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HomeMy WebLinkAbout00526C - DAVID VOLZ DESIGN DOWNTOWN ALLEY ENHANCEMENTS LANDSCAPE ARCHITECTURAL DESIGN DOCUMENT TRACKING Page: 1 Report: One Document Detail May 1, 2009 Condition: Document Numbera0526c, Document# Description Approval Date Expiration Date Closed Date A0526C Landscape Architectural Services-Downtown Alley 11/07/2007 11/06/2008 Company Name: David Volz Design Address: 151 Kalmus Drive, Costa Mesa, CA 92626 Contact: David Volz, Principal Group: COMMUNITY& ECONOMIC Cgntract Amt. Total Paid Balance Service: In File $36,600.00 $36,500.00 xRef: DIANA SHAY (760) 323-8260 Ins. Status: EXPIRED-Letter Printed 04/02/2009 Document Tracking Items: Due Completed sacking Amount Amount Code Item Description Date Date Date Added Paid kdh Res 1339 11/07/2007 $35,000.00 kdh ins issues-emailed Diana Shay 12/05/2007 Track Notes: COI was issued to the City of PS not CRA and additional insured is shown at the CITY rather than CRA kdh to CM for sig 12/05/2007 kdh distrib to IDS IN FILE 12/11/2007 kdh C01 under$25k CM may auth 06/17/2008 S1,500.00 kdh C01 to CM for sig IN FILE 06/17/2008 06/17/2008 kdh note to Diana S -ok to close? 05/01/2009 r ww * * * * END OFREPORT * * * * * * V � I CITY OF PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY CONTRACT CHANGE ORDER To: David Volz Design Date: Amc q,2008 151 Kalmus Drive, Suite M8 Project No.: 03-08 Costa Mesa, CA 92626 Project: Downtown. Alleyway Enhancement Project Change Order No.: One(1) Contract Purchase No.: 00oo6o2:o Account Number: 81g1-65x99 Resolution No.: 1339 Agreement No.: A495--#Q' O CHANCES IN WORKICOST Increase to Contract Scope New Items: 1. Alleyway Enhancement Structural Calculations Lump Sum $1,500.00 Total- Change Order Increase Amount $1,500.00 SCOPE OF ADDITIONAL SERVICES. 1. Conduct structural analysis and design of decorative metal wall treatment including footing design and attaclunent/anchoring to building wall,if necessary to the satisfaction of the City's Building Department requirements. Revise plans and specs to reflect any necessary design changes determined necessary as a result of the structural calculations and analysis. Note: The prices above are inclusive of all specified mark ups. No additional mark ups will be added to any item on this Change Order. SOURCE OF FUNDS The following account will be utilized: 8 1 1-9 1 91-651 99 Trash Enclosure Survey/Design Summary of Costs Contract Time Original Contract Amount: $35,000 Original Completion Date: .July 4, 2008 This Change Order: $1,500.00 Days Added for this C.C.O.: -Io- Previous Change Order(s): So Previous Days Added: N/A Revised Contract Amount: $36,5oo.00 Revised Completion Date: Same as Original t OWGI' AL BID I have received a copy-of this Change Agency Approval: Girder and the above AGREED PRICES are acceptable to the contractor. Submitted by Date Redevelopment Coordinator 13y l T Y Approved jr, Co WE V Z �� Contractor: David Volz Design Direc ?mty and Economic Development Lu�.6.crr�e-FWc1e�n� Dale - I _ OS Approved by Date Executive0i " c or Atteste Da#e 5�2 Y 1'� 2046 Secretary Distribution: Orig nal EeFttesl i .s Conformed-File Conv Contractor (1) Community/Economic Development Department File (1) City Clerk (1) Finance(1) v�'TVPRWED By CITY COUNCIL APPROVED By CITY MANAGER 2 Revised: 3/23/07 PROFESSIONAL SERVICES AGREEMENT (David Volz Design — Downtown Alleyway Enhancements Landscape Architectural Design) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this 7th day of November, 2007, by and between the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic ("Agency"), and David Volz Design, Landscape Architects and Park Planners ("Consultant"), (hereinafter referred to as "Consultant"). Agency and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the"Parties." RECITALS A. Agency has determined that there is a need for Professional Landscape Architecture Design services for the design of the downtown alleyway enhancements (the "Project"). B. Consultant has submitted to Agency a proposal to provide landscape architecture design services to Agency 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. Agency 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 terns 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 Agency 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. MGM ETD 524762 1 1 Revised: 3/23/07 1.2 Contract Documents. The Agreement between the Patties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the Agency's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the Agency ("Consultant's Proposal"), which shall all be referred to collectively hereinafter as the "Contract Documents." The Agency'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 Agency's Request for Proposals, and the Consultant's Proposal shall be binding on the Patties. 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 Agency's Request for Proposal (Exhibit "B"); (3 d) the terms of this Agreement; and, (41i) 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 Agency 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 Agency that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless Agency against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against Agency 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 Agency of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Agency. 1.6 Care of Work. Consultant shall adopt reasonable methods during the tern of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, 524762 1 2 Revised: 3/23/07 documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the Agency, except such losses or damages as may be caused by Agency'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. Agency 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 Agency 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 Executive Director, 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 Community Redevelopment Agency of the City of Palm Springs. 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 Agency in accordance with the Schedule of Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by reference, but not exceeding the maxirnurn contract amowit of Thirty Five Thousand Dollars, (535,000.00) (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 Agency. 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-consurning than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximun arnount of Agency's payment obligation under this section is the amount specified herein. If the Agency's maximum payment obligation is reached before the Consultant's 524762 1 3 Revised: 3/23/07 Services under this Agreement are completed, consultant shall nevertheless complete the Work without liability on the Agency's part for further payment beyond the Maximum Contract Amount. 2.2. Method of Pavment. 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 Agency, in a form approved by the Executive 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 Agency. Agency 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 Tnaxinium 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 Agency, 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 Community Redevelopment Agency of the City of Palm Springs for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the Agency. 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 Agency shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of r_arez 1 4 Revised: 3/23/07 any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any govemmental agency, including the Agency, if Consultant, within ten (10) days of the commencement of such delay, notifies the Executive Director in writing of the causes of the delay. The Executive Director 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 Executive Director such delay is justified. The Executive Director's deterrnination shall be. final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the Agency 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 the 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, David J. Volz, L. A., Principal. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for Agency 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 tune 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 Executive Director of Agency, and is subject to change by the Executive Director. 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 Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all docurments on behalf of the Agency required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for Agency to enter into this Agreement. Therefore, Consultant shall not assign the performance oC this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of Agency. 5247G2 1 5 Revised: 3/23/07 Consultant shall not contract with any other entity to peribmi the Services required under this Agreement without the prior written consent of Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency 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 Agency. All persons engaged in the Work will be considered employees of Consultant. Agency 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 Agency. 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 Agency. 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 Agency 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 of any other type of fixed business location at City's offices. Agency shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. Agency 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 Agency, or bind Agency 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, Agency shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. Agency shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for 524761.1 6 Revised: 3/23/07 any reason any court or governmental agency determines that the Agency 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 ollicers, employees, servants, representatives, subcontractors, or agents, Consultant shall indenniify Agency 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 Agency, 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 perfornance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the Executive Director determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the Agency, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Executive Director 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 hisurance. Consultant shall obtain and maintain in fitll force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the Agency that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) if the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the Executive Director. (3) In the event the policy of insurance is written on an "occurrence" 524762.1 7 Revised: 3/23/07 basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later_ In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of 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 minimurn 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 Agency 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 tern of this Agreement, a policy of cormnercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000M) 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 Executive Director prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. Agency reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the Executive Director may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000, 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 524762 1 8 Revised: 3/23/07 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects Agency and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Agency 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 Agency 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 Agency or its operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the Executive Director and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the Agency for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-coinphance with any insurance requirement in no way imposes any additional obligations on the Agency nor does it waive any rights hereunder in this of any other regard. 524762 1 9 Revised. 3/23/07 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to Agency 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 Aglreenrent to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to Agency 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. Agency 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 Agency, 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 Executive Director or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish Agency 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 Agency before work commences. Agency reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements arc not required for Errors and Ornissions 514762.1 10 Revised: 3/23/07 and Workers' Compensation policies. Verification of hxsurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs Community Redevelopment Agency 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 Community Redevelopment Agency, 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 per farmed with the Agency"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the Agency may have.._" ("as respects City of Palm Springs Contract No._" or 'for any and all work performed with the Agency" 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 Agency, its elected officials, officers, employees, agents, and volunteers. in addition to the endorsements listed above, the Community Redevelopment Agency of 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 Agency before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent[broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNII+ICATION To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless Agency 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 "Indemmified 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, 524762 1 11 Revised: 3/23/07 provision, covenant, or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise fTom the negligence, recklessness, or willful misconduct of the Agency, its officers, council members, officials, employees, or agents. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indein ified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Parry, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to hidemnified 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 Agency shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except Agency shall not reimburse Consultant for attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than Indemnified Parties against such Claims. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemni(ied 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 intended for the benefit of third parry 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 Agency 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 5247621 12 Revised: 3/23/07 and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of Agency and shall he promptly delivered to Agency 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 Agency 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 Agency's sole risk and without liability to Consultant, and the Agency 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 Agency of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify Agency 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 Agency'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 Agency, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as Agency 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 Agency hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and 'Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its 5147621 13 Revised: 3/23/07 fair language and common meaning to achieve the objectives and purposes of the Parties_ The tenns of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. Agency may tenninate 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, Agency 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 Agency under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the Agency 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 Agency, except that where tennination is due to material default by the Agency, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to cornply with any provision of this Agreement shall constitute a default. B. If the Executive Director, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as Agency may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, Agency shall have the right, notwithstanding any other provision of this Agreement, to tenninate this Agreement without further notice and without prejudice of any remedy to which Agency may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by Agency as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any Agency right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit Agency'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, Agency may, after compliance with the provisions of Section 8.4.8, 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 Agency shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the Agency as previously stated. The withholding or failure to withhold payments to Consultant shall not limit 5247621 14 Revised: 3/23107 Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or teens contained in this Agreement be construed as changing the terms of this Agreement in any mariner or preventing the Parties from enforcing the full provisions hereof 8.6 Rights and Remedies Cumulative. 1 xccpt 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 tights or remedies shall not preclude the exercise by it, at the same or different tithes, of any other rights or remedies for the same default or any other default by the other Parry. 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 Agency officers and Employees. No officer or employee of the Agency shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the Agency or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the Agency shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that 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. 52a>621 15 Revised: 3/23/07 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by Agency 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 Agency 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 sauce, 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 Agency if the suit or claim results from: (1) Agency's alteration of a deliverable, such that Agency'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 Agency under any settlement made without Consultant's consent or in the event Agency 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 Agency, shall obtain for Agency the right to use and sell the item, or shall substitute an equivalent item acceptable to Agency 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 ovemight 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 526762,I 16 Revised: 3/23/07 facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Agency: City of Palm Springs Community Redevelopment Agency Attention: Executive Director and Assistant Secretary 3200 )E. Tahquitz Canyon Way Palm Springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: David Volz Design. 17050 Bushard Street Suite 300 Fountain Valley, CA 92708 Attention: David J. Volz, L. A., Principal Telephone: 714-593-3300 Facsimile: 714-593-3300 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 Patties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiarv. 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-patty 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. 524762 1 17 Revised: 3/23/07 10.8. Corporate Authoritv. Each of the undersigned represents and warrants that (i) dre Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 524762 1 is Revised: 3/23107 IN WITNESS WIlEREOF, the Parties have executed and entered into this Agreement as of the date first written above. "AGENCY" COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, DAVID H. READY, . D a;— Executive Director 40il''�v.7°'•' iJ „r•. 27 FL - AMES THOMPSON, Assistant Secretary APPRO 'RYAS TO FORM: i s DOUGLC' C. HOLLAND, Agency�Counscl ,,CONSULTANT" B Da olz, L. A. , Principal By: cerc 11- 13 ro� 524762 1 19 Revised: 3123107 EXHIBIT "A" SCOPE OF SERVICES sza7cz.1 Downtoii,n Alle}ryrn), Cif}'of Pulne.Springs Projed Scope by Task The David Volz Design Team (DVD) is very pleased to be consid- eied by the City of Palm Springs to develop a preliminary design and construction documents for the alleyway behind the downtown parking structure. Our goal for the alleyway project is to provide an aesthetic, func- tional, safe and maintainable solution for the space. The project will incorporate unique paving, wall treatments, structures, signage,light- ing and landscaping for both day and evening use. David Volz De- sign has the expertise and the experience that will be required to de- velop this unique spare. We are excited about the opportunity to work with the City of Palm Springs, David Volz Design is offering the following scope of services for the development of the Downtown Alleyway project: Task 1 -Preliminary Data Collection, Researeh and Kickoff r IiM Meeting This task includes gathering available information about the project space that may assist us with development of the preliminary design concept. Data collected may include current and past site uses, util- J ity information events of historical significance, maintenance and -7-,, ._s "' i vandalism issues, or any other pertinent information that will help t , , ;r,.:`i'; gain an understanding of what the project area was and is today. DVD will coordinate with the Engineering design consultant to ob- rr: twin plan and survey map information -11 The includes g�";, „F.�,"• ludes reiterating the objectives with the City staff and our team leaders, and highlighting scheduling mile- stones. We know that your staff has their finger on the pulse of the community and has a thorough understanding of the facilities needed and the issues to be addressed. Our partnership with your staff and having a clear understanding of your needs is our top prior- ity, The key DVD Design team members for this project will attend the kickoff meeting. Task 2 - Opportunities and Constraints Study of the Existing Site i' The downtown alleyway site presents some interesting design is- sues, in particular, it's a limited space with lots of different uses such as parking, access to Indian Canyon Drive, service entrances for the business and trash storage. WINDTask 3—Meeting with Restaurant/Property Owners "Project Team" Downtown AlkTin eq, 01 of PuGn.Springs' Prior to starting the preliminary design, we Propose meeting with the project stakeholders to identify any additional issues that need j to be addressed in the design and to listen to the design ideas for the site The emphasis of this meeting will be to define and identify an initial program and important issues- With this background and the City's staff guidance we will move into the active planning process. 1 Task 4—Prepare Preliminary Design Concept Plan J Two conceptual plans and full color visual aids and sketches will be prepared and presented to City staff in an idea consolidation meeting. The conceptual plans will include the recommendations 1 of construction materials, color palette, lighting, and plant mate- rial. The best concepts will then be refined into one draft concep- tl tual plan and presented to the Business/Property owners for buy in J of the design. J Task 5—Present Concept Plan to the"Project Team" and City J Staff The Concept plan and a recommendation of materials will be pre- sented to the City staff and project team. Input from the meeting will be documented. ' ;a j Team and City staff directed Revisions to the 1 K'aci 'I M t t E?o kj drvl;�i S t. Task 6—Pro Project k,; {'iii'y�i„:r:',;';t�,L�'F��fS;i;S'1.ii,��'!if,`�''u'6Y�����i,."li;_ Concept Plan DVD will use the input from the "project Team and City Staff and make revisions if needed to the concept plan. A presentation to the l Planning Commission and Council will be prepared based on B City wi P P i"' '•�'���` t'..�„ ,,(,;,,; �r the revised concept plan. Task 7—Present Concept Plan to the Planning t.,`a.. P g Commission and the City Council n The revised Concept plan and a recommendation of materials will P be presented to the Planning Commission and recommendations will be documented. The Revised Concept plan and the Planning Commission recommendations will be presented to the Palm Springs City Council. Task 8—Revisions to the Concept Plan and Prepare a Final Concept plan DVD will revise the concept plan based on the City Council's di- rection. The preparation of a final design concept plan and a rec- ommendation of materials will be prepared. A Preliminary con- struction estimate will be prepared. A presentation package cover- a ing the process for current final concept plan will be prepared for a power point presentation. This presentation will be put through the architectural review process and presented to the City Council. L, Downtown Alleyway Chy Of Palm Springs Task 9—Obtain Formal Approval through the City's Major Architectural Approval Process and the City Council DVD will submit and present the revised conceptual plan to the Major Architectural approval process and back to the Palm Springs City Council for final approval iTask 10—Construction Documents Once the City Council has approved the final conceptual plan, the final plans specifications and construction estimates will be pre- Fared foz bidding and construction. The fallowing will be included 1 in the construction document package: Construction Plan J Grading Plan Irrigation Plan Planting plan J bighting Plan Construction Details Specifications r 1 Estimate of probable Construction Costs rJ Task 11 —Assistance during Bidding Once the City Council as h approved the final plans and specifica- tions, DVD Will assist the City staff during bidding by answering ," �,�-; ;�''° •���,�; t �-„���,.,,, Requests for Information" from the potential bidders. i. 1' ;,^:1;"; _ ',i' Ji•; -c! Task 12—As-Built Drawings Once the project construction is complete DVD will prepare as- built drawings based�;,;•.r y�':"r`���'+:y' ;=:- on red lined plans of field conditions pro- °: f': d'+;k l„ ';,a,,:;r#i.p ^ ' .r^:.`:,•.,.w; vided by the City's construction contractor. r4,11 Ll Revised: 3/23107 EXHIBIT "B" AGENCY'S REQUEST FOR PROPOSALS 524762 1 i i I CITY OF PALM SPRINGS NOTICE INVITING PROPOSALS for PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICES (RFP 03-08) NOTICE IS HEREBY GIVEN that Request for Proposals (RFP) 03-08, for providing Professional Landscape Architectural Design Services for the downtown alleyway behind the multi-level parking structure, will be received at the office of the Procurement Manager, 3200 East Tahquitz Canyon Way, Palm Springs, California, until2:00 P.M. Local Time,THURSDAY,OCTOBER 18, 2007. DESCRIPTION OF WORK: The goal of the proposed project is to enhance the visual appeal of the area and create a welcoming entryway from the parking structure to the downtown corridor through the construction/installation of decorative walkways, irrigation, landscaping, lighting and signage. The work is comprised of three primary tasks: (1) prepare design concepts, (2) final design(plans, specifications and estimato) and (3) construction administration (to be added to Consultant's contract at the City's option). The scope of work shall provide the City with construction documents for a newly landscaped and beautified alleyway_ It will be the consultant's responsibility to prepare preliminary(conceptual) and final (construction) plans that will enable the project to be constructed within the allowable funding. Final design (PS&E) must be completed by February 15, 2008 to allow the City to initiate the bidding process for construction. The design services as required in this RFP will be paid from local, not federal, funds and therefore prevailing wage and DBE requirements do not apply. OBTAINING RFP DOCUMENTS AND REGISTRATION AS A PROPOSER: The RFP documents may be downloaded via the internet at www_palmsprinos-ca.00v (go to Departments, Procurement, Open Bids & Proposals). If you are interested in submitting a proposal, it is IMPERATIVE that you contact Cheryl Martin, Procurement Administrative Coordinator, via email at Chervl MartinCc oalrnauEbgs-ca goy or by phone at (760) 323-8237 to officially register as a Proposer for this specific protect with your company name, address, phone, fax, contact person and email address_ Failure to officially register may result in not receiving addenda to the RFP. Nate: You may also register your firm in the City's on-line general vendor database system while on the website, but you MUST still contact Cheryl Martin as instructed above to register as a proposer for this sgecifi RFP 03- 08. EVALUATION OF PROPOSALS AND AWARD OF CONTRACT:This solicitation has been developed in the Request for Proposal(RFP)format. Accordingly, Proposers should take note that multiple factors will be considered by the City in awarding the Contract. PRICE ALONE WILL NOT BE THE SOLE DETERMINING FACTOR. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee the pricing offered for a period of 90 calendar days from the due date of proposbls. The receiving time in the Procurement Office will be the gover�mg time for a ptabill of Proposals. Telegraphic and telephonic Proposals will not be accepted. Craig GI dd C_P.M. Procurement and Contracting Manager September 26,2007 OF PALM dp 4 r C'4LfFpRCi�P• REQUEST FOR PROPOSAL (RFP 03-08) FOR PROFESSIONAL LANDSCAPE ARCHITECTURE DESIGN SERVICES 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: The submittal should be a maximum of 30 single=sided pages. Does this include.the cost proposal which will be in a separate envelope? Al: No Q 2: Four(4)original proposals are required. I'm assuming you want four copies of the"Work Proposal'in Envelope#1 and four copies of the'Cost Proposal"in Envelope#2, is this correct?? A2: No,provide 4 copies of the work proposal In one envelope and only 9 copy of the cost proposal is required in a separate envelope. Q 3: What is the City's budget for this project? A 3: The City does not have a budgeted amount for this project and is seeking the services of professional landscape architects via this RFA process to provide cost proposals_ I I Q 4: Does the City entertain oranges to its Professional Services Agreement? A 4: Changes to the City's boilerplate agreement are unlikely. Any Firm submitting a proposal that has excepdons ar desires changes to the standard agreement language must include them with their proposal. Q 5: I've read through the rfp, but couldn't find the project budget Has the budget been determined, and if so, how much is it? A 5: See Answer 3 above BY 01rR OF THE ITY OF PALM SPRINGS, CALIFORNIA Craig L. GladdersxAm. Procurement& ontracting Manager DATE: October 04, 2007 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. i I i F a u s CITY OF PALM SPRINGS O 'Su4. n REQUEST FOR PROPOSALS 903-08 1� C N PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN I SERVICES C'4</FO0'' (DOWNTOWN ALLEYWAY BEHIND MULTI-LEVEL PARKING STRUCTURE) 1. BACKGROUND AND GENERAL DESCRIPTION The City of Palm Springs is constantly looking for Ways to enhance and continue the cleanliness I and appeal of the Downtown area. An area of major concern is the alleyway in downtown Palm Springs southwest of the Fisherman's Market Restaurant at the back of the multi level parking structure at Indian Canyon Drive and Saristo Road (see Figure 1), The alleyway functions as the back service entry for i several restaurants in the immediate vicinity including Pomme Frite, The Chop House, Thai House and The Village Pub. There is a walled trash enclosure and underground grease trap also within the project area_ The appearance of the area surrounding the downtown parking structure and trash enclosure needs to be enhanced. This area includes the alleyway between Pomme Frite and the Chop House Restaurant, the parking area at the back of the Pomme Frite and Thai House Restaurants, and the back of the multi level parking structure (refer to Figure 1). At present there is no clear entryway from the parking structure to the Palm Canyon Drive downtown corridor. The area is essentially a back alleyway with multiple property owners and no clear and welcoming path to the downtown corridor. A plan is needed to enhance this overall area and to design a walkway/entryway from the parking structure to the downtown corridor. City staff has prepared conceptual plans of the trash enclosure redesign, and has solicited a separate Request for Proposals (RFP)for design engineering services to complete the redesign of the trash enclosure, under separate contract from this RFP_ Also, within the scope of services of that RFP is an engineering survey of the back alleyway to delineate all property boundaries and prepare a base plan for design of future improvements of the project area. The City requires the services of a Professional Landscape Architect to carry out the detailed design of the alleyway enhancements including a decorative walkway/entryway from the downtown parking structure to the downtown corridor, replacement of bushes/vegetation with new decorative lighting, planters, and signage. Staff has prepared conceptual sketches (see Figure 2) of the proposed area enhancements to provide the Consultant with a "sense" of What the City if envisioning in terms of scope and magnitude of project. This concept sketch is for information only and Consultants will be required to provide their own unique preliminary design concept under this scope of work. 11. PURPOSE The goal of the proposed project is to enhance the visual appeal of the area and create a welcoming entryway from the parking structure to the downtown corridor through the construction/installation of decorative walkways, irrigation, landscaping, lighting and signage. 5247621 . 1 Page 1 of! �J N. r t— 7_ STUDYARLA, �J N 11 q. -4 7111,1 -1 of %j 6,71 A m V;t C U, ........... 0,11 L, fa' 447 i Z Y "0 r`Xl" T ju W 4 "3f' 7 ov!" FVi FIGURE I - TRASH ENCLOSURE PROJECT AREA N C!tyGy.s CopyrgaLt @2008 All rights RBser,•,d_ The irRormrativn 00,15inedherein &the 0017fribUtor supplied under licerne and may nd he apprwod a pi as ricensed Lx;Digifal hoop PrudiAds, 01 0361indexA-him] 9/20/2007 �y,RMistn.-;G':f:,iry�7•f='rV;�".:.',�" - .. I` I n +�°'rY�s keY if7F`.�'Fus�+f""�ux.,�.�`'"'•.:., r°�' r}� �y C //yy�� ..�1'1 1]. 78 -rritt\4=111�r w�.i"•�-.r^a'7�•�4"+.._.,^ I Y 1 I J I OEM „r �xisr/•r/c� �r/fY �x��P/�,dc�� DRAFT � � r � 1 1P I a'!uY•6 �t�ir!�7�, Pfihpc�.F.,b' ,E/�T73.fis/GE lb/i �Pf�/�f/45 I I. \ .Isd rz �'.trc✓�a F" sirwn./4 ;��..= -""�._. .--..�,,.sr�.:cr^ �t'�M-�"^: �:✓tm \ � I I I f - -r�m7w�i L_. L .__ .. .I-- L � �t��,EE���.;�:r1:'�ir.'rFi. .:�L, • , - i?t=je:,. gRAFT lf _-�h-N imedd=p4'r�'G•.druy ��p p� _ �c ' d4%cn e' x �.^n�xs I.J��fCP�ry�•r��l l^j1.�.� � _ - \ \\ �I Tt Wiz+--+l� ,..•r.�rsr? ' I n,�wn eP�M sp _ -)RAFT-- CONCEPT PLAN �� fiio�l327 c3llrl�/.SPavF„grr; ��'r� ENTRY STUDY AT GARAGE 1 I Ill. SCHEDULE Request for Proposals posted and Notices mailed ..................Wednesday, September 26, 2007 Deadline for receipt of questions__............ ......_..... ......_5-100 PM, Thursday, October 11, 2007 Deadline for receipt of proposals................................2:00 PM, Thursday, October 18, 2007 Consultant short list..........................................................................Thursday, October 25, 2007 Interviews (if desired by City).............................................to be scheduled for late October 2007 Contract award by City Council......................................................'tentatively November 7, 2007 iIV. PROJECT COORDINATION, MEETING AND PRESENTATIONS This project will require the design consultant to attend various City meetings to discuss and ` finalize concept drawings which have been prepared by City staff- The consultant shall be expected to incorporate comments and revisions, and present final concepts and drawings. The following project coordination shall be expected: 1. Coordinate with City staff, and local restaurants/properly owners as required to determine project parameters and constraints, structure installation, operation and maintenance issues; collect data and record information. I 2. Prepare and present proposed landscape architectural concept plans to City staff, the i "Project Team', and the City Council, as may be required, using appropriate Visual aids, including drawings and illustrations, slides and handouts; revise as required. i 3. Perform project management and project schedule maintenance to ensure that the project timeline is adhered to and deadlines are met. A. Perform all utility coordination and obtain all clearances as required- V. SCOPE OF WORK The overall project is comprised of three primary tasks to be carried out for the project. These tasks are= ❑ Prepare Design Concepts ❑ Final Design (Plans, Specifications and Estimate) 0 Construction Administration --(to be added to Consultant's contract at City's option) The scope of work shall provide the City with the following: • Coordinate with the engineering design consultant to obtain the site Plan and Survey Map showing the study area, delineating property boundaries and establishing required easements for public walkway/entryway access (under separate contract for Trash Enclosure redesign); 52f7czi 2 i • Prepare color illustrations and renderings to be presented to City staff, AAC and City Council of the proposed walkway/entryway to Palm Canyon Drive incorporating the preliminary design elements, as shown on the attached Concept Plans: I o Delineation of desired walkways using decorative concrete, stamped concrete or paint effects; o Archway entry sign at the alley between the Chop House and Pomme Frite Restaurants to compliment finishes and details found in the parking structure; o Other enhancements including banner type signs, bollards and planter boxes to beautify the area; iConstruction plans and specifications of the walkway/entryway and site enhancements. The Consultant will be responsible for performing project estimating to guide the preparation of I final plans that will enable the project to be constructed within the project budget In the event i construction bids exceed project funding, preventing award of contract by the City, it will be the Consultant's responsibility to revise final plans and specifications, or create new plans, such that the City can solicit new bids that do not exceed project funding. An overall Scope of Work is described below: Preliminary Design Concept Phase ❑ Collect record information and inventory existing site (utility locations, services (if any),); record inronnation will be made available as necessary, field review and inspection of existing facilities will be required. ❑ Prepare (finalize existing) preliminary design concept plans: • Emphasize aesthetics • Incorporate a unique "Palm Springs"design • Prepare appropriate full-color visual aids, including cross-sections, maps, illustrations, renderings and other media necessary to adequately present the proposed concept plan ❑ Present concept plans: • Present concept plans to City staff and "Project Team"; revise as necessary • Present concept plans to Planning Commission, and City Council; revise as necessary • Obtain formal approval of concept plans through the'City's Major Architectural Approval Process, up to and including formal approval by the City Council Final Design (Plans, Specifications and Estimate) Phase ❑ Professional design services necessary to prepare plans, specifications'and estimate (PS&E)for: • Irrigation • Landscaping • Lighting • Grading • Structure installations such as signs, bollards and planters Sza7ez.1 3 i • Plans shall be provided to the City in an AutoCAD 2004 format for use upon completion of the project: specifications shall be prepared using City"boiler plate" specifications in Microsoft Word 2003 format • Construction Estimate — the Consultant shall be required to prepare final plans that reflect constructability within the project funding available • Revise plans to accommodate receipt of construction bids in excess of available funding • Bidding Assistance — review and respond to Requests for Information (RFI's) received during bidding • As-Built Drawings -- prepare as-built drawings based on red-lined plans of field conditions provided by the City's construction Contractor i VI. DELIVERABLES As a minimum, the consultant shall be expected to deliver the following items: ❑ Project coordination, attendance at required meetings, and presentations of preliminary and final project drawings ' a Complete and professional concept drawings and renderings of proposed walkway/entryway enhancements, as required and necessary to obtain approvals of City staff, the "Project Team", the Architectural Advisory Committee, Planning Commission, and City Council ❑ Plans, specifications, and estimates --preliminary plans shall be submitted to the City for review and comment, on standard 24" by 36" city title block sheets for review and comment; final plans shall be submitted on reproducible mylar sheets and in AutoCAD 2004 version drawing files on computer disc; project specifications shall be submitted to the City for review and comment in a format and style to be provided by the City in Microsoft Word 2003; final specifications shall be submitted to the City on computer disc and in reproducible form, including appendices; a preliminary cost estimate shall be submitted to the City for review and comment with preliminary plans, and shall include estimates for each item of work indicated in the project specifications; a final cost estimate shall be submitted concurrently with final plans and specifications. VII. PROPOSAL REQUIREMENTS The Consultant's proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. This Request for Proposal can not 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 Proposer to be knowledgeable of the general areas identified in the scope of work and to be 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 Proposals. 52.5762.1 4 i The following criteria shall be observed: ❑ The submittal shall not exceed 30 pages, single sided (8%" by 11") including an 1 organization chart, staff resumes and appendices, and cover letter. ❑ Four(4)original proposals are required. Facsimile (fax) proposals will not be accepted. ❑ Proposal shall include the name of the Consultant submitting the proposal, mailing address, telephone number, and the name of the individual to contact for further 1 information_ ❑ Prospective Consultant shall designate by name the project manager to be employed. Substitution of the project manager by the selected consultant will not be allowed without prior approval by the City of Palm Springs, 0 Prospective Consultant shall specify personnel, with resumes, to be assigned to the project. If sub=consultants are to be used, identify the responsibility of each (include resumes) Q All proposals must be received in the City of Palm Springs, Division of Procurement and Contracting by 2,00 P.M., LOCAL TIME, THURSDAY, OCTOBER 18, 2007. 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 due date and time_ Late i proposals will be returned to the Proposer unopened. The receiving time in the Procurement Office will be the governing time for acceptability of proposals_ Telegraphic and telephonic proposals Will not be accepted. Proposals must be submitted to: City of Palm Springs j Division of Procurement and Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 AM: Craig Gladders, Procurement& Contracting Manager Q specific questions in regards to this Request for Proposals shall be directed IN WRITING ONLY via either fax or email to: Craig Gladders, Procurement& Contracting Manager FAX(760) 323-8238 Crain.Gladdersra7palmsprin.gi gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of Addenda that will be either mailed, faxed, or emailed to all officiall registered proposers for this specific RFP. It is IMPERATIVE that you officially register as a proposer to this specific RFP in order to receive any Addenda that are issued by following the instructions in the "Notice Inviting Proposals" by contacting Cheryl Martin, Procurement Administrative Coordinator, via EMAIL at Chervl.Martin@palmsprings-ca.goy and provide your company name, address, phone, fax, contact name and email address. FAILURE TO ' REGISTER MAY RESULT IN NOT RECEIVING ADDENDA TO THE RFP. FAILURE TO ACKNOWLEDGE ADDENDA MAY DEEM YOUR PROPOSAL AS NON-RESPONSIVE_ 5747e2.1 S i The deadline for all questions is 5:00 PM local time, Thursday, October 11, 2007 (1 week before the proposals are due). Questions received after this deadline 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 j be without legal or contractual effect. II IQ Each-proposal must include two sealed envelopes. Envelope#1, clearly marked "Work Proposal", shall include the following items: • Technical proposal — describe in detail your approach and understanding of all necessary tasks and steps involved in the project. Identify Preliminary Design Concept Phase, Final Design (Plans, Specifications and Estimate) Phase, and Construction Administration Phase tasks; include a list of deliverables • Signature authorization (see Attachment A) • Related Experience; include relevant experience dale, name of agency, and reference name/contact information • Project schedule, showing various anticipated tasks and steps from preliminary phase,through design, and construction phases. Envelope#2, clearly marked"Cost Proposal', shall include the following item' • Cost proposal — The City will use a "Cost per Unit of Work" method to pay for professional services relating to the Work Proposal. Proposers should include a detailed cost estimate identifying all direct, indirect, and overhead costs associated with each task required for the Preliminary Design Concept Phase and Final,Design (Plans, Specifications and Estimate) Phase only. The City will negotiate the construction administration phase costs with the selected consultant upon completion of the design phase. Describe how your firm will control costs and minimize costs for design and construction. 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 PF hereto. Please note that Exhibits A, 13, C, D and E are intentionally not complete in the attached document. These exhibits will be negotiated with the selected firm, and will appear in the final Agreement executed between the parties. Vill. RESPONSIBILITY OF PROPOSER All project proposers shall be responsible_ If it is found that a proposer is found 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. IX. CONSULTANT SELECTION d 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 Proposals may be cause for rejection of the proposal. 524762.1 6 i i ❑ The evaluation committee may ask for formal oral presentations by the selected consultants. 4 A final selection of the consultant will be determined following review of all work proposals and/or formal oral presentations. The evaluation committee will make a recommendation of the selected consultant for a contract to be awarded by the City Council. ❑ The selected consultant will work closely with City staff throughout the duration of the project. A consulting firm will be selected for final negotiation of a contract based upon the following factors: • Project Understanding: Degree of understanding of the project and familiarity with the area—(25%). • Scope of Work: Proposed approach to the project including the expected time commitment of key ,personnel, technical approach to the project, and the emphasis placed on project phases—(25%). Project Managers/Staff Qualifications: Qualifications of the staff assigned to manage and provide services related to the project; experience with similar projects;—(25%). • Finn Qualifications/Consultant References: Past experience in projects related to the outlined Scope of Work; experience with similar projects;-(15%). i • Project Schedule: Thoroughness and reasonableness of the project schedule; ability to maintain the project within the selected time frame; demonstration of ability to provide final design by February 15, 2008—(10%)- • 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 of the consultant. A contract shall be negotiated with the selected consultant on the basis of the submitted cost proposal, and in consideration of reasonable and mutually agreed project costs and time requirements_ ❑ Award of Contract: It is the City's intent to award a single contract to the firm that can best meet the requirements of the Request for Proposal document. The City reserves the right to award a contract to multiple firms or to 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 their final selection of the consultant to be recommend for award. The decision of the City Council will be final. 524762.1 7 i ATTACHMENT"A" RFP#03-08 PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICES (DOWNTOWN ALLEYWAY BEHIND MULTI-LEVEL PARKING STRUCTURE) SIGNATURE AUTHORIZATION PROPOSER: 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 S. 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: 57A762.1 s i ATTACHMENT,"B" SAMPLE PROFESSIONAL SERVICES AGREEMENT (IDENTIFY.BY PROJECT NAME.AND/OR CONSULTANT NAME) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this day of 200� by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and [INSERT FULL NAME OF CONSULTANT, FIRM, OR COMPANY], a [INSERT TYPE OF ENTITY, E,G., A CALIFORNIA. CORPORATION, A LIMITED LIABILITY COMPANY, ETC.], (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the"Parties." RECITALS i j A. City has determined that there is a need for[INSERT BRIEF DESCRIPTION OF PROFESSIONAL SERVICES REQUIRED] services for [INSERT BRIEF DESCRIPTION OF PROJECT FOR WHICH PROFESSIONAL SERVICES ARE RELATED] project (the "Project"). B. Consultant has submitted to City a proposal to provide [INSERT TYPE OF PROFESSIONAL SERVICES] to City for the Project pursuant to the terns 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 Scone 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 5M752.1 9 reference(hereinaler referred to as the"Services"or"Work')- As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase"highest professional standards"shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2)the Scope of Services; (3) the City's Request for Proposals; 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 Doctunems." The City's Request for Proposals and the Consultant's Proposal, which are both attached hereto as Exhibits "l3"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 confictor 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 II City's Request for Proposal(Exhibit "B"); (P) the terms of this Agreement; and, (0") 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 Iaws, statutes, and ordinances and all lawfitl orders,rules, and regulations promulgated thereunder. 1.4 Licenses, Permits. Pees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes,plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall izrdemuify, 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. I£the Services involve work upon any site, Consultant warrants that 524762.1 10 i 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 unlaiown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately informs the City'of such fact and shall not 1 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 famish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments,prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating tlris 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-tve percent(25%) of the Maximum Contract Amount or$25,000, whichever is Iess, 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. COMPENSA.TION 2_I 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(INSERT NOT TO EXCEED CONTRACT AMOUNT] Dollars, ($4� (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, telephoue 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. n4762.1 l t i Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant hereby acknowledges that it accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of cty'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 Iater than the tenth (10) working day of such month, Consultant shall submit to the City,in a force 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. I 2.3 Chanites 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 ARpropriations. 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 524762.1 12 i 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. I 3,3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. Yn 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 Terra. 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, 1 except as otherwise provided in the 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, [INSERT NAME], (INSERT TITLE]. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore,, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed'hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all docu.nients on behalf of the City required hereunder to carry out the terms of this Agreement. .U4762-1 13 i i 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part, thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Fork 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 Iaw, 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 m connection with this Agreement and shall he responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manuer. 524752A 14 i C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. I 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate,in accordance with the provisions of this section. (1) Consultant shall either. (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately W claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of time 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 52a7c21 15 i performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete I coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, fin full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of Califomia- Consultant agrees to waive and obtain 1 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. i 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 ($I,000,000.00) and two trillion 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. B rsiness Automobile Insurance_ Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned,leased,and hired cars- E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 51 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self- insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the City Manager may require evidence of pending claims and claims 524767.1 16 i history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5-3.1 For any claims related to this Agrcement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverall 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. j 5.3A None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which subsSantiallv�rlapaira even SLmt W-i—he� (e.g., elimination of contractual liability or reduction of discovery period), u theszrd a e t s first Leen submitkd fQ the Cifv M�tnaoer a�app��ed in wratjpp 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any'party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant Consultant agrees to monitor and review all such coverage and assumes all responsibility far 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. 5277621 17 i 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part Ii 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 iwaive any rights hereunder in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring 1 during the term of this Agreement have been renewed or replaced with other f 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 i Agreement applicable to the renewing or new coverage shall be provided to City no later than ten(10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of auy such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment ofpotential 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 SuffidMey of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shalI 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 s24rczj 18 i 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 Pahn 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 balm Springs Contract No._" or 'for any and all warlrperformed with the City"maybe included in this statement). 2. "Phis insurance is primary and non-contributory over any insurance or se6r- insurance the City may hcrne..." ("as respects City of Palm Springs Coniract)Vo. " or'for any and all work performed with the City" may be.included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will nail 30 days written notice to the Certificate Holder named" Language such as, "endeavor to"mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. i 4. Both the Workers' Compensation and Employers' Liiability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. G. 1NDEMNMCATIAN 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 S2 762.1 19 i i Jproperty, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless, or willful performance of or failure to perform any term, provision, covenant, or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness, or willful misconduct of the City, its officers, council members, officials, employees, or agents. Consultant shall reimburse the Indemnified Parties for any reAsoirakL expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of,pertain to, or relate to Indemnified Claims, whether or not -Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the CIaim and the facts known or subsequently discovered by the Parties. In the event a final judgment, arbitration award, order, settlement, or other final resolution expressly determines that Claims did not arise out of, pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any extent, then City shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except City shall not reimburse Consultant for attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than Indemnified Parties against such Claims. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and filially barred by the applicable statute of limitations or,if an action is timely filed,until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 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 wake 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 $24762.1 20 I Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by I 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 )I 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. I 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. S. ENFORCE MENT'OFAGREEMENT 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. 524742.1 21 I I 8.2 Interpretation. hiG Agree ent shall he en7islmed as whole accoT,djTa -a- Is alxlan age and c�j�zpon meanlA�lo_ar�'eve the oblecttve� and nurr�4�es p�t17e��.17xe terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragrapbs. 8.3 Terrnination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without 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.B, 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 524762.1 22 i purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be efi'ective 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 terra 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 chauging 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 i 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 relies; or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Pees. Ia 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 Parry in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOVE ES. NON-AISCRIMMATION - 9.1 Non-liability' of Gtv Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor,or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indiroct, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation,partnership, or association in which he/she is, directly or indirectly,interested in violation of any state statute or regulation. Consultant wanrartts that is has not paid or given s2s7c�.t 23 i j and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. in connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color,sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be liruited to, the following. employment, upgrading, demotion or transfer; recruitment or reentiuneut advertising; layoff or termination; rates of pay or other forays of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. Ilowever, 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 sze7az i 24 i date of posting by the United States Post Office if by mail; or (iii) when sent if given by j facsimile. Ally notice, request, demand, direction, or other communication sent by facsimile Jmust be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City. City of Palm springs Attention: City Manager&City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Attention; Telephone: Facsimile: 10.3 Entire Agreement This Agreement constitutes the entire agreement between the .Parties and supersedes all prior negotiations, arrangements, agreements, representations, and IJ understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability- Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable Iaw, 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 Parlay of the basic benefit of their bargain or renders this Agreement meaningless, 10.5 Suceessors in Interest This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Seneficiarv. eptrz�av be_eiy...Pz9videsi_for hermjn nQ cOntaln�in th�iS Agreement is inteAded�O�nfel�n9_h Il thie�A¢1•e�ment be onctni 11 #8 confer: �anv riehts ' rlu vlthon 1 itafion nY.rig}1i5�4 a 1b -warty be�ie cJary os � �lie�ise�ii)on anv entity ox neon not•a n rty hereto. L0.7)R.ecitals The=above- r�fe�r��gd�cj alc r 7 r by incornorated into the 6 e�aSFyopQh fu1 v set forth lzei and earlr�atty acicuflwledpes and aec [hasucli -' Z�artvis_b�d�rn�irnosesoftkdS�Px��r�t tllgss�t� 524762.1 25 i I0.8. Corporate Authority. Bach of the undersigned represents and warrants that (i) the Patty 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 whioh 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. IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above. "CITY" CITY OF PALM SPRINGS, a California charter law city and municipal corporation DAVID H.READY City Manager i ATTEST: (SEAL) JANMS THOMPSON, City Clerk APPROVED AS TO FORM: DOUGLAS C.HOLLAND, City Attorney "CONSULTANT" [insert name of firm/company] By. :N762.1 26 i i [insert name/title],President I By- [insert name/title], Secretary I t I i f I sz47sz.t 27 i � EXII1I3I1""A" SCOPE Or SERVICES i I i 524762.1 28 EXH BIT«B„ MY's Ri6TJEST FOR PROPOSALS I 1 524762.1 29 I I ! I EXIIWIT"C" CONSULTANT'S PROPOSAL I I fI 1 I I 5247ai 30 i EXIMIT"P" SCHEDULE OF COMPENSATION 1 f na76z1 31 I j EXI-CMIT"E" 1 SCHEDULE OF PERFORKANCE r i I I s24762A 32 Revised: 3/23/07 EXHIBIT "C" CONSULTANT'S PROPOSAL 524762.1 . a:.'?�,^,� "ry'�I �. wC�cp11f17AEh1 ^.s,:,` �� �k� :?!",Y ..:.,, .�•, - r�,. � � .-•t\'`"Y� „^?ys_.�a�-'�� �"`�C•P `� XF�{��y„y��F '�iil� ~r 5��.J �➢^-i �' �.':,.._ �.`"'.. fro'-. ' � \ a 4,�i �i': �:°ttr!` l•A ��]d 4 .[y �. ..''f IF'+^•kn,.0.` _I� •p. Proj)osaljFor Enhancement ql'the Downtown Alleyway � :L� 1?r•� ` �� � R?"I _ i, t,i�li rv�nl 'r'wY•k;F1;+^> S3 '�yh A; Wary�+' ; h4,•.;. ,t. fill i,M1�_Y-__' �v:lp-wr ., „ �' i�:�%I �'. Nr�r '"1'1�' - ^_�•'r.a+ ��V,dk�i';� I� 1 � i - ,may�:ir�1i=�'�1"� .. ��,' .,'�. .._l�'�✓ •.�. :. .._ �'1� -i.e... i}:'*�.ay{��I�h M' �,'.j x kG1t.'d�� .- . .r77. lop .. . �n`.a�.;�,�"F P� ^T-.a±?vEY�.�r�� �•'„��va J'Y`'ti S.Y.,I _ aXBoCco[n ett:evid �sulr �Acaiq�� Landscape Arclucects and Park Planners i Corporate Orrice Southern California 17050 13ushard Street October 18, 2007 Sunr 300 Fountain Valley, CA 92708 _ r I (714) 593-3300 Mr. Craig Gladders (714) 593-3330 Fa. Procurement& Contracting Manager 3200 E. Tabquitz Canyon Way Coachella Valley Orrice Palm Springs, CA 92262 78060 Cane E.,tado La Quinn, CA 9225i (760) 580-5165 Re: Professional Landscape Architecture Design Services for (760) 564-0369 Fax the Downtown Alleyway(RFP) 03-08 lDear Mr. Gladders: At DVD, lve believe that creating beautiful public spaces should foster a strong sense of pride in the community, both in the design process and in the end result. The downtown alleyway j l project not only offers outstanding design opportunities, but it offers an arena for the public, L J the City and our team of design experts to pool their ideas and create a space that meets the unique needs of the Palm Springs downtown community. Our firm is eager to work with the staff and business owners of Palm Springs and we are confi- dent that our team of professionals have what it takes -- expertise, vision, enthusiasm, and ex- ceptional service--to plan, design, and see this downtown alleyway project through to a suc- cessful completion. I will be managing this team and act as your point of contact throughout the entire project. Plan- ning and designing outdoor spaces has been my forte' for nearly 20 years, and along with this expertise is my ability to communicate with the public, listen to their needs and wants, and bring r their expectations into a well designed park plan that will satisfy your City's diverse needs. I Greg Meek will serve as the project's manager and direct the in-house design team efforts. His l knowledge of the public space design will help to keep us focused on the community's ideals and objectives. We will be assisted by an exceptional team of designers, CARD technicians, and support staff. The following proposal demonstrates our design ability and provides our understanding of the project. Thank you for inviting me to provide you with this proposal. I am looking forward to working with you and your staff on this beautification project. Very truly yours, Z ENDVdscape ESIGN . Vpal/ chitect#2375 A t TABLE OF CONTENTS ♦ FIRM INFORMATION I ^1 ♦ QUALIFICATIONS EXPERIENCE '�4M�5 h�Idhti;,lir: PRO)ECTTEAM rIi�. ,rv?fj`:' Att�e'�rRgu, ; ,iiNMWlrw'hpx;iQl�:d l'i����af i;' ,:,a. *RESUMES .Ali• I..I,� ;: .;; ;,; ''',:. ♦ PROJECT UNDERSTANDING c� APPROAC H i' *SCOPE OF WORK P� *PROJECT DELIVERY L�l *REFERENCES f.1 ♦ PROJECT SCHEDULE ♦ FEE PROPOSAL (UNDER SEPARATE COVER) "ATTACI-IMENT A V I_i FIRM INFORMATION , ' ' elsr�•id d��rli lFeskyKg (IDWIl) is committed to the creative de- ' ' sign of outstanding public spaces. We develop landscapes, parks, " sports fields and streetscapes to meet the specific needs of their com- munities. DVD designs special environments for those who seek rec- reation in a beautiful setting: for those who pursue recreation and competitive athletic endeavors on the playing field; and wonderful natural environments for those who are simply looking for respite. Our firm capitalizes on what the site and nature has to offer_ For all of our commissions, we work to enhance the site's use, working J � within environmentally sound parameters while Lakin full advantage 7�� t : Y P $ g of the site and its surroundings to best service the community's needs. "r`i'"`:`'' Ever mindful of our role as stewards of the land, DVD's design phi- i;;,: .}. :.,=.,w,, •;., ,M w ,`aI„,; losophy includes careful consideration for realistic maintenance CNrCF1NFc}taMTlnr''9 „:" requirements and construction cost parameters. We understand the commitment we have to the public to deliver quality projects that offer a high return for the public funds invested; projects that can be maintained and deliver a lifetime of service to the communities �A. Q 7 e they are built for. ?'== '1;7050•k3751Y4hq,"STREET,''';:;'"; ; Our philosophy also embraces any opportunity to interact with the public to create environments that meet their needs. This outreach FOUNTAIN VALLEY, CA ;.;. has often been the catalyst for many of our most successful projects- , ., (714) 593 3300 VOICE " (714) 593-3330 FAX This outreach allows us to seek inspiration that often leads to creative 1 and innovative solutions. V � dvolz(r�I}VolzDcsign.com Parks and greenspaces designed by our firm have received awards and accolades from community groups, civic organizations, the FOUNDED IN JANUARY 1997 American Public Works Association, the California Parks and LANDSCAPE ARCHITECTS AND Recreation Society and the National Recreation and Park's Society. PARK PLANNERS In fact, this last year three of our park projects won the Award of Excellence from CPRS—the highest award given in their categories. SEVEN LANDSCAPE ARCHITECTS; DAVID VOLZ, LA#2375 , GARY VASUUEz, LA#3883 , ` GREG MEEK, LA 42484 ELAINE DovE, LA#4 828 ,. -,• JODI Rios, LA#4744 BoB GARCIA, LA#3934 o•� GENE YAMASAKI, LA#1250 7 I 's . . c x (Mence City of Glendale, Cerritos 5chool Park This ark features a Art Deco style of architecture with it's ''Ir!9I,, n h monolithic columns and paving patterns- The most predominant feature of the park is a large City Entry Monument that serves as a welcoming gateway to the City of Glendale. Constructed from precast concrete it incorporates a 18' wide sun burst from irides- cent glass tile and themed night lighting. The picnic area is sheltered from the sun with large fabric shade structures torque around the play area and are beautifully illumi- natedat night- The cosmic themed play area features a Rocket ship- In keeping 1 with the theme the la area underneath the rocket ship is poured play p � in place rubberized surfacing incorporating a custom star, a moon, J - and a rocket blast-off pattern. Near by is the rock cobble wall ac- j a tented with a bowed swoop of cosmic iridescent glass tile. I I Cerritos Park also features a Water playground with an interactive J piano game and other various spray equipment. The water play area is surrounded by g seat walls tiled with lass the and tra- vertine stone- Other park amenities include a prefabricated restroom building, a the stage, and an open turf area. ,Early in the planning phase of the project the city saw value in the existing light fixtures and decided to have them refurbished and relamped. Additionally three large trees, including two oaks, were relocated to the park as a part of a road widening project across the city. '::ham xylYiM1 y .1• Y11 i.JiL Historic Downtown Roundabout and Art Pict City of t.a Quinta � r Cherished kinetic sculptures titled "Air-in-Motion" finds a new O,q_ ;;.' home as the main attraction in a 30'diameler traffic roundabout or as we in the industry refer to as a"traffic-calming-circle". Located I in the La Quinta's Historic Downtown the art piece showcases the City's commitment to pro- I , . vide and encourage art in ;. public spaces. Working cur 'i' with key City personnel, " r DVD developed a simple ,;, , .i'';;, design that respects the de- 1 sert climate, compliments 1 the 12' tall sculpture and requires little resources to S , ' t DVD's main ain. solution was to keep it simple b i minimizing the planting areaoratin P g three and incorporating separate terraced rings of zoo rock and cobble. Each rin 1 displays a different type, color and size of rock mate- - rial and would slightly in- crease in height as the rings t.S move closer to the sculpture. The limited use o1'succulents pro- _ vides a nice contrast to the rocks and functions as a soft/green vis- ual transition between the sculpture and the rocks. The comhina- Ber� 1:" ` „ tions of organic and inorganic colors and textures made this project L ' both successful and attractive. ` _ �v_ �JI iJ Laguna Hills Community Cenfer, City of Laguna H1115 A- Laguna Hills is a new city with a grand vision I of what a community should be. Parks are an important element in the quality of life the city's residents demand. The community center park is to be the focus of cultural and k recreational activities for all of Laguna 1-lilts. Originally envisioned as a sports park, the master plan evolved numerous h throw g public and council reviews into more of a grand central park. A park with wide walkways, verdant groves of ginkgo r17, trees, and large picnic areas. And yes, there are sports fields and other ' `"'"*'"'"° " activity areas as well as many unique features not found anywhere else _14,t'I in the Saddleback Valley_;rl , - ; p David Volz Design was instrumental in bringing the park froth a typical sports complex to what will be a much more interesting lace -- a c P g p enter for diverse recreational activity. Working with vocally concerned citizens and council proved to be challenging, yet at the same time, created an energized forum for new and innovative ideas allowing the park to respond to the diverse interest oFthis new city. One of the exciting amenities of the park includes the themed play area. Here, the children can use their imagination and pretend they have J.,.'- embarked on an exciting "Indiana Jones" adventure as the life-sized jeep takes them to far off imaginary places. A fossilized whale Ala; skeleton, just one of the park's archeological experiences, provides :- climbing fun on top of the whale as well as the Jr skeleton's dark cavity. FI The park's skate park and hockey rink had its' U grand opening last year while the remaining community center/park amenities are slated for F1 grand opening in 2001. The construction 1 budget for the park is estimated at$4.0 million. I . C^ f I I r I r r F" re. .t p 1 _ f George Washington Park, City ofAnaheim jThe George Washington Park site is located in j the historic Anaheim Colony neighborhood, an area also known for it's early California bungalow and craftsman style homes. M, Working with the city staff, and pulling ideas from the surrounding area, the DVD design team was commissioned to provide the design of construction documents, specifications, and i w estimates. We also worked with the city to define appropriate construction materials, methods and other complimentary park structures, as well as coordinating our design efforts for all l proprietary specified items. Special attention was paid to the use of specific plant types that were popular during the 1850's to early {1 1900's- Many of these popular trees, shrubs and groundcover were f = incorporated in the park's planting scheme. One of the biggest design challenges the DVD design team faced was designing all park improvements around 40 existing large specimen trees. The `,7`, - :'r : '`r'ri ;r DVD design team evaluated the existing irrigation system and detennined that much of the existing system, with some minor adjustments could remain. This effort realized a cost savings a. estimated to be $18,000.00 to $24,000.00. The unique features in the 1.8-acre park include: stone walls and ta�na..rr columns of various heights, constructed with local river cobble; a two-tiered, all steel band shelter with custom iron railings, accents, copper cupola and finally; a linear rose garden accented by custom iron archways and iron rose house structure; and decorative iron fencing- Other period-type features included the use of rock and concrete edging and a unique sidewalk score pattern. ..° I-� JL� �r'^ `,•-"• ,.F��;''�'"'��i. `v.4 - ,art ^y a, Pioneer Park, City of Tustin Pioneer Road Park is a new Neighborhood ��... Park in the City of Tustin. The park site of s '': fors a passive recreational experience enhanced with ti play and architectural elements with a"Pioneer"theme. W; {'hl - r;= Approximately 1/3 of the park is"tuck open space that encour- i"t7=-' n ages passive or"non-organized"type activities. The grass area meanders 11 - l�f w, around a higher use activity zone that consists of thematic play elements, � including two separate children ?' play areas, swings and a water feature. Also, in proximity to the activity zone is a half-court bas- ketball and volleyball court. The !, activity zone is centrally located g h' allowing the opportunity to estab- lish an effective landscape buffer between the park's higher use areas and the residential develop- ment to the south, while maintain- ing a short walking distance to the restroom and parking lot. The park is accessible for pedes- trians at various points along Pio- 1 - ';. ncer Road- Those points of entry . are all handicap accessible. Pedestrian access can also be gained from the upper Salvation Army parking lot through a newly constructed stair- way. Barrier fencing and landscaping was used along Pioneer Road for the safety of the general public. " Park users appreciate a '/.mile trail system "loop" that meanders around the perimeter of the park. -- The trail's"rustic"appearance adds to the overall frontier theme and provides walkers and joggers the ability to gauge their workout distance with measurement markers placed along side the trial. The trail's surfacing is constructed using a stabi- " lined decomposed granite material to accommodate handicap accessibility and to reduce the possibility t rF' of trail erosion. Trail side seating is incorporated �I at various locations for rest and relaxation. �f A play fountain for the surrounding neighbor- hoods was an important element in the plarming of this park. The master plan approved by the parks commission called for an exciting fountain 1 s with point and shoot sprayers, water geysers and spray zones. The system has computer controls q i.u;js 'ti? wgt's„ and is designed for the warm months only. Therefore,the water is potable supply, one time use with no treatment facility. ' J L Downtown A//eyrady C,ey ofp3/n7 5, rmgs PRO) ECT TEAM For your project, we have assembled a highly qualified team of landscape architects, historical ar- chitects, and architectural historian. Our key mem- bers have the background and expertise to deliver the master planning services needed for the City of Palm Springs. Creativity Corn m unication I Experience There are four• key ingredients our team brings to Interest in your projectf your project: Il J ■ Creativity - We will provide you with unique and innovative solutions which meet i ! and exceed the expectations of the City of Palm Springs. The project designs we LJ will put forward will creatively address the site the unique relationship to the nearby neighbors, active and passive recreation balance and respect for the environ- ment. ""' ■ Communication - We will continual) keep s '• ' y p you and your staff informed From the r '.: r.':::_: start of all the projects. Communication will be consistent and clear with all parties through completion of project. "• -- ■ Experience- As noted below, we have provided a design team that has a history of working successfully with cities as an extension of Staff andproviding projectcoor- dination in the development of dozens of award winning spaces. I� ■ Interest in your projects - DVD is ready to take on your projects and bring them to �1 a successful completion. DVD strives to bring outstanding public facilities to com- munities throughout all of California. Our team is dedicated to the success of your Project! TFAM MEMBERS AND STAFF AVAILABILITY David Volz Design looks forward to a long relationship with the City of Palm Springs. We are committed to delivering high quality services, designs, reports, documents, and support to the City. The key team members are experienced and talented professionals and they will be supported by a team of licensed landscape architects and several very capable designers, and support staff who will be assigned to specific tasks as the work proceeds. Our key team members will be David Volz as principal in charge, Gary Vasquez as creative director, Greg Meek assigned to project management. The core team and I„vp design professionals will remain available to the projects as assigned from start-up through project completion. E.-1 The Ranch/41a5fei P/an OlyclAbsa I/e/a David Volz, LA, Principal-in-Charge, bas over 20 years of experience in the land- scape architectural design of successful public projects. He will be the principal-in- charge of the park improvement projects addressed in this proposal. He has managed the master planning of hundreds of parks and recreational facilities. He has experience in the development process from inception through master plan development, construc- tion document preparation, contract administration, and on-site inspection. A strong as- set to Mr. Volz' management style is his approach to community outreach. He has a proven method of bringing the community into the design process where fostering sense of ownership and importance is integral to the park design program. His past experi- ence includes numerous park developments in dozens of cities. This work includes 1 award-winning projects in Long Beach, Monrovia, Tustin, Cerritos, Newport Beach, Laguna Hills, Laguna Niguel, Yorba Linda, Rancho Mirage, and other cities statewide. JGard, Vasquez, LA, Creative Director, has more than 15 years of experience in landscape architecture. He will work under the direction of David Volz providing crea- tive design solutions to the challenges that arise. His innovative and thoughtful designs -J i i++ w '.i' will prove to be a great asset for your projects. Gary has provided high quality project r management on many of our firms most successful and highly acclaimed park projects. Gary's recent projects include project management, design, construction drawings and construction oversight for Pioneer Road Park in Tustin, George Washington Park in i;d; N;•'1j ';;. ;: Anaheim, Heritage Play Island in Cerritos, Ford Park in Bell Gardens, and Bryant Ranch in Yorba Linda. Gary also led the design team in the development of landscape plans for several street beautification projects. '•I r'', Grebn Meek, Project Manager, Landscape Architect, is a California registered d landscape architect and project manager with David Volz Design, He has been a regis- L =' tered landscape architect for over 24 years, and has been responsible for all aspects of landscape architectural planning, design, project management, and construction obser- vation for numerous projects. Mr. Meek served the City of Fullerton as a park develop- ment coordinator for 9 years and has a strong understanding of municipal government process. Greg has been the project manager for a variety of projects including commu- nity, nature, and interpretive parks, athletic parks, interpretive projects, and visual im- pact analyses. Landscape architectural project experience includes master planning, park design, park renovation, sports complexes, trails, streetscapes, commercial, plan checking, industrial, schools, and residential design. !J Jodi L. Rios, LA, is a landscape architect with a specialty in recreation design. This e� expertise encompasses accessible outdoor recreation design, community involvement and an understanding of sensitive land use settings. Ms. Rios has proven effectiveness f j in developing sound alternatives and mitigation measures for environmental planning [� projects, and in working successfully on interdisciplinary teams. Jodi's recent projects „®�Op involved significant community input including Veteran's Memorial in Stanton, Sigler Park, in Westminster, and the Universally Accessible Park in Long Beach. �_J Gene Yamasald, LA, Quality Control .Review Leader, brings to our team more than 30 years of on-staff public works design experience. Until recently,Mr. Yamasaki i was the staff landscape architect for the City of Long Beach Public Works Department. His broad range of project experience and city staff background enables him to contrib- ute to important and sensitive projects with creativity and foresight. He oversees the technical aspects of our most important projects, and ensures that project deliverables meet DVD's high quality standards. Mr. Yamasaki also provides plan checking and related services for local municipalities. Sub-consultants I 1 Dream Engineering will be responsible for all electrical design. Dream Engineering u has participated on a majority of DVD projects. They have provided electrical design for many parks and sports facility projects. Low Ptofect Ted City oFpalm Springs Downtown Alleyway David volt'LA. Greg Meek.LA. Gene Yamaala,LA. D\eIO 1017► 9F\YIP nDirector Prefect Leadership Quality Control �I Dream Engineering IyLJII Electrical Gary vasquee LA. ("� Crcatlrr DlreeLer J Jodi Rios,LA IP\9O Prolech Management Support Mr. Volz is a registered landscape architect and has nearly 25 years of i I extensive experience in public works and private sector projects. He has managed over $200 million of public works design projects with ° much of this experience involving the coordination of multi- disciplined consulting teams. ' • ^>1 Mr. Volz has managed the master planning, design, and construction development of numerous municipal projects for over 100 public '� e �lt:' "1 1 {; y 4w,y�fl' r agencies in California. These projects include: �- t n Community and neighborhood parks t;r r ' a Play area design ' . ,;'_.i © Parkway median construction ..` . „t`'. ;o, r :i•M.�?j'� rc;d� `y;�•,i:�'_,{ m Downtown revitalization 1 k++u iig'. k;o7,i1."•;;�N.ry� .�,`�ur'�i:';.iilre:�r` ^ c? Tde ty g J nti si ns Feasibility studies Facility inventories + o Slope stabilization a Financial reports and general plans u Park rehabilitation _I He has experience in the development process from inception through master plan development, construction document preparation, contract administration, and on-site inspection. His extensive knowledge of landscaping } materials and vegetation is often called for at commission meetings and in council reports for agencies he has served. His management experience is very strong in the community outreach programs and public input process, 1 The public workshop process for park design is a concept that he always encourages. The opportunity to get first hand insights from users, neighbors, and the public in general is always beneficial in the design of public projects. Several of Mr. Volz's most successful park projects have benefited from the ideas and energy that was put forth at public input sessions. GI PARK DESIGN EXPERIENCE F 5LJ Park project experience, encompassing neighborhood and community ks is one of �� P from p incip al-in-charge Mr. to dessiignert s he h tdeesignedtand managed several award winning parks for cities throughout California. His most recent park projects include: r, LAGUNA HILLS COMMUNITY CENTER, CITY LAGUNA HILLS--A large I David Vol-Rtzwme Page 3 community park consisting of active and passive amenities, as well as a community center building. ■HERITAGE ISLAND PARK, CITY OF CERRITOS — A $2.4 million rehabilitation including innovative designs including unique water features and exclusive play adventures. rGEORGE WASHINGTON PARK, CITY OF ANAHEIM — An unique 1.8-acre neighborhood park located in the historic Anaheim Colony neighborhood. ■CLYDE BLAND PARK CITY OF TRACY A new neighborhood park with a strong historical theme as I well as the typical active/passive amenities. f_ ON—CALL EXPERIENCE Mr. Volz serves as the landscape architect on a master L.� consultant agreement with the City of Anaheim Park and Recreation Department providing on-call services, as well as full park design development for y .,over six years. Projects have included park improvements, park expansion, building renovations, .^ •✓,'I ':�''• ;; ;:;r; „ median island design, and irrigation improvements. Other on-call agreements have been commissioned I ;+,.-, '.i . ,_, ;.-:•::.':; .._; _ .; with the cities of Dana Point Mission Viejo, Tracy, IN. . ;,P - %'i`''and the County of Los Angeles. A 7- ' V r Li (J y� " Mr. Vasquez has more than 15 years of experience in landscape architecture working on projects for public agencies ranging from recreational design to master plan studies. His design abilities has ` proven to be not only innovative and unique, but award-winning- His project experience includes: • PARK EXPERIENCE 1 • Mr. Vasquez designed the CITY OF CERRITOS' HERITAGE ISLAND PARK REHABILITATION PROJECT. • His innovative designs capture children of all ®• ages and takes them back . . 1�in time of the Revolution f , with it's depiction of the 1700's era theme. C11iII en enjoy ,; interpretive trails, sunken ships, village square all 1, F`;: s urrounded by a manmade lake. 2002 CPRS AWARD OF MERIT --- ;i', He recently completed the design for the LAGUNA HILLS COMMUNITY a y: . - CENTER which included many amenities not found in the surrounding area such as a verdant grove of ginko trees and fossil themed play area. Other active areas include soccer fields, little league and softball fields, skateboard park, in-line roller hockey rink, band shelter, and large picnic area- 2002 CPRS AWARD OF EXCELLENCE He assisted on the design Of MARTIN LUTHER KING JR. PARK IN OCEANSIDE. 1t includes � '� ' ' softball fields, soccer fields, tennis courts, basketball courts, roller ' hockey, play area, picnic pavilion, parking lot and restroom L facilities.2002 CPRS AWARD OF EX- CELLENCE Other park experience includes: of 3EORGE WASHINGTON PARK,CITY OF ANAHEIM—He recently completed i lI sprAVD, the design for the George Washington Park. The 1.8 acre site in- cluded a band shelter, custom steel trellis, custom steel arches at the points of entry, rose garden and period plantings, and two children playgrounds. Some other design details included cobblestone curbing I and banding, large decorative "cobblestone columns"that compli- -ment the neighborhood historic "Anaheim Colony" architecture. 2002 GPRS AWARD OF EXCELLENCE ■ LA PAT SPORTS PARK, CITY OF LAGUNA NIGUEL— Mr- Vasquez de- signed this multi-use sports field which included a pony and a little league Geld with a soccer held overlay and batting cages. These fields are the City's first synthetic turf sport fields. 2002 APWA PROJECT OF THE YEAR AWARD ■ L A N G R A N C H C O M M U N I T Y P A R K , CONEJO RECREATION & PARKS DISTRICT— Mr. Vasquez is lead de- signer developing the draft master plan for this 125 acre park site. JThe park will offer a number of recreational opportunities includ- ing a community center building, four baseball fields, tennis, bas- ketball, and hard court skate plaza, grass and sand volleyball, I large group picnic facilities, three playgrounds and an extensive multipurpose trail system and open turf area for programmed and I- non-programmed activities. 4l; P. � �ty}ytl,�,u•se nl4p � ��r � .,. �til��. !_� „ ,^�,. .rn�;' •✓ ems._ �_ .,., _- _ ,. <7 I 1 l: ILIi v' ,. i'/• } SKATE PARK DESIGN 1 ■ LIONS PARK SKATE PARK, CITY OF COSTA MESA F1 ■ SKATE PARK FACILITY, ` CITY OF VACAVILLE ■ LAGUNA HILLS COMMUNITY CENTER, CITY OF LAGUNA HILLS i, • Mr. Meek is a California registered landscape architect and project ' manager with David Volz Design- He has been a registered landscape architect for over 24 years, and has been responsible for all aspects of landscape architectural planning, design,project management, and construction observation for numerous projects.Mr.Meek served the r City of Fullerton as a park development coordinator for 9 years and has a strong understanding of municipal government process. Land- scape architectural project experience includes master planning,park- design,park renovation, sports complexes, trails, streetscapes, com- mercial,plan checking, industrial, schools, and residential design. Mr. Meek Has worked on many types projects ,the following are some that might be relevant to your project: Burbank Boulevard Streetscape Enhancement—Burbank, C4 As the project landscape architect,Mr.Meek worked with the city of Burbank on the development of the"Streetscape Enhancement Concep- tual Plan"and the design development drawings for 2.2 miles of Bur- batik Boulevard The project involved numerous meetings with city staff a� ' :�:w�R�ui;�,i�,� q and the community to select and locate street trees, design"Gateways" i for the project area,develop pedestrian"Accent Areas", add medians and enhance two major intersections. This 9 million dollar street improve- ment project included street trees,new medians, median landscaping irrigation, tree grates, site furnishings, lighting,accent paving a banner qt {^priiSx program, painting of existing light poles and street resurfacing.The busi- r�hlior= , a'^''t opd, -u 1 uess owners and residents strongly supported the project. + Parkwayiineii,tan construaiiva: '`;`i':' City of-r ullerton, Downtown Fullerton Street Tree Improvement l�owniovn revitalizsiony Project ldeiy signs �. While working with the city of Fullerton, Mr.Meek was responsible for !� w:-,r,Fe- asih9lity studies 1CiKty mventories evaluating the existing the is existing conditions of the Floss Silk street w J,, „-lIrarl Planning and Development trees that were causing a damage to the existing sidewalks and streets • Zity wide Park and Recreation along Harbor Boulevard. He developed a solution that would eliminate jMaster Plans the problem while maintaining the character created by the existing trees. ` • :; Park rehabilitation Amore appropriate tree was selected and a phasing plan was developed to replace the existing trees.A sensitive,well presented phased plan was critical plan because of the emotional and political nature of the project. The project has been very successful. Plan Checking Services, Palm Desert California --I Mr. Meek has provided plan checking services for the City of Palm De- sert. The plan checking service includes planting, irrigation and construc- tion plan review for compliance with City standards. Plan checking for �) Pahn Desert requires a working knowledge of desert plants,drip and bubbler irrigation systems and rock, cobble,decomposed granite ground- DIM covers and their appropriate placement in a desert landscape. Ej Ms- Rios is a landscape architect with a specialty in recreation de- sign. This expertise encompasses accessible outdoor recreation de- sign, scenery management and fire management within the context of sensitive land use settings- i Ms. Rios has proven effectiveness in developing sound alternatives ` and mitigation measures for environmental planning projects, and in working successfully on interdisciplinary teams. i Ms. Rios has been the project manager for a variety of projects in- eluding residential developments, nature and interpretive parks, yy athletic parks, interpretive projects, and visual impact analyses, � ! km and within the urban wild land interface. ,n,,iapp J l Some of those project mm'tVn,��1;,,,;�,' ,!t'„ projects •f,fy. I.,. ',; I�'�i.e�r �•`6 .•r,a'I"�iil-. •d .p.,,.n'". �I , `.i --{m �V ^ i 1-710 Trees Program {' c . ? (Hudson School andCoo- lidge Park), Port of Long Beach w; tl,t Harry M. Park Dotson Ph • • •sue, HwgRY,W.-AOTYtlry Pwwc City of Stanton Sigler Park, City of Westminster x River,Park, City of Oceanside, California, Project h #f.::l@+ ;,.;=. - Manager ' Fairview Park Nature and Interpretive Center, City of G Costa Mesa, Cali �rnia, Landscape Designer j �.,... :.. l p b Oo�R•PARK„Wwicwf pRnV P�wxcwoy NC _' Ar Ballona Wetlands Walkway, Los Angeles County, Cali- fornia, Project Manager Ar Fuel Modification Plant Palette Resource Document, Orange County, California, Committee Member x Santa Monica Mountains National Recreation Area, National ParkSe>vic•e, California, Landscape Architect Newport Coast Wildland Fuel Modification Study, Project Manager As Project Landscape Architect and Quality Control Review Leader for DVD, Mr. Yamasaki is involved in each project and reviews the I plans at various stages for quality. Projects Mr. Yamasaki has participated in as project manager, or quality control review leader include: ■ On-Call Contract, City of Anaheim i er a A On-Call Contract, City of Tracy Wss:drg I 'lil /r m Frank Sinatra Drive Median Islands, b City of Rancho Mirage b +1 r1 ■ Round About, City of La Quinta Ia":•r�•li�.di1.;k'rw.uJ:o�r.r;. .-.,r ® Country Club Medians, City of Palm Desert Vili..��i.li��lir1�,y�:i' tY�:':�I v m Median Island Beautification, City of Rancho Mirage "AA, Al Soccer Meld, City of Santa Ana sa Jack Nichol Par City of Lon Beach {a,i<;rli;' �n"' � ;ril�'�i;';q 'i'{i :l;:'6•, ; �, Y g a Ball Field Renovation, City of Tustin Before joining DVD, Mr. Yamasaki worked for the City of Long rrtti Beach as a landscape architect for 31 years where he preparedplans, P P specifications, d estimates mates for capital t n rovement and non- capital tal improvements projects. Projects were diverse and included, but not limited to, landscape and urban design; irrigation systems; street and median island beautification; airport beautification; master planning; recreation and sports facilities; hardscapes; lake stabilization; annual tree trimming; bike paths; slope stabilization; erosion control and miscellaneous projects requested by other city departments. Mr. Yamasaki was also employed as a landscape architect with the U.S. Army Corps of Engineers where he performed work relative to LI 4i-�1,,,� -`=. the development of recreational areas in connection with civil works projects including dam and reservoir sites and other flood control channels in the San Francisco Engineer District. This required investigation, planning and analytical work for the development of project plans of recreational facilities. He provided field surveys and inventories of large land areas to determine extent and type of land use. He prepared estimated land use projections. vJJ' L, ^ Y M.k �!i:- r •��,�``y':ali'�v�, ni • jam' ^.. 4W1Lv -a K_J .._ Slmeebc�o�EMv,¢ylnmt i_1 Dream Engineering Inc., COMPANY PROFILE Dream Engineering Inc. is an Electrical Engineering Firm,providing Electrical Engineering services to municipalities andgoverning bodies in Southern California for over 20 years. We provide Electrical Engineering and Lighting Design services for Parks, Walkways, Sports Areas, Parking Areas, Median Is- lands and Street Lighting. We also provide lighting studies to as- certain the lighting effects on adjoining neighborhoods from the installation of new exterior lighting. We pride ourselves in being a relatively small fine(6 employees),but being able to provide large Electrical Engineering Services. We do all g p g .,'; ,+wa,•ti&,:,;"" ., our construction drawings and specs on computer and make use of the ;�•' "' "''''` "`f'''' r :;';i Internet for transferring files and obtaining vendors spec sheets.All our work is done by a State Licensed Electrical Engineer who is also a mem- ber of the lighting Engineering Society of North America(dESNA),or under the direct and immediate supervision of a State Licensed Electrical Engineer. We feel we have the experience and technical expertise in both Electrical t- „ . ' Engineering and Photometrics to be of assistance in making your future projects successful. f, .. C' s k.. s.-I Downlowro 2 AlleyYv3 f. City ofPa/m Spru)ys PROJECT UNDERSTANDING AND APPROACH JX; „�r - Project Understanding _ During our field trip to the site the need for this project became very A ] evident. After parking in the parking structure it tok a moment for us to find the alleyway, i yw y, and we knew what we were looking for. The d;;;ai ;t:,;:,,r,•.:,,,�;.,{eld p,,,9 ,,ins• ,_;,.,;,. connection between the downtown parking garage and Palm Canyon Drive is so important to the patrons using the Parking structure that I ;y.x= something really clever exciting and fun needs to be done to improve the space. We have already been brainstorming about the solution for . �,�.}j' a the space that could include lighting within the pavement and wash- ing the wall with light at night. Selecting a paving material that would rprovide a transition to but also a taste of what coming when you enter the incredible Palm Springs downtown. Color, texture, lighting, unique and interesting materials and plants will be use to treat the .,. perfect solution. There is also the functional requirement of space to _*; consider that the business owners rely on the run their businesses. All of these characteristics and constraints will need to be blended with opportunities to create beautiful, functional, safe space that will be- ;;,,:;_ .,, come a memorable and enjoyable experience, a huge change from - ' ;� ;_„ljl,s,„� Ft i what it is now. Our team will explore the many possibilities this site offers with the City staff, the local downtown restaurant/property owners. Our design and planning work will emphasize innovative and creative solutions while drawing from die existing unique "Palm Springs" de- sign. Our experienced designers have frequently worked with difficult Ispaces to create interesting and exceptional solutions. 'Three project designs we have completed that required creating interesting, aes- thetic, functional spaces are: Cerritos Park, in Glendale,the La Quinta Round About, and the exciting Laguna Hills Community Park. At j each of these sites, we use specially selected materials, finishes and lighting_ The results were dramatic in beautiful outdoor public L spaces. C I Preliminary Design Concept Phase We propose an open and interactive approach and a comprehensive study of the existing space and it's current function. Combining the experience and knowledge of City's staff with the needs and desires •+` u':i' ,:I,,, of the local City's business owners we will design the alleyway space that will truly reflects the character and nature of its surroundings and meets the community's needs. t_i l7awntawn Alleyway City aj-�pa/m springs Our team's approach has been time-tested and proven successful on many projects we have designed. Our foremost priority is in estab- lishing a strong working relationship with the City, which begins with our first meeting. The kick-offmeeting includes reiterating the objec- tives with your staff and our team leaders, and highlighting sebedul- i' 1 h. I;y4jle l ing milestones. We know that your staff has their finger on the pulse Y•� ` �' 50. of the Palm Springs community. They have a thorough understanding `I-: of the facilities needed and the issues to be addressed, therefore, our partnership with your staff and having a clear understanding of your j needs would be our top priority. t;; 'r l'"hr Next D VD will undertake an assessment of the existin ro ect con- ,r , g p j r ;' hp. i' .'° ^y' �tih'rn :>'-i', ':+".;•:._ ditions and a thorough site analysis. We will review the site survey, research existing infrastructure and utilities, give strong consideration l ";, •c-:- to the strengths and character of the surrounding neighborhood hl:: n`III,K�iI`l;lf�rpc',�::�:i�a i;.�� ' {. 1 pM l.!,Oi �;,',I�tr�'.�i�?'' � �,, views, connections to existing infrastructure, etc. Once we have thor- oughly analyzed the existing conditions, we will meet with the City staff to further our understanding of the concepts and content of this rl space- Thenext step is one of our favorites - meeting with the business com- munity and property owners. Our goal will be to make this space meet - 1 the community's needs as well as the business owners needs. Allow- ing the Businesses to stand in a place of ownership aids in a smooth design process. In the long-term, this ownership translates into a (� space that is taken care of by those who helped bring it to reality— those who will use it most. Following the meeting with the business community, our team will compile all design ideas and begin the consensus plan design process. Y.Y - ••u ;_ -„ Conceptual sketches will be presented to City staff in an idea consoli- dation meeting. The best concepts will then be refined into draft con- ceptual plans and presented to the business community. Elements that will be included in the design concept will be a materials palette for paving materials, walls materials, lighting, bollards, paint colors, archway materials si na a, and planting The design concepts will " - be presented and the ideas reviewed. In the end we will look for ., agreement on the elements which will become a part of the final pre- -„_� liminary design concept. Once City staff reviews the draft of the plan, a final consensus plan t-1 and design report, including budget estimate, will be prepared. A presentation package covering the planning process and the consensus plan for the park. will be prepared for a power point presentation. JF This presentation will be shown to the City Council and upon ap- proval, to the other oversight bodies. More input will be taken at the meetings and a final plan, estimate and written agreement will be the a^, yiri result of this process. Imo;i• r yiyE1'v P The final preliminary plan, which will be the focus of our efforts, will be the culmination of several concept plans being honed into a final graphic representation of the best development strategy for the site's Dowmown Alleyway City oFPdlrrr S,WWYs program. The design will emphasize aesthetics, incorporate a unique "Palm Springs" design, be functional for both businesses and patrons of the downtown, be safe, durable and maintainable. The design re- ;, • port will be prepared outlining the input process and describing the ,` program and development elements. A final cost estimate and sched- ule will be a part of this project report. Fi na l Design (PS E)1111117 & -` ";;,,°: 'K�Nu,h,, w;d:'y "rd,�'�"�'�»vi .'m,ar•I. } ('�gi' Y 4�VkIx,�Sdwll, ui{natj<jrs17_I i ; `J14i r .�rtundl�,y', 3rayi d�ilW�'� iyuigwrt?w^ Our primary objective for the Final Design phase of the project will I y' be to generate plans, specifications and a cost estimate for the bidding and construction of the project- The plans, specifications, and esti- mates will be prepared for the following: f Structure installations such as signs, bollards, planters, walls,pav- ing and site furnishings. Irrigation Planting i Lighting f Grading Assistance will be provided, answering Requests for information dur- ing bidding. As-Built drawings will be prepared based on red lined plans of field conditions provided by the City's construction contrac- tor. - j� Construction Administration can be provided by DVD at the hourly s.J rates if the desired by the City. U $hr'��� �'�'J lit 7 M,5 il,h5✓ LJ Downtown Alleywcg, C Ui of Palm springs Project Scope by Task The David Volz Design Team(DVD) is very pleased to be consid- ered by the City of Palm Springs to develop a preliminary design and construction documents for the alleyway behind the downtown parking structure. Our goal for the alleyway project is to provide an aesthetic, func- tional, safe and maintainable solution for the space. The project will incorporate unique paving, wall treatments, structures, signage light- ing and landscaping for both day and evening use. David Volz De- sign has the expertise and the experience that will be required to de- velop dus unique spare. We are excited about the opportunity to i work with the City of Palm Springs, David Volz Design is offering the following scope of services for the development of the Downtown Alleyway project: Task I -Preliminary Data Collection,Research and Kickoff i ', Meeting This task includes gathering available information about the project space that may assist us with development of the preliminary design ' concept. Data collected may include current and past site uses, util- ity information events of historical significance, maintenance and vandalism issues, or any other pertinent information that will help gain an understanding of what the project area was and d is today. � DVD will coordinate with the Engineering� desi n consultant to ob- '' tain plan and survey map information The kick-off meeting includes reiterating the objectives with the City staff and our team leaders, and highlighting scheduling mile- stones. We know that your staff has their finger on the pulse of the 1 community and has a thorough understanding of the facilities needed and the issues to be addressed. Our partnership with your staff and having a clear understanding of your needs is our top prior- ity. The key DVD Design team members for this project will attend the kickoff meeting. Task 2 - Opportunities and Constraints Study of the Existing Site U The downtown alleyway site presents some interesting design is- sues, in particular, it's a limited space with lots of different uses such as parking, access to Indian Canyon Drive, service entrances for the business and trash storage. 'Task 3 —Meeting with Restaurant/Property Owners "Project U Team" E, Downtown Ai[eylvay City of Pahl)Springy Prior to starting the preliminary design, we propose meeting with the project stakeholders to identify any additional issues that need to be addressed in the design and to listen to the design ideas for the site The emphasis of this meeting will be to define and identify an initial program and important issues. With this background and the City's staff guidance we will move into the active planning process. Task 4—Prepare Preliminary Design Concept Plan Two conceptual plans and full color visual aids and sketches will be prepared and presented to City staff in an idea consolidation meeting. The conceptual plans will include the recommendations of construction materials, color palette, lighting, and plant mate- rial- The best concepts will then be refined into one draft concep- tual plan and presented to the Business/Property owners for buy in of the design. Task 5--Present Concept Plan to the "Project Team" and City 41Rfp o,, Staff 4 ��@wluuu;,Gd4+1' The Conceptpl an and a recomme dation of mater ials will be pre- 0 r u � sented to the City staff and project team. Input from the meeting will be documented. j Task 6—Project Team and City staff directed Revisions to the h;.;, :';;;':';4 .''``' `'' Concept Plan DVD will use the input from the "project Team and City Staff and make revisions if needed to the concept plan. A presentation to the Planning Commission and City Council will be prepared based on the revised concept plan. r ,. r. Task 7—Present Concept Plan to the Planning Commission and the City Council The revised Concept plan and a recommendation of materials will i be presented to the Planning Commission and recommendations will be documented. The Revised Concept plan and the Planning Commission recommendations will be presented to the Palm 1 Springs City Council. r. Task S—Revisions to the Concept Plan and Prepare a Final Concept plan DVD will revise the concept plan based on the City Council's di- rection. The preparation of a final design concept plan and a rec- J ommendation of materials will be prepared. A Preliminary con- struction estimate will be prepared. A.presentation package cover- ing the process for current final concept plan will be prepared for a j power point presentation. This presentation will be put through the architectural review process and presented to the City Council. 6 ' Downtown Allcyway+ City,of Palm Springs Task 9-Obtain Formal Approval through the City's Major Architectural Approval Process and the City Council DVD will submit and present the revised conceptual plan to the Major Architectural approval process and back to the Palm Springs City Council for final approval Task 10-Construction Documents Once the City Council has approved the final conceptual plan, the final plans specifications and construction estimates will be pre- pared for bidding and construction. The following will be included in the construction document package: Construction Plan Grading Plan Irrigation Plan 1 Planting plan J Lighting Plan Construction Details l Specifications 4- Estimate of probable Construction Costs Task 11 -Assistance during Bidding = Once the City Council has approved the final plans and specihca- Cy. - tioas, DVD Will assist the City staff during bidding by answering "Requests for Information"from the potential.bidders- Task 12--As-Built Draw ings ` Once the project construction p ) nstr tion is complete DVD will prepare as L.J built drawings based on red lined plans of field conditions b pro- vided e 's construction contractor. - Y the Cit Y f LI I_Omr(uwo Alleyw.iy Gtv r>!F?7liu S�rveyrS 1 PkO)ECT DEL.IVEkY Delivering projects to our clients within their expectations, budget, and timeframe is our top priority. We aim to keep our clients happy and remain in a mutually beneficial relationship for a long, long time. We are an extension of your staff and are willing to support you in any task needing assistance. We have the knowledge and expertise to creatively take your project from start to finish, from concept devel- opment through the construction process. We have provided similar Jk services for hundreds of successful public space development and re- lrlrStl furbishmenl projects. We have a very creative team and our desire to 4iikq p.,1 be your staffs landscape architect will be evidenced through our � '•�M,a ;;�`"�,s%+; -„'i energy and enthusiasm. l The best way to demonstrate ability to complete comprehensive and Jt !`'F``'"' -' ? timely projects is our list of numerous happy clients and return cus- : .,,I tomers. By way of previous project examples we demonstrate our ability to accomplish our scope of services on time. The following list !I .. y P P of clients and projects have been prepared for your review. keel wel- come to contact these clients to discuss our responsiveness- LJ m o} bran+ivl � �:.;:'ll d�:�/},}.:J. + .� ��.�. ; .,• .-. I� - �h,r_ Y +.i c: ',.,'� -- IF�lii, •�,l��ii!: 'I':�al!I� au•�,�, �r:' I�iil�ll�li.l'.�f "'h�i��a'N� �II�' ,c��,._ ";yc, .�,I� 'j"II�. I,:� '•.:m,�„'I!"�r eii4iTRd'r:Ylf�iJigrici7�r"l,l'In; ;;F4u•r•5 u�icl'' �+tr 7.:11. I bw. '�,�ii.� .:p'd;,r :�,!.0 'ri'IG'•�: ' .�ir!�„i��, ` rC'r".:d:la.•h� I. ;'���_"".I�'�.�h�yl�. .i�lrl i.!pli . ,rl� PI���,p,1.��� •.iV..,!ef:'�^ -!��%�')7l�'("r � lfdli�(' gram Mr. E Hudson School& Program Alanager Beach 1-7-10 Trees Pro d Rogan •'i l „ . is ppit"I 'a 1''' - .. 'Crn :If-(i.�,rh,•!1�! d .r 6�i'.;'^;_d w.+rris!rll,u,l lI'1l19 p i`!"„I•p'6.Y�.d�;:h.�Iglr,SJl1;dbVJ'!��'( 'Sx :'y�:r' r.'��r•ylhl-u,. �h��„ .I. a ll, I I 3.i '�u'h�u,P'rirb•! srtl r .r,l!II^ Z.AI• Ill: 11 a ill;l,, °.;iV�. 1'iklll���lr� n: d'.lVlip.,r L)kl^'I,n�', �•I(",p,l,i�,::�,li'. ,I I,r ' .. Iv.` 'IuY: q��'i'�l5ii'rN,1,r 'C'a{l'ri riY;y :�I�I'!ljl '�'vl �Y, •� 'oi'jlll,'yf ;:•i,:y�l"''� �.:'I�,� �LI IY.r.,vi'� 4^�h Illf':ly[',u . �F,�p illi� �i�i�V':::''llili� i'l' � 1.i�•f^.' :'Jf�Nll.'I� ILr. ��u!IIViVY^IJ.. - Con4o RecreaWn'and Park Lang Ranch Conununitr Air. Lauren Pluth (-rr4 of/J � �rl+ � rl.'li�l�l.r. �L�t61r.;I.i�TiLni fdni>;citvr�',- - 'ga'I��!;p�1Q71R+Y1'�5''.: ir:Vi!Illl��� .li:�'I'llll �i.�,CI;V]all"•�'uiT'iil;'i�'Vlj'�`;l:'i� I�'�':Ilr�,f'V"' �:��.,NI�'Ili,:�.!I - dll��';}'r�'"IV1�. ','4r I�' "i' o�l3zfia,4!nl„,/('6�ilndeY,'7aut� lrifiV�ulUll"I;fiT,ii'61i !!ll,[:Icrk'self„Jiruithr'Yr�lpr�•�.r "I:yp :�.Ni� 'l'I��lFI, ta!I�TY{t''Lt r'I'..%G�7�i;•I:Q" .^,li:..'!lli���li��, ��!i l,'IIII��" "��ul1i.:. - .,,Il�f����'�-���i'��� ,z, lruz„ n "'''IS'C�'�4�r''�'4jr�,iF•i;il :...'I^.' i1,;-i' III,�4,V]�'",pd�i"•^�lillluuaP,:� ai7lii'��liw l���I', IiY;I, Acnoiati {VI .igiljrf'iq�yqu -:';pl'I'p'h .u'F.II', �fRqnc�)oMiraqe 0 Median Islands Projects Mr. Bruce 1-farrj,r.T sCrh LI "N &vch 1" .�illl� Shc,Vll', �ti.,�!''1'•"II'r,f' 1��(�Q'k�j�: '�•��16��� ICI- "'I�,a��l' 'l,m ll - -•':,r: "i I, 1 :j,.``: e�rt'irl: „x, Ieo�ecG+'ir�•'�Igl;�ll, IrIIpI:;fIC p:lr��:p�uV!l',�1:`l�l'i..,l�ril,2i�'rl�eirli�lolci��i; "i •ltj:'i�yi!•I'�i�'�i'l�llll�pl 'I6,.,olr,�r'I�r.1-1�1:r1',y�,'4!I'IP¢! !d�"p$Illmldiipl��l��l�ri I�f�jJd`u,Yi� ,�'�F:,6�,��p�.' -Il;r+�, ��I„ I'.q,}.I, - �'�v�l,,;il, +��I„ 'ci6u+.% f•,pp!1�';d'i�!dR "I'I�!',' "�hd,'r�_ �m :�'dii:��.:�'r,Yll",.I!r,1�llq'�l',ii �,I-'�V!li diJ:!.li,"IIiINI llu`rie.hl,w�rM1�P�,y�;p��l��,.l„:V!i!'''�I,l•s�IIli!,'i�I^f;l,,i luispl"•I';','l+�i-,.."I''v�u:.I5 uml^,. IId�lhi:ll5llr,} �,la'L�I'P fl; I,IIi� II a,7n'.I.Il 3l:',r">ql!! Vl S.:. u'id ll:i.' i dir:, . . I� iri■r r� aII� Preliminary Project Schedule City of Palm Springs Downtown Alleyway Project Created:October 18, 2007 Task 1 Preliminary Data Collection,ffe—seamh—�. nl 'lnnnnnnnnnnnnnnnnnn nnnnnnnnnnnnnnnn . k offn .AAA k nnnnnnnnnnnnnnnn� nnnnnn Task 3 Meeting with Restaurantf Property nn ,� nnnnnnnnnnnnnn�nnnnnnnnn�nnnnnnnn Task 4 211elpare Preliminary Design Conceptnn;. nnnnnnnnn ■nnnnnnnnnnnnnnnnn nnnnnnnnOnnnnnnnn�nnnnnnnnnnnnnnn�nn Task Prole •1 Team • City Staff• 1• •directedinnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn 0, n��nnnnnnnnnnnnnnnnnnnnnnnnn�nn MN nnnnNK, nnnnnnnnnnnnnnnnnnnnnnnnnnnn Task 9 Major Architectural Approaval Process and the City Cc nnnnnnn�innnnnnnnnnnnnmm�nnn� wn .i.wM4 A w �r M ■..�N.■..■■■N.N■.■N. [Task 11 Assistance during Bid .....■ ■.■■.■N.N. .ra, .y .Y : .,�.■■.■.■■�.N■.■N.�� ■.■NN■n■■■.■N..■n�i■.■....■■N�N■■�;a� �a�,„�.■ mom MEMO ..■ .■.N . J ■■�.■■.��■■■.■■.■■■■��■■.N. ■■.. Win........■.■■........ ....■. .n::nnnnMEMO nnnn'.nn'.� Revised: 3/23/07 EXHIBIT "D" SCHEDULE OF COMPENSATION 524762.1 Proposed Fees Our team members are all committed to developing the overall site design development package which will meet the requirements of the project. The Final Master plan and all related graphics will be prepared as a word document compatible with the City software and provided to the City electronically on CD's or DVD's. The following are our fees for the proposed work tasks: Task 1 Preliminary Data Collection, Research and Kickoff Meeting Deliverables: Kickoff meeting minutes Proposed Fee: $ 1,000 Task 2 Opportunities and Constraints Study of the Existing Site Deliverables: Opportunities and constraints study Proposed Fee: $ 1,000 Task 3 Meeting with Restaurant/Property Owners "Project Team" Deliverables: Meeting Minutes Proposed Fee: $ 1,000 Task 4 Prepare Preliminary Design Concept Plan Deliverables: Preliminary Design Concept Proposed Fee: $ 5,000 Task 5 Present Concept Plan to the "Project Team" and City Staff Deliverables: Meeting Minutes Proposed Fee: $ 1,000 Task 6 Project Team and City Staff directed revisions to the Concept Plan Deliverables: Revised concept plan Proposed Fee: $ 1,000 Task 7 Present Concept Plan to the Planning Commission and the City Council Deliverables: Presentation materials Proposed Fee: $ 1,000 Task 8 Use City Council direction to create a Final Concept Plan Deliverables: Final Concept plan Proposed Fee: $ 1,000 Task 9 Obtain Formal Approval through the City's Major Architectural Approval Process and the City Council Deliverables: Approved Conceptual Plan Proposed Fee: $ 2,000 Task 10 Construction Documents Deliverables: Construction documents including plans, specifications and cost estimates ready for bidding Proposed Fee: $ 15,000 Task 11 Assistance during Bidding Deliverables: Answers to BFI's Proposed Fee: $ 2,000 Task 12 Prepare as build Drawings Deliverables: As Built Drawings Proposed Fee: $ 1,000 Total fees for services: $ 32,000 Five (5) meetings, and four(4) presentations are included in the tasks listed above. Additional meetings, including meeting preparation will be charged at the attached hourly rates. Additional presentations will be charged at the hourly rates with a minimum of$2,000 per presentation. David Volz Design will provide electronic copies of the all drawings and documents in Auto CAD 2004 or Microsoft Word 2003 format. ADDITIONAL SERVICES TO BE PROVIDED ON AN HOURLY BASIS The following items are not included in the Basic Services, and will be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis per the attached Hourly Rate Schedule. • Revisions to the construction documents resulting from City requested changes to documents previously approved by the City. • Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, or schedule_ • Providing services in conjunction with arbitration proceedings or legal proceedings, except where the Landscape Architect is a party to such proceedings. • Preparation of drawings for work beyond the project boundary (site and immediate street frontage). • Preparation of separate Public Improvement drawings. • Services in conjunction with any required discretionary approvals. • Traffic Engineering Studies. • Environmental remediation studies, surveys or removal specifications. • Preparation of Boundary Surveys, ALTA Surveys, Title Reports, Deeds, construction staking or other documents in conjunction with the project site. • All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.1 times the Consultant's cost. I propose to provide the stated basic services for a fixed fee of thirty five thousand Dollars ($35,000.00). Invoices will be submitted monthly, in a format acceptable to the City, for the percentage of work completed during the month, on any particular phase. Our firm maintains General Liability and Errors and Omissions Insurance with nationally recognized insurers. We will be providing certificates of insurance per your request, We look forward to meeting with the City of Palm Springs on this exciting project! I am available to meet with you at any time to review and discuss the scope of services and fee. If you have any questions, please do not hesitate to contact me at (760) 580-5165. Very truly yours, DAVID VOLZ DESIGN David J. Volz Principal/Landscape Architect #2375 Revised: 3/23107 EXHIBIT "E" SCHEDULE OF PE,R OP-AIANCE 524762.1 Preliminary Project Schedule City of Palm Springs Downtown Alleyway Project Created:October 18, 2007 M N M ■minary Data Collection,Research& Ta51%I 01'1'off Meeting I PKII MEN Tasl�2 4 pportunities&Constraints Stu-dy—Qf Ixlsti mom M■mom ONE Task 3 Meeting with Restaurant/FroPe—rty— o C m" mom 0 mom■■■■■ ■■■■■■ j#_t-Tea ■■■■ W�■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■� TasK4Prepare Preliminary Design Coricept __elan- ONE 0 ,Task 5 ea " Md Ci taff irectod n ■ ■■■■�■■■■■■■■■■ mn No M■ Conceut Plan to the T�%7 10=slon and the City Cotincil ON I■■■■■■■■■■■■■■■■■■■■■■ 0 M■ 0 M■No mom■■■■■■■■■■■ On OW MINE IM- 911 M on WOU mom no ME 0 E on M mom 0 no M 0 mum 0■'.■■'.■'ENO No mum■ MMM NINE EMEM M mom■NEON no M MWEEMEM