROVIDED C. Fire Protection Systems Plan Review Services Scope of Work 1. Plan review for compliance of fixed fire suppression systems, fire sprinkler systems, fire alarm systems, commercial exhaust hoods, smoke evacuation systems, underground fire line (Public/Private), fire pumps and standpipes for compliance with the 2007 California Fire Code, as amended and adopted by the State of California (Title 24, Part 9 of the California Fire Code) and the City of Palm Springs- 2- Plan review for compliance of fixed fire suppression systems, fire sprinkler systems, fire alarm systems, commercial exhaust hoods, smoke evacuation systems, underground fire line (Public/Private), fire pumps and standpipes for compliance with the 2007 California Building Code, Volumes 1 & 2 as amended and adopted by the State of California (Title 24, Part 9 of the California Fire Code) and the City of Palm Springs. 3. Plan review for compliance with the National Fire Codes as published by the National Fire Protection Association (NFPA), as adopted and referenced by the State of California Code of Regulations, Title 19, Section 1.09 and the City of Palm Springs. 4. Plan review for compliance with applicable provisions relating to fire alarm systems of National Electric Code as published by the National Fire Protection 23 Association (NFPA), as adopted and amended by the State of California (Title 24, Part 3 of the California Electrical Code). 5. Plan review for compliance with the Palm Springs Fire Department Developer Guidelines adopted as part of the 2007 Palm Springs Fire Code_ 6. Plan reviews shall be completed in not more than ten (10) working days. The Palm Springs Fire Department shall be provided with a copy of all plan check comments. 7. Contractor to electronically scan all approved plans of fixed fire suppression systems, fire sprinkler systems, fire alarm systems, commercial exhaust hoods, smoke evacuation systems, underground fire line (Public/Private), fire pumps and standpipes that are reviewed for the Palm Springs Fire Department. Electronically scanned plans will be provided to the Palm Springs Fire Department. 8. Contractor to ship, mail or hand carry all documents and or approved plans with a letter of transmittal upon completion of the plan review. 9. Contractor to perform all necessary liaison with the applicant designee either by telephone, email, mail, fax or meeting to achieve conformance to the regulations which will include all necessary rechecks and re-submittals to achieve conformance to the regulations. 10. Contractor to perform all necessary liaison with the Fire Marshal or his designee, either by telephone, email, mail, fax or meeting to insure compliance with local policy interpretations. 11. Contractor to attend meetings in Palm Springs related to proposed building projects at the request of the Fire Marshal. 12. Contractor shall carry Professional Liability Insurance, Comprehensive General Liability Insurance and Workers Compensation Insurance. D. Inspection of Fire Protection Systems Services Scope of Work (ON AN AS-NEEDED BASIS ONLY). 1. Contractor to perform inspections of buildings for compliance of fixed fire suppression systems, fire sprinkler systems, fire alarm systems, commercial exhaust hoods, smoke evacuation systems, underground fire line (Public/Private), fire pumps and standpipes for compliance with the 2007 California Fire Code, as amended and adopted by the State of California (Title 24, Part 9 of the California Fire Code) and the City of Palm Springs at the request of the Fire Marshal. 2. Contractor to perform inspections of buildings at the request of the Fire Marshal for compliance of fixed fire suppression systems, fire sprinkler systems, fire alarm systems, commercial exhaust hoods, smoke evacuation systems, underground fire line (Public/Private), fire pumps and standpipes for compliance with the 2007 California Building Code, Volumes 1 & 2 as amended and adopted by the State of California (Title 24, Part 9 of the California Fire Code) and the City of Palm Springs. 24 3. Inspection requests shall be fulfilled within forty-eight (48) hours of initial request. The Palm Springs Fire Department is to be notified in advance and must approve all inspection requests and may choose to accompany the contractor during the inspections. 4. Contractor to ship, mail or hand carry copies of all documents pertaining to the results of the inspections performed. 25 III. SCHEDULE Notice for Request for Proposals posted and issued .......................Wednesday, March 25, 2009 Deadline for receipt of Questions........ ................................. Friday, April 10, 2:00 P.M. , 2009 Deadline for receipt of Proposals.....:.................................. Friday, April 17, 2:00 P.M. , 2009 Short List/ Interviews (*if desired by City)................................................................ .............TBD Contractawarded .............. .. .. ............................ .. .. --........................................... TBD IV. MINIMUM QUALIFICATIONS AND REFERENCE CONTACT INFORMATION 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 shall not exceed 20 pages (sheets of paper), double sided (8'/2" by 11 including an organization chart, staff resumes and appendices, and cover letter. Dividers, Attachment "A" and Addenda acknowledgments do NOT count toward the 20 page limit. ❑ One (1) unbound original plus Five (5) bound copies for a total of Six (6) 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. A brief statement of the respondent's understanding of the work shall be included, along with key contact information (address, phone, fax, and email). 26 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 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 in regards to 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 general Scope of Work, and provide a detailed Work Proposal/Approach to accomplish the tasks, including a timeline. 5. Local Preference. Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and sub-consultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. The full local preference will be awarded to a Local Business. 1, 2 or 3 points may be awarded to a non-local business that employs or retains local residents and firms for this project. In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. 6, Cost Proposal (1n a separate sealed envelope). The City does not have specific budget expectation at this time and is relying on the vendor community to provide cost proposals. 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 Cost 27 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 or the project manager by the selected consultant will not be allowed without prior approval by the City of Palm Springs. Q All proposals must be received in the City of Palm Springs, Division of Procurement and Contracting by 2:00 P.M., LOCAL TIME, FRIDAY, APRIL 171h. 2009, 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 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: Leigh Ann Gileno, Procurement Specialist II QUESTIONS: Proposers, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a proposal. ANY questions, technical or otherwise, pertaining to this Request for Proposal must be submitted IN WRITING and directed ONLY to: Leigh Ann Gileno, Procurement Specialist II Procurement & Contracting Dept. 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: LelghAnn.Gileno(&palmsorings-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, Friday, April 10, 2009. 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 (2) SEALED envelopes as follows: Envelope #1, clearly marked "Work Proposal', shall include the following items.- Completed Signature authorization and Addenda Acknowledgment (see Attachment A); • Information on the firm and personnel; 28 • Work proposal — describe in detail your approach and understanding of all necessary tasks and steps involved in the project as per the scope of work, including a list of deliverables; • Related Experience/References: include relevant experience and reference name/contact information,- If applicable, your specific request for Local Preference and a copy of a valid business license from a jurisdiction in the Coachella Valley. Envelope #2, clearly marked "Cost Proposal", shall include the following item: • Note: Funding for the Work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. • List the hourly rates (or other rates as they may apply) for each type of plan review or inspection as more fully described in the scope of work. • List all associated costs (other than any hourly rates) for each type of plan review or inspection as more fully described in the scope of work. • List any reimbursable expenses the City may incur. • List any additional costs that have not otherwise been provided above that the City may incur in conjunction with the duties performed as described in the scope of work. • 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 the Exhibits in the sample contract are intentionally not complete and will be negotiated with the selected firm and will appear in the final Professional Services Agreement executed between the parties. Any exceptions to the language contained in the RFP document, sample agreement, including the Insurance Requirements, MUST be included in the Proposal 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, or negotiations are not successful, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on. VL 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 El 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. 29 ❑ 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. In the event that oral presentations are requested by the City, additional and/or different selection criteria may be used for that phase of the selection process. ❑ A final selection of the consultant will be determined fallowing 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. Proposals shall be evaluated based upon the following factors: • Project Understanding: Degree of understanding of the project and of the 2007 California Fire Code, 2007 California Building Code, Vol. 1 & 2, relating to fire alarm systems, and the National Electric Code as published by the National Fire Protection Association (NFPA)—(30%). • 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 Managers/Staff Qualifications: Qualifications of the staff assigned to manage and provide services related to the project; experience with similar projects; —(25%). • Firm Qualifications/Consultant References: Past experience in projects related to the outlined Scope of Work relating to experience with Fire Protection Systems — (15%). • Local Preference: If applicable, a firm that meets the requirements of a Local Business as defined by Ordinance 1756 and requests such preference in writing with their solicitation — (up to 5%). • Project Cost: The project cost will be considered after selection of the best proposals; no weight shall be given to the cost in the selection or ranking of the consultants. 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 scheduled City Council meeting after the evaluation committee has made its final selection of the consultant to be recommended for award and a contract has been satisfactorily negotiated for consideration. The decision of the City Council will be final. ❑ Public Record: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, may be made public after the review process has been completed, negotiations have concluded and a recommendation for award has been officially agendized for City Council consideration, and/or following award of contract to a specific firm, if any, by the City Council. 30 ❑ 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 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. 31 ATTACHMENT "A" RFP 15-09 FIRE PROTECTION SYSTEM PLAN REVIEW AND INSPECTION SERVICES *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL* SIGNATURE AUTHORIZATION NAME OF PROPOSER/FIRM: 1 1,Pj 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 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. 32 ok PAL.H SA VCr REQUEST FOR PROPOSAL (RFP 15-09) FOR Fire Protection System Plan Review and Inspection Servioes ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: 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, CLARIFICATION OF INSTRUCTIONS TO PROPOSERS: The City has received the following questions and is hereby providing answers thereto: RESPONSES TO QUESTIONS RECEIVED TO DATE: Q 1: It is not clear if this RFP is looking for an hourly figure only or a fixed dollar amount for the total job (pending hotel and mixed use development in the city of Palm Springs)- To provide a fixed dollar amount would not be possible based on the lack of information provided at this time. The following is a list of some of the key unanswered questions: a, Size of project b. Number of contractors submitting plans c. Number of re-submittals required before approval can be recommended to City d. Number and size of fire sprinkler system(s), hood system(s), and number of components in fire alarm system(s). A 1: Correct. The City is not requesting a fixed dollar amount. Rather pursuant to page 6 envelope#2 "Cost Proposal, the City is seeking hourly rates and other costs for the scope of worts_ In mast jobs, that would include but not be limited to 1)clerical staff processing, 2)fire protection plans examination, 3) mailing and administration of the plan review, 4) follow-up phone calls for clarification or written follow-up 33 correspondence, 5)possible travel to the job site and 6) field inspections at the job sited requested by the fire marshal, etc., etc. Q 2: Are we correct that"Attachment A" referencing RFP 10-09 is a sample of form "Signature Authorization" needed with our proposal? A 22 Due to the City's clerical error on the original document Attachment A'has been revised and corrected(copy attached) and may also be found on City's web site with the document. The correct#is RFP 15-09 far FIRE PROTECTION SYSTEM PLAN REVIEW AND INSPECTION SERVICES. BYT0D'jPE 7 CITY OF PALM SPRINGS, CALIFORNIA I Lei Ann Gile Procurement Specialist 11 DATE: April 07, 2009 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: 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 deemed non-responsive. 34 FA _I REQUEST FOR PROPOSAL (RFP 15-09) FOR Fire Protection System Plan Review and Inspection Services • �9'�r0&NAP' ' ADDENDUM-NO.2 This Addendum is being issued for the following changes and informational items: 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. CLARIFICATION OF INSTRUCTIONS TO PROPOSERS: The City has received the following questions and is hereby providing answers thereto. RESPONSES TO QUESTIONS RECEIVED TO DATE: Q 1: Is the Fire Dept requiring all final approved documents to be submitted back to the City on a CD? A f: Yes, approved plans will be electronically scanned and be provided to the Palm Springs Fire Department on a CD along with the original stamped approved plans. Q 2: If you could email list of these who have responded as being Proposers on this project, A 2. Herds&Associates Premier Security, Inc- Beard, Provencher&Associates Inc. DUD✓K Interest Consulting Group Bureau Veritas North America, Inc, Q 3: In the RFP, on page 2 item 97. "Contractor to electronically scan all approved plans of fixed fire suppression systems, fire sprinkler systems,fire alarm systems, commercial exhaust hoods, smoke evaluation systems, underground fire line (Public/Private), fire pumps and standpipes that are reviewed for the palm Springs Fire Department- Electronioally scanned plans will be provided to the Palm Springs Fire Department"Will this be required or can paper plans still be submitted to the Palm Springs Fire Department? A 3: The Fire Department is requiring all final approved documents to be submitted back to the City on CD along with the original stamped approved plans as stated above in question and answer#1. 35 BY ORDER F Ty IE CITY OF PALM SPRINGS, CALIFORNIA L ' h Ann Gifeno Procurement Specialist II DATE: April 10, 2009 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. 36 F ?ALAI s REQUEST FOR PROPOSAL (RFP 15-09) FOR a. FIRE PROTECTION SYSTEMS PLAN REVIEW Cgf�FpRN�P & INSPECTION SERCIVES ADDENDUM NO. 3 This Addendum is being issued for the following changes and informational items: 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. CLARIFICATION OF INSTRUCTIONS TO PROPOSERS! MODIFICATION TO DOCUMENT: REMOVE Attachment"A" included in original RFQ 15-09. REPLACE: With attached Attachment"A"which adds a Local Business Preference for selection by your firm should it apply. BY�ODER) CITY OF PALM SPRINGS, CALIFORNIA YA L g Ann Gileno Procurement Specialist Il DATE: April 13, 2009 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 3 is required by signing and including the acknowledgment with your proposal_ Failum to acknowledge this Addendum may result In your proposal being deemed non-responsive. 37 EXHIBIT "C" CONSULTANT'S PROPOSAL Beard / Provencher & ASSOCIATES, INC. 22931 Savi Ranch Parkway Yorba Linda,CA 92887-4640 714/283-1100- Pax 714/283-1400 Mechanical&Fire Protection Engineers Specializing in Razardous Material, Code Consultin&Property Survey&System Design PROPOSAL FOR PROVIDING FIRE PROTECTION SYSTEM PLAN REVIEW AND INSPECTION SERVICES (RFP 15-09) DATED: MARCH 25, 2009 DUE BY: APRIL 17, 2009 (2:00 P.M.) PROVIDED TO: CITY OF PALM SPRINGS PROCUREMENT AND CONTRACTING DEPARTMENT 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 ATTN-. LEIGH ANN GILENO PROCUREMENT SPECALIST PREPARED BY: JIM BEARD 38 Beard I Provencher & ASSOCIATES, INC. 22931 Savi Ranch Parkway Yorba Linda, CA 92887-4640 714/283-1100- Fax714/283-1400 Mechanical&Fire Protection Engineers Specializing in Flazardous Material, Code Consulting, Property Surrey& System Design April 16,2009 Leigh Ann Gileno Procurement Specialist II City of Palm Springs 3200 E. Tahquitz Canyon way Palm Springs, GA 92262 Subject: Proposal for Providing Fire Protection System Plan Review and Inspection Services Reference: RFP15-09 Pursuant to referenced RFP, Beard, Provencher&Associates Inc. (BPA) is pleased to offer the following proposal to provide fire protection system plan review and inspection service_ We believe we can be of an asset to the city of Palm Springs Fire Department. We will provide good, timely, well documented and complete responses with codes/standards referenced to plans submitted for review. Each on-site inspection will be on time, complete, thorough and documented. Our office location will pen-nit us to be at your office to pick-up/drop off plans or on a construction site within 90 minutes. All of our personnel have been provided with cell phones, direct access to the internet (e-mail) and direct dial phones with voice mail,thereby providing timely access in an hour of need. All documents (plans, hydraulic calculations, inspection reports) submitted to this office (approved or not) are electronically scanned by this office for easy access by our personnel. Description of Firm BPA has been in business for over 20 years and consists of 4 full time employees, who individually have numerous years of experience working with various jurisdictions and California construction code and standards (i.e_ UBC. UFC, CBC, CFC, NFPA and Internabonal Codes with California Amendments). Because of the company's involvement with plan review and inspection in numerous cities, we have a clear understanding of the demands and requirements. BPA is small enough to be flexible while large enough to meet demands. George Provencher FPE, ME and BPA are licensed with the California Board of Professional Engineers as a fire protection engineering firm_ BPA only involves Itself in fire protection issues (i.e. fire sprinklers, fire alarm, fire department access, fire flow, 39 City of Palm Sprigs, Procurement and Contracting Department Subject Proposal for Providing Fire Prolection System Plan Review and Inspedion Services Reference:RFP15-09 April 16,2009 Page 3 of 30 standpipes, egress, commercial hood suppression)thereby keeping our skills current BPA's normal business hours are Monday through Friday, 7:00 a.m. to 4:00 p.m- During these hours someone is always available at our office to accept re-submittals, answer inquiries, and schedule appointments for inspections. The primary contact person is Sue Reid (Phone: 714-283-1100 ext 100, Fax: 714-283-1400, E-Mail suer(Wbpassoc.com)- She can direct the individual to the appropriate individual to answer any questions regarding a plan review or inspection, provide information on the status of a plan review, and schedule any appointments or inspections. SPA carries Professional Liability Insurance, Comprehensive General Liability Insurance, and Workers Compensation Insurance. Key Personnel Qualifications (Team Members) SPA is blessed to have long term employees. This consistency in our staff provides a stable platform to provide high quality service to the City of Palm Springs. 1. Jim Beard (President), extension 102 (imb@bpassoc_com) has been involved in the design of fire sprinkler systems and detection systems for over forty (40)years. He has taught classes at Rancho Santiago Junior College, Miramar Junior College and Chaffee College on design and hydraulic calculations of fire protection systems and has been a guest speaker for organizations such as OCFPO and SBFPO_ His current duties include plan check of fire alarm/monitoring system plans, architectural/fife safety review and inspections at various cities on an as needed basis. 2. George Provencher(Vice President), extension 107(q_eorgepObpassoc.com), is a Registered Professional (Mechanical and Fire Protection) Engineer in the states of California and Arizona_ He graduated from Cal Poly (1971) and since then has been involved in design and consulting on fire protection systems in all types of buildings, including high rises (+400 feet), aircraft hangars, commercial and industrial buildings. His current duties include overseeing and reviewing all documents prepared by this office to verify their compliance with the standards set by this office and to fill in on an as needed basis in plan checking/inspections. 3. Bob Buffington, extension 104 (bobbobpassoe.com), grew up in the industry and has been involved in the design of automatic fire sprinkler systems for over twenty- (20) years. His first ten (10) years were spent working for afire sprinkler contracting firm and the last twelve (12) years have been with BPA, In the first five (5)years with SPA, he prepared drawings for all types of fire sprinkler systems, including residential developments, commercial/warehouse buildings and aircraft hangar buildings (deluge system with a detection system). During the past seven 40 City of Palm Springs.Procurement and Contraang Department Subject: Proposal for Providing Fire Protection System Plan Review and Inspection Services Reference:RFP15-09 April 16, 2009 Page 4 of 30 (7) years his main duties involved plan checking and inspection of fire sprinkler systems for various cities. 4. Sue Reid, extension 100 (suer(&)bpassoc.com) has been with BPA since its beginning and prior to that worked for James Beard &Associates. Her duties include receiving plans, identifying due dates, typing and faxing and/or e-mailing of plan check comments, scanning into permanent electronic file of all documents, transmitting of plans and hydraulic calculations to the cities, maintaining our data base on individual plan review projects and scheduling inspections. Jim Beard is the overall designated primary point person for the city. Bob Buffington handles the majority of the fire sprinkler plan check and inspections, while Jim Beard does most of the fire monitoring/fire alarm system plan check, architectural/fire life safety reviews and inspections. This provides consistency in our reviews. Other members of the team assisting in review always consult with Bob or Jim prior to their comments being published. ❑uring the inspection process, we try to have only one team member involved with a particular site to maintain familiarity, unless time restriction prevent it. Past Experience/References BPA has provided similar services in the following cities. These services were provided without complaints being received from developers or contractors with all plan checks and inspections completed on time as promised. 1. Victoria Gardens, Rancho Cucamonga, California John Thomas,AICP, Plan Check Manager, 909-477-2710 ext. 4206 John.Thomas@cityofrc.us Michael Frasure, Senior Building Inspector, 909-477-2710 ext. 4217 Mike.Frasureacityofrc.us This project consisted of 3 major stores, one AMC Theater, 2 multi level parking structures, 26 multi tenant satellite buildings, one food court building, and the Cultural Center(library and auditorium). An overall site plan is enclosed. BPA was the plan checker and on site inspector of record for the total project. Our scope of work included all fire department code requirements (i.e. access, egress), installation of fire sprinkler and fire alarm systems. We started with the installation of the underground infrastructure to the releasing of the Certificates of Occupancy.. Primarily involved in this project were Jim Beard and Bob Buffington, who would also be the personnel primarily involved in the Hotel and Mixed Use Development in Palm Springs, 2_ Gardenwalk,Anaheim, California Jeff Lutz, Fire Marshal, 714-765-4045 JLutzCDanaheim.net Todd Rudaitis, Senior Fire Safety Specialist 714-765-4067 trudaitis anaheim.net 41 City of Palm Springs. Procurement and Contracting Department Subject: Proposal for Providing Fire Protection System Plan Review and Inspection Services Reference: RFP15-09 April 16,2009 Page 5 of 30 This was a multi-story, multi-building project that included a parking structure and several mufti-tenant shopping buildings. Our scope of work included plan checking of fire sprinkler, fire alarm and hood suppression system plans for the entire project. Most of the reviews were done on an expedited requested service and SPA met all goals. 3. Rancho Cucamonga Fire Construction Services In addition to the Victoria Gardens project, SPA has had a contract with the city for the past ten years to provide all plan checking of fire sprinklers, fire alarm and hood suppression system submittals, attend meetings with developers, contractors, architects and civil engineers and provide on-site inspections on an as needed basis. Besides the above services, we make entries via our intemet connection directly into the city system (Tidemark), documenting all of the actions performed by us on projects in the city. This includes plan check and inspection comments. Each morning (7:15 a.m.) we connect with the city computer and pull off inspections for that day. By 8:15 a.m, contractors requesting inspections have been called and given the time that we will be at their site_ 4. Upland Fire Department Louis Steslicki, Division Chief 909-931-4180 Isteslicki aC2ci.uoland.ca.us Fred St_Angle, Fire Inspectorfinvestigator, 909-931-4180 fstangepc1_upland.ca_us SPA has been providing Upland Fite Department with plan checking services for fifteen plus years. We attend meetings with design teams representing new projects, review submitted fire sprinkler, hood suppression system and fire alarm plans and advise the city on matters of code interpretations. 5. SPA is on the approved list for Plan Review of fire sprinkler and fire alarm systems in the cities of Banning, Monrovia, Laguna Beach, Fullerton and City of San Bernardino. 6. California State University at Fullerton Our scope of work is to review all plans for projects on campus (currently includes 2 five level parking structures, 5 five story student housing buildings)to identify all fire life safety code requirements in the hopes of expediting plan checking at both the local and state level. 7. Although not similar in the nature of this project, BPA provided plan review and inspection services at the San Bernardino International Airport. After preparing bid documents as the Engineer of Record, we were requested by both the client (SBIA) and the City of San Bernardino Fire Department to support them during 42 City of palm Springs, Procurement and Contracting Qepertment Subject: Proposal for Providing Fire Protection System Plan Review and Inspection Services Reference: RFP15-09 April 16, 2009 Page 6 of 30 construction and inspection. This project consisted of four aircraft hangar buildings, each having several foam deluge system and a complete detection system. The water supply was from five 4000 GPM fire pumps taking water from a two million gallon storage tank. Underground piping system from fire pump to each hangar was 16" and 20" pipe. Understanding of Scope of Work and Methodology to Complete Tasks As a demonstration of our ability, commitment and understanding on handling a project like this pending hotel and mixed use development in the city of Palm Springs, BPA provided, as stated above, all fire sprinkler and fire monitoring plan review and inspection services in 2004 for the new Victoria Gardens Mall (Foothill and Hwy 15). Besides the plan checking of all of the fire sprinkler and fire monitoring plans for the shell buildings and individual tenants, we were responsible for all of the inspections and coordination with over 40 general contractors and their subs for tenant interior modifications. This service was provided by the same team members described under"Key Personnel" without any complaints to the city of Rancho Cucamonga or delay to the project. (They opened on time.) We invite you to contact John Thomas, Building and Fire Plan Check Manager for Community Development. We have included samples of both our plan check comments and the corresponding record from our data base for several projects. The plan check comments are representative of the type of comments generated and the directions provided during fire sprinkler and fire alarm plan checks and architectural/life safety reviews. The data base report shows the type of job (i.e.fire sprinkler, fire alarm, etc.), project size, number of sprinklers and or buildings/systems, dates received by city and BPA, when plan check comments were published and any other pertinent information (i.e. telephone conversations with contractor and/or city). As you will note, we maintain a 10 working day turnaround, In fact, in most cases we are able to keep this time to 5 or 6 working days. 1, Plan Checking Service Our Scope of Work shall include plan review of various construction trade drawings, including, but not limited to,fire sprinkler, fire alarm, commercial hood fire suppression system, area smoke evacuation system, underground fire lines (public and/or private), fire pump and standpipe systems. The goal of these reviews is to verify that said systems comply with 2007 Edition of the California Building, Fire, Mechanical and Electrical Codes, Palm Springs Developer Guidelines, and related NFPA or other nationally recognized and agreed to standards. Upon receipt, Plans are date stamped, logged into BPA's database and noted with a "due date". This "due date"is ten working days from when the City received the plans_ Review comments are typewritten and provided directly to submitting contractor and city representative simultaneously via fax or e-mail within the ten working days. Re- submittals are also date stamped and logged into BPA's database. All re- 43 City of Palm Spdngs, Procurement and Contracting Department Subject Proposal for Providing Fire Protection System Plan Review and Inspectbn Services Reference: RFP15-09 April 16,2009 Page 7 of 30 submittals shall have our written response within five (5)working days of receipt. Upon forty-eight hours advance notice and at the request of the Fire Department authorized representative, we will attend any meetings relating to proposed project. In the hope of improving communication between the City and the general contractor/developer, BPA can also include them in our list of those to receive our comments. During the review plan check process, SPA shall provide all liaisons with applicant/contractor designee either by telephone, fax, e-mail or meetings to achieve goal. Upon completion of review process, plans shall be returned to the city fire department with our stamp and signature(See Example) recommending acceptance along with a letter of transmittal. All plans and provided documents, including all submittals by contractor, shall be electronically scanned and filed by permit number. Fire Department shall receive along with the approved plans a compact disk (CD)containing copies of all submittals in both "PDF and 'TV formats for their files_ Prior to shipping, Palm Springs Fire Department shalt advise via a phone call or e- mail (Sue Reid) of plans awaiting plan check. If we have someone in the area that day, we will pick them up thereby saving shipping expense and any possible delays. 2 On an "As Need Basis"fan-Site inspection Services SPA shall perform on-site inspections as requested by authorized fire department representative via phone call, e-mail or fax. This service shall be scheduled through our office directly with the contractor or fire department representative requesting inspection. The goal of this direct communication is to provide a time to contractor when we will be on site and ready to review their work, eliminating them waiting for our arrival. All of the above to be completed within 48 hours of receipt of requested inspection by Palm Springs Fire Department. Our on-site inspection shall include but not be limited to fire sprinklers, fire alarm, commercial hood fire suppression systems, area smoke evacuation systems, underground fire lines (public and/or private), fire pump and standpipe systems. The goal of the inspections is to verify compliance with approved plans and earlier stated codes and standards. At the end of the inspection and before leaving the site, a handwritten complete report (see attached sample form) shall be provided to the requesting contractor and general contractor(as requested or directed). Upon returning to our office, normally the next day,the Palm Springs Fire Department will receive via Fax or e-mail a copy of the Inspection Report for their files. They will also be electronically scanned for future reference. 44 City or Palm Springs, Procurement and Contracting Department Subject: Proposal for Providing Fire Protection System Plan Review and Inspection Services Reference: RFP15-09 April 16, 2009 Page $of 30 May we suggest rather than providing a CD of approved plans as stated above, we wait until permit is cleared and then BPA will provide a CD to Palm Springs File Department with all of the plan submittals, approved plans and inspection reports. BPA is constantly visited by various manufacturer representatives {sprinkler, pipe, pump, hangers, and fire alarm components}_ This helps us to keep updated with changes in their product line with emphasis on the U.L. listing requirement/limitations. Periodically team members will attend classes or seminars presented on code changes. In addition, we are active members of NFPA and subscribe to their code update and formal interpretation services. We also maintain a reference book for the California State Fire Marshal's formal interpretations as published at their website. The key to a good working relationship is communication. This could be a simple phone call, fax or an e-mail requesting the pick-up of plans or to contact a contractor to set up an inspection_ This is why we insist on sending a fax or e-mail of every activity performed by this office. This includes plan check comments, when an inspection has been scheduled and the results of an inspection. In closing, we trust we have responded to your RFP with the requested information. If additional information is needed, please do not hesitate to call. We would gladly respond either in writing or in person. Sincerely, 11,R D, PRCVENCHER &ASSOCIATES INC. p�ee� James Beard, President JB:slr Enclosures 45 o s � $sRs a •3s 9 sS$ 8 �3 i d ifs s €d INN NN � Z� � � � .� � i � f d.l � � °a"; �,y c:-d* v•G^a @2A � n"Exc..x•n"^,ov o9:^'Rx'+n `-__�-__ � U° !I IMA RJR }$i'E"gd s` �.5g HUM �'a`�' - fl © �1 ss afagasxc= $"syY�e =�a :9s$M "s��?HISS ut . -'�•�. `Q' n� ^p° ^ga•x."sa .rSQaR .L::evx•Qa Gxc r• vsQ"a as°3R&EE Y. lu r'. .Y • a N ul E'S u fljss3d76�� `G " y ?Yidi� ' . - { y s J' 1�33gYY313633 iY� i i•e`.R:.,C`;�.'%- �p< ® _ - _ a e..,A Rqa A Rf G"aeu,Rd:A^qT^R=n�o _ a 7E•`o= ^Ax R GY'.R .G•.Gx i Lu Ryl _! H N ��N �a 'e��'1 1a a`x�i �� gil Q a APPRSNED AS SUM MI) 0 AFRO ASKM Q REFURNFUFOR CORREC'TIDNS AND RESURMHAL CORRECTIONS OR C'OhB4lENTS MADE ON THE SHOP DRlIYtN(TS DURING THS{WkW DO WT RE E&CONTRACTOR FKM 001110M VM 0"IUCOM,pfUNA M OR 171WR LAW. TWWVT�,AH ACC OF cross ON OR FAILURE TO BRING ITEM OF CMMiq I TO THE APPLlC MAnBYI ON DOES NOT CONSTITUTE MW TO VY4fVER REQU$B& FS, BEM D, PROVENCHER & ASSOCIATES, INC. as er -- 47 E9Beard / Provencher & ASSOCIATES, INC. 22931 Sav!Ranch Parkway Yorba Linda, CA 92BB7-4640 7141283-1100 - Fax 7141283-1400 INS'ECTIOWCOMMENT SHEET Permit No: Date: Address: Contractor. Contact Person: Phone: LriW - n-:140 -- 14 - �b:4r7�. ., Talk ay.�'',£ i� 6eardfProvenjher&AssociatesRepresentative Received by Signature Copies: Contractor❑ General contractor 0 City❑ sPP,❑ Page of 48 BEard / ProvenchEr & ASSOCIATES, I NC. 22931 Savi Rsnch Parkway Yvrba Linda,CA 92N 74640 714l283-1 t00- Fax 7W283-1400 Mcehartieal k Firc Profcdfon Engineers Sbxrnlirirrg Rr tf�wdwst Rar—al.Cadc Con Auw.PropeKySwvey Ei AcS)srem Dwlgn FIRE SPRINKLER PLAN CHECK COMMENTS Date: March 28, 2005 Project Davis Building, 11095 Jersey Blvd., Rancho Cucamunga Contractor: General Underground Fire FAX 714-632-0579 Plan Check Comments from: James Beard cc: Rancho Cucamonga Building &Safety-John Thomas Fax#909-477-2711 Case Number: PMT2005-01069 Pursuant to the request of Rancho Cucamonga this office has proviad the plan checking service for the Fire Sprinkler plans received March$ for above referencegl;project. Plan Check Fee's includes the original plan review and one re-check, Ofease insure that all corrections are made prior to re-submittal to avoid additional fees. The following comments need to be addressed. 1, Provide water flow test fetter. "" "•"",Ye4 2. Provide approved copy of underground plan. $. Provide site plan with hydraulic talc nodes. 4. System#1 Calc a Pipe#26 is missing a tee. b Cannot verify pip m es 154 th 160 without a site plan- 5' Provide hydraulic calcutations for System#4. 6. Tol-Brace Seismic Calculations should be based on S'mains and 2-1/2"branch lines, not 2" branch lines. 7. Riser Detail calls out for 8° gate valve with tamper switch, but only alarm valve is shown. Also, call out the flex,coupling required at top of riser. 8. Show on piping plans where Hanger#1 B is to be used. 9. Provide pressure relief valves for all systems. 10. Provide flex, coupling within 24"of top and bottom of 2-1/2"drop to Mezzanine piping. 11. Provide and of branch line restraint detail for Mezzanine piping. 12, Provide brace connection detail to Tit's for mezzanine piping_ 13. Is mezzanine area at first floor office? 14, Revise address on plans and talcs to 11096 Jersey Blvd. 15, Provide seismic brace calculation for system#4,8 mains with 3"branch lines. A transmittal MUST be included with resubmittal. Include contact or designer's name on transmittal. Revisions to plan,due to corrections from Plan Check or For any other reason, must be clouded andfor numbered "delta" symbol and include date of revision to facilitate rechecking/baokchecking of corrected/revised set of plans and hydraulic calculations. 4Vr"kk4YlkwM Resubmittals can be made direct to BPA. Plan check fees are payable to the City of Rancho Cucamonga. If you have any questions,please call the above. 49 PROJECT HAM Lliyl9 guildlrtg - ADDRESS 11095 Jsrse + NOTHS' PROJE�TCITY ......_ — _-- Systeml 336heads; 2-435 heads; 3- tv ng n Cueamon --' remote area cares. 404 heads; 4 342 heads vrl4 JECT STATE — - _ ZIP _ 318108 r-calved(city anroB) 3-28.05 Fax comments C4IVFRACTOR C EPal EUrtd46 rOund---- - __J B-1-05RESUBMIT PER1Ntr NUMSE PMT2O05-rJ 69 - B-2-05 tax PLAN 7'YP9 _ - 9.8.05 tee, rev, plans fmrn Gen. VG Fire S „rinkler_ 9-8.05 updated Brenda STA v O'9405 PC cornmeni sent to sub and Brenda(harleNeq ten) proed. _ OUE D TE 9/2 9.13.05 Tax comments PLAN cH Sobs 9-16.05 resubmit B 20-05 approved DYUG.SCANNED E9 l fE84-` g4u.40 _ Ao"I count System i 435;2.435;3.48q;4-399 0 5TL§kAGE BDx end onhj 3 cello areas 122,533 3F=$183.784 50 valuation=5545.00 t70HIAGARpETq¢ 5 submittals i &2nd$545; 3,4, &5 S100 each j I I i l i i BEard / ProvenchEr & ASSOCIATES, INC. 22931 Savi Ranch Parkway Yorba Linda,CA 92S87-4540 7141283-1100- Fax 714/283-1400 Medturticuf Foe Arolec�lon F'lfgluers Spcci�izing inHaa dau ma/e iA Code COM-d1irg,property Sri.-icy& 1W1 om:gn FIRE ALARM PLAN CHECK COMMENTS Date: October 18,2005 Project: Public Storage Facility, 10701 Arrow Rt-, Rancho Cucamonga Contracoon Trend Systems FAX714-842-0370 Plan Check Comments from: James Beard Cc: Rancho Cucamonga Building &Safety-John Thomas Fax#909A77-2711 Case Number. PMT2005-05303 Pursuant to the request of Rancho Cucamonga this office has provided the plan checking service in compliance with Catifory Fire Code and Rancho Cucamonga Standard 10-6 for the Fire Alarm plans received October 14 for above referenced project. Plan Check Fee's includes the original plan review and one re-check- Please insure that all correction are made prior to re-submittal to avoid additional fees. The following comments need to be addressed. Revisions to plan, due to corrections from Phan Check or for any other reason,must be clouded and/or numbered"delta'symbol and include date of revision to facilitate rechecking/backchecicing of conected/revised set of plans. xat[iY;M txhANN J. Provided for your reference(and future use)is Rancho Cucamonga's"Alarm Submittal for Contractors'(ASC)form from Std. 10-6. All pertinent items to this project need to be addressed, Pay particular attention to circled items in resubmiftal. 2. Sequence of Operation does not show Knox Box(supervisory only). 3. Duct Defectors can only be supervisory- 4. Show monitoring of OS&Y valve at City Connection- 5- Please show heat detector above FA.C.P., not smoke detector. 6. Please show on Sequence of Operation when fire department will be called. 7. 60 hrs battery does not omit requirement for UL Central Station. RCFD Fire Safety Division Standard#10.6 can be obtained from the internet at http:l/worn.ci,rancho-cucamonoa-ra.ustfire !x*xM4FilrhkF Resubmittals can be made direct to BPA. Plan check fees are payable to the City of Rancho Cucamonga If you have any questions, please call the above. 51 }.�. a•+ 7.iCfwL'��' • ' :cr • WE REM' e aic ,' :....-_,ay., ., �. •:�• .-' - ';`r�'.^Lei ?L SEard / Provenchu & ASSOCIATES, INC. 22931 Savi Ranch Parkvray Yorba Linda,CA 92887-4640 • 7141283-1100- Fax 7141283-1400 EWYe&1=kU[&F"ire p.y�fuciron 6ngincers SpaciclQi� rn Hclurdous brat✓/cf,CodeC,=j&ng•ProparySwveye System wign FIRE SPRINKLER PLAN CHECK COMMENTS Date: April 26,2005 Project Community/Sales Building for John Laing Homes,Tract 16667, Rancho Cucamonga Contractor. Fire Sprinkler Systems FAX 951-280-1509 Plan Check Comments from: James Beard cc: Rancho Cucamonga Building&Safety-John Thomas rax#909-4T1-2711 Case Number: PMT2 0 05-0 1 744 Page 1 of 2 Pursuant to the request of Rancho Cucamonga this office has provided the plan checking service for the Fire Sprinkler plans received April 13 for above referenced project Plan Check Fee's includes the original plan review and one re-check. Please insure that all correotions are made prior to re-submittal to avoid additional fees. The following comments need to be addressed. AhkMkFMi •wow 1. Provide a copy of approved underground plan with stamp from Rancho Cucamonga. .2. Show all hydraulic calculation nodes on reference onty site plant and pipe diameterfor 4'PVC. 1Cannot find both buildings on site plan 4_ Revise General Note#6 to at least 6 spare sprinklers, 5. Riser Detail a Provide 1/4'pressure relief valve. b Provide flexible type coupling within 24'of top and bottom of riser. c Show minimum distance of 24"between flow switch and drain valve. d Show size of test and drain e Show transition from 3"steel to 2'copper. Dielectric coupling required. 6. Provide flow test verification letter from CCWD. 7. Attie(leads are over spaced at Display Area of Community Building and Common Room of Sales Pavilion (maximum spacing is 130af_)_ 8. Piping for both buildings has not been coordinated vath ceiling elevations or building sections. 9_ 900 S.F. area of cal;operation is based on a maximum 10 ft. ceiling. Reduced area of operation must be based on the maximum ceiling eight_ Display Area and Common Room have 12'ceilings. 10. Sprinkler-deffectors in attic must be parallel with roof slope. Provide.note er detail on plan_ 11. Provide pipe type notes for 1.112"and 2"pipe_ t2. Calc Area of Operation is not shown correctly on plans for either Ceding or Attic Calc. 13. Hydraulic Calc Placard a Density is,10 not 22.5 gpm. b Revise Area of Discharge for 12'ceilings_ o Water flow rate is not 537.6 gpm at base of riser. 14- Call out size of drops on plan(diameter)_ 15. Hydraulic calculatioris(Ceiling). a Minimum distance between heads is 6 feet, not 8 feet. b The maximum distance sprinkler to wall is not 13 feet. c Calc Summary Sheet shad contain the following per NFPA 13, 8-3.2 1) Identification of Area—Living Area or Attic 2) Description of Hazard 53 Fire Sprinkler Plan Check Comments ProjKt commun4fSales Building for John Wng Homes,Tract 16567,Rancho Cucamonga April 26.2005 PMT2006-01744 Page 2 3) System Design Requirements ((1 Design area of water application (2 Density d Pipe#10 HWC= 120 e Pipe#70 is missing a tee branch, 16_ Hydraulic Calculation (Attic) a Maximum distance sprinkler to wall is not 12 feet b What is calculated k-factor for? c Calc Summary Sheet shall contain the following per NFPA 13, 8-3.2 1) Identification of Area—Living Area or Attic 2) Description of Hazard 3) System Design Requirements (1)Design area of water application (2)Density d Pipe#10 HWC= 120 e Pipe#70 is missing a tee branch. 17. Head outside of Entry should be 200 degree. 18. Provide note or detail on plan to meet 3 times rule to truss members. A transmittal MIDST be included with resubmittal. Include contact or designer's name on transmittal. Revisions to plan, due to corrections from Plan Check or for any other reason, must be clouded and/ornumbered"delta"symbol and in"e date of revision to facilitate recttecfdng/backchecking of eotrected/revised set of plans and hydraulic.calculations. Resubmittals can be made direct to BPA. Plan check fees are payable to the City of Rancho Cucamonga. If you have any questions, please call the above. 54 - Ji�y�.wo' I ii;; - �.1 _ 1 Beard / Proven her & ASSQGIA7ES, INC. 22931 Savi Ranch f'ari'Na�' Yorba Linda,CA 92SS7 464D 714M3-1100- Fax.714/ZS3-14DEi 4 Maxfinnidu!&Fire Prdteet Engine ,Lp'-i4firing in lfpsvrd0�'tifOteriaf,Code Gansu& ,Prriperly Surrey! Sysrem Destgn FIRE SPRINKLER PLAN CHECK COMMENTS Date: November 14, 2005 Project: Rancho Monte Vista Apartment Homes, 2116 W Arrow Route, Upland Contractor: BJN Plumbing$Fire Systems FAX 714289-4464 Plan Check Comments from' James Beard rx: Upland Fire Dept., Fred St Ange FAX 909-931-4196(F05-0042) Pursuant to the request of Upland Fire Dept. this office has provided the plan checking service for the Fire Sprinkler plans received November ta'for above referenced project. Plan Check Fee's includes the original plan review and one re-check Please insure that all correction are made prior to re-submittal to avoid additional fees. The following comments need to be addressed- _ y-...«+......,.s Site Plan 1. Show pipe sizes on all sprinkler laterals for hydraulic reference. 2. Clarify General Note#1.Do not understand which standard is being used(NFPA 13 or NFPA 13R). FS-02 3. Revise note on Sheet FS-02 to- Lateral bracing is not regtfired on pipes supported by rods less than 6'tong. FS-03 4.Combination SprinkWStandpipe Detail X a Detail does not match isometric.Standpipe requires isolation valve. b Provide water flow switch, pressure gauge, and drain for main riser. c 2'sprinkler riser does not match piping,plans. 5. Provide make and model of 2-117 fire hose valves. 6_ Provide hydraulic caio nodes at standpipe isometric- Sheet FS-04 Unit Plans ,an#3 is missing sprinkler at two closets. h t F"5 6. Sprinkler head legend a TY3231 is a 5.6 head, not 42. b 5.6 K-Factor is W orifice, not 7116'. 9. If this is an NFPA 13 system, provide sprinkiers at Patio/Deck of Plan#4. 10. Show sway brace locations for 4"main at first floor. She FS-66 1., Sprinkler(read legend a TY3231 is a 5,6 head, not 4.2. b 5.6 K-Factor is W orifice, not 7116`, 56 rice Sprinkler Plan Review Comments Project-Rancho Monte Vista Apartment Homo;,2.116 W_Arrow Route,.Upland Contractor.SJN Plumbing&Fire Systems November14,2005 Page 2 or 6 Sheet PS-07 12. Sprinkler head legend a TY3231 is a 5.6 head, not 4.2. b 5.6 K-Factor is'/F orifice, not 7/16'. 13. Show sway brace locations for 4"main. Sheet FS-08 14. Sprinkler head legend a TY3231 is a 5.6 head, not 4.2. b 5.6 K-Factor is V office, not 7116". 15. Hydraulic talc placard does not match plan, FS-t1l3 16. Show sway brace locations for 4"main. 17_ Sprinkler head legend is missing. FS-10 18. Sprinkler head legend a TY3231 is a 5.6 head, not 42, b 5.6 K-Factor is L"orifice, not 7/16'. 19. Hydraulic calc placard does not match plan. FS-11 20. Cannot read room names and ceifing heights at Reflected Ceiling Plan (Illegible). 21. Riser Detail—Drain discharge should be Y44'not 22. Sprinkler head legend a TY3231 is a 5.6 head, not 42. b 5.6 K-Factor is %"office, not 7/16". 23, Hydraulic Cato Placard does not match plan. 24. At remote area there is a DN 1 YO x and RN T Y43' —where do these go? Sheet FS-12 5- Scale at Building Sections is not correct. 26, Sprinkler deflectors must be parallel with roof pitch_ Provide detail,on plan. 27. Provide Budding Section for Lease Building. vGeneral Comments rovt'de a copy of approved underground plan. 25. Provide sprinklers below lowest stair landing. 30. Provide sprinklers in Tel(CATV and Elec. Closets. 31. Provide hydraulic calculations for tho 4 most demanding residential_ sprinklers at Buildings A B and C._ 32. Why are standpipe outlets in 16 x 16 access panel with keyed-look?. Hydraulic Calculations_ 33, Standpipes t a Revise Cover sheet—number of sprinklers, office size etc do not apppply_ b Required demand at most remote standpipe is 500 gpm,ZZQ,gpmat fil0 psi each at top two outlets, not 500 PSI with a required sfandpipe demand of 645 psi• o Why de all pipes have a Hazen Wupams C-Factor of 1407 d 4.280 diameter is ductile iron. This should be for underground only. 57 Fire sprinkler Plan Review Comments Project Random Monte Vista Apartment Hares,211ti W.Arrow Route, Upland Contractor$JN Plumbing&Fire Systems November 14,200.5 page 3 of 8 e Cannot follow talc without node numbers, but do not see 2-1/2'fire hose valve in talc. 34. Building A (3td Floor) a Include 100 gpm hose demand b How did you arrive at 1170 s.f. area of application? c Sprinklers flowing do not match plan_ d Pipe diameters and fittings do not match plan. 35. Building B a Calc is identical to Building A talc. Don't understand. 36. Building C a Calc is identical to Building A talc. Don't understand_ 37. Lease Building a Why is density for Light Hazard .15? b How did you arrive at 1170 s-f. area of application? c Number of sprinklers flowing does not match plan. d Static pressure less 10%for Safety Buffer is 70.2, not 72.0 e Sprinkfers flowing do not match plan f Required PSI exceeds available PSI by 34A psi. g Provide adjusted k-factor for V diameter sprig ups. h Pipe diameters, fittings, etc do not match plan. 38, Lease Building Area 1 a What is 5 head talc for with an area of application of 1170 s.f.? Revisions to plan, due to corrections from Plan Check or for any other reason, must be clouded andfor numbered 'delta" symbol and include date of revision to fAcilitate rePheckingfbackchecking of correctedfrevised set of plans and hydraulic calcufations- A transmittal MUST be included with resubmittal. Include contact or designer's name orr transmittal. fAiY:VFkM*i-kl1F esubmittals can be made direct to BPA. Plan check fees are.payable tO the City of Upland. If you have any questions, please call the above. 58 r..R' '��•"n` � i• - _CI - _- ,i'._F'`'`_I�Y :L'.•l.i:;�•:t4�t; .I_,it ^ • 7 • :��ri!'. .--]•A:C..1[1:.�1�;�`T�4'.��, •1 - - - .-.jr.._., a�•i:::i:.:��.'..''y�4G.!.4�`�,s': - :(.I,�` .S- I' �T%'f; +ate Wr 15 "�: Im W- , 4, i-' :�a,�(:.:x. �� 1 , �:. �?'�?fc:ex.n-,.!�4��=�t';s";�i,� 1 • 11 • 1 s ;' _ - ':=.F„,- r•,°'`�iY':.,q'i.' .off:: �-%' zr.^ ".t2�::}:;S;,.d'�.x:..::.,�:; - '^r'' :''1,' ' _ its' �:5:y,.r-N .a.u,•�i.p: 'L'�-_ - ''r..;,';� ='!-"'•' F`a'.+ ',J^,!LC��` - �� x ...,�i:4:'yr. 1: y __ 5 Yam•=_ � - :Y. yy��,:.F..� F CI'l Y OFNORCO FIRE DEPARTMENT FIRE AND LIFE SAFETY PLAN RE VIEW FIRE DEPARTMIiNT PLAN REVIEWER: Jim Beard DATE OF REVIEW:October 19,2005 PLAN CI•IECK NUMBER- 2005BD IG45 PROJECT ADDRESS: 721 Parfaidge TYPE OF CONSTRIJCTION: ? OCCUPANCY CLASSIFICATION: ? NMMER OF STORIES; I FLOOR AREA: ? Sq•Ft- OCCUPANI'LOADS: ? Table ut Contents 1, General Comments 11_ Applicable Codcs and Standards Used During Plan Check Ill. Plan Check Comments fV_ Re-Submittal Requirements V. Approved Conditions I. Gnneml Comments A. The following report constitutes a review of the plans and any other materials submitted_Noted are the items which 4a not appear to show compliance with Ae lick le cud rind standards.It is necessary fpr the plans to show all details and requirements,as the plan checker cannot snake assumptions_ "Ihe following detailed review is not intruded to question the designer abilities,but instead to ensure(hat all applicable requirements are met. It is recanamcaded(not required)that spy required shop drawings for fire protection systems,fire alma/manitoringlldtchealcooldng extinguishing system be submitted with the building plans rc-submittal to enstuc 000tdination of trades and a£aster construction;a permit for each can be processed separately. B. Fire protection notes and design shall be located on the title sheet of the drawings,or an a 4wet with other'design notes. Any item noted which refers to a detail shall have the detail location referenced on the title or note shed. This allows for easy reference during construction inspections. C. Final construction plans,including job set,artist be approved and stamped by the fire department and must be present on the job. II. AppEcible Codes Ind Standards Used Darin n Plan Cheep A. 2001 State Fire Code-Title 24 Part 9 R 2001 State Btrilding Code-Title 24 Part 2 Volume 1. C..NFPA 13-Fine Sprinkler Standard 1999 Edition D. NFPA 72 Fine Alarm/Monitoring 1999 Edition III. Plan Check Comments The plans and supporting Wormation and specifications submitted appeal not to meet the requirements of-the NORCO Fire Depattmem,state and load regulations and are not approved. The fallowing items need to be corrected/added to submitted plans: QW*fN0RC0 Fw NVt Fne god rife safdrt.'tm Pwkw -Ms rye t or$ 60 A. Ilia following additional informationlcouectiorts/additions are required onplans prior to approval: 1. Applicable Codes a 2001 State Firc Code-Title 24 Part 9 b_ 2001 State Building Code-Title 24 pun 2 Volume 1. c, NFFA 13-Fire Sprinkler Standard 1999 Edition d. NFPA 72 Fire Alarm/Monitoring(1999 Edition) 2..The following notes shall be added to the plans prior to fire dcpatrucnt approval: a. All required Fire Department Access Roads,Public and(or Private Fire Hydrants shall be constructed and in service before any combustible building materials are placed on constructed on project. b. Separate shop drawings,specifications,and permits will be required for all of the following systems- Fire Department standards are available from the Fire Department for those noted below- (1) Fire Sprinklers(Fire Department Standards) (2) Fire Sprinkler Underground Piping(Fite Department Standards) (3) Fire AI=VSprinkler Monitoring(Fire Depattmeat Standards) c, The Knox Box(requites a model with a tamper switch for wiring to the Fire Alarm)will require a special order fomn/application available fiom the Fire Department- IRStallatlOn will necessitate conduit from the kuox box to the location of the Fire Alarm panel for wising ofthc tamper switch. d- Inspection notice of at least48 hours required to the Fire Department Firc Department permits are for initial inspection and one correction re-inspection. Additional re-inspections are at additional hourly cost ofpersonnel. The contractor is responsible for requesting inspections before fhe stage of construction is concealed. e_ Fire Dq=tment inspections shall be conducted and the work approved prior to concealment or burying. The following is required prior to utility release: (1) Fire sprinlder system underground and overhead piping installed,tested,flushing ofthe underground,water tamed on and all aboveground valves locked open. t2) Fire extinguishers installed,serviced and tagged f. The following is required to be completed prior to ocarpancy use and bi ldurg final: (1) Building Fire and Life Safety items (2) Fire Sprin lens (3) Fire Alarm/Sprinkler Monitoring (4) Submit a final building floor plan far use in the fire engines. 'the scale shall be such that the major walls and doors shall be clearly legible. The sire shall not exceed 8 W,x Ill'. - (5) Submit a final site plan for fire suppression use. The scale shall be such that the site plan shall be clearly legible,showing the building faotprintc and addresses,fire hydrant locations,knox box locations,major cross street,and access driveway& The size shall not exceed 8%"x 11"and shall be according to the Fire Department standards. g. "As Built'plans shall be submitted immediately after the final inspection as required by inspoctor or if any fire protection changes ate made alter the plans are stamped approved. IL Fine Safety Luring Construction,Alteration or Demolition of a Building CFC(01) CitrufKOM=Fue D,t F¢ =6 rrre Safay Plan Review 7A5 Faye T era 61 (1) Access During Construction:Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained uadl all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not Icss Wan IY-6. Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 Ibs (Sec- 992 CFC) (2) Fire Apparatus Access Gates:Construction site fire apparatus access gates shall have a clear width of at least 20 foet and be oquipped with a frangible chain and padlock. '(3) Combustible Debris: Combustible debris shall.not be accumulated within buildings. Combustible debris,rubbish and waste material shall be removed from buildings as often as practical(8704.5 CFC) (4) Motor Equipment. lutemal combustion powered construction equipment shall be used in accordance with the following: a Equipment shall be located so that exhausts do riot discharge against combustible material;b. When possible,exhausts shall be piped to the outside of the building;c. Equipment shall not be refueled while in operation; d. fuel for equipment shall be stored in an approved area outside Ofthe building- (87OC6 CFC). (5) heating Devices:Temporary heating devices shall be of an approved type,located away from combustible materials,and attended and maintained by competent personnel. (8704.7 CFC)- (6) Smoking:Smoking shall be prohibited,except in those areas approved(8704.9 CFC) (7) Cutting and Welding: Cutting and welding operations shall be in accordance with Article 49 of the California Fite Code(9704.9 CFC) (9) Flame Producing Equipment:The use of torches or flame-producing devices for the sweating ofpipe joints shall be in accordance with Article 49(8704.10 CFC) (9) Flaznrnable Liquids. The storage,use and handling of flammable liquids sball be in accordance with Article 79- Ventilation shall be provided for operations utilizing the application of materials shall not be located in areas where flammable materials are being used(8704,12 CFC). (10)Asphalt and Tar Kettles:Asphalt and tar kettles shall be locate and operated in accordance with section 1105 CFC(3704.I3 CFC). (I 1)Temporary Electrical Wiring: Temporary electrical wiring sball be in accordance with Section 8503 CFC(8704.14 CFC). E. Gcaeral Comments 1. Before building plans can be released for approval,an approved site plan with pipe size and hyrdtaulic calculations is needed showing required fire flow,as stated below,to on site fire 'hydrant can be met. 2, Show roof outline for crane building on north side. C. Proposed Building/Tenaut Use 1. General Comments a_ Warehouse occupancies with high piled combustible storage in closely packed piles or oMbus ibla materials on pallets,in racks or on shelves where the top of storage is greater than 12 fba in height,or certain high hazard commodities,such as Rubber Tires,Group a Plastics,Flammable Liquids,idle Pallets and similar commodities,where the tap of storage tag orN0RW FnrRPr P:a and Gte snrcty Plum Frrkw 7/n5 Page 3 vrr 62 is greater than 6 feet in height require smoke vents and may necessitate additional sprinkler protection,smoke detection,mechanical ventilation and separation by construction. Information;Building data occupancy is shown as F-l. This implies no storage occupancy, and this building is NOT approved for high pile storage,as defined in C.F_C- A letter is requested from owner acknowledging this fact before plans will be approved for construction- b. Industrial,storage and manufacturing occupancies may be subject la additional requirem•' is and may be imposed when process includes any of the following: flammable liquids,hazardous materials,high piled stock,rack storage,compressed gases,plastics and aerosols(flammable)type 1,[l,III. It is advisable that the developer consider these during the initial stages as these requirements may affect occupancy_ I Submit the hazardous materials inventory for intended storage ofhazerdous materials and flammablelcombustible liquids provided with this document 3. provide a listing of Ilammablelcombuslible liquids and limardous materials to be used within this building on the Fire Department forms for review of this proposed development- [f specification building, it may be desirable to indicate that the building is not intended for storage or use within unless a separate plan review and permit is issued. 4, Submit a letter to die Fite Department indicating specific use of the building,which shall include,but not be limited toy Method and type of storage Operations and/or processes Anticipated occupant loading Hours of use Materials stored in warehouse areas (i.c_commodity class) Method of storage (Le, Pallets,tack,encapsulated) D. Additional Plaoas/lntounation Needed Before Plan Approval 1_ Plans were indicated on the title sheet,but were not submitted and should be included during the re-submittal. Only sheets provided were A.1,A-4 and drawing with no sheet number. 2. Site Analysis a. Only the office may be 1 br.constructiom Pleasc clarify. b. Total square footage needs to include area having eraae(additional 28,960 s-f) c. Squaw footage of areas noted on C-1 do not match with TS drawing- S. Fire Department Access CFC[0l]Section 902 I. An approved fire apparatus access toad(as outlined below)and water supply capable of delivering the rrgtured fire flow(as noted in Fire Protection Equipment and Systems)shall be installed and made serviceable before and during construction.(Section 9013) 1 Plans shall show that the entrances meet the requirements of time Fire Department relating to width and turning tadius. 3. New proposed parking lot entry to existing building#4 and future building 4 is shown to be all dead aid without approved turn aroun&This is not acceptable. Need to provide approved rent around or two points of access.. 4. Provided plans do not address fire department access to all exits to public streets.Please provide additional information using the following as a guide. a. A fire apparatus access road shall be provided to within 150 feet ofall exterior walls ofthe Coy oftVILCGN: nq,l Fit and LiFc snfuyPWn PW ji 7103 PAP4 ors 63 first floor of the building.The route of the fire apparatus access road shall be approved by the Fire Department-(Section 902.2.1) b. Fire apparatus access roads shall have a minimum unobstructed width of 20 feet. (Section 902.2.2.1) c, A minimum vertical clearance of 13 feet 6 inches shall be provided for the apparatus access roads,(Section 902.2.2.1) d_ Fite apparatus access roads steal[he capable of supporting the imposed load of the apparatus and shall be of an all-weather design(73,000 GVW).(Section 902.2.2.2). Th4 includes roadway over d p {fie crilyert on both ro ertics_. e. Fire lanes will W required including sigaajY and curb painting. The fire lanes shall be clearly indicated on the site plan sheet according to the NORCO Fire Department. Contact the NORCO Fire Department for specific requirements.See below_ f. Plans shall show that the taming radius of the access roadway,or drive aisle meet the mtinimum Fire Department requirements_ 5, Proposed track path of travel and fire department access mad crosses property line- I£property line someday separated,this access could be cut off.This is not acceptable,Some kind o wr tten/ttxmxled document needed to show this access will be maintained free and clear at all times. 6_ Fire Department access roadway/lanes must have red striping for full length of lanes,including Storage Area. F. Fire Protection Lquipmeal and Systems CFC(01))Article 9 1, Fine Flow CFC(01)Section 903-Presented plans do not show compliance with required fire flow as outlined below. a. Approved fire hydrants am-required per CBC 903. Water system plans showing,both existing and proposed fire water mains and hydrants,flaw test results and hydrant calculations, shall be submitted to the Fire Department for approval prior to building plan approval. .information: Existing and proposed hydrants,both public and on-site are to be shown on site plan,and correspond to the utility/water/hydrant plan.This requirement will remain on the plan review report until the water plan is approved by the NORCO Fire ldpartmeut and Wafer Department b. Fire flow shall be a minimum 3625 g_p_m.at a minimvut residual pressure of 20 psi.A fire flow test shall be conducted for the design ofthe fine sprinkler systeru and to verify fire flow to site.Contact Norco Fire Dept to request scheduling of this test. c. Fire flow was based on a Type Vn Construction type building with a fire area of 71,495 st as giving a 50'10 credit for automatic fir t:sprinkler system d. Fire Hydrant Spacing,location Guidetine: (1) Fire hydrants shall be located along the route of the fire apparatus access roadway. (Section 903) (2) All portions of buildings and facilities shall be within ISO feet of an approved water supply on apublic street or ou-site fire hydrants shall be provided in approved locations.(Section 9032) (3) protective posts shall be provided for the fire hydrants and post indicator valve subject to vehictdar damage. (4) Fire hydrant markers(blue dots)will be required and must be purchased prior to final inspection, civarmoRco rue l)*t Fi,e ad l+k S+rcty r'Im aeries 7105 64 2- Portable Fire Extinguisher CFC[01)Section 1002 a. Provide specific details on the playas to show that the portable fire vxtinguisbers are provided according to Fire Department requirements- Drawings must be submitted showing the location,We and size of each- The Fire Department shall be notified prior to occupancy of the buildings for the approval of the locations,type and size of tack.Fire extinguishers are required during construction,alterations or demolition of any building- Fire extinguishers shall be tagged by a licensed firm prior to installation. It may be desirable to install the Portable fire extinguishers in flush mounted cabinets,and as such the locations should be shown on the floor plans for approval. Wcorabustfilbles. Size(min) Maximum Maximum, Area S.F. Travel Distance 2alObc 5,000 75 f}_ 2a20bc 3,000 75 fL 2al0bc 2.000 75it. 4a406c 4,000 50 ft 406c adjacent to cook area rcg111Ying Er protection ensing 2a206c 75 it fiioes,classrooms,churches,assembly rooms,residential -retail storage and display,light manufacturing,warehouses and with minimal combustibles. Exua-woodworking, auto repair,aircraft repair;warehouses and industrial with combustible materials,high piled stock, flammable Liquid usage. 3• Fire Extinguishing Systems CFC[01)Section 1003 a. Provide specific details on the plans to show that automatic fire sprinkler system(s)are insmHed throughout according to Fire Department requirements,and includes monitoring by an U.L-listed central station meeting NFPA 72 and City of NORCO requirements, Flans shall be submitted by a licensed contractor to the Fire Department,through the Building Department for approval prior to installation. lnfarmadon:Details of the type and er=at of protection to be shown on the puts. Automatic sprinkler systems must be installed throughout the entire building,including concealed spares of combustible consnttction. Such systems must be designed and installed by a licensed company(C-16). b_ provide specific details on the plans showing a minimum 2"clearance around all fire sprinkler risers as they puss through the floor slab,and any masonry t+alls. c. Dwg E-6 shows Cite Crele and Sand Blast Teat. What are these areas? Automatic Fire Sprinkler System will be required if automatic sprinkler at roof is blocked for floor coverage- Qt,.'utNV90Q Hµ Dept FieandtFre$MWFt RtVi" W9' pa5c ti off 65 4. Fire Alarm Systems CFC[01]Section 1007, a- Plans and specifications for Fire Alarm systems and their appurtenances shall be submitted io the Fire Department for review and approval prior to installation.(Section 1001.3) L Provide specific derails on the plans to show that a Fite Alarm system is installed. Plans shall be submitted to(dre Fire Department through the building department for approval prior to installation o 'on:Detailsof(hetypeofsystem,andtheextentofprotectiontobeshownonplam, Fire Alarm system may include manual pull stations;heat,smoke and other detection devices;and other components.2"he system naay require a means for warning the herring impaired and shall be designed and installed by a licensed company. Contact the Fire Department for information. c. Dwg A-4 shows some sort of collection system.Additional information needed,Automatic Fire Sprinklers System may be required, G. Exiting CFC(O1J Article 12—Did not receive complete ofrce plans"Comments to be provided upon receipt of complete plans, FI. Emergency Lighting CFC(01)Section I211 1. See above L Ideating.Venting and Air-Conditioning Equipment L Duct type smoke detectors are required in the supply side of I•I.V.A.C.units when any one or the aggregate total in the same area is greater than 2000 CFM, 2• Mechanical plans shall show that all HVAC system shuts down from a smoke detector (interlocked)- 3- Mechanical Plans shall show that the FIVAC ducting penetrating an exit corridor and/or fire wall shall have installed approved fire dampers listed by the State Fire Mar". All dampers shall open by products of combustion devices, Listinsz num . shall be roD Vidcd to the it Department J. Knox Box CFC(O l)Section 902 1- Elevation drawings shall show that one knox boxes shall be insWled. Knox boxes to be installed within 10 feet of the front door,top of the box to be 6-S" from the ground level, Information:Knox lock box(s)provide emergency access to buildings,security gates,etc. during emergencies. Locations are to be approved by the Fire Department and shown on the Plans. 2" All gates to side and rear yard areas which cross or obstruct fire lane access shall be provided with knox key switches if gates are eloc4ic controlled,or provided with a knox box at the gate with a key for any locks)used. Show the appropriate knox equipment on the plan view and gate details. K, Building Identification CFC Section 901"4 1. Elevation drawings shall show that the building and/or tenant address shall be posted at conspicuous location with numerals and/or letters a minimum,of 6"high(must be visible from C a�enr/aOD FkWE)q r Fire aid tH6 Safay Pin Re+ic 66 both sides of the street)in the front and 3"high on the rear doors,and in contrasting color to background. Show locations on building clevafioas. Buildings shall have addresses oo.front- 1- 200I California Fire Code CFC(01) I. Smoking is prohibited unless expressly permitted by the Fire D a tment. Provide conspicuously located signs at locations approved by the Fire Department. IV.Re-Submittal Requirements A. In order to re-submit the plans forre-chwk please include an itemized list of the corrections noting what changes were made and where the changes are located. All changes shall be provided with "cloud"and"della"revision masks on the plans,and a revision dale in the title block. B. flans must be resubmitted wkhin l80 days to avoid expiration of the application and plan check fees. V. Annroved Conditions A. Fins!approval is conditional on the following: I_ This review does not relieve the developer,architect,or contractor of the responsibility to meet all of the applicable fire and life safety codes and regulations. 2. Fire department plan check/permit fees shall be paid prior to approval of plans and permits issuance. 3. Provide the fire department with one copy of the approved and permitted plans far use during construction inspections,delivered to the fire department. 4. Final constmetion plans,ineluding job set,must be approved and mast be present on the job. CiVOxorrcor"Dept F'.M4LJra504Y MMP&ViM 7ros r.,x,err „ 67 i ATTACHMENT"A" RFP tb-09 FIRE PROTECTION SYSTEMS PLAN REVIEW&INSPECTION SERVICE `NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL` SIGNATURE AUT'HORrzAnON 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 1 have the authority to bind myseWthis company a contract should I be successful in my propose[. �P hcd jj SIGNATURE - ., PRINT NAME S. The following information relates to the legal contractor rioted above, whether an individual or a company. Place check marks as appropriate: 9. If successful,the contract language should refer to me/my company as: —An individual; —A partnership,Partners'names: A company; �WA corporation A Local Business(Licensed within the jurisdiction of the Coachella Valley)_ ~Copy of current business license is required to be attached to this dooumenL p 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 apace provided below, please aolomwledga receipt of each Addendum: Addendu'rnfs)# _.! 4�4Z Islam hereby acknowledged. . 68 ' a4 4h LR� Sp til "Y V D REQUEST FOR PROPOSAL(RFP 15-09) FOR Fire Protection System Plan Review and Inspection Services. ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THIS ADDENDUM SHALL TAKE PREC5DENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS, CLARIFICATION OF INSTRUCTIONS TO PROPOSERS: The Clfy has received the following questions and is hereby prevfdtng answers therator RESPONSES TO QUESTIONS RECEIVED TO DATE_ O 1: it is not dear if this RFP is looking for an hourly figure only or a fixed dollar amount for the total job(pending hotel and mixed use development in the city of Palm Springs). To provide a faced dollar amount would not by possible based on the lack of information provided at this time- The following is a list of some of the key unanswered questions: a. Size of project b. Number of contractors submitting plans e. Number of re-submittals inquired before approval can be recommended to City d_ Number and size of fire sprinkler system($), hood-system(s), and number of components In fire alarm system(s). Ai: Correct. The City is not requesting a fared dollar amount_ Rather pursuant to page 6 envelope#2"Cast Proposal" the City is seeking hourlyrates and other costs for the scope of work. fn mostjobs, 66f would include but not be limited to 9)clerical staff processing 2)fire protection plans examination, 3)mailing and administration of the plan review, 4)follow-up phone calls for clarification or written fallow-up 69 corfespondence, 6)possible travel to the job site and 6) field inspections at the job site if requested by the fire marshal, etc., etc. Q 2: Are we correct that`Attachment A" referencing RFP 10-09 is a sample of form"Signature Authorization" needed with our proposal? A 2: Due to the City's clerical error on the original document, `Attachmend A'has been revised and corrected(copy attached) and may also be found on CIVs web site with the document The correct#is l7FP 15-09 for FIRE PROTECTION SYSTEM PLAN REVIEWAND INSPECTION SERVICES. BY2e:Fn_ 'CITY OF PAIN SPRINGS, CALIFORNIA L Ann Gile Procurement Specialist II DATL: April 07, 2009 ADDENDUM ACKNOWLEDGMENT`. Proposer Firm Name: geLF t fZ6VPNcgp'R, •E 1,ssmC. t G Authorized Signature: I AE Date: Acknowledgment of Receipt of Addendum 1 is required by signing and Including the acknowledgment with your proposal. Failure to admowledgs this Addendum may result in your proposal being deemed non-responsive. 70 REQUEST FOR PROPOSAL(RFP 15-09) Ai FOR u N Fire Protection System Plan Review and inspection Services oAtrFORT`r' ADDENDt)M146.2 This Addendum is being Issued for the following changes and informational items: THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL SE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS, CLARIFICATION OF 114STRUCTIONS TO PROPOSERS: The City has received the fallowing questions and Is herebyprovfding answers thereto: RESPONSES TO QUESTIONS RECEIVER TO DATE: Q 1: Is the Fire Dept requiring all final approved documents to be submitted back to the City on a CD? A 1: Yes, approved plans will be electronically scanned and be provided to the Palm Springs Fee Department on a W along with the original stamped approved plans_ Q 2: If you could email Gat of those who have responded as being Proposers on this project. A 2. Harris&Associates Premier Security, InG. Beam,Provencher&Associates Inc. DUDEK Interwast Consulting Group Bureau yentas North America, Inc. Q 3: In the RFP,on page 2 item#17."Contractor to electronicany scan all approved plans of fixed fire suppression systems,fire sprinkler systems,fire alarm systems, commercial exhaust hoods, smoke evaluation systems,underground fire line (Pubiir,/Private),fire pumps and standpipes that are reviewed for the Palm Springs Fire Depafent.Eledrontcally scanned plans will be provided to the Palm Springs Fire Department"Wilf this be required or can paper plans still be submitted to the Palm Springs Fire Department? A 3: The Fire Department is requiring all final approved documents to be submitted back to the City on CD along with the original stamped approved plans as stated above in question and answer#1. 71 6Y O!IER QFTVC GITY OF PALM SPRINGS,CALIFORNIA L h nn Gilono Procurement Spedalist 11 DATE: April 10,2009 ADDENDUM ACKNOWLEDGMENT:Proposer Firm Name: r!a fp 9-e� F�dp�/+ /Z f '� c• C Authorized Signature, Date: Acknowledgment d 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. 72 04 4A1M{ TA _ REQUEST FOR PROPOSAL (RFP 15-09) FOR FIRE PROTECTION SYSTEMS PLAN REVIEW C'�l/FgcHti� & INSPECTION SERCIVES ADDENDUM NO.a This Addendum is being issued for the following changes and informational items: THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREV16USLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS- CI.ARIFICATION OF INSTRUCTIONS TO PROPOSERS: MODIFICATION TO DOCUMENT REMOVE Attachment W included in original RFQ 15-09. REPLACE: With attached Attachment"A°which adds a Local Business Preference for selection by your firm should It apply. BYO D R CITY OF PALM(SPRINGS,CAUFORNIA L gt Ann Gileno Procurement Specialist II DATE: April13. 2009 ADDEN17UM ACKNOWLEDGMENT: Proposer Firm Name- fzdYlvst,5 C' C— Authorized Signature: L(,I Date. Acknowledgment of Recelpt of Addendum 3 Is required by signing and including the acknowledgment with your proposal. Failure to-acknowledge this Addendum may,result in your proposal being deemed nonresponsive. 73 Beard / Provencher & ASSOCIATES, INC. 22931 Savi Ranch Parkway Yorba Linda,CA 92887-4640 714f283-1100- Fax 714/283-1400 Mechanfcal&Fire Protecrion Engineers Spe alring in Hazardmcs-ylarerial,Code Cwmdlirg. Praperr}•S}rrvey&SySfern Oesigrt May 14a, 2009 Blake G. Goetz, C.E.M- Fire Chief Palm Springs Fire Department 360 N. El Cielo Rd. Palm Springs, CA 92262 Subject Cost Proposal Ref: RFP 15-09 Dear Chief Goetz: Pursuant to our telephone converSatlon Monday(May 16,2009)conceming shipping fee(#5)as stated in our April 16, 2009 cost proposal we offer the following revision: 5. Shipping fee (UPS)W _,w app€aved-Slae-will he the fee as charged(no mark-up)by UPS and shat(be included on our invoice that will be retumed with approved plans. UPS Internet data shows normal delivery time is one day. UPS will only be used if BPA does not have a staff member in town that day. We bust the above meets with your approval. If you have any comments or questions, please do not hesitate to call or write. Sincerely, EARD/PRCJVENCHER� &ASSOCIATES INC. James W, Beard, President 74 EXHIBIT "D" SCHEDULE OF COMPENSATION The total Not-To-Exceed amount shall not exceed a net cast to the City of more than $24,000 per year, pursuant to the rates defined below. *Note that"net" cost to the City is total compensation less reimbursements from developer fees. See following pages* 75 I. . o r Beard Provenc er t, ASSOCIATES, INC. £ 22931 Savi Ranch Farkway Yorba Linda,CA 92887-4640 7 7141283-1100- Fax 714/283-1400 alfechanical&Pire Protection Tngineery Specializing in fl=rdawr Marerial, Code Conndr;ng,Properry Szrrve v&System Design April 16,2009 Leigh Ann Gileno Procurement Specialist II City of Palm Springs 3200 E.Tahquitz Canyon way Palm Springs, CA 92262 Subject Cost Proposal for Providing Fire Protection System Plan Review and Inspection Services Reference: RFP15-Og The fallowing is our cost proposal for the Scope of Work a outlined in our April 16, 2009 Proposal for Providing Fire Protection System Plan Review and Inspection Services. 1. Plan checks including re-submittals of fire sprinkler, fire alarm, commercial hood fire suppression system, area smoke evacuation system, underground fire lines (public and private), fire pump and standpipe systems shall be performed at an hourly rate of Eighty Dollars ($80.00). SPA staff turns in a hourly timesheet weekly. This time sheet provides a place to report hours spent per day on numerous projects_ 2. Clerical service, which includes scanning of documents, communication with contractor and Fire Department, typing of plan check comments and other related work, shall be performed at an hourly rate of Sixty Five Dollars($65.00). 3. Time on construction situ or at City offices for meetings and/or inspections of fire sprinkler,fire alarm, commercial hood fire suppression system, area smoke evacuation system, underground fire lines (public and private), fire pump and standpipe systems shall be at a rate of Eighty Dollars ($80.00) per hour. 4. Travel for project meetings and inspections shall be at a fixed rate per round trip of Two Hundred Sixty Dollars($260.00). This includes mileage. 5_ Shipping fee (UPS)for returning approved plans and documents to the Palm Springs Fire Department shall be Twenty Three Dollars ($23.00) per approved plan. UPS internet data shows normal delivery time is one day. UPS will only be used if SPA does not have a staff member in town that day. 76 City of Palm Springs Procurement and Contacting Department Cost Proposal. Reference: RPP 15-09 April 16, 2009 Page 2 Billing Procedures A. Plan Check Services-- Invoices shall be provided when approved plans are returned to the city. B_ Field Inspection and Meetings — Invoices shall be forwarded to the Fire Department along with the written Inspection Report. C. Alf other requested services shall be invoiced at the end of the month the service is provided. 0. A monthly statement along with copies of the invoices shall be provided to recap the past month's activity and account status. Sincerely, BEARD, PROVENCHER&ASSOCIATES, INC. f i James Beard, President 77 EiiBeard 1 Provencher & ASSOCIATES, INC. 22931 Savi Ranch Parkway Yorba Linda,CA 92887-4640 714/283-1100- Pax 714l293-1400 Idechanical of Fire Prorecrian FarginecrsSpeeialiaing in Hmardma-hfaterlal,Code Carxsrdting. Property sat qy&5ysl=Design May 19, 2009 Blake G, Goetz, C.E.M. Fire Chief Palm Springs Fire Department 3(30 N- El Cielo Rd, Palm Springs, CA 92262 Subject: Cost Proposal Ref: RFP 15-09 Dear Chief Goetz: Pursuant to our telephone conversation Monday(May 18,2009) concerning shipping fee(#S)as stated in our April 10,2009 cost proposal we offer the following revision: 5. Shipping fee (UPS)fnFretar�ait,5 9:Gd p'aas� a desa+nent 4.,+��t-T.• .• fi+-TJ.rnn t.1.,flh xtr379fl tv++axwe W YrvbR. R{�c�BF sppraved-plaa-will be the fee as charged(no mark-ap)by UPS and shall be included on our invoice that will be returned with approved plans. UPS internet data shows normal delivery time is one day. UPS will only be used if BPA does not have a staff member in town that day. We trust the above meets with your approval. If you have any comments or questions, please do not hesitate to call or write. Sincerely, EARD/PROVENCMER &ASSOCIATES INC. 66 ge�,' James W. Beard, President . 78 EXHIBIT "E" SCHEDULE OF PERI+ORMANCE Plan reviews shall be completed in not more than ten (10) working days. The Palm Springs Fire Department shall be provided with a copy of all plan check comments. Inspection requests shall be fulfilled within forty-eight (48) hours of initial request. The Palm Springs Fire Department is to be notified in advance and must approve all inspection requests and may choose to accompany the contractor during the inspections. The term of the agreement is for one (1) year, but may be extended at the mutual written consent of the Contractor and the City pursuant to Section 3.4 "Term"- 79 CONSULTING SERVICES AGREEMENT Plan Check Services for Fire Department THIS AGR EMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this L ay of _ kX U—, 2008, by and between the City of Palm Springs, a California charter city and munici al corporation ("City"), and Beard/Provencher & Associates, Inc.("Consultant"). RECITALS A. City requires the services of a professional engineering firm for Fire Sprinkler, Fire Alarm, Underground Fire Line (Public/Private), Fire Pump and Standpipe Plan Check Services ("Project"). B_ Consultant has submitted to City a proposal to provide professional Fire Sprinkler, Fire Alarm, Underground Fire Line (Public/Private), Fire Pump and Standpipe Plan Check Services to City pursuant to the terns of Ibis Agreemment. 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. Tn compliance with all terms and conditions of this Agreement, Consultant shall provide professional Fire Sprinkler, Fire Alamo, Underground Fire Line (Public/Private), Fire Pump and Standpipe Plan Check 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 tenors set forth in the maim 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. DRIGCNAL SM, jMDj OR 1 Revised 3/2M7 507639.2 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 S5,000. 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 Servicesf orlc 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. ? Revised:3/23/07 5076391 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 Majeure. 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 emery, 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 perfonnning 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 for a period of 12 months, commencing on July 1, 2008, and ending on June 30, 2009, 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: Jim Beard, 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 teen 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. Tt shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the perfonmance 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 SubcontractinL, 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 3 Revised-3123107 5076392 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: Jim Beard President Bob Buffington Associate 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 furllest 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 "hndetnnified 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 darnage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions cornrnitted by Consultant, its officers, employees, representatives, and agents, which Claims arise out of or are related to Consultant's petfonnance 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. Linder 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. 4 Revised 3/23/07 5076392 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 to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City 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. 5 Revised $123107 507639.2 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. CITX 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. MISCELLANEOLS 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. 507639.2 6 Revised:3/23107 To City: City of Palm Springs Attention: City Manager & City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Beard/Provencher &Associates, Inc. Attention: Jim Beard, President 22931 Savi Ranch Parkway Yorba Linda, CA 92887-4640 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 ao instrument in writing_ 11.4 Severabilitv. In the event that any one or more of the pluases, 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 unenForoeability 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 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- HI [SIGNATURE PAGE SEPARATELY ATTACHED] 5076392 7 Revised 3/23107 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: d� 1 Q6a BY: ` �r 4l�4 Blake Goetz Fire Chief APPROVED TO FORM: ATTEST By: rU , 1✓ ice By: Douglas'C. Rolland, ` ames Thompson, City AUtomey City Clerk "CONSULTANT" Date: 7- By : vCJ ame) 1 _ (president) Date: name) rsecretary) $ Revised:312,1107 507639.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Callfcmla County of O',-LV��kO— On before me, Qtk ` kfe YuM pow N�fG091 y'p of(rer personally appeared �7 ®- ��a7 'Zi1d �3L✓ '�CT � �S �.��. Fete y Lf Nartw{eJ m Slgnol(sJ who proved to me on the basis of satisfactory evidencs to be the person(s) whose name(s)Ware subscnt�ed to the within instrument and acknowledged to me that f3el "they executed the same in hia4terAheir authorized JAC6. capacity(tes),and that by TAsRteffteir signaliue($) on the AE Comtnlrubn# 17i3f7� instrument the person(s), or the erdtty upon behalf of Holey Public•Cal ftn" j which the person($)acted,executed the instrument tiyG Ch mil I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my rd nd official - Signature �r vlaee nwlaysml nn� slpnel,ib a u9myrvee9 OP77ONAL Though the information below is not repufrad by lax;R may pro alua6le to porsons fulying on fhc dpptlttleht and could pna nt fraudulent removal and reattachnwnt of thfs k mr to another document. Description of Attached Document Titlear7ypoof Dooumem:^,,,_ Document Date: Number of Pages Slgner(s)Other Than Named Above: Capaclty(fes)Claimed by Signer(s) Signers Name: Signers Name: ❑ Individual ❑Individual ❑ Corporate Officer—Tille(s): f7 Corporate Officer—Titie(s): ❑ Partner-0 Limited ❑General _ ❑Partner—❑Limited ❑General p Attorney in Fact 0 Attorney in Fact Top at oiurtfi hem Tap of IIxITC ham❑ Trustee ❑Trustee • Guardian or Conservator ❑Guardian or Consarvator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: G2WTtITl9lnl Meuy Av.-daYon•4156 p959m AUE;PAors?S[4.Grsauwlp C�1 B/91.l2M102-wxv.Ne4dvNdarypp WK W Rwider.CU TdFfIm1�M1RM.CQ$j g Revised.3123/07 507639,2 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 10 Revised:3/23/07 507639.1 Beard / Prowncher & AS SOC I ATE S , INC 22931 Savi Ranch Parkway • Yorba Linda,CA 92887-4640 714/283-1100 Fax 714/283-1400 Mrer =&Fur hmrcxor+pm,.w...Screw. rw Hwucewa M�,Cana Cexsma ,hopmr Soe &Sr r Dcvax July 9, 2008 Blake G. Goetz C.E.M. Fire Chief Palm Springs Fire Department 300 N. El Cielo Rd. Palm Springs, CA 92262 Subject: Proposal for Plan Review Services Beard, Provencher& Associates, Inc. (BPA) would like to continue to provide plan checking services for Fire Sprinkler, Fire Alarm, Underground Fire Line (Public/Private), Fire Pump and Standpipe plans to the City of Palm Springs for the Fiscal Year Ending 08/09. We believe we can continue to be an asset to the Palm Springs Fire Department.We will provide timely, well documented and complete responses with codes/standards referenced to plans submitted for review and will be available to you and your staff to answer questions. Description of Firm and Personnel Qualifications (Team Members) Beard, Provenc her& Associates has been in business for 22 years and consists of 5 full time employees, who individually have numerous years of experience working with various jurisdictions and California construction code and standards (i.e. UBC, UFC, CBC, CFC, IBC, IFC, and NFPA standards). Additional information can be found at www.boassoc_com. 1. Jim Beard (President), extension 102 (iimbOftassoc.coml, has been involved in the design of fire sprinkler systems and detection systems for over forty (40) years. He has taught classes at Rancho Santiago Junior College, Miramar Junior College and Chaffee College on design and hydraulic calculations of fire protection systems and been a guest lecturer on hydraulic calculations and earthquake bracing for NICET classes and Society of F.P.E. Several times he has been a guest speaker for organizations such as OCFPO and SBFPO_ His current duties include plan check of fire alamVmonitoring system plans, architectural/life safety review and inspections at various cities on an as needed basis. Automatic Fire$prinUerm Save LIFE and PROPERTY. Scott Ventura Palm Springs Fire Department Reference: Proposal for Plan Review Services July 9, 2008 Page 2 2. George Provencher(Vice President), extension 107.(geor ep bgassoc.com), is a Registered Professional (Mechanical and Fire Protection) Engineer in the states of California and Arizona. He graduated from Cal Poly (1971) and since then has been involved in design and consulting on fire protection systems in all types of buildings, including high rises (+400 feet), aircraft hangars, commercial and industrial buildings. His current duties including overseeing and reviewing all documents prepared by this office to verify their compliance with the standards set by this office and to fill in on as needed basis in plan checking/inspections. 3. Bob Buffington, extension 104 (bobb@bpassoc.com), grew up in the industry and has been involved in the design of automatic fire sprinkler system for over twenty- seven (27) years. His first fifteen (15) years were spent working for a fire sprinkler contracting firm and the last twelve (12) years have been with BPA. In the first five (5) years he prepared drawings for all types of fire sprinkler systems, including residential developments, commercial/warehouse buildings and aircraft hangar buildings (deluge system with a detection system). During the past six (6) years his main duties involved plan checking and inspection of fire sprinkler systems for various cities. 4. Jared Wilkinson, extension 105 (jaredw@bpassoc.com), also grew up in the industry and has been involved in the design of automatic fire sprinkler systems for over twenty years_ His first twelve (12) years were spent with several fire sprinkler contracting firms, During the ten (10) years he has been with BPA his duties have included designing fire sprinkler systems and assisting in the review of submitted drawing and hydraulic calculations for automatic fire sprinkler systems. 5. Sue Reid, extension 100 (suer@bpassoc.com), has been with BPA since its beginning and prior to that worked for James Beard and Associates. Her duties include receiving plans, identifying due dates, typing and faxing and/or e-mailing of plan check comments, scanning into permanent electronic file of all documents, transmitting of plans and hydraulic calculations to the city, maintaining our data base on individual plan review projects. BPA is blessed to have long term employees. This consistency in our staff provides a stable platform to provide high-quality service to the city of Palm Springs. Project Team Jim Beard is the overall designated primary point person for the City. Bob Buffington handles the majority of the fire sprinkler plan check, while Jim Beard does most of the Automatic Fire Sprinklera Save LIFE and PROPERTY. -Scott Ventura Palm Springs Fire Department Reference: Proposal for Plan Review Services July 9, 2008 Page 3 fire monitoring1fire alarm system plan check. This provides consistency in our reviews, Other members of the team assisting in review always consult with Bob or Jim prior to their comments being published, BPA's normal business hours are Monday through Friday, 7:00 am. to 4:00 P.M. During those hours someone is always available to receive plans, answer inquiries and schedule appointments, if required. With our reserve team members (George and Jared), BPA is small enough to be flexible while large enough to meet demands. Understanding of Scope of Work and Methodology to Complete Tasks BPA currently provides both plan check and inspection services to Rancho Cucamonga (since 2001), Upland (1995), Banning (2002) and Anaheim (2006). In the past, BPA has provided plan check and inspection services to Westminster (prior to the city contracting with Orange County Fire Authority), Arcadia, Garden Grove, Norco, Hemet, Palm Springs and Long Beach during times of increased activity and personnel shortage. We have included samples of both our plan check comments and the corresponding record from our data base for several projects. The plan check comments are representative of the type of comments generated and the directions provided during fire sprinkler and fire alarm plan checks. The data base report shows the type of job (i.e, fire sprinkler, fire alarm, etc.), dates received by city and BPA, when plan check comments were published and any other pertinent information (i.e. telephone conversations with contractor and/or city). As you will note, we maintain a 10 working day turnaround. In fact, in most cases we are able to keep this time to 5 or 6 working days. The current procedure in all of the cities we work with is that BPA will publish by fax -and/or e-mail our clear and precise typewritten review comments to the contractor and city contact person(s). This keeps all parties informed and expedites the plan review process. When the plans are approved by this office, they are returned to the City via UPS. We electronically scan all documents (plans, hydraulic calculations) reviewed or prepared by this office. Items are stored by city permit number (number is included in our data base). This permits us to maintain copies of documents for future and does not create the need for additional copies to be submitted by contractor for our files. The electronic scanning of plans has become more useful than first imagined. During plan check of tenant improvement plans, shell plans can be easily referenced for Automatic Fire Sprinklers Save LIFE and PROPERTY. Scott Ventura Palm Springs Fire Department Reference: Proposal for Plan Review Services July 9, 2008 Page 4 -existing conditions. BPA can, if requested, provide these electronic files to our contract cities for their use and files. All documents and/or plans are shipped, mailed or hand carried with a letter of transmittal, thereby maintaining a paper trail of their movement. BPA is constantly visited by various manufacturer representatives (sprinkler, pipe, pump, hangers, fire alarm components). This helps us to keep updated with changes in their product line with emphasis on the U.L. listing requirement/limitations. Periodically one team member will attend classes or seminars presented on code changes. This will become even more important due to the code change to the International Codes. In addition, we are active members of NFPA and subscribe to their code update and formal interpretation services. We also maintain a reference book for the California State Fire Marshal's formal interpretations as published at their website. SPECIAL NOTE: BPA carries Professional Liability Insurance, Comprehensive General Liability Insurance, and Workers Compensation Insurance. -There are two fire sprinkler plans (F6480, F6108)from the previous purchase order which have not been approved yet. We are "estimating"that an additional 15 hours will be required to complete the review process on these two permits. Our quote to complete F6480, F6108 and unspecified plan reviews is Seventy Five Dollars ($75.00) per hour, not to exceed Five Thousand Dollars ($5,000.00)for the Fiscal Year Ending 8109. If additional information is needed, please do not hesitate to call. We look forward to continuing working with the City of Palm Springs, Sincerely, BEARD, PROOVE�NCHEER &ASSOCIATES INC. f`� /1 JAMES BEARD, PRESIDENT JB:slr Enclosures Automatic Fire Sprinklers Save LIFE and PROPERTY. EXHIBIT 46B55 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) Revised:3123/07 507639,2 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: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00)per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per 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. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the arnount required by this Agreement to cover claims made within three years of 12 Revised:3/23107 507639.2 the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the saline 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. A. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. ".The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. " or 'for any and all work-performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. " or "for any and all workperformed 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. 13 Revised:3/23107 507639.2 All certificates of insurance and endorsements are to be received and approved by the City before work commences_ All certificates of insurance must be autbozired 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. Severabili 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. 14 Revised:3/23/07 5U709.2