HomeMy WebLinkAbout00525C - DMC DESIGN GROUP INC DOWNTOWN TRASH ENCLOSURE SURVEY/ENGINEERING DESIGN Page 1 of 1
Kathie Hart
From: Paula Sweat
Sent: August 24, 2009 3:47 PM
To: Kathie Hart, Diana Shay
Subject: RE: A0525c- DMC - Professional Survey & Engineering Design -Downtown Trash Enclosures
Hi Kathie.... You can close this agreement—the final invoice was paid 4-13-09.
Paula J. Sweat
Economic Development Program Assistant
City of Palm Springs
3200 E Tahquiiz Canyon Way
Palm Springs, CA 92262
Phn 760.322-8321
Fax: 760-322-8325
email: paula sweat@palmspD Ms_ca aov
Please consider the environment before printing this email '
New Hours for Palm Springs City Hall.Monday_Thursday 8 00 a in to 6.00 p.m,
From: Kathie Hart
Sent: Monday, August 24, 2009 3:38 PM
To: Diana Shay
Cc: Paula Sweat
Subject: A0525c - DMC - Professional Survey &Engineering Design - Downtown Trash Enclosures
Diana:
Tn April 2009 you indicated we'll be able to close this agreement soon. What's the
current status? OK to close?
Thxl
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm springs
3200 E, Tahquitz Canyon Way
Palm Springs, CA 92262
(760)323-8206 1 oa (760) 322-8332
F� Kothie.Horf@PalmSpringsCA.gov
Please note that City Hall is open 8 a.m. to 6 p.m. Monday through Thursday,and closed on Fridays at this time.
08/24/09
CITY OF PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY
CONTRACT CHANGE ORDER
To: DMC Design Croup,Inc. Date: May a, 2oo8
Maple Centre Project No.: o2-08
170 N.Maple St.,Suite ror Project: Trash Enclosure Design
Corona,CA 9288o Change Order No.: TVC0^t: `
Contract Purchase No.: 0000566
Account Number: 81L9i-65i99
Resolution No.: tS38
Agreement No.: A0525C
CHANGES IN WORICCOST
Increase to Contract Scope
New Items:
1. Alleyway Enhancement Plans & Specs Lump Sum $2,500.00
Total- Change Order Increase Amount $2,500.00
SCOPE OF ADDITIONAL SERVICES:
1. lncorporate Downtown Alleyway Enhancement Design Drawings and Specifications prepared by
David Volz Design,Landscape Architects,within the Downtown Trash Enclosure Plans and Specifications
to result in a single set of plans and specs to be used for bidding the improvements as a single contract.
Note: The prices above are inclusive of all specified mark ups. No additional marls ups will be added
to any item on this Change Order.
SOURCE OF FUNDS
The following account will be utilized: 811-8191-65199 'Trash Enclosure Survey/Design
Summary of Costs Contract Time
Original Contract Amount: 852,740.00 Original Completion Date: Maya,2oo8
This Change Order: 52,500,00 Days Added for this C.C.O.: —7—
Previous Change Order(s): 5o Previous Days Added: N/A
Revised Contract Amount: $55,240.00 Revised Completion Date: Same as Original
t
�d�l /OR ',��'_�lA,�d�iT
I have received a copy of this Change Agency Approval:
Order and the above AGREED PRICES /b
are acceptable to the contractor. Submitted by Date
Redevelopment C dinator
By Approl-ed I���YA_
Contractor: DMC Design Group,Inc. it cl r ommunity and Economic Development
Date rj�/Z�Or�� Approved by i Date l7• �'
Fxeceni D' ctor
Atteste - -ate rod 2D z®ars
,9ecretary
Distribution: /
Original Executed Cnnigc, Conformed-File Cnnx
Contractor (1) Community/Economic Development Department File (1)
City Clerk (1) Finance(t)
Afl ..
APPROVED 6Y'
ir
L
Revised: 3/23/07
PROFESSIONAL SERVICES AGREEMENT
(DMG Design Group, Inc. — Downtown Trash Enclosure Survey and Engineering
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 DMC Design Group, Inc., Engineering Design Consultant ("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 Surveying and
Engineering services for the design of a downtown trash enclosure and engineering survey of
surrounding area(the "Project").
B. Consultant has submitted to Agency a proposal to provide engineering 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 terms and conditions of this
Agreement, Consultant agrees to perform the professional services set forth in the Scope of
Services described in Exhibit "A," which is attached hereto and is incorporated herein by
reference (hereinafter referred to as the "Services" or"Work"). As a material inducement to the
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.
OP
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1.2 Contract Documents. The Agreement between the Parties 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 Parties. Should any conflict or inconsistency exist
in the Contract Documents, the conflict or inconsistency shall be resolved by applying
the provisions in the highest priority document, which shall be determined in the following order
of priority: (0) the provisions of the Scope of Services (Exhibit "A"); (2"d)the provisions of the
Agency's Request for Proposal (Exhibit "B"); (3") the terms of this Agreement; and, (41h) 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,
s24762.1 2
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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 S25,000, 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 mnaterial 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 maximum contract amount of Fifty Two Thousand Seven Hundred Forty
Dollars, ($52,740.00) (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-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 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
$24762A 3
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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 Payment. Unless some other method of payment is specified in the
Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive
payment, no later than the tenth (10) working day of such month, Consultant shall submit to the
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 maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services
is requested by the 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 complefion 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
524762.1 4
Revised: 3123107
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 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 determination 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 32 above, unless extended by mutual written agreement of the Parties.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf
with respect to the Services to be performed under this Agreement and make all decisions in
connection therewith, David M. Cosper, P. E., 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 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 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 documents 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 of 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 Jr
Revised: 3/23/07
Consultant shall not contract with any other entity to perform 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 all independent
contractor, and nothing herein shall be deerned 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 or 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, of 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.
13. 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 wider 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
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any reason any court or governmental agency detennines 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 officers, employees, servants, representatives,
subcontractors, or agents, Consultant shall indemnify 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 perfonnance 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 tinder 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 iminediately 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
fall 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 (S1,000,000.00) 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 "clams 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 tie written approval by the Executive Director.
(3) In the event the policy of insurance is written on an "occurrence"
524762 1 7
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basis, the policy shall be continued in full force and effect during the term of this Agreement, or
until completion of the Services provided for in this Agreement, whichever is later. In the event
of termination of the policy during this period, new coverage shall immediately be obtained to
ensure coverage during the entire course of performing the Services under the terms of this
Agreement.
B. Workers' Compensation Insurance_ Consultant shall obtain and maintain,
in full force and effect throughout the tenn of this Agreement, workers' compensation insurance
in at least the minimum statutory amounts, and in compliance with all other statutory
requirements, as required by the State of California. Consultant agrees to waive and obtain
endorsements from its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the 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 term of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit of at
least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general
aggregate for bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and completed
operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount of
one million dollars ($1,000,000,00) bodily injury and property damage. The policy shall include
coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of employer liability
insurance written on a per occurrence basis with a policy limit of at least one million dollars
($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the 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
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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.
5.3.2 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-compliance with any insurance
requirement in no way imposes any additional obligations on the Agency nor does
it waive any rights hereunder in this or any other regard.
52062.1 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
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 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 nmay 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 ar 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 are not required for Errors and Omissions
524762.1 10
Revised: 3/23/07
and Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs 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 Na"or 'for any and all work performed with the Agency"maybe 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 Palni Springs Contract No. " oT 'for
any and all work performed with the Agency" maybe 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 Coirununity 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. INDEMNIFICATION
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 "Indemnified
Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs,
demands, orders, and penalties (collectively "Claims"), including but not limited to Claims
arising from injuries or death of persons (Consultant's employees included) and damage to
property, which Claims anise 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,
5247621 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 time extent such Claims arise from 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
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 lndermiified 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
indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final. This provision is 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
perfonnance 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 time Contract Officer
such reports concerning the perfonnance 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 time
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
524762.1 12
Revised: 3123107
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 be 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 indenufy
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 perfonmance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer. All infonnation 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
524762.1 13
Revised: 3/23/07
fair language and common meaning to achieve the objectives and purposes of the Parties. The
terns 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 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, Agency shall pay Consultant for Services performed through the date of
termination. upon receipt of such notice, Consultant shall inunediately 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
perfonned 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 termination is due to material default by the Agency, the period
of notice may be such shorter time as the Consultant may detennine.
8.4 Default of Consultant.
A. Consultant's failure to comply 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 terminate 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
8.43, 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: 3123/07
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 tern contained in this Agreement, shall not be construed to be a waiver of any
subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and
complete compliance with any of the covenants, conditions, or terms contained in this
Agreement be construed as changing the terms of this Agreement in any manner or preventing
the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are
cumulative and the exercise by either Party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be
entitled, in addition to such other relief as may be granted, to recover from the non-prevailing
Party all reasonable costs and expenses, including but not limited to reasonable attorney fees,
expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in
collection of any judgment entered in such proceeding. To the extent authorized by law, in the
event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding
within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be
the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of 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.
524762 1 1 S
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 arc 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 fonns of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copvright 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 same, and provided such suit or claim arises out of, pertains to, or is
related to the negligence, recklessness or willful misconduct of Consultant_ However,
Consultant will not indemnify 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 infinges upon an existing U.S. letters patent or copyright.
13. 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) die date of delivery to the address of the person to receive such notice if
delivered personally or by messenger or overnight courier; (ii) five (5) business days after the
date of posting by the United States Post Office if by mail; or (iii) when sent if given by
524752.1 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 £Duns 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
Facsimle: (760) 323-8332
To Consultant: DMC Design Group Inc.
Maple Center
170 N. Maple Street, Suite 101
Corona, CA 92880
Attention: David M. Cosper, P. l ., Principal
Telephone: 951-549-8100
Facsimile: 951-549-8102
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties and supersedes all prior negotiations, arrangements, agreements, representations, and
understandings, if any, made by or among the Parties with respect to the subject matter hereof.
No amendments or other modifications of this Agreement shall be binding unless executed in
writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be determined to be invalid by a final judgment or decree of a
court of competent jurisdiction, such provision shall be ineffective only to the extent of such
prohibition or invalidity, without invalidating the reminder of that provision, or the remaining
provisions of this Agreement unless the invalid provision is so material that its invalidity
deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for herein,
nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed
as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or
otherwise, upon any entity or person not a party hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth herein and each Party acknowledges and agrees that such
Party is bound, for purposes of this Agreement,by the same.
sxal5z a 17
Revised: 3123/07
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i)
the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he
or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which
he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing
is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other Agreement to which the Party for which he or she is
signing is bound.
5247621 18
Revised: 3123/07
IN WITNESS WHEREOF, 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 II. R1 AJ] Ph.D.
Executive Dir
ATTEST;
07 FHis. L, 0,
3AMES.-THOI�i PSON,,
/ ssistant Secretary 6 G
APPRO .I2�AS TO FORM:
l
D UGI C- HOLLAND,
Agency ounsel
"CONSULTANT"'
MC Des' Group,-Ines----
B +
David M. Cosper, . E. , Pr ncipal
I3y:
Donna McConaughy, CT
ate Secretary
T surer.
524761.1 19
Revised: 3/23107
EXHIBIT "A"
SCOPE OF SERVICES
524762.1
SCOPEOFSERVICGS
PROJECT UNDERSTANDING
Our Project Team has thoroughly reviewed the City of Palm Springs' Requestfor Proposals(RFP) #02-
08—Professional Engineering Design and Survey Services (Downtown Trash .Enclosure Adjacent to
Parking Structure). Members of our Project Team conducted numerous site visits of the project site
between October 11, 2007 and October 17, 2007 and reviewed available record information, including
Assessor Parcel Maps and aerial photos of the site. Specific questions regarding the project scope and
parameters were discussed with Mr. Craig Gladders, Procurement and Contracting Manager for the City
of Palm Springs.
An existing trash enclosure is located southwest of the Fisherman's Market Restaurant, near the rear of a
multi-level parking structure at Indian Canyon Drive and Baristo Road in the City of Palm Springs, CA.
The trash enclosure serves several restaurants in the immediate area, including the Pomme Frite, the
Chop House, the Thai House and the Village Pub. The City has identified the following three (3)
specific concerns associated with the trash enclosure:
1. The trash is not adequately sized or located to handle the amount of use it gets. Often, the trash
enclosure is riddled with loose trash and cardboard boxes that have not been properly broken down.
Garbage odors have been an ongoing issue in the immediate area surrounding the trash enclosure.
2. The grease disposal system located within the trash enclosure is used by several restaurants. The
grease disposal container is not contained within an adequate spill control facility. On occasions,
this deficiency has allowed grease to drain directly into the stone drain system.
3. The appearance of the area immediately surrounding the trash enclosure's lacks the quality that the
surrounding neighborhood of restaurants requires.
City staff has prepared conceptual plans of the trash enclosure redesign. The conceptual plans show the
required facilities, access gates and required utilities/services within the trash enclosure. The design will
specifically include,but not be limited to:
❑ The height of the enclosure walls shall be increased from 6.5 feet to 10.0 feet using steel mesh
material with finish to match the adjacent parking structure's exterior finish and shall have a roof;
❑ A portion of the south wall shall be removed and replaced with 10-12' wide gates for truck access to
new compactors/containers;
❑ Relocation of an existing hose bib ;
q A tank-less hat water heater with hot water supply to the relocated hose bib;
❑ Installation of a keypad/keycard gate locks to restrict pedestrian access to the trash enclosures to
authorized officials and users (2 locations);
❑ Installation of electrical power to operate lighting and compactors, and incorporate solar power
where feasible;
❑ New disposal containers and compactors within the trash enclosure with odor control, recycling bins
for glass and plastic with adequate utilities. (t is understood the City has already selected the
compactors and recycling containers to be housed in the trash enclosure. The Consultant shall
coordinate with the vendor to ensure the trash enclosure is designed with adequate space to
accommodate these disposal facilities.);
❑ A grease disposal container in separate containment area with a curbed enclosure and protective
liner.
10
DESIGN GRvr1t
SCOPEOFSERVICES
o Storage for City equipment/supplies in a secured(locked)area within the trash enclosure.
The City requires the services of a Professional Engineering Consultant to conduct a detailed survey of
the study area to properly delineate the property boundaries with the study area and carry out the detailed
design of the trash enclosure. Specifically, the Scope of Work to be completed by the Professional
Engineering Consultant shall include at least the following four(4)Primary Tasks:
2. Finalize Design Concepts Prepared by City Staff;
3. Topographic/Boundary Survey of the Study Areas;
4. Final Design(Plans, Specifications and Estimates);
5. Construction Administration.
MANAGEMENT PLAN
DMC's project approach is based upon a proactive Project Management Plan that originates with our
Proposal and is finalized and initiated with the Notice to Proceed. In summary, our Management Plan
will communicate to each member of the Consultant Team the organization and communication
procedures, task descriptions and assignments, schedule requirements, cost and resource budgets, project
data and design guidelines.
One of the key steps in preparing a useful Management Plan is the development of a detailed Project
Work Plan. To develop this plan, a series of interface meetings will take place among the members of
the Consultant Team to clearly identify the multiple activities required to complete this project. These
activities will include not only specific project tasks, but also agency reviews and approvals, quality
control processes and milestones for deliverables. Assignment of responsibilities for each activity will
also be designated, as generally shown on the proposed Organizational Chart for this project.
Modifications to the Organizational Chart will be made, as needed, to strengthen the Consultant Team's
ability to immediate project needs and as identification of specific requirements are identified. In
developing this detailed Project Work Plan, many of the potential project constraints are identified, ways
to expedite this project are developed, and the avenues of communication among team members are
increased at this initial stage of the project.
The ability to clearly communicate information, such as scope, cost, schedules, and technical matters, is a
vital element of any project. A coordinated effort among the various team members is required to
achieve an integrated program that, in turn, is necessary to deliver quality services within strict budgetary
and time constraints. Coordination requires effective and frequent communication among Consultant
Team members.
Key to the entire Management Plan and subsequent success of this project is the role of the Project
Manager. The Project Manager is responsible for oversight and coordination of all project activities,
meshing the technical requirements through a proactive, hands-on management approach. The Project
Manager is the sole contact person between DMC and the City, interfacing with all City departments as
well as with outside utility agencies. The Project Manager will be responsible for project documentation,
including scheduling, preparation of agendas and meeting notes, and assignment of action items for
meetings between City staff,sub-consultants and other agencies.
QUALITY CONTROL
Once the final work plan is completed and final Consultant Team assignments communicated to each
Consultant Team Member, DMC will develop a defined Quality Control (QC) Plan specific to this
project. The QC Plan will guide the Consultant Team in the management and implementation of quality
throughout the life of this project, not to merely"check it" at the end of this project. The preparation and
implementation of the QC Plan will be integrated into the work plan and a specific task and will be
applied continuously and at strategic points in the work process by Consultant Team Members. The QC
Plan will include procedures for both administrative and technical controls, such as project files, routing
11 Dw
DESIGN GRDEM�
SCOPCOPSERVICEs
of correspondence, cheekingfback-checking procedures, design notebooks, check lists, etc. To ensure the
process is developed and implemented by the Consultant Team, DMC will prepare a written copy of the
QC Plan to the City during the initial implementation stages of the work plan.
WORK PLAN
The Scope of Services proposed for this project will consist of three (3) phases; Preliminary Design
Concept, Final Design and Construction Administration (City's Option). Based upon our current
understanding of the project requirements and needs, our Consultant Team proposes the following Work
Plan for this project:
PHASE 1--PRELIMINARY DESIGN CONCEPT
Task 1.01—Project Management
Task 1.01.01 - Proiect Orientation Meeting— Prior to the start of the project, DMC will meet with key
personnel from the City of Palm Springs Community Redevelopment Department, Public Works
Department and Building and Safety Department ("Project Team") to discuss in detail the expectations
for this project and procedures to be used by DMC in completing the assignments of this project.
Task 1,01.02-Proiect Meetings—The Project Manager will facilitate a number of necessary meetings to:
• Resolve conflicting design issues;
• Obtain record information and coordinate conflicting utilities with respective utility companies;
• Coordinate with City staff, disposal equipment vendors, Palm Springs Disposal Services and local
restaurants owners as required to determine project parameters and constraints, structure installation,
operation and maintenance issues;
• Present concept plans to City Staff/"Project Team"/City Council;
• Provide monthly progress updates to key personnel;
• Obtain necessary approvals and reviews by City staff members, Architectural Advisory Committee,
Planning Commission and City Council.
Based upon our current understanding of this project, the Consultant Team anticipates at least the
following meeting schedule for this project:
Meeting DcscripNon No.Of Nleelings
Kick-Off Meeting I
Project Team Design Meetings 6
Present Concept Plans 3
Total 10
Additional meetings, should they be warranted, will be conducted and the costs associated with those
meetings beyond the number outlined above charged as an extra cost.
For each meeting, agendas will be prepared by the Project Manager and will be provided at the meeting.
Action items will be identified and properly assigned to Consultant Team personnel, staff or other agency
personnel deemed most appropriate. The Project Manager will keep and prepare project-meeting minutes
and submit to those in attendance within five(5)working days after the meeting.
Task 1.01.03-Proiect Schedule—Upon issuance of a Notice to Proceed by the City, DMC will prepare a
control-level schedule, using Microsoft Project Schedules v. 4.0, detailing specific delivery dates and
meetings. The schedule will be instrumental in providing the City of Palm Springs staff assurances of
project schedule compliance. The schedule will be updated monthly and presented to the both cities
digitally and in hard format at the monthly PDT meetings.
Task 1.02 Research - DMC will research all available City, utility company and other agency records, as
necessary, to secure all relevant information,clearances, and/or plan review services required to identify,
locate and accurately lay out all improvements and easements, centerline, right-of-way limits and private
property lines.
DMC anticipates its research effort will include gathering the following information:
12 .6
DESIGN GMET==
Scare orSERV1=
o As-Built Drawings/Aerials o Pertinent In-Progress Drawings o Existing Geotechnical Reports
o Assessor Maps o Existing Utility Drawings/Maps o Right-of-Way Record Maps
o Available Drainage Reports o Existing Environmental Reports o Existing Traffic Studies/Data
o Related City Reports o Flood Zone Designations a Records Of Surveys/Tract Maps
o Intersection Ties o Benchmark Data o Field Notes
Task L03 Site Visits (3) - Existing conditions and supporting improvements, such as pavement surface
areas, curb, gutter, sidewalks and driveways, walls, stairways, mailboxes, trees, fences structures and
existing landscaping will be inventoried. Pictures/videos will be taken of the entire project area to
confirm existing conditions. Prior to the site visit, a meeting will be conducted with personnel from the
city and representatives of the surrounding restaurants to review and identify additional issues regarding
access, drainage, access, gates, mechanical equipment and other issues related to the proposed trash
enclosure improvements.
Task 1.04 Boundary Survey- DMC will establish the boundary of lands within the study area(as depicted
in Figure I of the RFP) from a legal survey prepared under the direct supervision of a registered Civil
Engineer authorized to complete a boundary map (pre-1982) or a registered Surveyor. The results of the
survey will be depicted on a plan prepared in AutoCAD 2007, clearly identifying the boundary line(s), the
location of existing parking structure and trash enclosure in relation to the boundary line(s) and
surrounding buildings with access points to the Study Area.
Task 1.05 Topographic Survey/Base Mapping - DMC will perform a topographic survey of the Study
Area and beyond, as necessary, to establish vertical/horizontal control of the site and to accurately design
the proposed trash enclosure improvements. The surveys will include all roadway, driveway, sidewalk,
ramps and other public improvements, building corners and doorway entries, utilities and surface types.
DMC will meet with appropriate officials from the City of Palm Springs and the County of Riverside to
obtain benchmark data, intersection ties and other pertinent data relevant to this project.
Utilizing research documents and field survey data, DMC will develop project area base maps at 1"�20'
(max.) in AutoCAD 2007 on City title block sheets. The limits of the base map shall have the same
beginning and ending points as the field survey limits_
Task 1.06Initial Utility Coordination - DMC will complete a detailed research of available records to
identify all utilities that may be impacted by the proposed improvements, including written contact, Field
reviews and mapping of the utilities. Specific subtasks include;
a Preparation of a Utility Log—DMC will develop a complete Utility fog of all correspondence with
utilities during the Preliminary Engineering phase of the project;
a Identification/Notification of Affected Utilities — DMC will develop a request for information letter
and one(1) utility notice to be sent to the utility companies via certified mail;
o Plotting of Utility Locations— DMC will review data received from the utility companies and plot
information on the base sheets to be used in the preparation of the project plans;
o Identification of Potential Conflicts— Potential conflicts will be identified. The City and the utility
will be immediately notified of known conflicts and plans sent to the utility and the City indicating
the conflict.
Task L07 Preparation of Concept Development Plans- Based upon the City's preliminary concept plan
and discussions with City staff and surrounding property owners, DMC will prepare preliminary color
concept renderings/illustrations of the proposed trash enclosure improvements for presentation to City
staff, the "Project Team" and the City Council, as may be required, using appropriate visual aids,
including drawings, slides and hand-outs.
Task 1.08—Presentation of Concept Development Plans- DMC will present concept plans to City staff
and"Project Team" for review. Based upon comments received from City staff/"Project Team", concept
plans will be revised and presented to the Architectural Advisory Committee/Planning Commission/City
13
OESIQN dNovF
SCOPEOFSERIQCES
Council for review and approval. DMC will revise concept plans, as necessary. It is understood that
DMC will obtain formal approval of the concept plans through the City's Major Architectural Approval
process, up to and including formal approval by the City Council.
PHASE 2—FINAL DESIGN
Task 2.01 Utility Coordination - Potential conflicts will be highlighted on plans provided to utilities as
part of the notification process, as outlined in Phase 1. These plans will be submitted to the utilities at
the 65%, 90% and final complete stages. DMC will prepare utility notification letters for each affected
utility company. The attached plans will identify locations with the conflict areas clouded to clearly
show the utility company the areas of conflict. The City will be immediately notified of known conflicts
once identified. This information will be noted in the Utility Log. DMC will continue to coordinate with
the utility until the conflict is resolved.
Task 2.02 Preparation of Plans, Specifications and Estimates (PS&E's) - Utilizing the concept plans
and design parameters developed in previous tasks, DMC will prepare clear, concise and accurate
construction documents (PS&E's) for this project. In general, the construction documents will conform
to the City of Palm Springs standards and practices.
Task 2.02.01 -Plans—All civil improvements will be prepared using AutoCAD 2007 software on 24" X
36"sheets. The improvements will be prepared in plan sheet format only at a scale of I"=20'. The wall
improvements will be prepared in plan formal at a scale of 1"=20' with a profile of the wall included in
strip format. Detail sheets will be prepared at a scale of 1"=20' or greater, as required. Based upon our
current understanding of the project, DMC Design Group will prepare the following sheets:
Uescriotion Na-or sheets
Title I
General Notes I
Details 2
Grading and Drainage Plan I
Masonry Block Wall and Foundation Plan I
Lighting and Electrical Plan I
Water Plan I
Equipment Lay Out Plan 2
Construction Staging I
Total Sheets 11
Plans will be submitted to the City and affected utilities for review at the 65%, 90% and complete stages.
DMC will submit four(4) sets of blueprints with each submittal, along with the previous red lined check
prints. Comments received from the City will be incorporated into the plans. Final plans will be
submitted to the City on Mylar wet stamped by the Project Engineer.
Task_2.02.02 - Specifications — Utilizing City boilerplates where possible, DMC will prepare Project
Specifications for the project. The Project Specifications will be prepared in Microsoft Word 2003
format and will be submitted to the City for review at the 65%,90% and complete stages.
Task 2.02.03-tstin:ates—DMC will prepare a comprehensive list of bid items,their quantities and unit
costs and probable cost of construction and submit to the City for review. The final construction cost
estimate shall be based upon and in agreement with the flrial estimated quantities shown on the bid sheet_
The estimates will be prepared in Excel format and submitted to the City for review at the 65%, 90%and
complete stages, or as otherwise requested. Backup data calculations by sheet and item will be prepared
and submitted to the City upon request.
Task Z03 .Sid Assistance - DMC will assist the City in the bidding process by addressing questions
regarding the plans and specifications through written responses, preparing and issuing Project
addendums and attending and answering questions at the pre-bid meeting.
14
DESIGN GFvap-!
SCOPEOFSERVICES
Task 2.04 Prepare As-Built Plans—Upon completion of the project, OMC will prepare"As-Built"plans
based upon red-lined plans of actual field conditions as provided by the City's construction Contractor.
Task 2.05 Revise PS&E's for Rebid—Should the initial bid results require the construction documents to
be revised,as deemed necessary by the City, DMC will revise the construction documents.
PuASE 3-CONSTRUCTION ADMINISTRATION(OPTIONAL)
DMC can complete the following Construction Administration activities should the City decide to use
DMC for these activities:
Task 3.01 Bid Analysis—Review bids received and determine appropriateness of costs;
Task 3.02 Pre-Construction — Coordinate and attend pre-construction conference, prepare meeting
minutes and address Contractor questions and concerns;
Task 3.03 Shop Drawings — Review shop drawings submitted by the Contractor for conformance with
construction documents;
Task 3.04 Project Meetings — Coordinate meetings with City staff, Contractor and other agencies as
required on a regular basis(twice monthly for 3 months)to update the status of the project;
Task 3.05 Construction Monitoring— Provide inspections on a regular basis as agreed upon, to ensure
the project is being constructed in compliance with the construction documents and to the City's
satisfaction;
Task 3.06 .Final Inspection -- Recommend and schedule, with City and applicable agencies, a final
inspection of the project;
Task 3.07 Plant Establishment — Provide monitoring of the installed landscaping and irrigation
improvements during the maintenance and plant establishment period.
It is understood that if the City elects to have DMC complete these services, it will negotiate the
construction administration phase costs upon completion of the design phase.
DELIVERABLES
It is anticipated the following deliverables,at a minimum,will be made by DMC to the City:
Project Coordination - Project coordination, attendance at required meetings and presentations of
preliminary and final project drawings;
Boundary Survey - Complete and professional engineering survey of the boundary between the Triangle
Parcel and the Plaza Villa Condominiums;
Concept Plans- Preliminary concept drawings and renderings, as required and necessary to obtain approvals
of City staff, the "Project Team", the Architectural Advisory Committee, the Planning Commission and the
City Council.
Construction Documents
Plans- Preliminary plans shall be submitted to the City for review and comment on standard 24"X 36" City
title block sheets for review and comment. Final plans shall be submitted on reproducible Mylar sheets and
in AutoCAD 2004 format drawing files on computer disks.
Specifications - 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 disk and in reproducible form, including all appendices.
.Estimates - A preliminary cost estimate shall be submitted to the City for review and comment with the
preliminary plans (65% complete) and shall include estimates for each item of work indicated in the project
specifications. A final cost estimate shall be submitted concurrently with the final plans and specifications.
15 T
WI WE
O�SIGN GRFH7�
SCOPEOFSEAVICES
Construction Administration - Construction inspection and management,construction administration record
files, files and documentation obtained during the course of the construction phase of the project shall be
provided to the City in an organized and indexed notebook format, including all contract information
required by federal, state and local regulations.
16 D
DESIGN GRiML
Revised: 3/23/07
EXHIBIT "B"
AGENCY'S REQUEST FOR PROPOSALS
624762.1
CITY OF PALM SPRINGS
NOTICE INVITING PROPOSALS
for
PROFESSIONAL ENGINEERING DESIGN&SURVEY SERVICES(RFP 02-08)
NOTICE IS HEREBY GIVEN that Request for Proposals (RFP) 02-08, for providing Professional
Engineering Design & Survey Services for the downtown Trash Enclosure adjacent to the parking
structure, will be received at the office of the Procurement Manager, 3200 East Tahquflz Canyon Way,
Palm Springs, California, until 2:00 P.M. Local Time,THURSDAY, OCTOBER 13, 2007.
DESCRIPTION OF WORK: The goal of the proposed project is to survey the study area to establish
property boundaries, prepare engineering plans and specifications to guide in the bidding and
construction of a newly designed trash enclosure equipped with the necessary disposal containers and
compactors to operate efficiently and inconspicuously. The work is comprised of four primary tasks: (1)
finalize design concepts prepared by City staff, (2)engineering survey of study area property boundaries,
(3)final design (plans, specifications and estimate) and (4) 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 designed trash enclosure. 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.oalmsorinas-ca.eov (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
Cheryl.MaMnra"loalmsorings-ca.goy or by phone at (760) 323-8237 to officially register as a Proposer
for this specific project 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. Note: 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 specifc RFP 02-
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 80
calendar days from the due date of proposals_ The receiving time in the Procurement Office will be the
gover."ng time for accep ab7 ty of Proposals. Telegraphic and telephonic Proposals will not be accepted.
Graig
Procureme nd Gontracting Manager
September 24,2007
i
of VAtM so CITY OF PALM SPRINGS
w-s
41
REQUEST FOR PROPOSALS#02-08
v
N^ PROFESSIONAL ENGINEERING DESIGN & SURVEY SERVICES
Cq o1FORt��a
(DOWNTOWN TRASH ENCLOSURE ADJACENT TO PARKING STRUCTURE)
1. BACKGROUND AND GENERAL DESCRIPTION
The City of Palm Springs is constantly looking for ways to enhance and continue the cleanliness
and appeal of the Downtown area.
An area of major concern is the trash enclosure located 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 Baristo Road (see Figure 1). The trash enclosure serves several restaurants
in the immediate vicinity including Pomme Frite, The Chop House, Thai House and The Village
Pub. The trash enclosure is often riddled with loose trash and cardboard boxes that have not
been properly collapsed, and there has been an ongoing problem with garbage odors in the
area. In addition, the grease disposal container located within the trash enclosure is used by
several restaurants. The grease disposal container is not contained within an adequate spill
control facility and so when spillage of grease occurs it eventually gets drained into the storm
drain system. The trash enclosure needs to be redesigned to accommodate the facilities
necessary to eliminate these problems.
In addition to the trash enclosure specifically, the appearance of the area surrounding the 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. The City is currently soliciting proposals under
separate contract for an Architectural Design firm to enhance this overall area surrounding the
trash enclosure and to design a walkway/entryway from the parking structure to the downtown
corridor. These projects will be occurring simultaneously and coordination between the selected
engineering and architectural consultants will be necessary to ensure a seamless and
successful design both in terms of functionality and aesthetics.
City staff has prepared conceptual plans of the trash enclosure redesign, attached to this
Request for Proposals (see Figure 2). The conceptual plans show the required facilities, access
gates and required utilities/services within the trash enclosure. The City requires the services of
a Professional Engineering Consultant to conduct a detailed survey of the study area to properly
delineate the property boundaries within the study area and carry out the detailed design of the
trash enclosure.
The redesign of the trash enclosure will include relocation of the existing water hose faucet and
addition of hot water service within the enclosure, installation of electrical service to power two
(2) new trash compactors, raising the height of the walls and removing part of the existing south
facing wall and replacing it with a truck access gate. The trash enclosure will contain 2 new
trash compactors to be selected by City staff, recycling bins and a free-standing grease
container.
524762.1 t
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°4fPORN, TRASH ENCLOSURE REMODEL
i
If. PURPOSE
The goal of the proposed project is to survey the study area to establish property boundaries,
prepare engineering plans and specifications to guide in the bidding and construction of a newly
designed trash enclosure equipped with the necessary disposal containers and compactors to
operate efficiently and inconspicuously. In addition, the engineering survey will include the
project area highlighted on Figure 1 to provide a base plan that will assist with architectural
design of aesthetic improvements to enhance the visual appeal of the area.
Ill. SCHEDULE
Request for Proposals posted and Notices mailed ........................ Monday, September 24, 2007
Deadline for receipt of questions.....................................—5.00 PM, Thursday, October 11, 2007
Deadline for receipt of proposals................................2:00 PM, Thursday, October 18, 2007
Consultant short list..........................................................................Thursday, October25, 2007
Interviews (if desired by City).............................................to be scheduled for fate October 2007
Contract award by City Council......................................................*tentatively November 7, 2007
IV. 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, disposal equipment vendors, Palm Springs Disposal Services
and local restaurants as required to determine project parameters and constraints,
structure installation, operation and maintenance issues; collect data and record
information.
2_ Prepare color illustrations/renderings of the trash enclosure for presentation to City staff,
the "Project Team", and the City Council, as may be required, using appropriate visual
aids, including drawings, slides and handouts; revise as required.
3, Perform project management and project schedule maintenance to ensure that the
project timeline is adhered to and deadlines are met.
4_ Perform all utility coordination and obtain all clearances as required.
V. SCOPE OF WORK
The overall project is comprised of four primary tasks to be carried out_ These tasks are:
❑ Finalize Design Concepts Prepared by City Staff
❑ Engineering Survey of Study Area Property Boundaries
524762.1 2
❑ Final Design (Plans, Specifications and Estimate)
❑ Construction Administration—(to be added to Consultant's contract at City's option)
The scope of work shall provide the City with the following:
• Site Plan and Survey Map showing the study area, delineating property boundaries and
establishing required easements for public walkway access and limits of trash enclosure
structures;
Prepare color illustrations and renderings to be presented to City staff, AAC and City
Council of the proposed trash enclosure, as shown conceptually on the attached plan;
• Engineering Design Drawings of the proposed trash enclosure, incorporating the
following preliminary design elements, as illustrated on the attached Concept Plans:
o raise the height of the enclosure walls from current height of 6.5 feet to 10 feet
using steel mesh material with finish to match parking garage structure and
providing a roof;
o remove a portion of the south wall and replace with 10-12' wide gates for truck
access to new compactors/containers,
o relocate existing hose bib located inside the south wall of the trash enclosure;
o install tankless hot water heater with hot water supply to relocated hose bib;
o install keypad or keycard gate locks to restrict pedestrian access to the trash
enclosure to authorized officials and users (2 locations);
o install electrical power to operate lighting and compactors and incorporate solar
power where feasible;
• Accommodate new disposal containers and compactors within the trash enclosure
including the addition of two self contained compactor/containers with odor control,
recycling bins for glass and plastic including adequate utilities. The City has already
selected the compactors and recycling containers to be housed in the trash enclosure.
The Consultant shall coordinate with the vendor to ensure that the trash enclosure is
designed with adequate space to accommodate these disposal facilities;
• Accommodate grease disposal container in a separate containment area including a
curbed enclosure with protective liner;
• Provide for storage of City equipment/supplies in a secured (locked) area within the
trash enclosure.
The Consultant will be responsible for performing project estimating to guide the preparation of
final plans that will enable the project to be constructed within the project budget In the event
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
524762.1 3
• Collect record information and inventory existing site (utility locations, services (if any),
core samples of existing trash enclosure concrete pad and parking lot asphalt, etc.);
record information will be made available as necessary, field review and inspection of
existing facilities will be required.
❑ Conduct engineering survey of project area to establish property boundaries and
required easements.
O Prepare (finalize existing) preliminary design concept plans:
• Emphasize aesthetics
• 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:
• Lighting and Electrical Power
• Grading
• Masonry block wall construction
• 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
Construction Administration Phase(to be added to Contract at City's option)
❑ Contract administration, construction inspection and construction management related to
the following:
• Bid Analysis—review bids received and determine appropriateness of costs
• Pre-Construction -- coordinate and attend pre-construction conference; prepare
meeting minutes, address Contractor questions and concerns
• Shop Drawings — review shop drawings submitted by the Contractor for
conformance with final plans
524762.1 4
i
• Project Meetings — coordinate meetings with City staff, Contractor and other
agencies as required on a regular basis to update the status of the project
• Construction Monitoring — provide regularly scheduled inspections to ensure the
project is being constructed in compliance with project specifications and to the
City's satisfaction
Final Inspection — recommend and schedule, with the City and applicable
agencies, a final inspection of the improvements
• Plant Establishment -- provide monitoring of the installed improvements during
the maintenance and plant establishment period
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
❑ Professional Survey of the project area delineating all legal property boundaries
❑ Base Map of the project area that will be provided to the Architectural designer under
separate contract to facilitate in the design of their aesthetic improvements to the project
area and delineating legal property boundaries and easement requirements
❑ Complete and professional trash enclosure concept drawings and renderings, as
required and necessary to obtain approvals of City staff, the °Project Team", the
Architectural Advisory Committee, Planning Commission, and City Council
I
❑ Plans, specifications, and estimates— preliminary plans shall be submitted to the City for
review and comment, on standard 247 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.
❑ Construction inspection and management; construction administration records, files, and
documentation obtained during the course of the construction phase of the project,
provided to the City in organized and indexed notebook folders.
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
524762.1 5
and subtasks, personnel commitments, man hours, direct and indirect costs, etc. The City of
Palm Springs will net 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.
The following criteria shall be observed:
❑ The submittal shall not exceed 30 pages, single sided (8'/" by 11") including an
organization chart, staff resumes and appendices, and cover letter.
❑ Four(4)original proposals are required. Facsimile (fax) proposals will not be accepted.
a 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
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.
❑ 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)
a 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
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
Division of Procurement and Contracting
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Craig Gladders, Procurement& Contracting Manager
❑ 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
Craie.Gladders_@pa Imsprinos-ca.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 officially
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 fallowing the
instructions in the "Notice Inviting Proposals" by contacting Cheryl Martin, Procurement
524762.1
Administrative Coordinator, via EMAIL at Cheryl.Martinnpalmsprinas-ca.gov 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.
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
be without legal or contractual effect.
O Each proposal must include two sealed envelopes.
Envelope#t, 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 date, 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 "B" hereto. Please note that
Exhibits A, B, C, D and E are intentionally not complete in the attached document. These
exhibits will be negotiated with the selected firm, and will appear in the final 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
524762.1 7
❑ 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.
d The evaluation committee may ask for formal oral presentations by the selected
consultants.
❑ 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 ManagerslStaff Qualifications: Qualifications of the staff assigned to
manage and provide services related to the project; experience with similar
projects; --(25%).
• Firm Qualifications/Consultant References: Past experience in projects
related to the outlined Scope of Work; experience with similar projects; -(15%).
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 $
ATTACHMENT"A"
RFP 902-08
PROFESSIONAL ENGINEERING DESIGN &SURVEY SERVICES
(DOWNTOWN TRASH ENCLOSURE ADJACENT TO 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
6. 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:
524762,1 9
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
C1IY OF PALIA SPRINGS, a California charter city and municipal corporation, (hereinafter
referred to as "City") and [INSERT FULL NAME OF CONSULTANT, F11tM, 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."
RE
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 terms of this Agreement.
j C. Consultant is qualified by virtue of its experience, training, education, reputation,
and expertise to provide these services and has agreed to provide such services as provided
herein.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations,
covenants, and conditions contained herein, and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant agrees to perform the professional services set forth in the Scope of
Services described in Exhibit "A," which is attached hereto and is incorporated herein by
reference (hereinafter referred to as the"Services"or"Work"). As a material inducement to the
City entering into this Agreement, Consultant represents and warrants that Consultant is a
5a]G2.1 10
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 Documents."
The City's Request for Proposals and the ConsuItant's Proposal, which are both attached hereto
as Exhibits "B" and "C," respectively, are hereby incorporated by reference and are made a part
of this Agreement. The Scope of Services shall include the Consultant's Proposal. All
Provisions of the Scope of Services, the City's Request for Proposals, and the Consultant's
Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the
Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in
the highest priority document, which shall be determined in the following order of
priority: (1")the provisions of the Scope of Services (Exhibit "A"); (2"d)the provisions of the
City's Request for Proposal (Exhibit "B"); (3'd) 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 laws, statutes, and
ordinances and all lawful orders,rules, and regulations promulgated thereunder.
1.4 Licenses Permits Fees and Assessments. Consultant represents and warrants
to City that it has obtained all licenses,permits, qualifications, and approvals of whatever nature
that are legally required to practice its profession and perform the Work and Services required by
this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost
and expense, keep in effect at all limes 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 Consultants performance of the Work and Services required
by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees,
assessments, taxes penalties, or interest levied,assessed, or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that
Consultant (a) has thoroughly investigated and considered the Scope of Services to be
performed, (b) has carefully considered how the Services should be performed, and (c) fully
understands the facilities, difficulties, and restrictions attending performance of the Services
under this Agreement. If the Services involve work upon any site, Consultant warrants that
Consultant has or will investigate the site and is or will be fully acquainted with the conditions
there existing, prior to commencement of any Services hereunder. Should the Consultant
524762.1 i r
discover any latent or unknown conditions that will materially affect the performance of the
Services -hereunder, Consultant shall immediately inform the City of such fact and shall not
proceed except at Consultant's risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the
Agreement to furnish continuous protection to the Work and the equipment, materials, papers,
docmmeuts, 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 Wstiruments,prepare all documents, and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance
of the Services, without invalidating this Agreement,to order extra work beyond that specified in
the Scope of Services or make changes by altering, adding to, or deducting from such Work. No
such extra work may be undertaken unless a written order is first given by the City to the
Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as
defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to
the written approval of the Consultant. Any increase in compensation of up to twenty-five
percent(25%) of the Maximum Contract Amount or$25,000, whichever is less, or in the time to
perform of up to thirty(30) days, may be approved by the City Manager, or his designee, as may
be needed to perform any extra work, Any greater increases, occurring either separately or
cumulatively,must be approved by the Palm Springs City Council. It is expressly understood by
Consultant that the provisions of this section shall not apply to the services specifically set forth
in the Scope of Services or reasonably contemplated therein, regardless of whether the time or
materials required to complete any work or service identified in the Scope of Services exceeds
any time or material amounts or estimates provided therein.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered pursuant to this
Agreement, Consultant shall be compensated by City in accordance with the Schedule of
Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by reference,
but not exceeding the maximum contract amount of[INSERT NOT TO EXCEED CONTRACT
AMOUNT] Dollars, ($^ (hereinafter referred to as the "Maximum Contract Amount"),
except as may be provided pursuant to Section 1.8 above. The method of compensation shall be
as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs,
telephone expenses, and transportation expenses must be approved in advance by the Contract
Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also
specified in the Schedule of Compensation. The Maximum Contract Amount shall include the
attendance of Consultant at all Project meetings reasonably deemed necessary by the City.
Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending
these meetings. Consultant hereby acknowledges that it accepts the risk that the services
524762,1 12
identified in the Scope of Services may be more costly and/or time-consuming than Consultant
anticipates, that Consultant shall not be entitled to additional compensation therefore, and that
the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of
Services. The maximum amount of city's payment obligation under this section is the amount
specified herein- If the City's maximum payment obligation is reached before the Consultant's
Services under this Agreement are completed, consultant shall nevertheless complete the 'Work
without liability on the City's part for further payment beyond the Maximum Contract Amount.
2.2. Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive
payment, no later than the tenth(10) working day of such month, Consultant shall submit to the
City, in a form approved by the City's Finance Director, an invoice for services rendered prior to
the date of the invoice. Such requests shall be based upon the amount and value of the services
performed by Consultant and accompanied by such reporting data including an itemized
breakdown of all costs incurred and tasks performed during the period covered by the invoice, as
may be required by the City. City shall use reasonable efforts to make payments to Consultant
within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably
practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services
is requested by the City, the Parties shall execute a written amendment to this Agreement, setting
forth with particularity all terms of such amendment, including,but not limited to, any additional
professional fees. An amendment may be entered into: (a) to provide for revisions or
modifications to documents or other work product or work when documents or other work.
product or work is required by the enactment or revision of law subsequent to the preparation of
any documents, other work product, or work; and/or (b) to provide for additional services not
included in this Agreement or not customarily furnished in accordance with generally accepted
practice in Consultant's profession.
2.4 A.ppropriations. 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 Schedide 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"8" 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
524162.1 13
Contract Officer, but such extensions shall not exceed one hundred eighty (180) days
cumulatively;however,the City shall not be obligated to grant such an extension.
3.3 ]Force Maieure. The time period(s) specified in the Schedule of Performance for
performance of the Services rendered 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. In no event shall Consultant be entitled to recover damages against the City for any
delay in the performance of this Agreement, however caused, Consultant's sole remedy being
extension of the Agreement pursuant to this section_
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this
Agreement shall commence upon the effective date of this Agreement and continue in full force
and effect until completion of the Services but not exceeding one (1) year from the date hereof,
except as otherwise provided in 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 Coutract Officer. The Contract Officer
shall have authority to sign all documents on behalf of the City required hereunder to carry out
the terms of this Agreement.
524762A 14
4.3 ]Prohibition Against Subcontracting or Assignments. The experience,
knowledge, capability, expertise, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall
not assign the performance of this Agreement, nor any part thereof, nor any monies due
hereunder, voluntarily or by operation of law, without the prior written consent of City.
Consultant shall not contract with any other entity to perform the Services required under this
Agreement without the prior written consent of City. If Consultant is permitted to subcontract
any part of this Agreement by City, Consultant shall be responsible to City for the acts and
omissions of its subcontractor(s) in the same manner as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the Work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant. In addition,
neither this Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of
creditors or otherwise, without the prior written consent of City_ Transfers restricted hereunder
shall include the transfer to any person or group of persons acting in concert of more than twenty
five percent (25%) of the present ownership and/or control of Consultant,taking all transfers into
account on a cumulative basis. In the event of any such unapproved transfer, including any
bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release
Consultant or any surety of Consultant from any liability hereunder without the express written
consent of City.
4.4 Independent Contractor,
jA. The legal relationship between the Parties is that of an independent
contractor, and nothing herein shall be deemed to make Consultant a City employee. During the
performance of this Agreement, Consultant and its officers, employees, and agents shall act in an
independent capacity and shall not act as City officers or employees. The personnel performing
the Services under this Agreement on behalf of Consultant shall at all times be under
Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Consultant or any of its officers, employees, or
agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall
not maintain an office or any other type of fixed business location at City's offices. City shall
have no voice in the selection, discharge, supervision, or control of Consultant's employees,
servants, representatives, or agents, or in fixing their number, compensation, or hours of service.
Consultant shall pay all wages, salaries, and other amounts due its employees in connection with
this Agreement and shall be responsible for all reports and obligations respecting them, including
but not limited to social security income tax withholding, unemployment compensation,
workers' compensation, and other similar matters_ City shall not in any way or for any purpose
be,deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member
of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation,
or liability against City, or bind City in any manner-
C. No City benefits shall be available to Consultant, its officers, employees,
5147621 lS
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.
S. 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 mirumum 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 fintn the professional
liability insurer an endorsement providing that the required limits of the policy shall apply
separately to claims arising from errors mud 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 die course of
performing Services under the terms of this Agreement. The coverage shall be evidenced by
524762.1 16
either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail"
coverage with the present or new carrier or other insurance arrangements providing for complete
coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence"
basis, the policy shall be continued in full force and effect during the term of this Agreement, or
until completion of the Services provided for in this Agreement, whichever is later. In the event
of termination of the policy during this period, new coverage shall immediately be obtained to
ensure coverage during the entire course of performing the Services under the terms of this
Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain,
in full force and effect throughout the term of this Agreement, workers' compensation insurance
in at least the minimum statutory amounts, and in compliance with all other statutory
requirements, as required by the State of California. Consultant agrees to waive and obtain
endorsements from its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City and to require each of its
subcontractors, if any, to do likewise under their workers' compensation insurance policies. If
Consultant has no employees, Consultant shall complete the City's Request for 'Waiver of
Workers' Compensation Insurance Requirement form.
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C. _Commercial General Liability Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit of at
least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general
aggregate for bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and completed
operations.
C1, Business Automobile Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount of
one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include
coverage for owned,non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of employer liability
insurance written on a per occurrence basis with a policy limit of at least one million dollars
($1,000,000-00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager prior to commencing any work
or services under this Agreement. Consultant guarantees payment of all deductibles and self-
insured retentions. City reserves the right to reject deductibles or self-insured retentions in
excess of$10,000, and the City Manager may require evidence of pending claims and claims
history as well as evidence of Consultant's ability to pay claims for all deductible amounts and
524762.1 17
I
self-insured retentions proposed in excess of$10,000.
5.3 Other insurance Requirements. The following provisions shall apply to the
insurance policies required of Consultant pursuant to this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary
insurance as respects City and its officers, council members, officials, employees,
agents, and volunteers. Any insurance or self-insurance maintained by the City
and its officers, council members, officials, employees, agents, and volunteers
shall be in excess of Consultant's insurance and shall not contribute with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers,
council members, officials, employees, agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to each insured, including
additional insureds, against whom a claim is made or suit is brought to the full
extent of the politics. Nothing contained in this Agreement or any other
agreement relating to the City or its operations shall limit the application of such
insurance coverage.
5.3.4 None of the insurance coverages required herein will be in compliance with these
requirements if they include any limiting endorsement wlikJiSuitstazttiaUyyaxaUairs
th �i ggs set f b—herein (e.g_, elimination of contractual liability or
reduction of discovery period),nnless the e iidmsement has first been submitted to
the C'tv ivlana eland a row tin
5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to
delete any exculpatory wording stating that failure of the insurer to mail written
notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the endorsements.
Certificates of insurance will not be accepted in lieu of required endorsements,
and submittal of certificates without required endorsements may delay
commencement of the Project. It is Consultant's obligation to ensure timely
compliance with all insurance submittal requirements as provided herein.
5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved
with the Project who are brought onto or involved in the Project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the Project will be submitted to the
City for review.
524762.1 t 8
5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on the City nor does it
waive any rights hereunder in this or any other regard.
5.3.8 Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. Endorsements as required in this
Agreement applicable to the renewing or new coverage shall be provided to City
no later than ten(10) days prior to expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained in this
section are not intended as limitations on coverage, limits, or other requirements
nor as a waiver of any coverage normally provided by any given policy_ Specific
reference to a given coverage feature is far purposes of clarification only as it
pertains to a given issue, and is not intended by any parry 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 any such claim or
claims if they are likely to involve City, or to reduce or dilute insurance available
for payment of potential claims.
5.3.12 Consultant agrees that the provisions of this section shall not be construed as
limiting in any way the extent to which the Consultant may be held responsible
for the payment of damages resulting from the Consultant's activities or the
activities of any person or person for which the Consultant is otherwise
responsible.
5.4 Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be provided by
insurers admitted in the State of California with an A.M, Best's Key Rating of B-H-, Class VII, or
better, unless such requirements are waived in writing by the City Manager or his designee due
to unique circumstances.
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5.5 Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
524762.1 19
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, citified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured— " ("as respects City of Palm Springs Contract No._" or 'for any and all
work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract Na" or 'for any
and all worlrperformed with the City"may be included in this statement)_
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain
r the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies. All certificates of insurance and endorsements are to be
received and approved by the City before work commences_ All certificates of insurance must
be authorized by a person with authority to bind coverage, whether that is the authorized
agent/broker or insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Consultant's obligation to provide them.
6. MENMFTCATION
To the fullest extent permitted by law, Consultant shall indemnify, defend (at
Consultant's sole cost and expense), protect and hold harmless City and its officers, council
members, officials, employees, agents and volunteers and all other public agencies whose
approval of the Project is required, (individually"Indemnified Party"; collectively "Indemnified
Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs,
demands, orders, and penalties (collectively "Claims"), including but not limited to Claims
arising from injuries or death of persons (Consultant's employees included) and damage to
property, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or
524762.1 20
willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from
Consultant's negligent, reckless, or wilIful performance of or failure to perform any term,
provision, covenant, or condition of this Agreement ("Indemnified Claims"), but Consultant's
liability for Indemnified Claims shall be reduced to the extent such Claims arise from the
negligence, recklessness, or willful misconduct of the City, its officers, council members,
officials, employees, or agents.
Consultant shall reimburse the Indemnified Parties for any reasonable expenditures,
including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each
Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified
Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party
all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified
Claims, whether or not Consultant is named as a party to the Claim proceeding. The
determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims"
shall be based on the allegations made in the Claim and the facts known or subsequently
discovered by the Parties. In the event a final judgment, arbitration award, order, settlement, or
other final resolution expressly determines that Claims did not arise out of, pertain to, nor relate
to the negligence,recklessness, or willful misconduct of Consultant to any extent, then City shall
reimburse Consultant for the reasonable costs of defending the indemnified Parties against such
Claims, except City shall not reimburse Consultant for attorneys' fees, expert fees, litigation
costs, and expenses that were incurred defending Consultant or any parties other than
Indemnified Parties against such Claims.
Consultant's indemnification obligation hereunder shall survive the expiration or earlier
termination of this Agreement until all actions against the Indemnified Parties for such matters
indemnified hereunder are fully and finally barred by the applicable statute of limitations or,if an
action is timely filed, until such action is final. This provision is intended for the benefit of third
party Indemnified Parties not otherwise a party to this Agreement.
7. REPORTS AND RECORDS
7.1 AccountingRcords. 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&ee access to such books
and records at all reasonable times, including the right to inspect, copy, audit, and make records
and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services required by this Agreement as the
Contract Officer shall require. Consultant hereby acknowledges that the City is greatly
concerned about the cost of the Work and Services to be performed pursuant to this Agreement_
For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances,
techniques, or events that may or will materially increase or decrease the cost of the Work or
Services contemplated herein or, if Consultant is providing design services, the cost of the
52a762,1 21
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 designned_
7.3 ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared by
Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall
be the property of City and shall be promptly delivered to City upon request of the Contract
Officer or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Any use of such completed documents for
other projects and/or use of incomplete documents without specific written authorization by the
Consultant will be at the City's sole risk and without liability to Consultant, and the City shall
indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of
such documents for its own use. Consultant shall have an unrestricted right to use the concepts
embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment
to City of any documents or materials prepared by them, and in the event Consultant £ails to
secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer. All information gained by Consultant in the performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior written
authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Consultant shall provide City, or other agents of City, such
access to Consultant's books, records, payroll documents, and facilities as City deems necessary
to examine, copy, audit, and inspect all accounting books, records, work data, documents, and
activities directly related to Consultant's performance under this Agreement. Consultant shall
maintain such books, records, data, and documents in accordance with generally accepted
accounting principles and shall clearly identify and make such items readily accessible to such
parties during the term of this Agreement and for a period of three (3) years from the date of
final payment by City hereunder-
S. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. '£leis 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.
524162.1 22
8.2 Interpretation. Phi'LA T—ei, _be canSSiaed�3ole�Ccozdizag ttc
fair d c _Qxteanhxtochieve the obiectives_1nt1 n mof the Paries._ The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts(including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of tlus Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and shall
not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Termination' City may terminate this Agreement for its convenience at any
time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice.
Upon such notice, City shall pay Consultant for Services performed through the date of
termination. Upon receipt of such notice, Consultant shall immediately cease all work under this
Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further
claims against the City under this Agreement. Upon termination of the Agreement pursuant to
this section,,Consultant shall submit to the City an invoice for work and services performed prior
to the date of termination. In addition, the Consultant reserves the right to terminate this
Agreement at any time, with or without cause, upon sixty (60) days written notice to the City,
except that where tennination is due to material default by the City, the period of notice may be
such shorter time as the Consultant may determine.
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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 teens 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 rernedy to which City may be entitled at law, in
equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs
incurred by City as a result of such default. Compliance with the provisions of this section shall
not constitute a waiver of any City right to take legal action in the event that the dispute is not
cured, provided that nothing herein shall limit City's right to terminate this Agreement without
cause pursuant to Section 8.3.
C. If termination is due to the failure of the Consultant to fulfill its
obligations under this Agreement, City may, after compliance with the provisions of Section
8.4.13,take over the work and prosecute the same to completion by contract or otherwise, and the
Consultant shall be liable to the extent that the total cost for completion of the Services required
hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable
efforts to mitigate such damages), and City may withhold any payments to the Consultant for the
purpose of set-off or partial payment of the amounts owed the City as previously stated. The
524762.1 23
withholding or failure to withhold payments to Consultant shall not limit Consultant's liability
for completion of the Services as provided herein_
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless
in writing and signed by a duly authorized representative of the Party against whom enforcement
of a waiver is sought_ Any waiver by the Parties of any default or breach of any covenant,
condition, or term contained in this Agreement, shall not be construed to be a waiver of any
subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and
complete compliance with any of the covenants, conditions, or terms contained in this
Agreement be construed as changing the terms of this Agreement in any manner or preventing
the Parties from enforcing the full provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are
cumulative and the exercise by either Party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies 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 arty default, to recover damages for
any default, to compel specific perfonnance 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 EMPLOYEE'S. NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any
default or breach by the City or for any amount which may become due to the Consultant or to
its successor,or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which effects his financial interest or the financial interest
of any corporation,partnership, or association in which he/she is, directly or indirectly, interested
in violation of any state statute or regulation. Consultant warrants that is has not paid or given
and will not pay or give any third party any money or other consideration in exchange for
524762.1 24
obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under
this Agreement, Consultant shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, age, marital status, ancestry, or national origin.
Consultant shall ensure that applicants are employed, and that employees are treated during their
employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or
national origin. Such actions shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training,including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement,
A. To the fullest extent permissible under law, and in lieu of any other
warranty by City or Consultant against patent or copyright infrngement, 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 nonnal use or sale thereof
arising out of the performance of this Agreement, infringes upon any presently existing U.S.
letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any
such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim
and given authority, information and assistance at Consultant's expense for the defense of same,
and provided such suit or claim arises out of, pertains to, or is related to the negligence,
recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City
if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration
of such deliverable created the infringement upon any presently existing U.S_ letters patent or
copyright; or (2) the use of a deliverable in combination with other material not provided by
Consultant when it is such use in combination which infringes upon an existing U.S. letters
patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit
and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City
under any settlement made without Consultant's consent or in the event City fails to cooperate in
the defense of any suit or claim, provided, however, that such defense shall be at Consultant's
expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at
no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an
equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail,
registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by
facsimile with attached evidence of completed transmission, and shall be deemed received upon
the earlier of (i) the date of delivery to the address of the person to receive such notice if
delivered personally or by messenger or overnight courier, (ii) five (5) business days after the
date of posting by the United States Post Office if by mail; or (iii) when sent if given by
524762,1 25
facsimile. Any notice, request, demand, direction, or other communication sent by facsimile
must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of
electronic transmission such as e-mails, text messages, instant messages are not acceptable
manners of notice required hereunder. Notices or other communications shall be addressed as
follows:
To Citv: City of Palm springs
Attention: City Manager&City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant:
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
understandings, if any, made by or among the Parties with respect to the subject matter hereof
No amendments or other modifications of this Agreement shall be binding unless executed in
writing by both Parties hereto, or their respective successors, assigns, or grantees,
10.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be determined to be invalid by a final judgment or decree of a
court of competent jurisdiction, such provision shall be ineffective only to the extent of such
prohibition or invalidity, without invalidating the reminder of that provision, or the remaining
provisions of this Agreement unless the invalid provision is so material that its invalidity
deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless-
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
10.6 Third Party Beneficiary. &q. t_as may be exnregGly�zzoYisl L£ttr rein
�QthrnerQutained in this�,�ree�ert._is_i�rnded to confer nor skr.
as confemng, any rig_h�,lnGludi�p_. without limit_atioru any riEhts as a third-pazty_heneTiciary oz
QthcnOse u oxt o_ __ aLa panes rretn..
AL—Recitals. tbs2ve-referenced Recitals. are,.,hereb�incomoratesl�ilt9�lte
Agreemen�Y4qu k 11v set forth_ e e' artd— 41>_pa;t r�aC_lc_T1Q_w1�d e5 a��l aptgs' Jh�ucb
Party is bound, £or MrQ¢ses_of this A¢re lre same._
sn�ez.i 26
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i)
the Party for which he or she is executing this Agreement is duly authorized and existing, (ii)he
or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which
he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing
is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other Agreement to which the Party for which he or she is
signing is bound.
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 chatter law city and municipal
corporation
DAVID Id. READY
City Manager
ATTEST:
(SEAL)
JAMES THOMPSON,
City Clerk
APPROVED AS TO FORM:
DOUGLAS C.HOLLAND,
City Attorney
"CONSULTANT"
[insert name of firm/company]
By:
124762.1 27
[insert name/title],President
By:
[insert name/tide], Secretary
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I�
524762,1Ig
Maur"A"
SCOPE OF SERVICES
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szm51 29
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EXHIBIT "E"
SCHEDULE UE PER ORMANCE
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524762.1 33
EXHIBIT"C"
CONSULTANT'S PROPOSAL
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sza 6a.i 31
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EXHIBIT "D"
SCUR ULE OF COMPENSATION
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524762,1 32
EXHIBIT"B"
CIT'Y'S REQUEST FOR PROPOSALS
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524762.1 30
Revised: 3/23/07
EXHIBIT "C"
CONSULTANT'S PROPOSAL
524762.1
us'r -
y„v '
CITY OF PALM SPRINGS
DIVISION OF PROCUREMENT & CONTRACTING
PROPOSAL
P-2OFESSIONAL .ENGINEERING DESIGN AND SURVEY SERVICES FOR:
RFP No. 02-08
1airD,,6W TOWN TRASH ENCLOSURE ADJACENT TO PARKING STRUCTURE
October 78, 2007
r; h,
, +C Design Group, Inc.
A'T0
1
4
1
1ngineered Solution
A'�.' Tepm',Erfor4
Pro;fictive Leadership
Effective Communications
Responsive Actions
I70'N1:Maple Street, Suite 101 1
ry, rCorona,CA 92880 d
mt Phan, 951-549-8100
t.HV Fax 951-549-8102
°Web,Site www.dmcdg.com
r�
DM[C Design Group.Inc.
Maple Centre
170 N. Maple St,Suite 101
Corona, CA 92880
DESIGN GROVEtz
(951)549-51C0 Fax(951) 549-8102
October 18,2007
Craig L. Gladders,Procurement and Contracting Manager
City of Palm Springs
Division of Procurement and Contraction
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Professional Engineering Design and Survey Services-Downtown Trash Enclosure
Adjacent to Parldng Structure
Dear Mr. Gladders:
DMC Design Group, Inc. has assembled a highly skilled and experienced team of professional
engineers, surveyors, tight-of way agents, managers, designers and technicians capable of providing
cost effective and accurate professional civil engineering support services necessary to complete the
surveying and design services necessary to prepare construction documents (plans, specifications and
estimates) for the proposed Downtown Trash Enclosure Adjacent to the Parking Structure in the City
of Palms Springs_ Our Team is specifically skilled and experienced in surveying, designing and
preparing construction documents necessary for a proposed trash enclosure improvements. More
importantly, however, is our Team's shared desire to provide high-quality engineering service to the
City of Palm Springs.
In the execution of our assignments,we embrace the Following principals:
❑ Assim a Proiect Manager and technical support staff that possess superior qualifications directly
relevant to the project;
❑ Maintain continuity of our Consultant Team throughout the life of a project;
❑ Develop strict project specific quality control measures and enforce those measures throughout the
life of the project;
❑ Communicate ef-ectively at all levels within our organization, with the City's Project Team and
with outside reviewing/pern� tiug agencies;
❑ Coordinate design disciplines,calculations and analysis;
❑ Conduct thorough site investigations to verify all field conditions;
❑ Implement a management approach that ensures the project is completed on schedule and within
budget.
By embracing these principals since its inception in 1999, DMC's designs have involved the
construction of over$30,000,000 in public improvements for agencies in southern California with less
than I%in contract change order costs.
r VANlICFnDMCtW-W-W TMSH ENLLOSUM E G� ROMSA MVM LeITen Doc
October13,2007
Page 2
David M. Cosper, P.E. is the Principal Engineer for DMC Design Group and has over twenty-five
(25) years of experience in designing and constructing municipal improvement projects for cities,
counties and special districts throughout southern California Over the last ten (10) years, he has
focused his experience and skills primarily on landscaped parkway/medians, decorative walls,project
entry relocations, site developments, roadway widening/rehabilitatiors and storm drain/flood control
improvement projects. Mr. Cosper has an extensive background working closely with agency boards
and staff, with an impressive record of successfully identifying and attaining all project objectives
quickly and cost effectively. Many of these projects required "fast-track" approvals by outside
agencies and involved constrained budgets. Mr. Cosper's skills and experience will be used to
provide the Project Management activities necessary to successfully meet the objectives of this
project.
Other key members of our Consultant Team to be assigned to this project include:
DMC Design Group, Inc. —Roadway, Drainage, Striping and TMP Design
• Joshua D- Cosper—Design Manager(8 years)
• Donna A. McConaughy—Administration(10 years)
Joseph S. Bonadiman and Associates, Inc. —Survey and Right-of-Way Services
Edward J.Sonadiman, P-L.S.—Survey Manager(14 years)
We look forward to working with the City of Palm Springs on this project and would very much like
tod'sc�ss our qualifications and project approach in more detail. Should you have any questions or
concerns regar g-DMC—,Design Group's qualifications, do not hesitate to contact us-
Sine el
D C esl ,a i C.
David M- Cosper,P.E.
Principal Engineer
V
DESIGN okalf i_
ATTACHMENT"A"
RFP #02-08
PROFESSIONAL ENGINEERING DESIGN &SURVEY SERVICES
(DOWNTOWN TRASH ENCLOSURE ADJACENT TO PARKING STRUCTURE)
SIGNATURE AUTHORIZATION
PROPOSER:
A. I hereby certify haY 1-have the authority to offer this proposal to the City of Palm Springs
for the above �isted individual oreot�pan .—I--certify that I have the authority to bind
eo myself/this company in a ntragt ou_ 1-:b successfu in my proposal.
SIGNATURE V
B. The following information relates to the legal contractor listed above, whether an
individual or a company. Place check marks as appropriate:
t. 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: 33DS79�7�
52a762.] 9
TABLE OF CONTENTS
Section 1—Statement of Qualifications and Experience
Introduction
City of Palm Springs Project Team
Division of Procurement and Contracting Organizational Chart
Fcperience/References
Proposal: Section Z—Scope of Services
Professional Engineeiiq,- Design and Survey Project Understanding
Services: Management Plan
Duality Control
RPP No. 02-08 Work Plan
Downtown Trash Enclosure Deliverables
Adjacent to Parkin,g Structure Schedule
Section 3--Additional Data
Project Team Resumes
DMC Design Group,Inc.
❑ David M Casper, P.E. --Project Manager
❑ Joshua D. Casper, P.E. —Project Engineer
❑ Donna A. McConaughy— Utility Coordinator
Joseph E: Ronadiman&Associates—Surveys and Right-of-Way
❑ Edward J. Bonadiman. P.L.S. —Survey Manager
DESIGN GK9H.L
STATEMENT OF QU 1LIFIC9TIONS
INTRODUCTION
Incorporated since 1999, DMC Design Group has developed a reputation for preparing quality
work on time and within budget for a wide variety of municipal improvements for public agencies
throughout southern California, including decorative walls, public rest rooms, entry features and
gates. Many of these successfully completed projects were completed under challenging and
adverse conditions, requiring a complete understanding of local agency design standards, criteria
and approval processes. Our expert knowledge of local agency policies and guidelines has proven
invaluable in producing project requirements on time and within budget.
DMC Design Group has an extensive list of satisfied clients we have provided these services to,
including, most recently,the cities of Palm Springs, Moreno Valley, Lake Forest and Calimesa, the
Niguel Shores Community Association, the Fire Access Maintenance District No. 1 of Indian
Wells, the Los Angeles Unified School District, the Desert Sands Unified School District and the
Counties of Riverside, Los Angeles and San Bernardino. headquartered in Corona, California,
DMC Design Group is conveniently located within forty-five (45) minutes of Palm Springs,
California. From our office location, we can effectively provide our design services to the City of
Palm Springs, as we have in the past for the City of Palm Springs and many other public agencies
and special districts throughout southern California.
Mission Statement
As professional civil engineers, surveyors, designers, technicians and managers at DMC Design
Group, our mission is simple — we want to provide a cost-effective solution that fully meets our
Client's project objectives on time, within budget and within allowable and safe design
parameters.
Simply put, our mission is to provide "a total engineered solution."
DMC Design Group is especially proud of its significant achievements and strives to maintain this
level of quality engineering service on all of our projects, regardless of size or client. DMC
Design Group's source of pride is based upon the following:
• DMC has extensive experience providing direct support to the staff of our clients in the
development of project concept themes and designs of complex municipal improvement
projects involving constrained schedules, multi-disciplined teams, reviewing boards,
commissions, site developers and the general public;
• A core project team of highly skilled and experienced professionals qualified to address all
aspects of engineered surveys, wall designs and landscape improvements, including
topographic survey, aerial and right-of-way mapping, preparation of comprehensive structural
studies, alternative landscape concepts, utility coordination and the designs and preparation of
construction documents for wall, landscape, irrigation, lighting and entry improvements;
• A track record of providing quality engineering services and products through a comprehensive
and thorough value engineered approach as can be demonstrated by our list of satisfied clients_
DMC Design Group's comprehensive project management systems are flexible and can readily be
tailored to suit the requirements of this project and the needs of the City. On many assignments,
"fast tracking" has been used to achieve an early start on construction—with resultant savings—
while maintaining a high standard of quality and integrity of design.
I
DESIGN GRDQ
STATEIuIEM'OF QUALIFICATIONS
Most imporrant, however, is the fact that many of DMC's key personnel, including the assigned
Project Manager/.Project Engineer, have worked directly for public agencies in the past and fully
understand the need to become an extension of the City's staff. From its previous experience on
municipal improvement projects, DMC has learned the importance of integrating all aspects of its
project management and design support team with those of City staff and will strive to develop a
seamless team approach in meeting and exceeding project specie objectives and goals.
Reliability
DMC Design Croup was founded on the commitment of giving individualized attention to our
clients. Our commitment is based upon the belief that a total engineered solution is the result of a
team effort between the client and the consultant, developed through proactive leadership,
effective communication and responsive actions. This core belief creates a very customer oriented
approach to our projects and places our clients as our most treasured resource.
Our goal is to satisfy our client's needs with cost-effective total engineered solutions that fully
meet all mission objectives within allowable and safe design parameters. In order to provide this
level of client satisfaction, we become fully knowledgeable of our client's requirements and needs,
while at the same time, DMC makes a strong commitment to produce error-free work, utilize a
continuous improvement process, concentrate on prevention, rather than correction, and recognize
the importance quality control has on the success of a project.
DMC Design Group prides itself on being able to look forward on a project while pulling from its
past experience to foresee possible concems. With complete and thorough attention given to all
tasks and assignments, we are confident that we can develop the total engineered solutions for this
project.
Principles
In the execution of our assignments, we embrace the following principles:
❑ Assign a Project Manager and technical support staff that possess superior
qualifications directly relevant to the project, including experience working directly for
public agencies;
❑ Integrate our Consultant Team with the client's Project Team to develop an effective
extension of client stab'in meeting and exceeding project goals and objective, on time
and within budget;
❑ Maintain continuity of our Consultant Team throughout the life of a the project;
❑ Develop strict project specific quality control measures and enforce those measures
tbroughout the life of the project;
❑ Communicate effectively at all levels within our organization, with the client's Project
Team, Commissions and Boards, as well as outside reviewing agencies and developers;
❑ Coordinate design disciplines, calculations and analysis, drawings, specifications and
cost estimates;
❑ Conduct thorough site investigations and verify all field conditions;
❑ Ensure the project is completed on schedule and within budget.
2 Dim
DESIGN GI Mg-E
STATEMENT OF Q UAL I F/CATIONS
Capabilities
DMC is capable of providing most professional services in-house due to the multi-disciplinary
resources of our staff. We offer design services in:
A Topographic/Boundary Surveys A Retaining/Non-retaining Wall Designs
A Landscape Improvements A Landscape Sighting Improvements
A Right-of-Way Mapping A Entry Improvements
All of our engineers, surveyors, designers and CADD operators are fully functional in the uses of
the following software packages:
• AutoCAD 2007 0 MicroStaiion 8 CivilDesin
• WaicrCad 9 In-Roads Suite HECi/r and HEC-RAS
• StornCad 6 ACS 2002 Civil 3D Pro 2007
• SewerCad WordPerfect Suite 10 WSPG
• Microsoft Office 2003 Descartes Mapping Photo Adobe
• ACT! 2005 0 Retain Pro AES HYDRO Pro
PROJECT TEAM .. ._. .,. — -
DMC Design Group, Inc. has assembled a team of ;,ICcy:,Co, sultan%'Tbnn l einbcra; V";r
.. .
individuals and subconsultants with the specialized wile�im?'ana emep Ues s,
skills and experience necessary to address the
"a Dlvid!1v Cosp,cr,.P.L.=Tfro'j¢ct'1v1`
professional surveying and engineering design D,gnria P2i'YvlcConau'gli,t
needs required for the downtown trash enclosure '';sutic'odsui°y<nu ° `"n'rv"
improvements at the Parking Structure in the City
.a•, ,
of Palm Springs, Ca.
Brief biographical sketches follow for the senior staff members to be assigned to this project_
David M. Cosper, P.E.—Project Manaber
Mr. Cosper will act as the Project Manager/Engineer for this project. The unique combination of
Mr. Cosper's extensive civil engineering design background, his ability to communicate
effectively and clearly with clients and agencies, and his hands-on approach to project
development has proven to be very effective in successfully completing projects on time and
within budget_ In this role, he will be responsible for:
❑ Acting as the City Community Redevelopment Agency's main point of contact throughout the
duration of the project design, working closely with the City's Community Redevelopment
Agency, Public Works Department and Building and Safety Department, while directing the
day to day activities and progress of the Consultant Team;
❑ Coordinating review and approvals of concepts and construction documents through oversight
agencies;
❑ Attending all meetings required to coordinate the design activities between City Community
Redevelopment staff, utility companies, adjacent developers and oversight agencies, and, when
necessary, make presentations to various commissions, boards and the general public;
❑ Providing day-to-day direction in the preparation of an engineered survey of the lot and the
design of proposed wall, landscape and entry improvements, including interpretation of plans
and specifications, and coordination with affected utilities, developers, agencies, bidders and
contractors throughout the duration of the project;
3
DESIGN GRDSE=--
S7ATENIEVT OF QUALIFICA7707YS
Ultimately,Mr. Cosper is responsible for client satisfaction and coordination of the activities of all
members of the Consultant Team, while insuring project quality, schedule and budget compliance.
Mr. Cosper has over twenty-five (25) years of civil engineering experience, twelve (12) years as a
Public Works Director/City Engineer for a number of California cities in southern and northern
California. He has been the responsible Project Manager/Engineer for a wide variety of public
improvement projects for cities, counties, school districts and special districts throughout the
Counties of Riverside, Los Angeles, San Bernardino, Orange and Imperial, including the following
improvement projects similar to that proposed in RFP 13-07:
❑ Mesquite Avenue Widening Project, City of Palm Springs, Ca.;
❑ Moreno Valley Substation Improvement Project, Moreno Valley, Ca.;
❑ heroes Park Improvement Project, Lake Forest, Ca;
❑ Bristol Street Slope Stabilization Project, Irvine, Ca.;
❑ Rockfield Avenue Wall Improvement Project, Lake Forest, Ca.;
❑ Floe Packer Park, Lake Forest, Ca.;
❑ Club Drive/Manitou Drive Entry Improvements to FAMD No. 1, Indian Wells, Ca.;
❑ Vista Chino Road Widening Project, City of Palm Springs_
Joshua D. Cosper,P.E.—Project Engineer
Mr. Cosper is on the Board of Directors for DMC Design Group, Inc. and is a Vice President in
charge of design production responsibilities_ Mr. Cosper has over eight (8) years of progressively
responsible experience as a Design Manager, CADD Manager, Project head Designer, CADD
operator, field technician and construction inspector for a variety of public works improvement
projects involving wall, roadway, traffic signal and storm drain improvements, including
development and evaluation of alternative wall designs, roadway al ag unents, right-of-way
mapping/documentation, and the preparation of complete and accurate construction documents
(PS&E's) for a vast number of projects for cities, counties, school districts and special districts,
including the cities of Palm Springs, Moreno Valley, Norco, Pomona, Lake Forest, Calimesa,
Brawley, Santa Clarita, Orange and Barstow, the counties of Los Angeles and Orange, the Los
Angeles Unified School District and the Fire Access Maintenance District No. 1 of Indian Wells.
Donna A. McConaughy—Utility Manager
Ms. McConaughy is the owner of DMC Design Group, Inc. and is responsible for the day to day
activities of the firm. With over ten (10) years of experience as a utility coordinator and technical
specification writer for private development and public improvement projects, Ms. McConaughy
will be the Utility Coordinator for this project. As the Utility Coordinator, Ms_ McConaughy will
identify all utilities affected by the project improvements and, utilizing her extensive database of
utility contacts, make initial contact with and obtain plans from each of the affected utilities. She
will ensure all utility data for this project is accurately plotted on project plans and will coordinate
the utility pothole effort to confirm potential conflicts, including the gathering and preparation of
necessary data to be passed onto the proper agencies involved and affected utilities.
4
OESICN GRDtl
STATE?, NI'OFOUALIFICrITIDNS
SUBCONSULTAN2S
Joseph E. Bonadiman &Associates—Survey and Mapping
Since its founding in 1941, Joseph E. Bonadiman and Associates, Inc. (JBA) has successfully
completed a wide variety of engineering, surveying, planning, and construction-management
projects_ Because of its broad experience in a variety of disciplines, JBA is able to complete
comprehensive topographic and boundary surveys services for public improvement projects
quickly and accurately. JBA has provided survey services directly to DMC for public agencies,
including the cities of Palm Springs, Moreno Valley,Barstow,Norco and Orange,
,Edward J Bonadiman, P.L.S. —Survey Manager
Mr. Bonadiman will be the Survey Manager and will be responsible for providing all survey and
right-of-way documentation needs for this project Mr_ Bonadiman is a registered land Surveyor
in Califonria and has over fourteen (14) years of surveying experience for public works projects.
Mr. Bonadiman has extensive experience gathering and mapping field data for roadway
improvement projects, utilizing the latest survey technology and software available. His highly
trained field personnel have extensive experience working on public improvement projects with
DMC Design Group, luc_
5
DESIGN GR6HL
A4TEWEATOFQt AUrIC,4MAYS
Project No. 02-08
Downtown Trash Enclosure Adjacent to the Parking Structure
-7-City of&a.lm6 8S ringg -
CorumuniEy Rct3eveloglne`t-i Ageneyr .:
Utility/Adminislration Survey Support
Donn;fA McConx]Ighy DavidlVL��ospeP,P.�._ - =E�avard]3onatii[nan,PeliS�,=,;
UlilityNifla g r' :- PCof Oct Ma-lager'- = SurVay'------ geg:<_`
DMC Design Grorrp, b2c. DIYIC I}65'IgJY•�i7'07.ijJ, Inc. _ .{'Bsngrlirtrrttr
Joanna Cosper
Techirrcrau,-
Jushpa ll;Cosper,E,C.
Project Gugareer•
D,4fC Il2sig+f Grorrp,Irm.
JeRCuspcY" Cm my rlia rfilar 1 o.7 Tce Cer 1363idnn Ross Tilkc KlYk� ';
CADD Desigecr ' CRDD Dr'sigxer G1➢D Opimlor- CADD Olieralor
Organizational Chart
DMC Design Group , Inc .
f]E51GNG��
S1'ATGMEVi TOFOUAUTICATIONS
EXPERIENCE/REFERENCES
DMC Design Group, Inc. has built a successful reputation of completing projects on time and within
budget. To verify this reputation, we encourage contacting the following clients from our growing list of
satisfied clients:
• Mesquite Avenue Widening/Storm Drain Improvement ,Project, Palm Springs, CA. —
Responsible for the preparation of right-of-way maps and utility relocations,pavement evaluations,
ultimate storm drain alignment and capacity studies, roadway widening/rehabilitation designs and
preparation of PS&E's required for construction of roadway widening/resurfacing and landscape
medianlparkway improvements to a 0.75-mile portion of Mesquite Avenue and 1.25 miles of 72-inch
storm drain improvements. This project was awarded AWPA Project of the Year for 2006.
Project Team: Client:
David M.Cosper, P.E.—Project Manager/Engineer City of Palm Springs Public Works Dept.
Joshua D. Cosper, E.I.T.—Design Manager Marcus Fuller, Asst. City Engineer
Donna A. McConaughy,—Utilities 3200 E. Tahquitz Canyon
Thomas Doczi, P.L.A.—Landscape Architect Palm Springs, CA 92262
John Gery, P.E.—Geotechnical Investigations 760-323-8253 EXT.8744
• Vista Chino Road/Sunrise Avenue Intersection Widening Improvement Project, Palm
Springs, CA. —Responsible for the design and preparation of PS&8's and acquisition of necessary
Caltrans encroachment permits, including the preparation of two (?) design exception documents
required for roadway widening improvements to a 750 foot portion of Vista Chino Road(State Route
111) and a 500 foot segment of Sunrise Way, and rraffc signal modifications necessary to
accommodate widening and storm drain impruvements to the east bound lanes of S.R 111. Also
responsible for preparation of a lot line adjustment and prelpost development A.L.TA. Map of
development adjacent to this segment of Vista Chino Road and Sunrise Avenue.
Project Team: Client:
David M.Cosper, P.E.—Project Manager/Engineer City of Palm Springs Public Works Dept.
Joshua D. Cosper, E.I.T.--Design Manager Marcus Fuller, Asst. City Engineer
Donna A. McConaughy,—Administrative Mgr. 3200 E.Tahquitz Canyon
Edward Bonadiman, P.L.S.—Survey Manager Palm Springs, CA 92262
John Gery, P.E.—Geotechnical Investigations 760-323-8253 EXT.8744
• Moreno Valley Electrical Substation and Switch Yard, Moreno Valley, CA. — Responsible for
the preparation of a drainage report, a project concept report, and design and preparation of final
plans, specifications and estimates required for the 81,000-sf sub-station and switchyard Project
required the design of over six (6) acres of grading, street improvements, wood-crete perimeter ivall
with pier foundations,four (4) retention basins of over 65,000-Cf in total size, a 200 foot long bio-
retention basin far water quality management purposes, and erosion controllSWPPP measures.
Project Team: Client:
David M. Cosper, P.E.—Project Manager/Engineer City of Moreno Valley,
Joshua D_Cosper,E.I.T.—Design Manager Enterprise Services Administration
Dolma A_ McConaughy,—Utilities Public Works Department
Edward Bonadiman, P.L.S.—Survey Manager George Hanson, P.E.—Utilities Manager
John Gery, P.E.—Geotechnical Investigations 14177 Fredericks Street
Moreno Valley, Ca_ 92553
(951)413-3502
7
DESIGN Ci OM=1-
STATFMFI fA'OF_O UAL 1F1CA770NS
• Heroes Park Improvement Project, Lake Forest, C.A.. — Responsible for the design and
preparation of construction documents, concept development, construction management and
inspections services required for the construction of a 2,000 foot access road, a one hundred(100)
stall parking lot expansion, landscape improvements, parking lot/trail lighting improvements and
Orange Coumy PF&RD access/trail improvements within an Orange County Flood Control
retarding basin. An extensive system of access ramps, stairs and retaining walls were required to
accommodate the expanded parking lot facilities. 777e project required presentation of concept
alternatives to the Parks and Recreation Commission for the City of Lake Forest and the Orange
County Trails and Harbor Commission for the Orange Count PF&RD.
Project Team: Client:
David M. Cosper, P.E.--Project Manager/Engineer City of Lake Forest
Joshua D.Cosper, E.LT—CADD Designer Public Works Department
Donna A. McConaughy—Utilities Robert Woodings, P.E--City Engineer
Edward J. Bonadiman, P.L.S.—Survey Manager 25550 Commercentre Drive, Suite 100
Lake Forest, Ca. 92630
949-461-3480
• Bristol Street Slope Stabilization Project, Orange County, CA.—Responsible for the preparation of
a materials report, project concept report, structural calculations for jive (5) alternative slope
stabilization designs, (PCC cast-in place, PCC pre-casr using reinforced soil, modular retaining block,
landscaped slope and deepened fence foundation), design and preparation of construction documents
for slope stability improvements ro a 1,000 foot long by 25 foot high section of the John Wayne Airport
along Bristol Street, in Orange County. Project required close coordination with a number of
homeowner associations south of the Airport, the Orange County Public Facilities and Resources
Department(PF&RD), the.fohn Wayne Airport staff, Caltrans and FAA.
Project Team: Client:
David M. Casper, P.E.—Project Manager/Engineer John Wayne Airport
Joshua D.Cosper, E.I.T.—CADD Designer David McMiller, P.E.—Project Manager
Donna A. McConaughy—Utilities 3160 Airway Avenue
Costa Mesa, CA 92626
949-252-6046
• Rockfeld Avenue Wall Improvement Project, Lake Forest, CA. —Responsible for the design and
preparation of construction documents, including the preparation of structural calculations, required
to remove approximately 100 feet of an existing property line wall at the intersection of Roclfzeld
Avenue and Cavanaugh Drive that did not meet current local code requirements, replace it with an
approved structural wall meeting current code requirements and install landscape/irrigation
improvements in front of the wall. A portion of the wall was designed to retain approximately 4 feet of
soil. Also provided construction management and inspection services for the City in completing the
project.
Project Team: Client:
David M. Cosper, P.E.—Project Manager/Engineer City of Lake Forest
Joshua D. Cosper,E.I.T.—CADD Designer Public Works Department
Donna A. McConaughy—Utilities Robert Woodings,P.E.-City Engineer
25550 Commercentre Drive, Suite 100
Lake Forest,Ca. 92630
949-461-3480
8
DESIGN GRi2HE=--
STATENIENT OF QUALIFICATIONS
• Floe Packer Park Improvement Project,Lake Forest, CA.—Responsible far developing alternative
concepts, design and preparation of plans, specifications and estimates required for the one (I)-acre
parkway between Packer Drive and Floe Drive in the City of Lake Forest Project eliminated a dead-
end portion of Packer Drive and replaced it with this fully landscaped parkway with a pedestrian
access way to Flow Drive. Project also addressed existing flood control issues between the two (2)
streets. DMC also provided construction oversight and management service far this project in the City
of Lake Forest.
Project Team: Client:
David M.Cosper,P.E.—Project Manager/Engineer City of Lake Forest
Joshua D.Cosper, E.I.T.—Design Manager Public Works Department
Donna A. McConaughy,—Utilities Robert Woodings, P.E.-City Engineer
Edward Bonadiman, P.L.S.--Survey Manager 25550 Commercentre Drive, Suite 100
Thomas Doczi, P.L.A.—Landscape Architect Lake Forest,Ca. 92630
949-461-3480
• Pepper Street Rehabilitation/Widening Project, Moreno Valley, CA. — Responsible for the
preparation of a materials report, hydraulic/drainage report, project concept report, design and
preparation of final plans, specifications and estimates required for widening and rehabilitation
improvements of a 600 foot portion of Pepper Street, from: Alessandro Boulevard to Sherman
Avenue, in the City of Moreno Malley. Project also required the preparation of right-of--way
documents, and completion of a hydraulic/drainage study to determine local drainage impacts of
proposed improvements. Because of the impacts to the abutting residents, DMC was required to
meet with and discuss the potential impacts of the project to the residents.
Project Team: Client:
David M. Cosper, P.E.—Project Manager/Engineer City of Moreno Valley Public Works Dept.
Edward J. Bonadiman, P.L.S.—Survey Manager Chris Wiberg, Senior Engineer
Joshua D. Cosper, E.I.T.—CADD Designer 14177 Frederick Street
Donna A. McConaughy—Utilities Moreno Valley, CA 92552-0805
951-413-3135
• Club Drive Entry Gate/Manitou Drive Entry Gate Modification Project, Indian Wells, CA.—
Responsible for landscape and lighting concept plans, design, preparation of construction
documents, bid administration, construction management and inspections services required for
enhancement improvements for the Tire Access Maintenance District envy gates at Club Drive and
Manitou Drive. Improvement including landscaping replacements, lighting improvements,
structural wall extensions and fountain modifications.
Project Team: Client:
David M.Cosper,P.E.—Project Manager/Engineer Fire Access Maintenance District No. 1
Joshua D. Cosper, E.I.T.—CADD Design Board of Directors
Donna A. McConaughy—Utilities Harold Joseph, Chairman
77-203 Iroquois Drive
Indian Wells, CA 92210
760-772-1877
DESIGN GROU
SCOPE OF SERVICES
PROJECT UNDERSTANDING
Our Project Team has thoroughly reviewed the City of Palm Springs' Request for,Proposals (RFP) 902-
08—Professional Engineering Design and Survey Services (Downtown Trash Enclosure Adjacent to
Parking Structure). Members of our Project "team conducted numerous site visits of the project site
between October 11, 2007 and October 17, 2007 and reviewed available record information, including
Assessor Parcel Maps and aerial photos of the site. Specific questions regarding the project scope and
parameters were discussed with Mr_ Craig Gladders, Procurement and Contracting Manager for the City
of Palm Springs.
An existing trash enclosure is located southwest of the Fisherman's Market Restaurant, near the rear of a
multi-level parking structure at Indian Canyon Drive and Baristo Road in the City of Palm Springs, CA.
The trash enclosure serves several restaurants in the immediate area, including the Pomme Frite, the
Chop House, the Thai House and the Village Pub. The City has identified the following three (3)
specific concerns associated with the trash enclosure:
1. The trash is not adequately sized or located to handle the amount of use it gets. Often, the trash
enclosure is riddled with loose trash and cardboard boxes that have not been properly broken down.
Garbage odors have been an ongoing issue in the immediate area surrounding the trash enclosure.
2. The grease disposal system located within the trash enclosure is used by several restaurants. The
grease disposal container is not contained within an adequate spill control facility. On occasions,
this deficiency has allowed grease to drain directly into the storm drain system.
3. The appearance of the area immediately surrounding the trash enclosure's lacks the quality that the
surrounding neighborhood of restaurants requires.
City staff has prepared conceptual plans of the trash enclosure redesign. The conceptual plans show the
required facilities, access gates and required utilities/services within the trash enclosure. The design will
specifically include, but not be limited to:
❑ The height of the enclosure walls shall be increased from 6.5 feet to 10.0 feet using steel mesh
material with finish to match the adjacent parking structure's exterior finish and shall have a roof;
❑ A portion of the south wall shall be removed acid replaced with 10-12' wide gates for truck access to
new compactors/containers;
❑ Relocation of an existing hose bib ;
❑ A tank-less hot water heater with hot water supply to the relocated hose bib;
❑ Installation of a keypad/keycard gate locks to restrict pedestrian access to the trash enclosures to
authorized officials and users(2 locations);
❑ Installation of electrical power to operate lighting and compactors, and incorporate solar power
where feasible;
o New disposal containers and compactors within the trash enclosure with odor control, recycling bins
for glass and plastic with adequate utilities. (t is understood the City has already selected the
compactors and recycling containers to be housed in the trash enclosure_ The Consultant shall
coordinate with the vendor to ensure the trash enclosure is designed with adequate space to
accommodate these disposal facilities.);
❑ A grease disposal container in separate containment area with a curbed enclosure and protective
liner.
10
DESIGN GRWfF
SCOPEOFSERVIC&S
Storage for City equipment/supplies in a secured(locked) area within the trash enclosure.
The City requires the services of a Professional Engineering Consultant to conduct a detailed survey of
the study area to properly delineate the property boundaries with the study area and cant'out the detailed
design of the trash enclosure. Specifically, the Scope of Work to be completed by the Professional
Engineering Consultant shall include at least the following four(4) Primary Tasks:
2. Finalize Design Concepts Prepared by City Staff;
3. Topographic/Boundary Survey of the Study Areas;
4. Final Design (Plans, Specifications and Estimates);
5. Construction Administration.
MANAGEMENTPLAN
DMC's project approach is based upon a proactive Project Management Plan that originates with our
Proposal and is finalized and initiated with the Notice to Proceed. In summary, our Management Plan
will communicate to each member of the Consultant Team the organization and communication
procedures, task descriptions and assignments, schedule requirements, cost and resource budgets, project
data and design guidelines.
One of the key steps in preparing a useful Management Plan is the development of a detailed Project
Work Plan. To develop this plan, a series of interface meetings will take place among the members of
the Consultant Team to clearly identify the multiple activities required to complete this project. These
activities will include not only specific project tasks, but also agency reviews and approvals, quality
control processes and milestones for deliverables. Assignment of responsibilities for each activity will
also be designated, as generally shown on the proposed Organizational Chart for this project.
Modifications to the Organizational Chart will be made, as needed, to strengthen the Consultant Team's
ability to immediate project needs and as identification of specific requirements are identified. In
developing this detailed Project Work Plan, many of the potential project constraints are identified, ways
to expedite this project are developed, and the avenues of communication among team members are
increased at this initial stage of the project.
The ability to clearly communicate information, such as scope, cost, schedules, and technical matters, is a
vital element of any project. A coordinated effort among the various team members is required to
achieve an integrated program that, in turn, is necessary to deliver quality services within strict budgetary
and time constraints. Coordination requires effective and frequent communication among Consultant
Team members.
Key to the entire Management Plan and subsequent success of this project is the role of the Project
Manager. The Project Manager is responsible for oversight and coordination of all project activities,
meshing the technical requirements through a proactive, hands-on management approach. The Project
Manager is the sole contact person between DMC and the City, interfacing with all City departments as
well as with outside utility agencies. The Project Manager will be responsible for project documentation,
including scheduling, preparation of agendas and meeting notes, and assignment of action items for
meetings between City staff', sub-consultants and other agencies.
QUALITY CONTROL
Once the final work plan is completed and final Consultant Team assignments communicated to each
Consultant Team Member, DMC will develop a defined Quality Control (QC) Plan specific to this
project. The QC Plan will guide the Consultant Team in the management and implementation of quality
throughout the life of this project, not to merely"check it"at the end of this project. The preparation and
implementation of the QC Plan will be integrated into the work plan and a specific task and will be
applied continuously and at strategic points in the work process by Consultant Team Members. The QC
Plan will include procedures for both administrative and technical controls, such as project files, routing
11 91
IMSSIGN GNffi
SCOPEOFSERVICGS
of correspondence, checking/back-checking procedures, design notebooks, check lists, etc. To ensure the
process is developed and implemented by the Consultant Team, DMC will prepare a written copy of the
QC Plan to the City during the initial implementation stages of the work plan.
WORK PLAN
The Scope of Services proposed for this project will consist of three (3) phases; Preliminary Design
Concept, Final Design and Construction Administration (City's Option). Based upon our current
understanding of the project requirements and needs, our Consultant Team proposes the following Work
Plan for this project:
PHASE 1—PRELIMINARY DESIGN CONCEPT
Task 1.0.1--Project Management
Task 1.01.01 - P_roiect Orientation Meeting— Prior to the start of the project, DMC will meet with Ivey
personnel from the City of Palm Springs Community Redevelopment Department, Public Works
Department and Building and Safety Department ("Project Team") to discuss in detail the expectations
for this project and procedures to be used by DMC in completing the assignments of this project.
Task 1.01.02-Project Meetings—The Project Manager will facilitate a number of necessary meetings to:
• Resolve conflicting design issues;
• Obtain record information and coordinate conflicting utilities with respective utility companies;
• Coordinate with City staff, disposal equipment vendors, Palm Springs Disposal Services and local
restaurants owners as required to determine project parameters and constraints, structure installation,
operation and maintenance issues;
• Present concept plans to City Staff/"Project Team"/City Council;
• Provide monthly progress updates to key personnel;
• Obtain necessary approvals and reviews by City staff members, Architectural Advisory Committee,
Planning Commission and City Council.
Based upon our current understanding of this project, the Consultant Team anticipates at least the
following meeting schedule for this project:
Meeting Description Nn.Or Mcoings
Kick-Off Meeting I
Project Team Design Meetings 6
Present Concept Plans 3
Total 10
Additional meetings, should they be warranted, will be conducted and the costs associated with those
meetings beyond the number outlined above charged as an extra cost.
For each meeting, agendas will be prepared by the Project Manager and will be provided at the meeting.
Action items will be identified and properly assigned to Consultant Team personnel, staff or other agency
personnel deemed most appropriate. The Project Manager will keep and prepare project-meeting minutes
and submit to those in attendance within live(5)working days after the meeting.
Task 1.01.03 -Project Schedule— Upon issuance of a Notice to Proceed by the City, DMC will prepare a
control-level schedule, using Microsoft Project Schedules v. 4.0, detailing specific delivery dates and
meetings. The schedule will be instrumental in providing the City of Palm Springs staff assurances of
project schedule compliance. The schedule will be updated monthly and presented to the both cities
digitally and in hard format at the monthly PDT meetings.
Task.1.02 Research- DMC will research all available City, utility company and other agency records, as
necessary,to secure all relevant information, clearances, and/or plan review services required to identify,
locate and accurately lay out all improvements and easements, centerline, right-of-way limits and private
property lines.
DMC anticipates its research effort will include gathering the following information:
12 D
DESIGN GfIIJ�
SCOPE OFSERVICES
o As-Built Drawings/Aerials o Pertinent In-Progress Drawings o Existing Geotechnical Reports
o Assessor Maps o Existing Utility Drawings/Maps a Right-of-Way Record Maps
o Available Drainage Reports o Existing Environmental Reports o Existing Traffic Studies/Data
o Related City Reports o Flood Zone Designations o Records Of Surveys/Tract Maps
o Intersection Ties a Benchmark Data o Field Notes
Task 1.03 Site Visits (3) - Existing conditions and supporting improvements, such as pavement surface
areas, curb, gutter, sidewalks and driveways, walls, stairways, mailboxes, trees, fences structures and
existing landscaping will be inventoried. Pictures/videos will be taken of the entire project area to
confirm existing conditions. Prior to the site visit, a meeting will be conducted with personnel from the
city and representatives of the surrounding restaurants to review and identify additional issues regarding
access, drainage, access, gates, mechanical equipment and other issues related to the proposed trash
enclosure improvements.
Task 1.04 Boundary Survey-DMC will establish the boundary of lands within the study area(as depicted
in Figure I of the RFP) from a legal survey prepared under the direct supervision of a registered Civil
Engineer authorized to complete a boundary map (pre-1982) or a registered Surveyor. The results of the
survey will be depicted on a plan prepared in AutoCAD 2007, clearly identifying the boundary line(s),the
location of existing parking structure and trash enclosure in relation to the boundary line(s) and
surrounding buildings with access points to the Study Area.
Task 1.05 Topographic Survey/Base ,Mapping - DMC will perform a topographic survey of the Study
Area and beyond,as necessary,to establish vertical/horizontal control of the site and to accurately design
the proposed trash enclosure improvements. The surveys will include all roadway, driveway, sidewalk,
ramps and other public improvements, building corners and doorway entries, utilities and surface types.
DMC will meet with appropriate officials from the City or Palm Springs and the County of Riverside to
obtain benchmark data, intersection ties and other pertinent data relevant to this project.
Utilizing research documents and Feld survey data, DMC will develop project area base maps at P=20'
(max.) in AutoCAD 2007 on City title block sheets. The limits of the base map shall have the same
beginning and ending points as the field survey limits.
Task 1.06 .initial Utility Coordination - DMC will complete a detailed research of available records to
identify ail utilities that may be impacted by the proposed improvements, including written contact, field
reviews and mapping of the utilities. Specific subtasks include:
• Preparation of a Utility Log— DMC will develop a complete Utility Log of all correspondence with
utilities during the Preliminary Engineering phase of the project;
• Identification/Notification of.Affected Utilities — DMC will develop a request for information letter
and one(1)utility notice to be sent to the utility companies via certified mail;
o Plotting of Utility Locations— DMC will review data received from the utility companies and plot
information on the base sheets to be used in the preparation of the project plans;
• Identification of Potential Conficts — Potential conflicts will be identified. The City and the utility
will be immediately notified of known conflicts and plans sent to the utility and the City indicating
the conflict.
Task 1.07 Preparation of Concept Development Plans- Based upon the City's preliminary concept plan
and discussions with City staff and surrounding property owners, DMC will prepare preliminary color
concept renderings/illustrations of the proposed trash enclosure improvements for presentation to City
staff, the "Project Team" and the City Council, as may be required, using appropriate visual aids,
including drawings,slides and hand-outs.
Task 1.08—.Presentation of Concept Development Plans- DMC will present concept plans to City staff
and"Project Team" for review. Based upon comments received from City staff/"Project Team", concept
plans will be revised and presented to the Architectural Advisory Committee/Planning Commission/City
13
DESIGN 6ai46
SCOPEOrSERVICE4
Council for review and approval. DMC will revise concept plans, as necessary. It is understood that
DMC will obtain formal approval of the concept plans through the City's Major Architectural Approval
process,up to and including formal approval by the City Council.
PHASE 2—FINAL DESIGN
Task 2.01 Utility Coordination - Potential conflicts will be highlighted on plans provided to utilities as
part of the notification process, as outlined in Phase I, These plans will be submitted to the utilities at
the 65%, 90% and final complete stages. DMC will prepare utility notification letters for each affected
utility company. The attached plans will identify locations with the conflict areas clouded to clearly
show the utility company the areas of conflict. The City will be immediately notified of known conflicts
once identified. This information will be noted in the Utility Log. DMC will continue to coordinate with
the utility until the conflict is resolved.
Task 2.02 Preparation of Plans, Specifications and Estimates (PS&E's) - Utilizing the concept plans
and design parameters developed in previous tasks, DMC will prepare clear, concise and accurate
construction documents (PS&E's) For this project. In general, the construction documents will conform
to the City of Palm Springs standards and practices.
Task 2.02.01 -Plans—All civil improvements will be prepared using AutoCAD 2007 software on 24" X
36" sheets. The improvements will be prepared in plan sheet format only at a scale of I"=20'. The wall
improvements will be prepared in plan format at a scale of I"= 20' with a profile of the wall included in
strip format. Detail sheets will be prepared at a scale of 1"=20' or greater, as required. Based upon our
current understanding of the project, DMC Design Group will prepare the following sheets:
nescri0lian No.ar Sheen
Title I
General Notes I
Details 2
Grading and Drainage Plan 1
Masonry Block Wall and Foundation Plan I
Lighting and Electrical Plan I
Water Plan I
Equipment Lay Out Plan 2
Construction Staging I
Total Sheets 11
Plans will be submitted to the City and affected utilities for review at the 65%, 90% and complete stages.
DMC will submit four(4) sets of blueprints with each submittal, along with the previous red lined check
prints. Comments received from the City will be incorporated into the plans. Final plans will be
submitted to the City on Mylar wet stamped by the Project Engineer.
Task 2.02.02 - Specifications, — Utilizing City boilerplates where possible, DMC will prepare Project
Specifications for the project. The Project Specifications will be prepared in Microsoft Word 2003
format and will be submitted to the City for review at the 65%,90% and complete stages.
Task 2.02.03 -Estinmies—DMC will prepare a comprehensive list of bid items,their quantities and unit
costs and probable cost of construction and submit to the City for review. The final construction cost
estimate shall be based upon and in agreement with the final estimated quantities shown on the bid sheet.
The estimates will be prepared in Excel format and submitted to the City for review at the 65%, 90% and
complete stages, or as otherwise requested. Backup data calculations by sheet and item will be prepared
and submitted to the City upon request.
Task 2.03 Bid,Assistance - DMC will assist the City in the bidding process by addressing questions
regarding the plans and specifications through written responses, preparing and issuing Project
addendums and attending and answering questions at the pre-bid meeting.
14 Dim-
DESIGN
GRME�
SCOPE:OFSERVICE4
Task Z04 Prepare As-Built Plans—Upon completion of the project, DMC will prepare"As-Built"plans
based upon red-lined plans of actual field conditions as provided by the City's construction Contractor.
Task 205 Revise PS&H's for Rebid—Should the initial bid results require the construction documents to
be revised, as deemed necessary by the City, DMC will revise the construction documents.
PHASE 3—CONSTRUCTION.ADMINISTRATION(OPTIONAL)
DMC can complete the following Construction Administration activities should the City decide to use
DMC for these activities:
Task 3.01 Bid Analysis—Review bids received and determine appropriateness of costs;
Task 3.02 Pre-Construction — Coordinate and attend pre-construction conference, prepare meeting
minutes and address Contractor questions and concerns;
Task 3.03 Shop .Drawings — Review shop drawings submitted by the Contractor for conformance with
construction documents;
Task 3.04 Project Meetings — Coordinate meetings with City staff, Contractor and other agencies as
required on a regular basis(twice monthly for 3 months) to update the status of the project;
Task 3.05 Construction Monitoring— Provide inspections on a regular basis as agreed upon, to ensure
the project is being constructed in compliance with the construction documents and to the City's
satisfaction;
Task 3.06 Final .inspection — Recommend and schedule, with City and applicable agencies, a final
inspection of the project;
Task 3.07 Plant E'stablisl:ment — Provide monitoring of the installed landscaping and irrigation
improvements during the maintenance and plant establishment period.
It is understood that if the City elects to have DMC complete these services, it will negotiate the
construction administration phase costs upon completion of the design phase.
DELIVERABLES
It is anticipated the following deliverables, at a minimum,will be made by DMC to the City:
Project Coordination - Project coordination, attendance at required meetings and presentations of
preliminary and final project drawings;
Boundary Survey - Complete and professional engineering survey of the boundary between the Triangle
Parcel and the Plaza Villa Condominiums;
Concept Plans- Preliminary concept drawings and renderings, as required and necessary to obtain approvals
of City staff, the "Project Team", the Architectural Advisory Committee, the Planning Commission and the
City Council.
Construction Documents
Plans - Preliminary plans shall be submitted to the City for review and comment on standard 24" X 36"City
title block sheets for review and comment. Final plans shall be submitted on reproducible Mylar sheets and
in AutoCAD 2004 format drawing files on computer disks.
Specifications- 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 disk and in reproducible form, including all appendices.
Estimates - A preliminary cost estimate shall be submitted to the City for review and comment with the
preliminary plans (165% complete) and shall include estimates for each item of work indicated in the project
specifications. A final cost estimate shall be submitted concurrently with the final plans and specifications.
15
DESIGN G1�i!)D.�
SCOPEOFSERMEs
Construction Administration - Construction inspection and management, construction administration record
files, files and documentation obtained during the course of the construction phase of the project shall be
provided to the City in an organized and indexed notebook format, including all contract information
required by federal, state and local regulations.
16
DESIGN 01122Z�
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Page 17
DAVIDM COsPER,P._
EDUCATION:
M.P.A., 1992,Public Administration
California State University,Hayward
B.S., 1981,Civil Engineering
University of California,Davis
AFFILIATION:
American Public Works Association
American Society of Civil Engineers
American Public Works Association Delegate—Citizen to Citizen Program to the People's Republic of China
REGISTRATION:
California Registered Civil Engineer License No.38022
EXPERIENCE:
Mr. Cosper has more than twenty-five(25)years of professional civil engineering experience in California in the public and
private sectors. Mr. Cosper has served as Director of Public Works for three California cities. His experience includes
planning,design,and management in the engineering disciplines of streets and highways,water systems,drainage and flood
control, pavement management system, traffic signals, parks and landscaping, operations and maintenance, special
assessment districts,and construction management. Specific assignments have included the fallowing:
❑ Project Manager/Engineer,Mesquite Avenue Widening/Storm Drain Improvement Project,Palm Springs,CA—
Responsible for the preparation of right-of-way maps and utility relocation, geoteclmical investigations, storm drain
alignment studies, roadway widening and rehabilitation designs and preparation of construction documents required for
construction of 0.75-miles of roadway widening and resurfacing improvements to a portion of Mesquite Avenue, 0.5-
mile5 of raised landscape median/parkway improvements and 1 25-miles of 66-inch storm drain improvements in the
City or Palm Springs. This project was awarded APWA Project ofthe Year.
❑ Project Manager/Engineer, Vista Chino Road/Sunrise Avenue Intersection Widening and Traffic
Signal Modification Improvement Project, Palm Springs, CA — Responsible for the design and
preparation of final plans, specifications and estimates required for roadway widening improvements to a 750-foot
portion of Vista Chine Road (State Route 111) and a 500-foot segment of Sunrise Way and traffic signal
modifications necessary to accommodate a right turn lane and the addition of through lanes on each street. The
project required the relocation of an existing catch basin. All improvements constructed within the Vista Chino
Road(SR 111)right-of-way required Cahrans review and approval.
Cl Project Manager/Engineer, Moreno Valley Electrical Substation and Switch Yard, Moreno Valley, CA —
Responsible for the preparation of a drainage report, a project concept report, and design and preparation of final
plans, specifications and estimates required for the 81,000-5f sub-station and switchyard. Project required the
design of over six (6)acres of grading, street improvements, wood-crete perimeter wall with pier foundations, four
(4) retention basins of over 65,000-ef in total size, a 200-foot long bio-retention basin for water quality
management purposes, and erosion control/SWPPP measures.
❑ Project Manager/Engineer, Heroes Park Improvement Project' Lake Forest, CA. — Responsible for the design
and preparation of construction documents, concept development, construction management and inspections services
required for the construction or a 2,000-foot access road, a one hundred (100) stall parking lot expansion, landscape
improvements,parking lot/trail lighting improvements and Orange County PF&RD access/trail improvements within an
Orange County Flood Control retarding basin.
❑ Project Manager/Engineer, Bristol Street Slope Stabilization Project, Orange County,CA.—Responsible for the
preparation of a materials report'project concept report,structural calculations for five(5)alternative slope stabilization
designs, (PCC cast-in-place, PCC pre-casr using reinforced soil, modular retaining block, landscaped slope and
deepened fence foundation), design and preparation of construction documents for slope stability improvements to a
1,000-foot long by 25-foot high section of the John Wayne Airport along Bristol Street,in Orange County.
❑ Project Manager/Engineer, Club Drive Entry Gate/Manitou Drive Entry Gate Modification Project, Indian
Wells,CA.—Responsible for landscape and lighting concept plans,design,preparation of construction documents, bid
administration,construction management and inspections services required for enhancement improvements for the Fire
Access Maintenance District entry gates at Club Drive and Mauitou Drive. Improvements including landscaping
replacements, lighting improvements,structural wall extensions and Fountain modifications.
- 9TWU_
DESIGN GROUP-
JOSHUAD.Cos,-Ei,RE
EDUCATION:
Engineering Studies:
University of California,Irvine—B.S.Civil Engineering
REGISTRATION:
California Registered Civil Engineer License No.71667
EXPERIENCE:
Mr. Cosper is a member of the Board of Directors for DMC Design Group, Inc, and is the Vice President in charge
of Design/CADD productions. Mr. Cosper has eight years (8)years of progressively responsible design experience
for a variety of civil engineering projects. He has become a specialist in the development of accurate CADD
drawings for public improvement projects and is responsible for menioring our team of CADD specialist in the latest
uses of AuioCAD and MicroStation.
Mr.Cosper is currently assigned to or has recently completed the following projects:
❑ Design Manager, Vista Chino Road/Sunrise Avenue Intersection Widening and Traffic Signal
Modification Improvement Project, Palm Springs, CA —Responsible for the design and preparation of
final plans, specifications and estimates required for roadway widening improvements to a 750-foot portion of
Vista Chino Road (State Roure 111) and a 500-foot segment of Sunrise Way and traffic signal modifications
necessary to accommodate a right turn lane and the addition of through lanes on each street. The project
required the relocation of an existing catch basin. All improvements constructed within the Vista Chino Road
(SR 111)right-of-way required Calrrans review and approval.
❑ Design Manager, Moreno Valley Electrical Substation and Switch Yard, Moreno Valley, CA —
Responsible for the preparation of a drainage report, a project concept report, and design and preparation of
final plans,specifications and estimates required for the 81,000-sf sub-station and switchyard. Project required
the design of over six (6) acres of grading, street improvements, wood-crete perimeter wall with pier
foundations, four (4) retention basins of over 65,000-cf in total size, a 200-foot Iona. bio-retention basin for
water quality management purposes, and erosion control/SWPPP measures
❑ Design Manager, Floe Packer Park Improvement Project, Lake Forest, CA. — Responsible for developing
alternative concepts, design and preparation of plans, specifications and estimates required for the one (I)-acre
parkway between Packer Drive and Floe Drive in the City of Lake Forest. Project eliminated a dead-end portion of
Packer Drive and replaced it with this fully landscaped parkway with pedestrian access way to Flow Drive. Project
also addressed existing flood control issues between the two streets.
❑ CADD Manager, Mesquite Avenue Widening/Storm Drain Improvement Project, Palm Springs, CA —
Responsible for the preparation of right-of-way maps and utility relocation,geotechnical investigations,storm drain
alignment studies,roadway widening and rehabilitation designs and preparation of construction documents required
for construction of 0.75-miles of roadway widening and resurfacing improvements to a portion of Mesquite
Avenue, 0.5-miles of raised landscape median/parkway improvements and 1.23-miles of 66-inch storm drain
improvements in the City of Palm Springs. This project ivas awarded APWA Project of the Year.
❑ CADD Manager, Pepper Street Rehabilitation/Widening Project — Responsible for the preparation of a
materials report, hydraulic/drainage report, project concept report, design and preparation of final plans,
specifications and estimates required for widening and rehabilitation improvements of a 600-foot portion of
Pepper Sheet, from Alessandro Boulevard to Sherman Avenue, in the City of Moreno Valley. Project also
required the preparation of right-of-way documents, and completion of a hydraulic/drainage study to determine
local drainage impacts of proposed improvements. Because of the impacts to the abutting residents, DMC was
required to meet with and discuss the potential impacts of the project to the residents.
❑ CADD Designer, heroes Park Improvement Project, Lake Forest, CA. — Responsible for the design acid
preparation of construction documents, concept development, construction management and inspections services
required for the construction of a 2,000-fool access road,a one hundred(100)stall parking lot expansion,landscape
improvements, parking lot/trail lighting improvements and Orange County PF&RD access/trail improvements
within an Orange County Flood Control retarding basin.
DESIGN GRfl
DGNNAA MCCONAUGHY
EDUCATION:
A_A., 1978 General Studies
Lassen Community College
EXPERIENCE:
Ms. McConaughy is the owner of DMC Design Group, Inc. and is responsible for the day to day direction of the firm's
resources. She has ten (10) years of experience in utility coordination and specification preparation for numerous civil
engineering projects, especially in the area of street resurfacing projects. Through her efforts to coordinate resurfacing
projects with utility companies, Ms. McConaughy has developed an extensive database of utility contacts in Orange, Los
Angeles, Imperial and Riverside Counties and has been very successful in having utilities respond to utility notifications.
The skills and experience she has developed over the last ten (10) years allows her to quickly obtain record plans and
research documents necessary for resurfacing projects.
Ms. McConaughy was responsible for coordinating utilities and/or preparing technical specifications for the following
projects:
❑ Vista Chino Road Widening and Traffic Signal Modification Improvements,Palm Springs,CA;
❑ Moreno Valley Substation and Switch Yard Improvement Project,Moreno Valley,CA.;
❑ Mesquite Avenue Widening Improvement Project,Palm Springs,CA;
❑ 5°i Sneer Reconstruction Project,City of Calimesa,CA;
❑ Boeing Street/MCDonnel Street Sidewalk Improvement Project, Moreno Valley,CA;
❑ Pepper Street Widening and Rehabilitation improvement Project,Moreno Valley,CA;
❑ Perris Boulevard Rehabilitation/Widening Project,Moreno Valley,CA;
❑ Elsworrh Sireet/Sherman Avenue Widening/Rehabilitation Project,Moreno Valley,CA;
❑ Iris Avenue Improvement Project Phase I and 2, Moreno Valley, CA;
❑ Main Street Resurfacing Project(AHRP Funded),Orange,CA;
❑ Prospect Street Resurfacing Project(AHRP Funded),Orange,CA;
❑ Yorba Street Resurfacing Project(AHRP Funded),Orange,CA;
❑ Hewes Street Resurfacing Project(AHRP Funded),Orange,CA;
❑ East Main Street Reconstruction Project,Barstow,CA;
❑ Bake Parkway Rehabilitation Project(AHRP Funded),Lake Forest,CA;
❑ Malan Street Improvement Project,Brawley,CA;
❑ Bouquet Canyon Road Widening/Resurfacing Project, Santa Clarita,CA;
❑ Verdun Avenue Rehabilitation Project,Baldwin Hills,CA;
❑ Marvale Drive Reconstruction,Baldwin Hills,CA;
❑ Carson Street Rehabilitation Improvement Project,Carson,CA;
❑ Westminster Avenue Rehabilitation Improvement Project,Long Beach,CA;
❑ Avenue F-8 Reconstruction Project,Lancaster,CA;
❑ Avenue G Construction Project,Lancaster,CA.;
❑ Heroes Park Improvement Project,Lake Forest,CA.;
❑ Floe Packer Park Improvement Project,Lake Forest,CA;
❑ Club Drive Gate Entry/Manitou Drive Gate Entry Improvement Project,Indian Wells,CA.;
❑ Bristol Street Slope Stabilization Project,Orange County,CA.
PES/GN Gl�ge1
EDw RDJ.BONf1D&LiN,P.L.S.
EDUCATION:
Masters Business Adminlctretion/Mauagemerit
California State University—San Bemardino,San Bernardino,CA
B.A.,Business Administration/Management
California State University—San Bernardino,San Bernardino,CA.
REGISTRATION:
California Registered Land Surveyor License No.L-7529
EXPERIENCE:
Mr. Bonadiman has been working in the Land Surveying field for over fourteen (14) years. He has provided land-
surveying services with Real Time kinematic G.P.S. equipment since 1994. His understanding of the latest
equipment, features, benefits, and limitations has made Mr. Bonadiman a valuable asset on any project. Mr.
Bonadiman has worked extensively throughout the western United States, and is currently preparing record of
surveys, parcel maps, tract maps, large area verticzUborizontal control plats and construction staking from their
office in San Bernardino. Mr. Bonadiman has acted as the Survey Manager on the following DMC sponsored
projects:
❑ Survey Manager, Vista Chino Road/Sunrise Avenue Intersection Widening and Traffic Signal
Modification Improvement Project, Palm Springs, CA — Responsible for control and topographic
surveys and right of way mapping required for the design and preparation of final plans, specifications and
estimates required for roadway widening improvements to a 750-foot portion of Vista Chino Road(State Route
111)and a 500-foot segment of Sunrise Way and traffic signal modifications necessary to accommodate a right
turn lane and the addition of through lanes on each street. Also responsible for the preparation of a pre-
development and post-development A.L.T.A. Map and lot line adjustments to development adjacent to this
segment of Vista Chino Road and Sunrise Avenue.
❑ Survey Manager, Pepper Street Rehabilitation/Widening Project, Moreno Valley, CA. — Responsible for
control and topographic surveys and right of way mapping required to design and prepare final plans,
Specifications and estimates required for widening and rehabilitation improvements of a 600-foot portion of
Pepper Street,from Alessandro Boulevard to Sherman Avenue, in the City of Moreno Valley.
❑ Survey Manager, Pace Road Water and Sewer System Improvements, Moreno Valley, CA —
Responsible for field surveys and topographic mapping required to design and prepare construction document
required for approximately 750 feet of 8" sewer main and the extension of approximately 600 feet of 12" water in
the City of Moreno Valley.
❑ Survey Manager, Graham Street Water Improvements, Moreno Valley, CA--Responsible for field surveys
and topographic mapping required to design and prepare construction documents required the abandonment of
approximately 1,200 LF of existing undersized 4" water main and construction of a 800 LF extension of a 12"
water main. The project also included the replacement of twenty (20) service laterals and three (3) fire
hydrants. Project required close coordination with Eastern Municipal Water District.
❑ Project Manager/Engineer, East Main Street Reconstruction Project, Barstow, CA — Responsible for field
surveys and topographic mapping required to design and prepare construction documents, including working
centerline profiles, driveways profiles and 50 foot O.C. cross sections, for construction of roadway reconstruction
improvements to a 0.50 mile portion of East Main Street(Historic Highway 66)in rho City of Barstow.
❑ Survey Manager, Boeing Street and McDounel Street Sidewalk Improvements, Moreno Valley, CA —
Responsible for field surveys and topographic mapping required to design and prepare final plans,specifications
and estimates for sidewalk improvements to 800-foot segments of Boeing Street and MCDonnel Street, from
Adrienne Avenue to Bay Avenue,in the City of Moreno Valley.
❑ Survey Manager, Iris Avenue Improvement Project,Moreno Valley,CA.—Responsible for field surveys and
topographic mapping required for the design and preparation of final plans, specifications and estimates for
overlay,reconstrucrion,widening and traffic signal improvements of a 0.5-mile portion of Iris Avenue, from Indian
Street to Penis Boulevard,in the City of Moreno Valley.
DESIGN G@4HR�n
Revised: 3/23/07
EXHIBIT "D"
SCHEDULE OF COMPENSATION
524762,1
DMC Design Croup,Inc.
iVtlaple Centre N "
170 N.Mapk St,Suite 11071
Corona, CAA 92880
DESIGN G
0510 54�8ll00 Fax Q95ll)549-8102
October 18,2007
Craig L. Gladders,Procurement and Contracting Manager
City of Palm Springs
Division of Procurement and Contraction
3200 East Tahquitz Canyon Way
Palm Springs,CA 92262
RE: Fee Proposal(Revised 10l24/07)-Professional Engineering Design and Survey Services
RFP 402-08 (Downtown Trash Enclosure Adjacent to Parking Structure)
Dear Mr. Gladders:
DMC Design Group will provide the following services, as outlined in our October 18, 2007 proposal
for the referenced project for the following"Not to Exceed"fee:
Phase 1 —Preliminary Design Concept
Task 1.01 Project Management $4,150
Task 1.02 Research $1,780
Task 1.03 Site Visits (3) $2,670
Task 1.04 Boundary Survey $2,620
Task 1.05 Topographic Survey/Base Mapping $4,000
Task 1.06 Initial Utility Coordination $1,080
Task 1.07 Preparation of Concept Development Plans $4,280
Task 1.08 Presentation of Concept Development Plans S1,240
Phase 1 Labor Costs S21,820
Phase 2—Final Design
Task 2.01 Utility Coordination $600
Task 2.02 Preparation of Plans, Specifications and Estimates $21,210
Task 2.03 Bid Assistance $1,480
Task 2.04 Prepare"As-Built"Plans S1,420
Task 2.05 Revise PS&E's for Rebid $1,710
Phase 2 Labor Costs $26,420
Total All Phases S48,240
Direct Costs $4,500
Total Fee S52,740
F 1MARKEIIOMCCJD701L 7 1 RASFI ENCLOSUM ENOINEEREP MPROPOSALN71TI REVISED=LCTiLtLOOC
October 19,2006(Revised October 24,2007)
Page 2
Attached is a Resource Matrix detailing Task Costs by Position. This Resource Matrix will be used to
monitor DMC's costs. Each month, the matrix will be updated to show actual hours expended for
each task. The updated Matrix will be provided to the City with the monthly invoice for verification
of effort. Should a task begin to exceed the estimated costs originally assigned to that task,as outlined
in the Matrix, DMC will review the remaining effort required to complete the task to determine if
there are sufficient resources within the task to complete it. Should it appear there are not enough
resources to complete that task, DMC will review resources remaining for other tasks to determine if
surplus resources can be applied to the deficient resource. It is DMC's goal to maintain the project
costs as outlined in this proposal and DMC will make every effort to keep its projected costs within
the limits of this proposal through this monthly review process. However, should additional services
outside those described in our proposal be required of DMC and there are not adequate resources
within the existing fee structure as outlined in the Resource Matrix, DMC will request additional fees
for these services.
We look forward to working with the City of Palm Springs and would very much like to discuss
providing our Engineering Design and Survey Services on the proposed downtown trash enclosure
improvements. Should you have any questions or concerns, do not hesitate to contact me.
DMrely,
east Group C.
David M_ Cosper, P.E.
Principal
ATTACHMENT Resource Matrix
Hourly Rate Schedule
[DESIGN GKR9L
SCHEDULE,OF HOURLY BMLING RATES
This hourly rate schedule is a part of DMC Design Group's proposal for Professional Engineering Design
and Survey Services For The Downtown Trash Enclosure Adjacent to the Parking Structure—RFP 02-08 in
Palm Springs, Ca., as outlined in our October 18, 2007 submittal to the City of Palm Springs and will be used
to invoice the City of Palm Springs for monthly progress payments and extra work incurred for the duration
of the project.
OFFICE PERSONNEL
Expert Witness/DeposiLions .............................................................................................................................S225/hr
Litigation Consultation................................ ..... ............................... . ............................ ..........S200/hr
PrincipalConsultant.................... ...................................................... .. .................................................S175/hr
ProjectManager........................................................... . ............................................................. . .........S 155/hr
ProjectEngineer. ..................................................... .................................................................. ...............S130/hr
TrafficEngineer.................. ........................... ........................................... • ...............................S110/hr
ElectricalEngineer. ............................................................................................................... .. ... .........S110/hr
CADDManager.............. .................................................... ...................................................... .........$110/hr
DesignEngineer...................................... ....................................................... ......................................... $110/hr
CADDOperator................... .............................................. ....................................................... ... S90/hr
Traffic Signal Systems Specialist........... ............................................. ..................................................... S90/hr
UtilityCoordinator................. .......................................... .... • ............................................... . S75/lu
Technician............................................................... • .................... ................... ............................ S65/hr
WordProcessor........................... .............................................. ............................................... ... S55/hr
Clerical......................... . ............................................................................................. ............................... $30/hr
FIF.I.D PERSONNEL
SurveyManager................................... ............................................... ...........................................................$110/hr
Two-Man Survey Party w/Vehicle&Equipment........................ ........... ......................................................S195/hr
Three-Man Survey Party w/Vehicle&Equipment..........................................................................................S225/hr
FieldTechnician............ • . ............................................... .............................................. •. .S60/hr
PublicWorks Inspector............................................................ ............... ....... ............................................$70/hr
SUPPORT&MISCELLANEOUS COSTS
CADD Work Sration/Plotter................. • ........................................ • .................................................... $25/hr
ComputerTime................... ....................................... ..... .......................................................... ..... S16/hr
Electronic Distance Measuring Equipment..........................................................-........................................... S55/hr
SurveyTrucks................................. • ................................................... ................................................$0.50/milt
OtherVehicles................................... .................... ..... .................................................... .$0.36/mile
NuclearGauge................................................ .............................. .............................................................. S75/day
Manometer............................... . .................................................................................................................... $20/day
SlopeIndicator..................................................... .............................. .......................................................... $50/day
OtherEquipment.,..... .................................................................. .....................................Separate Schedule
Outside services,subconsultants and direct casts beyond those shown in our proposal willbilled at cost plus 15%for
administration,coordination and handling. Scheduled overtime will be billed at 125%.Terms are net 30 days with 1.5%
per month interest charges. The above schedule is for straight time hours.
20
I_
DESIGN GRO'Oif=
Resource hldtrl% updated LasL 11144rCO1
Professlonal Engln sorting Design and Survey Servlc es
RFP#02-08
Downtown Trash Enclosure Adjacent to Parking Structure
Palm Spring s,CA
PROD PROJ DESIGN CAP UTILITY WORP SURVEY 21hAN TOTAL w a
TASK DESCRIPTIOMen. EHGR i MG ENGR OPER TECH CcI PROD MANAGER SURVEY LABOR CosT
PI L45E 1-PRELV.L'MALY DESMIT CONCEPT
Task 1.0[ Pre[al Managem¢a[
1.01J51Pm=c[OnanlzlxnN,:n 2 1 3365.
1Al2Q Pro•cl M¢e0n s M 14 2 2
1.01M Praxl S& S,L• __ I
Ta5k1.e2 Research 2 12 4 4 2i SMOD0
Task1,03 Sue V11 IN(31 6 5 4 22 53,670.
Tazkl.CJ B..d.q S.crey 2 4 E 10 5 0001
Tas.%IX4 To o rt IC Svrv',B -V-Pp.9 2 16 4 G 6 3, 51(COS
Ta•Y1.01 In11Ia111LZ1 G.onlnaVon 2 d S 1a sig" C
Task 1.01 Pr par Lon or Cnnce t13 oelo m n[Planz 6 32 44 Svz: c
Lask 1.05 Prexn6on of C¢nce IPe•relo msn[Plans 5 B 5124R
LOTAL PHASEi PRMMIfJARYDES4GMCDNCEFF 36 20 14 52 12 22 M 12 16 194 $2S,020.0
?H SE2-FINALOES•GN
Task 2.01 ulllitCOordinallon e 6 560]O'
Task 2.03 Pre radon of PSLEIs
2.02.04 Plss 411 S➢rels 2 IPI 40 M S 162 515950.
klC wS cnca[cr.. 2p 0 9 e 2E $262a.
2rnm ESLL ales 2I 4 16 U $1509.5`
Task 2.03 eld A•s•tanra e 4 12 51,460.
Task 2.04 Pre i2"As nwll"Plans 2 4 b 14 31420.
Task 2.05 ReNse PSSE's for R¢bld 2 4 6 I 14 13.710.
TOTALPHAS£2 FIMALDES]G 111 42 30 104 3 0 R i56 $3$419.5
PROJECT TOTAL-ALL 2 FNASE U 62 ?3 156 SO 15 12 16 452 HS,iJ9.5
HOPRLYRATE SI55.00 3t3D.00 $
110.G6 306.CC So5.e] $75.W 555 W slia"I SIPS
.
TOTAL"MIRCOST4 $6.0201 58.0601 $10.3391 $14,04al III.S001 $2,250 $990 $1.3201 33,12D $46,23
VIRECTCOSTS
Ifd¢¢.�PwWrer S CO..
RendenI,N 32.CCAM
Re SJWens S1I c
Sub[oW-0irecl CosU 4f.Cti0.6E
125iS MaM1u cn UndCosl 5`rO[C
TOL•1 OlrtcF Cozl SF^!O2
TOTALPROJECTCOST $52J39
Revised: 3/23107
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
524762.1
Project Schedule July 10,2007
Professional Engineering Design and Surveying Services
RFP 002-08
Downtown Trash Enclosure Adjacent to Parking Structure
r Sep'07 Oct'07 Nov'07 jDec'07 Jan'08 Feb'08 Mar'08 Apr'08 May'o8
ID Task Name Duration Start Finish 19 126 1 2 1 9 116 123 30 7 i4 2i 28 4 11 118 125 1 2 1 9 I—l-6f-23T3-01 6 113 120 127 3 10 17 24 2 1 9 1 16 123 1 N j 6 1 13 120 27 1 4 111 118 125
1 PHASE 1 -PRELIMINARY DESIGN CONCEPT 140 days? Mon 11112M7 Fri 6123108 PHASE 1 -PRELIMINARY DESIGN CONCEPT 11111111
2 TASK 1.01 Project Management 140 days? Mon 11/12f07 Fri 5123108
i
3 TASK 1.02 Research 5 days Mon 11/12/07 Fri 11116/07 11112 TASK 1.02 Research
4 TASK 1.03 Site Visits 58 days 1 Wed 11/14107 Fri 211108
5 TASK 1.03 Inlii al Site Visits 1 0 days ! Wed S i1141W Wed 11/14/07 11114 ♦ TASK 1.03 Initial Site Visits 1
6 TASK 1.03 Second SRe Visits 2 ❑days 1 Wed 12/19/07 Wed 12119/07 12119 + TASK 1.03 Second Site Visits 2
7 TASK 1.03 Check Plans wdh Site 0 days Fri 21i108 ! Fri 211108 211 ♦!TASK 1.03 Check Plans with Site
8 TASK 1.04 Boundary Survey 10 days Mon 11/19/07 Fri 1 V30107 11M9 ® TASK 1.04 Boundary Survey
9 TASK I.W Topographic SunreylBase Mapping 10 days Mon 11/19/07 Fri 11130/07 11119 ® TASK 1.05 Topographic SurveylBase Mapping
I0 TASK 1.06 1n Itlet Uti 14 Coordination 30 days Mon 11/12/07 Fri 1212 V07 11112 TASK 1.06 initial Utility Coordination
i 3 TASK 1.07 Preparation of Concept Development Plans 15 days Mon 1213107 Fri 12/21/07 1213 ® TASK 1.07 Preparation of Concept Development Plans
12 i TASK 1.0B Presenfetlon of Concept Dove lopment Plans 15 days Mon 11/12/07 Fri 11130/07 11112 ® TASK 1.08 Presentatlon of Cc no opt Development Plans
13 Obtain Major Architectural Approval of Project Concepts 0 days Fit 1 IM107 Fri i 130107 11130 ♦ Obtain Major Architectural Approval of Project Concepts
14
15 PHASE 2-FINAL DESIGN 65 days Mon 1213107 T Fd 2129108 PHASE 2-FINAL DESIGN
16 TASK 2.01 Utility Coordination 65 days futon 12007 Fri 2129108 1213 TASK 2.01 Utility Coordination
17 TASK 2.02 Prepare P56E's —65 days Mon 1213107 Fri 2129108 1273 TASK 2.02 Prepare PS&E's
i I
18 Task 202.01 Prepare 65%Complete PS&E's 2tl days Man i213l07 Fri 12l281W 1213 ® Task 2.02.01 Prepare fib% Complete PSS E's
19 1 CITY REVIEW OF 66°/° PLANS AND ESTIMATES 10 days Mon i2131107 Fri 1111108 12131 0 CITY REVIEW OF 66% PLANS AND ESTIMATES
f22
Task 2.02.02 Prepare 90%Complete PS&E's 15 days Mon 1114108 Fri 211108 1114 — Task 2.02.02 Prepare 90%Complete P5RE's
CITY REVIEW OF 90°/°Complete PS&E'S 10 days Mon 214108 Fri 2115106 214 0CITY REVIEW OF 90%Complete PSSE'S
Task 2.02.03 Prepare and Submit Final PS&E's 10 days Mon 2118108 Fri 27291062Ii8 _ Task2.02.03 Prepare and Submit F[nal PS&E's
FINAL P58E'S SUBMITTED TO CYTY 0 days Fri 2129I08 Fri T129108 FINAL PS&IFS SUBMITTED TO CITY * 2129
David M.Casper, P.E., Project Manager ➢MD TASK CITYTASK 0 CALTRANS TASK 0 Milestone Summary
DMC Design Group, Inc,
Project Schedule
I
Page 17