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Date: December 15, 2010 CONSENT CALENDAR
Subject: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
DMC DESIGN GROUP, INC. FOR THE AGUA CALIENTE CULTURAL
MUSEUM ROAD AND DRAINAGE IMPROVEMENTS, FEDERAL
PROJECT PLHDL06-5282 (032) & HPLUL-5282 (033), CITY PROJECT 09-04
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Public Works and Engineering Department is coordinating the use of two federal
grants obtained by the Agua Caliente Cultural Museum for construction of
improvements related to the future Tribal cultural museum which will be located at the
southeast corner of Tahquitz Canyon Way and Hermosa Drive. The City solicited
proposals from consultants for environmental and civil engineering design services for
this project. After a competitive consultant selection process, the City selected DMC
Design Group, Inc., and negotiated the proposed professional services agreement.
RECOMMENDATION:
1) Approve Agreement No. with DMC Design Group, Inc., in the amount of
$109,001.00 for environmental and civil engineering design services related to
the Agua Caliente Cultural Museum Road and Drainage Improvements, Federal
Project PLHDL06-5282 (032) & HPLUL-5282 (033), City Project 09-04; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On February 9, 2009, Michael Hammond, Executive Director of the Agua Caliente
Cultural Museum ("ACCM"), submitted a letter to the City Manager requesting that the
City help facilitate the ALCM's obligation and use of two federal grants related to the
Agua Caliente Band of Cahuilla Indians future cultural museum. The ACCM was
successful in lobbying Congress for two separate federal grants that total approximately
$1 Million to be used for design related work, including planning and engineering of
roadway and interpretive signage, road and signage improvements, drainage, vehicular
ITEM NO. Z " �
City Council Staff Report
December 15, 2010 - Page 2
Agua Caliente Cultural Museum Improvements(CP 09-04)
parking areas, and appurtenant structures and facilities. The Tribe's cultural museum
will be located at the southeast corner of Tahquitz Canyon Way and Hermosa Drive.
Federal grants are distributed to each state via the state's Department of
Transportation; in California the funds are distributed to Caltrans. Each recipient of a
federal grant must have an agreement with Caltrans related to the use of federal funds.
Typical recipients of federal grants are local governments, cities, counties, and
metropolitan planning organizations (i.e. RCTC, CVAG, etc.). In attempting to obtain
the federal funds allocated to the ACCM, the ACCM was prevented from directly
seeking those funds as the ACCM is not a typical agency with which Caltrans directly
interacts. Caltrans directed the ACCM to seek the assistance of a public agency that
has experience coordinating the use of federal funds, to obligate the federal funds on its
behalf.
Therefore, pursuant to the ACCM's request, on April 15, 2009, the City Council
approved a Memorandum of Understanding (MOU) between the City and the ACCM
related to the City's assistance and administration of the ACCM's federal funds on its
behalf. Subsequently, the Public Works and Engineering Department coordinated with
Caltrans and successfully obligated the federal funds for the two federal earmarks
awarded to the ACCM.
In consultation with the ACCM on the most efficient use of the federal funds to benefit
the future museum site, its Board of Directors authorized the use of the federal funds for
the following scope of work:
• Hermosa Drive Street Improvements (east half, Tahquitz Canyon Way to Arenas
Road; full width, Arenas Road to Baristo Road)
• Palm Springs Storm Drain Line 9 Improvements (Baristo Channel to Arenas Road)
• On-Site Parking Lot and Drainage Improvements and extension of on-site storm
drainage improvements for use by the future museum
This project requires the services of a professional firm to perform the required
environmental analysis and prepare the environmental documents, and to prepare the
plans and specifications for construction of the improvements. Staff prepared a
Request for Proposals (RFP) to solicit environmental and civil engineering design
services for this project. On September 9, 2010, the RFP was published and made
available to firms through the City's Division of Procurement and Contracting, and by
the October 21, 2010, deadline, proposals from the following 6 firms were received:
David Evans and Associates, Inc.; Ontario, CA
DMC Design Group, Inc.; Corona, CA
PacRim Engineering; Anaheim, CA
RBF Consulting; Palm Desert, CA
Secutrac Engineering; Temecula, CA
TKE Engineering, Inc.; Riverside, CA
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City Council Staff Report
December 15, 2010 - Page 3
Agua Caliente Cultural Museum Improvements (CP 09-04)
Following review of the proposals by a Selection Committee, a clear consensus of DMC
Design Group, Inc., as the top ranked firm was made. The Selection Committee, in
accordance with federal rules regarding the consultant selection process, determined
that final interviews were not necessary based on its clear determination of a top ranked
firm. The selection was based on DMC Design Group's thorough understanding of the
project area, federal processes related to environmental clearances, and their recent
experience coordinating federally funded projects through Caltrans District 8.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires consultants to use good faith efforts to solicit applications for
employment and proposals for sub-consultants for work associated with the proposed
contract from local residents and firms as opportunities occur and hire qualified local
residents and firms whenever feasible. However, in accordance with the exceptions in
the Code, as the City is a sub-recipient of federal-aid funds for this project from the
Federal Highway Administration ( FHWA ) via Caltrans, local preferences are generally
not allowed in the awarding of this contract. Therefore, the provisions of the City's Local
Business Preference Program were not included in the RFP.'
However, nondiscrimination provisions apply to all programs and activities of federal-aid
recipients, sub-recipients, and contractors, regardless of tier (49 CFR 21). Pursuant to
Caltrans regulations, Disadvantaged Business Enterprise (DBE) requirements must be
satisfied with this project. A DBE goal of 1.25% was established for this contract, and
the selected consultant has included work with 1 DBE firm, representing 4.1% of the
contract amount.
FISCAL IMPACT:
The City has successfully obligated the ACCM's two federal grants for use on this
project on their behalf. The cost of this contract will be split equally between the two
federal grants, with one grant reimbursing 100% of eligible costs and the second grant
reimbursing 80% of eligible costs. The required 20% local match of the second grant
will be paid from local drainage funds given the scope of work includes design and
construction of Storm Drain Line 9 from the City's Master Drainage Plan.
1 The primary basis behind the prohibition of local hiring preferences is that they are
inconsistent with the principles of free and open competition, which is required in the
federal-aid program pursuant to federal law found at 23 USC 112, "Letting of Contracts".
Also, 23 CFR 635.117 (b) states: No procedures or requirement shall be imposed by
any State which will operate to discriminate against the employment of labor from any
other State, possession or territory of the United States, in the construction of a Federal-
aid project. This provision is generally applied to any City contracts funded in part by
federal-aid funds the City receives as a sub-recipient from FHWA via Caltrans.
City Council Staff Report
December 15, 2010 - Page 4
Agua Caliente Cultural Museum Improvements (CP 09-04)
Funding for this contract will be budgeted as follows:
$10,900.10 from account 135-4371-50287
$43,600.40 from account 261-4491-50287
$54,500.50 from account 261-4491-50290
SUBMITTED:
Prepared by: Recommended by:
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
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Thomas J. Wi on, Asst. City Manager David H. Ready, Cit ger
ATTACHMENTS:
1. Agreement
CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
AGUA CALIENTE CULTURAL MUSEUM ROAD AND DRAINAGE IMPROVEMENTS
CITY PROJECT NO. 09-04
FEDERAL AID PROJECT NO. PLHDL06-5282 (032) & HPLUL-5282 (033)
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into, and
effective on , 20_, between the CITY OF PALM SPRINGS, a California
charter city and municipal corporation, ("City") and DMC Design Group, Inc., a California
corporation, ("Consultant"). City and Consultant are individually referred to as "Party" and are
collectively referred to as the "Parties."
RECITALS
A. City has determined that there is a need for environmental, civil engineering
design, and construction administration services for the Agua Caliente Cultural Museum Road
and Drainage Improvements, City Project No. 09-04, Federal Aid Project No. PLHDL06-
5282(032) and HPLUL-5282(033), (hereinafter the "Project").
B. Consultant has submitted to City a proposal to provide environmental, civil
engineering design, and construction administration services to City for the Project under the
terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and
expertise to provide these services and has agreed to provide such services as provided in this
Agreement.
D. City desires to retain Consultant to provide such professional services.
In consideration of these promises and mutual obligations, covenants, and conditions, the
Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant agrees to perform the professional services set forth in the Scope of
Services described in Exhibit "A" (the "Services" or "Work") , which is attached and
incorporated by reference. As a material inducement to the City entering into this Agreement,
Consultant represents and warrants that Consultant is a provider of first class work and
professional services and that Consultant is experienced in performing the Work and Services
contemplated and, in light of such status and experience, Consultant covenants that it shall
follow the highest professional standards in performing the Work and Services required in this
Agreement. For purposes of this Agreement, the phrase "highest professional standards" shall
mean those standards of practice recognized as high quality among well-qualified and
experienced professionals performing similar work under similar circumstances.
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727272.1
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1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1) this Agreement and the supplemental "Special Requirements" identified on
Exhibit "B"; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the
Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"),
(collectively referred to as the "Contract Documents"). The City's Request for Proposals and
the Consultant's Proposal, which are both attached as Exhibits "C" and "D," respectively, are
incorporated by reference and are made a part of this Agreement. The Scope of Services
shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's
Request for Proposals, and the Consultant's Proposal shall be binding on the Parties. Should
any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency
shall be resolved by applying the provisions in the highest priority document, which shall be
determined in the following order of priority: (1") the provisions of the Scope of Services
(Exhibit "A"); (2"d) the provisions of the City's Request for Proposals (Exhibit "C"); (3rd) the
terms of this Agreement and the supplemental "Special Requirements" identified on Exhibit
"B"; and, (4th) the provisions of the Consultant's Proposal (Exhibit "D").
1.3 Compliance with Law. Consultant warrants that all Services rendered shall be
performed in accordance with all applicable federal, state, and local laws, statutes, ordinances,
lawful orders, rules, and regulations.
1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and
warrants to City that it has obtained all licenses, permits, qualifications, and approvals of
whatever nature that are legally required to practice its profession and perform the Work and
Services required by this Agreement. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement, any license, permit, qualification, or approval that is legally required for Consultant
to perform the Work and Services under this Agreement. Consultant shall have the sole
obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest,
which may be imposed by law and arise from or are necessary for the Consultant's
performance of the Work and Services required by this Agreement. Consultant shall
indemnify, defend, and hold harmless City against any such fees, assessments, taxes
penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted
by law.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that
Consultant (a) has thoroughly investigated and considered the Scope of Services to be
performed, (b) has carefully considered how the Services should be performed, and (c) fully
understands the facilities, difficulties, and restrictions attending performance of the Services
under this Agreement. If the Services involve work upon any site, Consultant warrants that
Consultant has or will investigate the site and is or will be fully acquainted with the conditions
there existing, prior to commencement of any Services. Should the Consultant discover any
latent or unknown conditions that will materially affect the performance of the Services,
Consultant shall immediately inform the City of such fact and shall not proceed except at
Consultant's risk until written instructions are received from the City.
Page 2 of 19
727272.1
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of
the Agreement to furnish continuous protection to the Work and the equipment, materials,
papers, documents, plans, studies, and/or other components to prevent losses or damages.
Consultant shall be responsible for all such damages, to persons or property, until acceptance
of the Work by the City, except such losses or damages as may be caused by City's own
negligence.
1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Parties agree to act in
good faith to execute all instruments, prepare all documents, and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the
performance of the Services, without invalidating this Agreement, to order extra work beyond
that specified in the Scope of Services or make changes by altering, adding to, or deducting
from such Work. No such extra work may be undertaken unless a written order is first given by
the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount,
as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also
be approved in writing by the Consultant. Any increase in compensation of up to twenty-five
percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time
to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as
may be needed to perform any extra work. Any greater increases, occurring either separately
or cumulatively, must be approved by the Palm Springs City Council. It is expressly
understood by Consultant that the provisions of this section shall not apply to the services
specifically set forth or reasonably contemplated within the Scope of Services.
1.9 Special Requirements. Additional terms and conditions of this Agreement, if
any, which are made a part hereof are set forth in the "Special Requirements" attached hereto
as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit "B" and any other provisions of the main body of this Agreement, the
provisions in Exhibit "B" shall govern.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement,
Consultant shall be compensated by City in accordance with the Schedule of Compensation,
which is attached as Exhibit "E" and incorporated in this Agreement by reference.
Compensation shall not exceed the maximum contract amount of One Hundred Nine
Thousand One Dollar, ($109,001) ("Maximum Contract Amount"), except as may be provided
under Section 1.8. The method of compensation shall be as set forth in Exhibit "E."
Compensation for necessary expenditures for reproduction costs, telephone expenses, and
transportation expenses must be approved in advance by the Contract Officer designated
under Section 4.2 and will only be approved if such expenses are also specified in the
Schedule of Compensation. The Maximum Contract Amount shall include the attendance of
Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall
not be entitled to any increase in the Maximum Contract Amount for attending these meetings.
Consultant accepts the risk that the services identified in the Scope of Services may be more
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727272.1
costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled
to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the
services identified in the Scope of Services. The maximum amount of city's payment
obligation under this section is the amount specified in this Agreement. If the City's maximum
payment obligation is reached before the Consultant's Services under this Agreement are
completed, Consultant shall complete the Work and City shall not be liable for payment beyond
the Maximum Contract Amount.
2.2 Method of Payment. Unless another method of payment is specified in the
Schedule of Compensation (Exhibit "E"), in any month in which Consultant wishes to receive
payment, Consultant shall submit to the City an invoice for services rendered prior to the date
of the invoice. The invoice shall be in a form approved by the City's Finance Director and must
be submitted no later than the tenth (10) working day of such month. Such requests shall be
based upon the amount and value of the services performed by Consultant and accompanied
by such reporting data including an itemized breakdown of all costs incurred and tasks
performed during the period covered by the invoice, as may be required by the City. City shall
use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt
of the invoice or as soon as is reasonably practical. There shall be a maximum of one
payment per month.
2.3 Chances in Scope. In the event any change or changes in the Scope of
Services is requested by City, Parties shall execute a written amendment to this Agreement,
specifying all proposed amendments, including, but not limited to, any additional fees. An
amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work,
when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's
profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated by the City Council for each fiscal year covered by the Agreement. If such
appropriations are not made, this Agreement shall automatically terminate without penalty to
the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition
of this Agreement. Consultant shall prosecute regularly and diligently the Work of this
Agreement according to the agreed upon attached Schedule of Performance (Exhibit "F"),
which is attached and incorporated by reference.
3.2 Schedule of Performance. Consultant shall commence the Services under this
Agreement upon receipt of a written notice to proceed and shall perform all Services within the
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727272.1
time period(s) established in the Schedule of Performance. When requested by Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180)
days cumulatively; however, the City shall not be obligated to grant such an extension.
3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for
performance of the Services rendered under this Agreement shall be extended because of any
delays due to unforeseeable causes beyond the control and without the fault or negligence of
the Consultant (financial inability excepted) if Consultant, within ten (10) days of the
commencement of such delay, notifies the Contract Officer in writing of the causes of the
delay. Unforeseeable causes include, but are not limited to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine
restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency,
including the City. The City Manager shall ascertain the facts and the extent of delay, and
extend the time for performing the Services for the period of the enforced delay when and if in
the judgment of the City Manager such delay is justified. The City Manager's determination
shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant
be entitled to recover damages against the City for any delay in the performance of this
Agreement, however caused, Consultant's sole remedy being extension of the Agreement
under this section.
3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall
commence upon the effective date of this Agreement and continue in full force and effect until
completion of the Services. However, the term shall not exceed three (3) years from the
commencement date, except as otherwise provided in the Schedule of Performance described
in Section 3.2 above. Any extension must be through mutual written agreement of the Parties.
3.5 Termination Prior to Expiration of Term. City may terminate this Agreement
for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty
(30) days written notice. Where termination is due to the fault of Consultant and constitutes an
immediate danger to health, safety, and general welfare, the period of notice shall be such
shorter time as may be determined by the City. Upon such notice, City shall pay Consultant
for Services performed through the date of termination. Upon receipt of such notice,
Consultant shall immediately cease all work under this Agreement, unless stated otherwise in
the notice or by written authorization of the Contract Officer. After such notice, Consultant
shall have no further claims against the City under this Agreement. Upon termination of the
Agreement under this section, Consultant shall submit to the City an invoice for work and
services performed prior to the date of termination. Consultant may terminate this Agreement,
with or without cause, upon sixty (60) days written notice to the City, except that where
termination is due to material default by the City, the period of notice may be such shorter time
as the Consultant may determine.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act in its
behalf and make all decisions with respect to the Services to be performed under this
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727272.1
Agreement: David M. Cosper, PE, Project Manager. It is expressly understood that the
experience, knowledge, education, capability, expertise, and reputation of the foregoing
principal is a substantial inducement for City to enter into this Agreement. Therefore, the
foregoing principal shall be responsible during the term of this Agreement for directing all
activities of Consultant and devoting sufficient time to personally supervise the services
performed hereunder. The foregoing principal may not be changed by Consultant without prior
written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer'). Consultant shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the services. Consultant shall refer any
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience,
knowledge, capability, expertise, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant
shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily
or by operation of law, without the prior written consent of City. Consultant shall not contract
with any other entity to perform the Services required under this Agreement without the prior
written consent of City. If Consultant is permitted to subcontract any part of this Agreement by
City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s)
in the same manner as it is for persons directly employed. Nothing contained in this
Agreement shall create any contractual relationships between any subcontractor and City. All
persons engaged in the Work will be considered employees of Consultant. City will deal
directly with and will make all payments to Consultant. In addition, neither this Agreement nor
any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written consent of City. Transfers restricted in this Agreement shall include
the transfer to any person or group of persons acting in concert of more than twenty five
percent (25%) of the present ownership and/or control of Consultant, taking all transfers into
account on a cumulative basis. In the event of any such unapproved transfer, including any
bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release
Consultant or any surety of Consultant from any liability under this Agreement without the
express written consent of City.
4.4 Independent Contractor. The legal relationship between the Parties is that of
an independent contractor, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its officers,
employees, and agents shall act in an independent capacity and shall not act or represent
themselves as City officers or employees. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction
and control. Neither City nor any of its officers, employees, or agents shall have control over
the conduct of Consultant or any of its officers, employees, or agents, except as set forth in
this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or
any other type of fixed business location at City's offices. City shall have no voice in the
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selection, discharge, supervision, or control of Consultant's employees, servants,
representatives, or agents, or in fixing their number, compensation, or hours of service.
Consultant shall pay all wages, salaries, and other amounts due its employees in connection
with this Agreement and shall be responsible for all reports and obligations respecting them,
including but not limited to social security income tax withholding, unemployment
compensation, workers' compensation, and other similar matters. City shall not in any way or
for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint
venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not have any authority to bind City in any manner. This
includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant, its officers, employees,
or agents in connection with any performance under this Agreement. Except for professional
fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or
other compensation to Consultant for the performance of Services under this Agreement. City
shall not be liable for compensation or indemnification to Consultant, its officers, employees, or
agents, for injury or sickness arising out of performing Services. If for any reason any court or
governmental agency determines that the City has financial obligations, other than under
Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or
benefits of Consultant's officers, employees, servants, representatives, subcontractors, or
agents, Consultant shall indemnify City for all such financial obligations.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and
expense, the insurance described below. The insurance shall be for the duration of this
Agreement and includes any extensions, unless otherwise specified in this Agreement. The
insurance shall be procured in a form and content satisfactory to City. The insurance shall
apply against claims which may arise from the Consultant's performance of Work under this
Agreement, including Consultant's agents, representatives, or employees. In the event the
City Manager determines that the Work or Services to be performed under this Agreement
creates an increased or decreased risk of loss to the City, the Consultant agrees that the
minimum limits of the insurance policies may be changed accordingly upon receipt of written
notice from the City Manager or his designee. Consultant shall immediately substitute any
insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as
otherwise authorized below for professional liability (errors and omissions) insurance, all
insurance provided under this Agreement shall be on an occurrence basis. The minimum
amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in
full force and effect throughout the term of this Agreement, standard industry form professional
liability (errors and omissions) insurance coverage in an amount of not less than one million
dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual
aggregate, in accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that Consultant
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is unaware of any professional liability claims made against Consultant and is unaware of any
facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide
the certification under (a), Consultant shall procure from the professional liability insurer an
endorsement providing that the required limits of the policy shall apply separately to claims
arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy
shall be continued in full force and effect at all times during the term of this Agreement, and for
a period of three (3) years from the date of the completion of the Services provided hereunder.
In the event of termination of the policy during this period, Consultant shall obtain continuing
insurance coverage for the prior acts or omissions of Consultant during the course of
performing Services under the terms of this Agreement. The coverage shall be evidenced by
either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail"
coverage with the present or new carrier or other insurance arrangements providing for
complete coverage, either of which shall be subject to the written approval by the City
Manager.
(3) In the event the policy of insurance is written on an "occurrence"
basis, the policy shall be continued in full force and effect during the term of this Agreement, or
until completion of the Services provided for in this Agreement, whichever is later. In the event
of termination of the policy during this period, new coverage shall immediately be obtained to
ensure coverage during the entire course of performing the Services under the terms of this
Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain,
in full force and effect throughout the term of this Agreement, workers' compensation
insurance in at least the minimum statutory amounts, and in compliance with all other statutory
requirements, as required by the State of California. Consultant agrees to waive and obtain
endorsements from its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City and to require each of its
subcontractors, if any, to do likewise under their workers' compensation insurance policies. If
Consultant has no employees, Consultant shall complete the City's Request for Waiver of
Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit of at
least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general
aggregate for bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and
completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount of
one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include
coverage for owned, non-owned, leased, and hired cars.
Page 8of19
727272.1
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 or his/her designee prior to
commencing any work or services under this Agreement. Consultant guarantees payment of
all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-
insured retentions in excess of $10,000, and the City Manager or his/her designee may require
evidence of pending claims and claims history as well as evidence of Consultant's ability to
pay claims for all deductible amounts and self-insured retentions proposed in excess of
$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the
insurance policies required of Consultant under this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary
insurance with respect to the City and its officers, council members, officials,
employees, agents, and volunteers. Any insurance or self-insurance maintained
by the City and its officers, council members, officials, employees, agents, and
volunteers shall be in excess of Consultant's insurance and shall not contribute
with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers,
council members, officials, employees, agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to each insured, including
additional insureds, against whom a claim is made or suit is brought to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to the City or its operations shall limit the application of such
insurance coverage.
5.3.4 No required insurance coverages may include any limiting endorsement which
substantially impairs the coverages set forth in this Agreement (e.g., elimination
of contractual liability or reduction of discovery period), unless the endorsement
has first been submitted to the City Manager and approved in writing.
5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to
delete any exculpatory wording stating that failure of the insurer to mail written
notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the
endorsements. Certificates of insurance will not be accepted in lieu of required
endorsements, and submittal of certificates without required endorsements may
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727272.1
delay commencement of the Project. It is Consultant's obligation to ensure
timely compliance with all insurance submittal requirements as provided in this
Agreement.
5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved
with the Project who are brought onto or involved in the Project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the Project will be
submitted to the City for review.
5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on the City nor does it
waive any rights in this or any other regard.
5.3.8 Consultant shall provide proof that policies of insurance required in this
Agreement expiring during the term of this Agreement have been renewed or
replaced with other policies providing at least the same coverage. Proof that
such coverage has been ordered shall be submitted prior to expiration.
Endorsements as required in this Agreement applicable to the renewing or new
coverage shall be provided to City no later than ten (10) days prior to expiration
of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained in this
section are not intended as limitations on coverage, limits, or other requirements,
or as a waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impair the provisions of this section.
5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the Work performed under this Agreement and
for any other claim or loss which may reduce the insurance available to pay
claims arising out of this Agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City, or to reduce or dilute
insurance available for payment of potential claims.
5.3.12 Consultant agrees that the provisions of this section shall not be construed as
limiting in any way the extent to which the Consultant may be held responsible
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727272.1
i
for the payment of damages resulting from the Consultant's activities or the
activities of any person or person for which the Consultant is otherwise
responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be
provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++,
Class VI I, or better, unless such requirements are waived in writing by the City Manager or his
designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by
a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to
be received and approved by the City before work commences. City reserves the right to
require Consultant's insurers to provide complete, certified copies of all required insurance
policies at any time. Additional insured endorsements are not required for Errors and
Omissions and Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate
of Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured..." ("as respects City of Palm Springs Contract No. " or "for any and all
work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No. it or "for any
and all work performed with the City' may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall
impose no obligation or liability of any kind upon the company, its agents or representative" is
not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies. All certificates of insurance and endorsements are to be
received and approved by the City before work commences. All certificates of insurance must
be authorized by a person with authority to bind coverage, whether that is the authorized
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agent/broker or insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Consultant's obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law,
Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold
harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the
"Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands,
losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
penalties, and expenses including legal costs and attorney fees (collectively "Claims"),
including but not limited to Claims arising from injuries to or death of persons (Consultant's
employees included), for damage to property, including property owned by City, from any
violation of any federal, state, or local law or ordinance, and from errors and omissions
committed by Consultant, its officers, employees, representatives, and agents, that arise out of
or relate to Consultant's performance under this Agreement. This indemnification clause
excludes Claims arising from the sole negligence or willful misconduct of the City, its elected
officials, officers, employees, agents, and volunteers. Under no circumstances shall the
insurance requirements and limits set forth in this Agreement be construed to limit Consultant's
indemnification obligation or other liability under this Agreement. Consultant's indemnification
obligation shall survive the expiration or earlier termination of this Agreement until all actions
against the Indemnified Parties for such matters indemnified are fully and finally barred by the
applicable statute of limitations or, if an action is timely filed, until such action is final. This
provision is intended for the benefit of third party Indemnified Parties not otherwise a party to
this Agreement.
6.2 Design Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Consultant is a
"design professional" under California Civil Code Section 2782.8, then:
A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at
Consultant's sole cost and expense), protect and hold harmless City and its elected officials,
officers, employees, agents and volunteers and all other public agencies whose approval of
the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties")
against any and all liabilities, claims, judgments, arbitration awards, settlements, costs,
demands, orders and penalties (collectively "Claims"), including but not limited to Claims
arising from injuries or death of persons (Consultant's employees included) and damage to
property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or
willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from
Consultant's negligent, reckless or willful performance of or failure to perform any term,
provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's
liability for Indemnified Claims shall be reduced to the extent such Claims arise from the
negligence, recklessness or willful misconduct of the City and its elected officials, officers,
employees, agents and volunteers.
B. The Consultant shall require all non-design-professional sub-contractors, used or
sub-contracted by Consultant to perform the Services or Work required under this Agreement,
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to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1
in favor of the Indemnified Parties. In addition, Consultant shall require all non-design-
professional sub-contractors, used or sub-contracted by Consultant to perform the Services or
Work required under this Agreement, to obtain insurance that is consistent with the Insurance
provisions as set forth in this Agreement, as well as any other insurance that may be required
by Contract Officer.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed
accounts of all time, costs, expenses, and expenditures pertaining in any way to this
Agreement. Consultant shall keep such books and records as shall be necessary to properly
perform the Services required by this Agreement and to enable the Contract Officer to evaluate
the performance of such Services. The Contract Officer shall have full and free access to such
books and records at all reasonable times, including the right to inspect, copy, audit, and make
records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services required by this Agreement, or as the
Contract Officer shall require. Consultant acknowledges that the City is greatly concerned
about the cost of the Work and Services to be performed under this Agreement. For this
reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the
estimated increased or decreased cost if Consultant becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or decrease the cost
of the contemplated Work or Services. If Consultant is providing design services, Consultant
shall promptly notify the Contract Officer the estimated increased or decreased cost for the
project being designed if Consultant becomes aware of any facts, circumstances, techniques,
or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared by
Consultant, its employees, subcontractors, and agents in the performance of this Agreement
shall be the property of City and shall be promptly delivered to City upon request of the
Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for
further employment or additional compensation as a result of the exercise by City of its full
rights of ownership of the documents and materials. Any use of such completed documents
for other projects and/or use of incomplete documents without specific written authorization by
the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall
indemnify the Consultant for all resulting damages. Consultant may retain copies of such
documents for their own use. Consultant shall have an unrestricted right to use the concepts
embodied tin this Agreement. Consultant shall ensure that all its subcontractors shall provide
for assignment to City of any documents or materials prepared by them. In the event
Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting
damages.
7.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under
Page 13 of 19
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this Agreement shall not be released publicly without the prior written approval of the Contract
Officer. All information gained by Consultant in the performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior written
authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Consultant shall provide City, or other agents of City, such
access to Consultant's books, records, payroll documents, and facilities as City deems
necessary to examine, copy, audit, and inspect all accounting books, records, work data,
documents, and activities directly related to Consultant's performance under this Agreement.
Consultant shall maintain such books, records, data, and documents in accordance with
generally accepted accounting principles and shall clearly identify and make such items readily
accessible to such parties during the term of this Agreement and for a period of three (3) years
from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted
both as to validity and as to performance of the Parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Riverside,
State of California, or any other appropriate court in such County, and Consultant covenants
and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties.
The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and
shall not be deemed to limit, expand, or define the contents of the respective sections or
paragraphs.
8.3 Default of Consultant. Consultant's failure to comply with any provision of this
Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant is in default in
the performance of any of the terms or conditions of this Agreement, he/she shall notify
Consultant in writing of such default. Consultant shall have ten (10) days, or such longer
period as City may designate, to cure the default by rendering satisfactory performance. In the
event Consultant fails to cure its default within such period of time, City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice of any remedy to which City may be entitled at law, in
equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by
City as a result of such default. Compliance with the provisions of this section shall not
constitute a waiver of any City right to take legal action in the event that the dispute is not
Page 14 of 19
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16,
cured, provided that nothing shall limit City's right to terminate this Agreement without cause
under Section 3.5.
B. If termination is due to the failure of the Consultant to fulfill its obligations under
this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the
work and prosecute the same to completion by contract or otherwise. The Consultant shall be
liable to the extent that the total cost for completion of the Services required hereunder
exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to
mitigate such damages). The City may withhold any payments to the Consultant for the
purpose of set-off or partial payment of the amounts owed the City as previously stated. The
withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for
completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in
writing and signed by a duly authorized representative of the Party against whom enforcement
of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant,
condition, or term contained in this Agreement, shall not be construed to be a waiver of any
subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and
complete compliance with any of the covenants, conditions, or terms contained in this
Agreement be construed as changing the terms of this Agreement in any manner or preventing
the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties
are cumulative and the exercise by either Party of one or more of such rights or remedies shall
not preclude the exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be
entitled, in addition to such other relief as may be granted, to recover from the non-prevailing
Party all reasonable costs and expenses. These include but are not limited to reasonable
attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in
any appeal or in collection of any judgment entered in such proceeding. To the extent
authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or
non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party
shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Consultant, or any successor-in-interest, in the event of
Page 15 of 19
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16
any default or breach by the City or for any amount which may become due to the Consultant
or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any direct or
indirect financial interest in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which effects their financial interest or the financial
interest of any corporation, partnership, or association in which he/she is, directly or indirectly,
interested in violation of any state statute or regulation. Consultant warrants that Consultant
has not paid or given, and will not pay or give, any third party any money or other
consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under
this Agreement, Consultant shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, age, marital status, ancestry, or national
origin. Consultant shall ensure that applicants are employed, and that employees are treated
during their employment, without regard to their race, religion, color, sex, age, marital status,
ancestry, or national origin. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under
law, and in lieu of any other warranty by City or Consultant against patent or copyright
infringement, statutory or otherwise:
A. It is agreed that Consultant shall defend at its expense any claim or suit
against City on account of any allegation that any item furnished under this Agreement, or the
normal use or sale arising out of the performance of this Agreement, infringes upon any
presently existing U.S. letters patent or copyright and Consultant shall pay all costs and
damages finally awarded in any such suit or claim, provided that Consultant is promptly
notified in writing of the suit or claim and given authority, information and assistance at
Consultant's expense for the defense of same, and provided such suit or claim arises out of,
pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant.
However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration
of a deliverable, such that City's alteration of such deliverable created the infringement upon
any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in
combination with other material not provided by Consultant when it is such use in combination
which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit
and all negotiations for settlement in the event City fails to cooperate in the defense of any suit
or claim, provided, however, that such defense shall be at Consultant's expense. Consultant
shall not be obligated to indemnify City under any settlement that is made without Consultant's
consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined
as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right
Page 16 of 19
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2U
to use and sell the item, or shall substitute an equivalent item acceptable to City and extend
this patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that
either party desires, or is required to give to the other party or any other person shall be in
writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail,
registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by
facsimile with attached evidence of completed transmission. All notices shall be deemed
received upon the earlier of (i) the date of delivery to the address of the person to receive such
notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days
after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by
facsimile. Any notice, request, demand, direction, or other communication sent by facsimile
must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of
electronic transmission such as e-mails, text messages, and instant messages are not
acceptable manners of notice required hereunder. Notices or other communications shall be
addressed as follows:
To City: City of Palm springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: DMC Design Group, Inc.
Attention: David M. Cosper, PE
140 North Maple Street, Suite 104
Corona, CA 92880
Telephone: (951) 549-8100 ext 706
Facsimile: (951) 549-8102
10.3 Integrated Agreement. This Agreement constitutes the entire agreement
between the Parties and supersedes all prior negotiations, arrangements, agreements,
representations, and understandings, if any, made by or among the Parties with respect to the
subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement by all Parties.
10.5 SeverabilitY. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. If any provision
of this Agreement shall be determined to be invalid by a final judgment or decree of a court of
competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition
or invalidity, without invalidating the reminder of that provision, or the remaining provisions of
this Agreement unless the invalid provision is so material that its invalidity deprives either Party
of the basic benefit of their bargain or renders this Agreement meaningless.
Page 17 of 19
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2�
10.6 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
10.7 Third_Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this
Agreement be construed as conferring, any rights, including, without limitation, any rights as a
third-party beneficiary or otherwise, upon any entity or person not a party in this Agreement.
10.8 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and
agrees that such Party is bound, for purposes of this Agreement, by the same.
10.9. Corporate Authority. Each of the undersigned represents and warrants that (i)
the Party for which he or she is executing this Agreement is duly authorized and existing, (ii)
he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for
which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is
signing is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which the Party for which
he or she is signing is bound.
(SIGNATURES ON FOLLOWING PAGE)
Page 18 of 19
727272.1
2 ,7w
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
below.
"CITY"
City of Palm.Springs
Date: By:
David H. Ready
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
Douglas C. Holland, James Thompson,
City Attorney City Clerk
APPROVED BY CITY COUNCIL:
Date: Agreement No.
CONSULTANT
Name: DMC Design Group, Inc.
Check one:_Individual_Partnership X Corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice
President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief
Financial Officer.
Address: 140 North Maple Street Suite 104
Corona, CA 92880
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
Page 19 of 19
727272.1
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of .._
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personally appeared
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capacity(ies), and that by hisAwAheir sign"(v(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s)acted,exe ted the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Pldort vasary Seal Above Signature
OP77ONAL
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Description of Attached Document
Title or Type of Document:.
Document Date: Number of Pages:.
Signer(s)Other Than Narned Above. ,._.........................
Capacity(i s)Claimed by Signer(s)
Signer's Name:............................................. Signer's Name; -......-.......................................� .�.,.
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EXHIBIT "A"
SCOPE OF SERVICES
General Scope: Evaluate the construction of certain street and storm drainage improvements
in Hermosa Drive, and certain improvements at the southeast corner of Tahquitz Canyon Way
and Hermosa Drive, pursuant to CEQA and NEPA, and obtain CEQA/NEPA approvals.
Prepare plans, specifications and estimate (PS&E) for construction of certain street and storm
drainage improvements in Hermosa Drive, and certain improvements at the southeast corner
of Tahquitz Canyon Way and Hermosa Drive. Provide turn-key construction inspection and
administration of the project (optional, to be added as an additional scope of work at the
discretion of the City).
Work Plan
The project will be completed in the following four (4) phases:
• Phase 1 — Environmental Approval and Project Development
• Phase 2 — Engineering Design (Plans, Specifications and Estimates)
• Phase 3 — Right-of-Way Services
• Phase 4 — Construction Administration (Optional —to be added at the discretion of the City)
Phase 1 — Environmental Approval and Project Development
Task 1.1 Project Research — Consultant shall research all available City, utility company and
other agency and developer records, as necessary, to secure all relevant information required
to identify, locate and accurately lay out all improvements, utilities and easements, centerlines,
right-of-way limits and private property lines.
Task 1.2 Initial Site Visit — Existing conditions and supporting improvements, such as
pavement surface areas, curb, gutter, sidewalks and driveways, access ramps, fences,
structures and existing landscaping/irrigation system improvements will be inventoried within
the project limits. Pictures/videos will be taken of the entire project area to confirm existing
conditions.
Task 1.3 Project Scope of Work Compliance — Consultant shall meet with the appropriate
Agua Caliente Cultural Museum, City of Palm Springs and Caltrans Local Programs officials to
define and achieve approval of the programming requirements for the federal-aid funds
obligated to this project and to coordinate programming changes to ensure the final agreed
scope of work for the project is eligible under associated federal guidelines.
Task 1.4 Topographic Survey — Consultant shall coordinate with the City to obtain known
survey data for this site. Consultant shall complete an accurate topographic survey of the
project site, including the horizontal and vertical control of all existing culture, overhead and
underground utilities, curb, gutters, ramps, medians and driveways. Consultant shall establish
one (1) temporary bench mark for use during construction.
Exhibit"A"
Page 1 of 11
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EXHIBIT "A"
SCOPE OF SERVICES
Task 1.5 Base Map Development — Utilizing research documents and field survey data,
Consultant shall develop a project area base map of the intersection at a scale of 1" = 20'
(max.), accurately showing the vertical and horizontal locations (where possible) of all existing
right-of-way lines, property lines, site culture, utilities and other potential obstruction of the
project site.
Task 1.6 Initial Utility Coordination — Consultant shall identify and officially notify all affected
utility companies providing services within the limits of the project intersections and request
copies of utility maps, plans, and records of existing facilities. Field reviews will be conducted
to locate and verify all surface evidence of existing sub-surface and overhead installations
within the limits of this project. All utility information obtained from its research effort and field
reviews will be plotted on the Base Map. Consultant shall initiate the development of a Utility
Log of all future correspondence with the affected utilities.
Task 1.7 Environmental Clearance Support Services — Consultant shall complete the
following environmental clearance activities necessary to obtain a Negative or Mitigated
Negative Declaration environmental clearance for the project through Caltrans Local
Assistance:
Project Initiation — Prepare a detailed project description, including identification of the project
footprint and timing of construction, and an Area of Potential Effects (APE) Map for potential
environmental impacts that will accompany the PES. Consultant shall coordinate with Caltrans
as necessary the review and approval of the APE Map.
Preliminary Environmental Study -- Coordinate, attend and facilitate a field review meeting
with Caltrans and conduct preliminary research to complete a Preliminary Environmental
Studies (PES) Form consistent with the Caltrans' Local Assistance Procedures Manual.
Consultant shall coordinate with Caltrans as necessary the review and approval of the PES
Form.
Technical Studies— Prepare the following technical reports:
Air Quality Report — The federal Clean Air Act (CAA) establishes federal air quality
standards, known as national ambient air quality standards (NAAQS), and specifies future
dates for achieving compliance. The CAA mandates that the state submit and implement a
State Implementation Plan (SIP) for areas not meeting these standards (nonattainment
areas). The primary air quality issue surrounding the proposed road and drainage
improvement activities from the Baristo Channel to Arenas Road would be the consistency
of these improvements with both the 2007 Air Quality Management Plan (for ozone
attainment) and Coachella Valley PM10 State Implementation Plan. For example, 40 CFR
Part 51 and Part 93 (Final Rule effective November 24, 1993) requires that federally
supported activities must conform to the SIP, whose purpose is that of attaining and
maintaining the NAAQS. Due to the nature of the proposed project, it is not anticipated that
the limited road and drainage improvement activities would result in inconsistencies with
Exhibit"A"
Page 2 of 11
727272-1 r�
�. iU
EXHIBIT "A"
SCOPE OF SERVICES
the SIP. In order to demonstrate conformity, the report will show that the project will not
result in any new violations of the NAAQS, will not impede or delay attainment of ozone
and particulate matter standards, for which the Palm Springs region is designated
nonattainment, and will not increase the severity or frequency of existing NAAQS violations
in the area. The evaluation to determine this includes an analysis of consistency with the
2007 Air Quality Management Plan and Coachella Valley PM10 State Implementation Plan
population and employment growth projections, avoidance and minimization measures to
address project impacts, and incorporation of 2007 Air Quality Management Plan and
Coachella Valley PM10 State Implementation Plan land use planning strategies. The
project will require interagency consultation with Coachella Valley Association of
Governments for PM10
(Deliverables:Air Quality Conformity Memorandum).
• Cultural Resource Analysis — It is anticipated that the project would require a preparation of
an HPSR/ASR under the provisions of Section 106 of the National Historic Preservation
Act, including the following activities:
Contact Caltrans/Agua Caliente offices to discuss any concerns and to review any
records or documents that they may have regarding cultural resources within or near the
APE; communications would be maintained throughout the term of the study;
- Conduct an archaeological/historical records search at the Eastern Information Center,
located on the campus of the University of California, Riverside and request a records
search from the Agua Caliente Register;
- Conduct general historical background research using archival materials and early maps
to ascertain the history of land use and development trends within and near the APE;
- Request a sacred lands record search from the Native American Heritage Commission
and contact local Native American representatives regarding Native American resources
in and around the project area, including follow-up phone calls, as required by Caltrans
and the Section 106 process;
Complete a geomorphologic literature and map search to determine the
prehistoric/historic landscapes and possible human use of those landscapes and thus
assess the potential for buried cultural deposits to be present within the Area of Potential
Effects (APE) as required by the Section 106 process;
- Conduct site-specific historical studies, including archival and ethnographic research,
interviews, and consultations with local historical societies and people with knowledge of
local history and the history of the APE, to determine past land uses; to learn about
former owners and to explore historical associations; and to assess the likelihood and
integrity of any possible subsurface deposits;
Exhibit"A"
Page 3 of 11
727272.1
.P!
EXHIBIT "A"
SCOPE OF SERVICES
- Conduct an intensive-level field survey of the APE following standard professional
archaeological procedures, which would include, among other standard procedures,
transects spaced 15 m or less apart, detailed note taking, and overview photographs;
- Prepare a draft Historic Properties Survey Report, with the associated Archaeological
Survey Report, to document the findings of the procedures outlined above, identify
known and potential historic properties within or adjacent to the APE, evaluate their
integrity and historical significance under criteria for the National Register of Historic
Places (to the extent possible), and recommend subsequent courses of actions
regarding such resources, if necessary;
- Respond to comments, incorporate feasible changes, and produce the required final
reports.
- Prepare the necessary APE map and for use in the ASR.
(Deliverables: One (1) electronic copy and (1) hard copy of the APE Map, Historical
Properties Survey Report, and Archaeological Survey Report).
• Biological Resources Analysis — It is anticipated that a Natural Environmental Study (NES)
will be the appropriate document to prepare for Caltrans District 8. In preparing the NES,
the following activities are anticipated:
Preliminary office investigations will include various biological database searches,
including a search of the California Natural Diversity Database (CNDDB), the California
Native Plant Society's Electronic Inventory, and the California Wildlife Habitat
Relationships database;
A formal list of special-status species with potential to occur in the area will be requested
from the U.S. Fish and Wildlife Service (USFWS) to develop a comprehensive list of
special-status species to be evaluated in the NES-MI;
Biologists will consult with regulatory agencies and recognized experts with the California
Department of Fish and Game (CDFG) and the USFWS, as appropriate, during
preparation of the NES;
- Biologists will identify the location, composition and extent of sensitive plant communities
(such as wetland vegetation), the areas that may support noxious weeds, and the
significant wildlife habitats shown within the Area of Potential Effects (APE). This
subtask includes one comprehensive site assessment to sufficiently characterize the
special-status plant and animal species that have the potential to occur within the APE,
to map all vegetation communities present, and to assess these vegetation communities,
and the habitats contained therein, for the potential to support special-status plant and
animal species. During the site assessment, Consultant shall identify all potential
jurisdictional waters of the U.S. that could be impacted by the proposed projects and
determine whether a Wetland Delineation Report is warranted. Consultant shall also
identify migratory bird nesting habitat, including ground-nesting birds within the APE;
Exhibit"A"
Page 4 of 11
727272.1
2.6
EXHIBIT "A"
SCOPE OF SERVICES
- The habitat assessment described above will determine if protocol-level surveys are
warranted;
If necessary, appropriate reduction measures for inclusion in the NES will be prepared.
These strategies may include recommended best management practices (BMPs),
construction timing, or limiting ground disturbance in specific areas;
- The results of the research and field surveys in the NES, according to Caltrans
guidelines. Locations of significant biological resources, including observations of
special-status species and critical habitat will be identified on an appropriate base map
will summarized into a final NES report. The effects of the proposed project on biological
resources will be determined, with mitigation options, if necessary, briefly described
under this task
(Deliverables: NES Report).
Preliminary Hazardous Materials Analysis — A preliminary hazardous materials
investigations for the project site will be performed, including the following activities:
- A review of the existing environmental documents provided;
- A review of publicly available and practically reviewable standard local, state or tribal and
federal environmental record sources;
- A review of publicly available and practically reviewable standard historical sources,
including aerial photographs and topographic maps;
- A reconnaissance of the study area and observation of adjoining properties;
- Interviews with persons knowledgeable about land uses within the proposed alignment;
- Preparation of a report summarizing findings, opinions and conclusions
(Deliverables: Preliminary Hazardous Materials Report).
• Draft/Final Initial Study Assessment (ISA) — It is anticipated that upon completion of these
activities, a Caltrans Initial Site Assessment (ISA) checklist will be completed, summarizing
potential environmental concerns within the project study area. Consultant shall review the
Draft ISA report and submit it to Caltrans for review. The Draft ISA will be revised as
necessary based upon Caltrans' comments to produce a Final ISA.
(Deliverables: Review of the Draft and Final Phase I Initial Site Assessment).
Exhibit"A"
Page 5 of 11
727272.1 ,
EXHIBIT "A"
SCOPE OF SERVICES
Administrative Draft IS/MND — Upon completion of the technical analysis, Consultant shall
prepare an Administrative Draft Initial Study/Mitigated Negative Declaration (Admin Draft
IS/MND) in conformance with CEQA Guidelines. The Admin Draft IS/MND will contain all
required components of an IS/MND and will address on-site and off-site impacts of the project,
although the technical analysis will be focused as described above. The Admin Draft IS/MND
will be delivered to the City for review and comment prior to public release of the Draft IS/MND.
The major sections and areas of concern to be addressed are outlined below.
• Introduction —This brief introductory section will discuss the legal authority for preparing the
IS/MND under CEQA and the City's environmental review requirements. This section will
also include a brief overview of the project history and local context, and will describe the
public participation process and scoping process as appropriate.
• Project Description — The project description will describe all aspects of project design,
construction and operation as required by CEQA. The project description will include text,
graphics, and tables, as appropriate. The Consultant shall also write the purpose and need
for the proposed project.
• Initial Study Checklist — This is the main chapter of the IS/MND, and will include separate
sections for each environmental resource topic area, which incorporates information from
the technical studies. This chapter will be formatted so that the impact statements and
corresponding mitigation measures will stand out from the text for clarity and easy
reference. Consultant shall write all of the required sections of the IS/MND identified in the
Initial Study Checklist. Findings will be made as to the level of significance of each impact
after mitigation. The topic areas examined in the Initial Study Checklist include:
• Aesthetics • Agricultural Resources - Air Quality
• Biological Resources • Cultural Resources • Geology and Soils
• Hazards& Hazardous Materials • Hydrology and Water Quality • Land Use/Planning
• Mineral Resources • Noise • Population and Housing
• Public Services • Recreation • Transportation and Traffic
• Utilities and Service Systems • Mandatory Findings of
Significance
Deliverables: One (1) hard copy and one (1) electronic copy of Administrative Draft IS/MND for
review by the City; three (3) hard copies for review by Caltrans.
Draft IS/MND — After the Admin Draft IS/MND is reviewed by the City, Consultant shall
prepare the Draft MND for the 30-day public review period. Consultant shall coordinate with
City staff to ensure that the sections are formatted for ease of use. Consultant shall circulate
the Draft IS/MND and post the Notice of Intent and the Notice of Completion.
Exhibit"A"
Page 6 of 11
727272-1
3 61
EXHIBIT "A"
SCOPE OF SERVICES
Deliverables:
• NOI: One (1) hard copy of the Notice of Intent posted with the Riverside County Clerk-
Recorder. One (1) electronic copy of the NOI with receipt stamp from the Riverside County
Clerk-Recorder will be provided to the City for their records.
• NOC: One (1) hard copy of the Notice of Completion posted with the State Clearinghouse.
One (1) electronic copy of the NOC with receipt stamp from the State Clearinghouse will be
provided to the City for their records.
• Draft IS/MND: Twenty (20) electronic copies on compact disc (CD) and 20 hard copies of
the Draft IS/MND (five [5] electronic copies and five [5] hard copies for the City of Palm
Springs, and 15 electronic and 15 hard copies for the State Clearinghouse).
Final IS/MND -- At the conclusion of the 30-day public review period, Consultant shall review
the comment letters received on the Draft IS/MND and coordinate with City staff to discuss the
responses. Assuming a maximum of 10 comment letters from individuals and agencies,
Consultant shall then prepare draft responses to comments. Additionally, Consultant shall
prepare a Mitigation Monitoring and Reporting Program to be included in the Final IS/MND.
Upon completion, an electronic copy of the Administrative Final IS/MND, including the MMRP,
will be submitted to the City for review. Based on the comments received from staff, final
revisions to the document will be made and Consultant shall produce the Final IS/MND. After
the adoption of the IS/MND, Consultant shall file the Notice of Determination (NOD) with the
State Clearinghouse and the Riverside County Clerk-Recorder. The filing fee for the County
Recorder to file the NOD for the IS/MND shall be paid by the Consultant.
Deliverables: Fifteen (15) hard copies and one (1) electronic coy of the Final IS/MND for the
City of Palm Springs, one [1]hard copy of the NOD for the State Clearinghouse, and one hard
copy of the NOD for the Riverside County Clerk-Recorder).
Categorical Exclusion — Upon completion of the technical analysis and approval by Caltrans,
if the determination that the project would have no significant impacts on the environment is
supported, Consultant shall coordinate with Caltrans for the completion and signature of a
Categorical Exclusion form, which will serve as the NEPA documentation for the project.
(Deliverables: One (1) PDF copy of the signed Categorical Exclusion form to Public Works)
Phase 2— Engineering Design (Plans, Specifications and Estimates)
Task 2.1 Utility Coordination — Consultant shall continue to coordinate with the affected
utilities companies by completing the following activities:
• Maintain the Utility Log of all correspondence with utilities;
• Identify potential conflicts;
• As potential conflicts are identified throughout the design phase, coordinate with the affected
utility agencies until the conflict is resolved;
Exhibit"A"
Page 7 of 11
727272A
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EXHIBIT "A"
SCOPE OF SERVICES
• Provide notification letters with copies of the plans will be sent, via return certified receipt, to
the affected utility agencies at the 80% complete, 100% complete and final stages.
Task 2.2 Utility Potholing — Once specific conflicts have been identified, Consultant shall
prepare a Utility Pothole plan that locates where utility potholes are to be completed. The
Utility Pothole plan will be reviewed with the City for approval prior to starting any utility
potholing activities. Once an approved Utility Pothole plan has been completed, Consultant
shall coordinate with Saf-r-Dig to complete the utility potholes identified on the Utility Pothole
plan. Consultant shall follow-up the utility pothole activities with a survey of the utility potholes
to vertically and horizontally locate each of the potholed utility. This information will be shown
on the final plans and will be used to design the final storm drain alignment. Affected utilities
will be provided the final Utility Pothole plans for use in relocating their affected utility. This
scope of work includes ten (10) utility potholes. Additional potholes will be completed for an
additional fee of $750 per pothole, at the option of the City pursuant to an amendment to this
agreement.
Task 2.3 Geotechnical Investigation — Consultant shall coordinate with Diaz Yourman and
Associates (DYA) to complete up to six (6) borings approximately six (6) feet deep along the
proposed alignment of Storm Drain Line 9. The material taken from the borings will be lab
evaluated to determine the Sand Equivalence of the material. This information will be
submitted to Riverside County Flood Control & Water Conservation District (RCFC) for review
and approval as possible backfill material for Storm Drain Line 9 improvements.
Task 2.4 Water Surface Profile Gradient (WSPG) Study — Utilizing Civil Design software,
Consultant shall develop a WSPG model of the storm drain system to confirm that the
hydraulic grade lines does not fall above the existing roadway surface and catch basin inlet
elevations. This information will be prepared in final report format and submitted for review to
the City and RCFC with the PS&E documents. The WSPG will be adjusted, as necessary, to
match the storm drain system vertical and horizontal alignments until the alignment is
approved by RCFC.
Task 2.5 Plans, Specifications and Estimates (PS&E's) — Consultant shall prepare clear,
concise and accurate PS&E's of the proposed roadway and storm drain improvements. In
general, the PS&E's will conform to the City of Palm Spring's standards and practices.
Task 2.5.1 Plans— Consultant shall design and prepare construction plans that will be required
for the proposed roadway, storm drain improvement, and on-site Agua Caliente Cultural
Museum parking lot and drainage improvements. Consultant shall prepare the following plan
sheets:
Exhibit"A"
Page 8 of 11
727272A
3 `�
EXHIBIT "A"
SCOPE OF SERVICES
Description No. of Sheets
• Title Sheet 1
• General Note Sheet 1
• Detail Sheets 2
• Roadway Improvement Plan and Profile Sheets 2
• Storm Drain Plan and Profile Sheets 4
• On-Site Parking Lot/Drainage Plan 1
• Striping and Signing Plan Sheet 1
Total Sheets 12
Plans will be submitted to the City and affected utilities for review at the 80% complete, 100%
complete stage and final screen check stage. Consultant shall submit four (4) sets of
blueprints with each submittal, along with the previous red-lined check prints. Comments
received from the City will be incorporated into the plans. Final plans will be submitted to the
City on Mylar, wet stamped by the Project Engineer.
Task 2.5.2 Technical Specifications— Consultant shall prepare the following documents for this
project:
• Detailed Project Description
• Bid Schedule
• Bid Item Descriptions
• Payment Methods
• Special Provisions
• Technical Specifications
The documents will be prepared in Microsoft Word in Green Book format and submitted to the
City for review at the 80% complete, 100% complete stage and final screen check stage.
2.5.3 Estimates — Consultant shall prepare a comprehensive list of bid items, their quantities
and unit costs, and the probable cost of construction that will be submitted to the City for
review. The final construction cost estimate shall be based upon and in agreement with the
final estimated quantities shown on the bid sheet. The estimates will be prepared in Excel
format and submitted to the City for review at the 100% complete stage and final screen check
stage.
Task 2.6 Additional Site Visit (2) — Consultant shall complete the following site visits during
this phase of this project:
Exhibit"A"
Page 9 of 11
727272.1
EXHIBIT "A"
SCOPE OF SERVICES
• First Site Visit — The first site visit will be conducted prior to the submittal of the 80%
complete PS&E's to the City. The purpose of the site visit is to check field conditions with
information shown on the plans.
• Second Site Visit — The second site visit will be complete prior to submittal of the 100%
complete PS&E's. The purpose of the second site visit is to conduct a constructability review
and to confirm that all issues have been addressed in the plans.
Task 2.7 Local Assistance Support Services — Consultant shall provide the necessary
support services to the City required to receive an Authorization to Proceed (E-76) prior to
advertisement, including, but not limited to, the following activities:
• Conduct Field Review (if necessary), prepare Field Review Form and submit to State;
• Prepare PS&E Certification Checklist/Form;
• Prepare and submit to State for approval Right-of-Way/Utility Clearance Certifications;
• Prepare and submit to State Local Agency Construction Administration Certification (must
receive an Authorization to Proceed (E-76) form from the State prior to project
advertisement.).
Upon award of contract, Consultant shall prepare a Detailed Estimated, Finance Letter (on City
Letter Head), Award Checklist and Report of DBE Awards for submittal to the City and State.
Task 2.8 RCFC Coordination — Consultant shall coordinate, as necessary, with Riverside
County Flood Control District and Water Conservation District, to obtain the approval of the
design and construction documents for the proposed Storm Drain Line 9 improvements,
including preparation of plans to be submitted to the RCFC for review and approval on RCFC
title block. Separate mylar of the proposed Storm Drain Line 9 improvements will be submitted
to the RCFC for signature upon approval of the plans by RCFC and the City of Palm Springs.
Task 2.9 Bid Support — Consultant shall assist the City during the bidding process by
addressing questions regarding the plans and specifications with written responses (when
required), the preparation and issuance of Project addendums, attendance at the pre-bid
meeting to address questions by bidders, and attendance at the City Council meeting to award
the contract to address questions by Council Members.
Task 2.10 Construction Support — Consultant shall assist the City during construction phase
by providing the following services:
• Consultant shall assist the City during the construction phase by addressing questions
regarding the plans and specifications through written responses to RFI's and responding to
Contractor's request for clarifications.
• Consultant shall prepare record drawings for the City and RCFC for Storm Drain Line 9
improvements based on redlines provided by the Contractor.
Exhibit"A"
Page 10 of 11
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w�
EXHIBIT "A"
SCOPE OF SERVICES
Phase 3— Right-of-Way Services
Task 3.1 Acquisition Document — Consultant shall prepare a complete set of acquisition
documents (legal description/ plat map) for proposed right of way acquisition/temporary
construction easement.
Task 3.2 Right-of-Way Coordination — Consultant shall coordinate with Caltrans, the BIA and
the Tribe on all right-of-way issues pertaining to this project, including the acquisition of
necessary right-of-way required to complete the project.
Phase 4 — Construction Administration (Optional) — This task may be added at the
discretion of the City, pursuant to an amendment to this Agreement.
END OF EXHIBIT "A"
Exhibit"A"
Page 11 of 11
727272.1
EXHIBIT "B"
SPECIAL REQUIREMENTS
Add the following to Section 2.0, Compensation:
Section 2.5, Cost Principles. The Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31 et seq., are the governing factors
regarding allowable elements of cost. The administrative requirements set forth in 49 CFR,
Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments, is hereby included by reference. The provisions of this section
shall apply to all subcontracts in excess of$25,000.
Add the following to Section 2.0, Compensation:
Section 2.6, General Compliance with Laws and Wa a Rates. Consultant warrants that its
cost proposal, approved by City and identified on the Schedule of Compensation as set forth in
Exhibit "E", complies with all federal, state and local laws and ordinances applicable to the
work, including compliance with prevailing wage rates and their payment in accordance with
California Labor Code, Section 1775.
Add the following to Section 4.0, Coordination of Work:
Section 4.5, Subcontracts. Any subcontracts or contractual arrangements ("subcontracts")
between the Consultants and other parties ("subcontractors") entered into in the performance
of this Agreement to which the City is not named shall include all applicable provisions of this
Agreement and the Consultant shall require that its subcontractors thereby comply with all
such applicable provisions.
Section 7.5, Audit and Inspection of Records, the following sentence shall be added at the end
of the paragraph:
Consultant's records shall be available for inspection by City, the state of California
Department of Transportation, and the Federal Highway Administration, or their duly
authorized representatives. This section shall also apply to all subcontracts in excess of
$25,000.
Add the following to Section 10.0, Miscellaneous Provisions:
Section 10.9, Covenant Against Contingent Fees. The Consultant warrants that he/she has
not employed or retained any company or person, other than a bona fide employee working for
the consultant; to solicit or secure this agreement; and that he/she has not paid or agreed to
pay any company or person other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from
the award, or formation of this agreement. For breach or violation of this warranty, the City
shall have the right to annul this agreement without liability, or at its discretion; to deduct from
Exhibit"B"
Page 1 of 8
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36
EXHIBIT "B"
SPECIAL REQUIREMENTS
the agreement price or consideration, or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
Add the following to Section 10.0, Miscellaneous Provisions:
Section 10.10, Patent Rights. This agreement includes herein by reference applicable patent
rights provisions described in 41 CFR 1-9.1 regarding rights to inventions.
Add the following to Section 10.0, Miscellaneous Provisions:
Section 10.11, Endorsement. The responsible consultant/engineer shall sign all plans,
specifications, estimates (PS&E) and engineering data furnished by him/her, and where
appropriate, indicate his/her California registration number.
Add the Following to Section 10.0, Miscellaneous Provisions:
Section 10.12, Disadvantaged Business Enterprise DBE Requirements.
The City has established an Underutilized DBE goal for this Agreement of 1.25%.
1. TERMS AS USED IN THIS DOCUMENT
• The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business
concern owned and controlled by a socially and economically disadvantaged person(s) as
defined in Title 49, Part 26.5, Code of Federal Regulations (CFR).
• The term "Underutilized Disadvantaged Business Enterprise" or "UDBE." DBE classes that
have been determined in the 2007 Caltrans Disparity Study to have a statistically significant
disparity in their utilization in previously awarded transportation contracts. UDBEs include:
African Americans, Native Americans, Asian-Pacific Americans, and Women.
• The term "Agreement" also means "Contract."
• Agency also means the local entity entering into this contract with the Contractor or
Consultant.
• The term "Small Business" or "SB" is as defined in 49 CFR 26.65.
• The term "Department" means the "California Department of Transportation" or "Caltrans"
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the
performance of Agreements financed in whole or in part with federal funds (See 49 CFR
26, "Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs"). The Contractor should ensure that DBEs and other small
businesses have the opportunity to participate in the performance of the work that is the
Exhibit"B"
Page 2 of 8
727272A r�
EXHIBIT "B"
SPECIAL REQUIREMENTS
subject of this solicitation and should take all necessary and reasonable steps for this
assurance. The proposer shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and
controlled by DBEs.
3. SUBMISSION OF UDBE AND DBE INFORMATION
A "Local Agency Proposer UDBE Commitment (Consultant Contract)" (Exhibit 10-01) form is
included with required contract forms in Exhibit "G". The Consultant warrants that it has either
met the UDBE goal, or has demonstrated good faith efforts to meet the goal established for the
contract. Only UDBE participation will be counted towards the contract goal; however, all DBE
participation shall be collected and reported. Consultant shall submit a completed Exhibit 10-
01 form to City prior to commencing work.
A "Local Agency Proposer DBE Information (Consultant Contract)" (Exhibit 10-02) form is
included with required contract forms in Exhibit "G". The purpose of the form is to collect data
required under 49 CFR 26. For contracts with UDBE goals, this form collects DBE
participation by DBEs owned by Hispanic American and Subcontinent Asian Americans males
(persons whose origin are from India, Pakistan, Bangladesh, Bhutan, Maldives Islands, Nepal
or Sri Lanka).
4. DBE PARTICIPATION GENERAL INFORMATION
It is the Consultant's responsibility to be fully informed regarding the requirements of 49 CFR,
Part 26, and the Department's DBE program developed pursuant to the regulations. Particular
attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified
through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner,
as a vendor of material or supplies, or as a trucking company.
C. A UDBE firm not proposing as a joint venture with a non-DBE, will be required to document
one or a combination of the following:
1. The firm is a UDBE and will meet the goal by performing work with its own forces.
2. The firm will meet the goal through work performed by UDBE subcontractors, suppliers
or trucking companies.
3. The firm, prior to proposing, made adequate good faith efforts to meet the goal.
D. A DBE joint venture partner must be responsible for specific contract items of work or
clearly defined portions thereof. Responsibility means actually performing, managing, and
supervising the work with its own forces. The DBE joint venture partner must share in the
Exhibit"B"
Page 3 of S
727272.1
36
EXHIBIT "B"
SPECIAL REQUIREMENTS
capital contribution, control, management, risks and profits of the joint venture
commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a
DBE firm must be responsible for the execution of a distinct element of the work and must
carry out its responsibility by actually performing, managing and supervising the work.
F. The firm shall list only one subcontractor for each portion of work as defined in their
proposal and all DBE subcontractors should be listed in the bid/cost proposal list of
subcontractors.
G. A firm acting as the prime consultant who is a certified DBE is eligible to claim all of the
work in the Agreement toward the DBE participation except that portion of the work to be
performed by non-DBE subcontractors.
S. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in
the CUCP. If you believe a firm is certified that cannot be located on the database, please
contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.
Firms may call (916) 440-0539 for web or download assistance.
B. Access the CUCP database from the Department of Transportation, Civil Rights, Business
Enterprise Program web site at: http://www.dot.ca.gov/hq/bep/.
• Click on the link in the left menu titled Disadvantaged Business Enterprise
• Click on Search for a DBE Firm link
• Click on Access to the DBE Query Form located on the first line in the center of the
page
• Searches can be performed by one or more criteria
• Follow instructions on the screen
C. How to Obtain a List of Certified DBEs without Internet Access
D. DBE Directory: If you do not have Internet access, Caltrans also publishes a directory of
certified DBE firms extracted from the online database. A copy of the directory of certified
DBEs may be ordered at: http://caltrans-opac.ca.gov/publicat.htm
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS DBE
CREDIT, AND IF A DBE IS ALSO A UDBE, PURCHASES WILL COUNT TOWARDS THE
UDBE GOAL UNDER THE FOLLOWING CONDITIONS:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the
cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a
factory, or establishment that produces on the premises the materials, supplies, articles, or
Exhibit"B"
Page 4 of 8
727272.1
36
EXHIBIT "B"
SPECIAL REQUIREMENTS
equipment required under the Agreement and of the general character described by the
specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the
cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or
maintains a store, warehouse, or other establishment in which the materials, supplies,
articles or equipment of the general character described by the specifications and required
under the Agreement are bought, kept in stock, and regularly sold or leased to the public in
the usual course of business. To be a DBE regular dealer, the firm must be an established,
regular business that engages, as its principal business and under its own name, in the
purchase and sale or lease of the products in question. A person may be a DBE regular
dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt
without owning, operating or maintaining a place of business provided in this section.
7. STANDARD AGREEMENT FOR SUBCONTRACTOR/DBE PARTICIPATION
1. Subcontractors
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation
between the City and any subcontractors, and no subcontract shall relieve the Consultant
of his/her responsibilities and obligations hereunder. The Consultant agrees to be as fully
responsible to the City for the acts and omissions of its subcontractors and of persons
either directly or indirectly employed by any of them as it is for the acts and omissions of
persons directly employed by the Consultant. The Consultant's obligation to pay its
subcontractors is an independent obligation from the Agency's obligation to make
payments to the Consultant.
B. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall
contain all the provisions stipulated in this Agreement to be applicable to subcontractors.
C. Consultant shall pay its subcontractors within ten (10) calendar days from receipt of each
payment made to the Consultant by the Agency.
D. Any substitution of subcontractors must be approved in writing by the Agency's Contract
Manager in advance of assigning work to a substitute subcontractor.
2. Disadvantaged Business Enterprise (DBE) Participation
A. This Agreement is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs."
Firms who obtain DBE participation on this contract will assist Caltrans in meeting its
federally mandated statewide overall DBE goal.
B. If the contract has an underutilized DBE (UDBE) goal, the Consultant must meet the UDBE
goal by committing UDBE participation or document a good faith effort to meet the goal. If a
UDBE subconsultant is unable to perform, the Consultant must make a good faith effort to
replace him/her with another UDBE subconsultant, if the goal is not otherwise met. A UDBE
Exhibit"B"
Page 5 of 8
727272.1
46
EXHIBIT "B"
SPECIAL REQUIREMENTS
is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following
groups: African Americans, Native Americans, Asian-Pacific Americans, or Women.
C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to
participate in the performance of agreements financed in whole or in part with federal
funds. The Consultant, sub-recipient or subconsultant shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this Agreement. The Consultant
shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration
of US DOT- assisted agreements. Failure by the Consultant to carry out these
requirements is a material breach of this Agreement, which may result in the termination of
this Agreement or such other remedy as the recipient deems appropriate.
D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions
of this section.
3. Performance of DBE Consultant and other DBE Subconsultants/Suppliers
A. A DBE performs a commercially useful function when it is responsible for execution of the
work of the Agreement and is carrying out its responsibilities by actually performing,
managing, and supervising the work involved. To perform a commercially useful function,
the DBE must also be responsible with respect to materials and supplies used on the
Agreement, for negotiating price, determining quality and quantity, ordering the material,
and installing (where applicable) and paying for the material itself. To determine whether a
DBE is performing a commercially useful function, evaluate the amount of work
subcontracted, industry practices; whether the amount the firm is to be paid under the
Agreement is commensurate with the work it is actually performing; and other relevant
factors.
B. A DBE does not perform a commercially useful function if its role is limited to that of an
extra participant in a transaction, Agreement, or project through which funds are passed in
order to obtain the appearance of DBE participation. In determining whether a DBE is such
an extra participant, examine similar transactions, particularly those in which DBEs do not
participate.
C. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost
of its Agreement with its own work force, or the DBE subcontracts a greater portion of the
work of the Agreement than would be expected on the basis of normal industry practice for
the type of work involved, it will be presumed that it is not performing a commercially useful
function.
4. Prompt Payment of Funds Withheld to Subcontractors
A. No retainage will be held by the City from progress payments due the prime Consultant.
Any retainage held by the prime Consultant or subconsultants from progress payments due
subconsultants shall be promptly paid in full to subconsultants within 30 days after the
subconsultant's work is satisfactorily completed. Federal law (49 CFR26.29) requires that
any delay or postponement of payment over the 30 days may take place only for good
cause and with the City's prior written approval. Any violation of this provision shall subject
Exhibit"B"
Page 6 of 8
7z7z7z.G
4
EXHIBIT "B"
SPECIAL REQUIREMENTS
the violating prime consultant or subconsultant to the penalties, sanctions and other
remedies specified in Section 7108.5 of the Business and Professions Code. These
requirements shall not be construed to limit or impair any contractual, administrative, or
judicial remedies, otherwise available to the prime consultant or subconsultant in the event
of a dispute involving late payment or nonpayment by the prime consultant, deficient
subconsultant performance, or noncompliance by a subconsultant. This provision applies to
both DBE and non-DBE prime consultant and subconsultants.
B. Any subcontract entered into as a result of this Agreement shall contain all of the provisions
of this section.
5. DBE Records
A. The Consultant shall maintain records of materials purchased and/or supplied from all
subcontracts entered into with certified DBEs. The records shall show the name and
business address of each DBE or vendor and the total dollar amount actually paid each
DBE or vendor, regardless of tier. The records shall show the date of payment and the total
dollar figure paid to all firms. DBE prime consultants shall also show the date of work
performed by their own forces along with the corresponding dollar value of the work.
B. Upon completion of the Agreement, a summary of these records shall be prepared and
submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business
Enterprise (DBE), First-Tier Subcontractors," CEM-2402F (Exhibit 17-F, Chapter 17, of the
LAPM), certified correct by the Consultant or the Consultant's authorized representative
and shall be furnished to the Contract Manager with the final invoice. Failure to provide the
summary of DBE payments with the final invoice will result in 25% of the dollar value of the
invoice being withheld from payment until the form is submitted. The amount will be
returned to the Consultant when a satisfactory "Final Report-Utilization of Disadvantaged
Business Enterprises (DBE), First-Tier Subcontractors" is submitted to the Contract
Manager.
C. Prior to the fifteenth of each month, the Consultant shall submit documentation to the
Agency's Contract Manager showing the amount paid to DBE trucking companies. The
Consultant shall also obtain and submit documentation to the Agency's Contract Manager
showing the amount paid by DBE trucking companies to all firms, including owner-
operators, for the leasing of trucks. If the DBE leases trucks from a non-DBE, the
Consultant may count only the fee or commission the DBE receives as a result of the lease
arrangement.
6. DBE Certification and Decertification Status
If a DBE subconsultant is decertified during the life of the Agreement, the decertified
subconsultant shall notify the Consultant in writing with the date of decertification. If a
subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant
Exhibit"B"
Page 7 of 8
727272.1
4 � ,
EXHIBIT "B"
SPECIAL REQUIREMENTS
shall notify the Consultant in writing with the date of certification. Any changes should be
reported to the City's Contract Manager within 30 days
Materials or supplies purchased from DBEs will count towards DBE credit, and if a DBE is also
a UDBE, purchases will count towards the UDBE goal under the following conditions:
A. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the cost of the
materials or supplies will count toward the DBE participation. A DBE manufacturer is a firm
that operates or maintains a factory or establishment that produces on the premises the
materials, supplies, articles, or equipment required under the Agreement and of the general
character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 % of the cost of
the materials or supplies toward DBE goals. A regular dealer is a firm that owns, operates
or maintains a store, warehouse, or other establishment in which the materials, supplies,
articles or equipment of the general character described by the specifications and required
under the Agreement, are bought, kept in stock, and regularly sold or leased to the public in
the usual course of business. To be a regular dealer, the firm must be an established,
regular business that engages, as its principal business and under its own name, in the
purchase and sale or lease of the products in question. A person may be a regular dealer in
such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without
owning, operating or maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any
supplementing of regular dealers' own distribution equipment, shall be by a long-term lease
agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers,
manufacturers' representatives, or other persons who arrange or expedite transactions are
not regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular
dealer, will be limited to the entire amount of fees or commissions charged for assistance in
the procurement of the materials and supplies, or fees or transportation charges for the
delivery of materials or supplies required on the job site, provided the fees are reasonable
and not excessive as compared with fees charged for similar services.
END OF EXHIBIT "B"
Exhibit"B"
Page 8 of 8
727272.i
EXHIBIT "Cl
CITY'S REQUEST FOR PROPOSALS
CITY'S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE
727272.1
CITY OF PALM SPRINGS, CA
NOTICE INVITING PROPOSALS FOR RFP#05-11
AGUA CALIENTE CULTURAL MUSEUM ROAD AND DRAINAGE IMPROVEMENTS
CITY PROJECT NO. 09-04
FEDERAL AID PROJECT NO. PLHDL06-5282 (032) & HPLUL-5282 (033)
NOTICE IS HEREBY GIVEN that the City of Palm Springs is soliciting proposals from qualified
firms to provide required professional services (including environmental services) to prepare
plans, specifications and estimates ("PS&E"), and turn-key construction inspection and
administration services for implementing the Project. The Project generally consists of the
construction of certain street and storm drainage improvements in Hermosa Drive.
City Project 09-04 is made possible by Public Lands Highways Discretionary ("PLHD") Program
and SAFETEA-LU DEMO funding being coordinated through the California Department of
Transportation, Federal Project No. PLHDL06-5282 (032) & HPLUL-5282 (033).
PROJECT LOCATION: Hermosa Drive, from Tahquitz Canyon Way to Baristo Channel.
SCOPE OF SERVICES: The scope of work will consist of the preparation of Environmental
Documents and Technical Studies and all other related documents and/or reports to comply
with applicable local, state and federal regulations, policies, procedures, manuals and standards
necessary to obtain CEQA/NEPA environmental approvals; preparation of Plans, Specifications
and Estimates (PS&E) for the Project; and turn-key construction inspection and administration.
The Project will be divided into the following three phases:
Phase One: Environmental Approval & Project Development
Phase Two: Engineering Design (Plans, Specifications and Estimates [PS&E])
Phase Three: Construction Administration
DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS: As this project is
funded in part by the U.S. Department of Transportation (DOT), the selected firm's final contract
is subject to applicable provisions of the State of California, Department of Transportation
Disadvantaged Business Enterprise (DBE) Program Plan as it relates to local agencies. The
DBE Program Plan is based on U.S. Department of Transportation (DOT), 49 CFR, Part 26
requirements.
It is the policy of the City of Palm Springs to ensure that DBE's, as defined in 49 CFR, Part 26,
have an equal opportunity to receive and participate in DOT-assisted contracts.
OBTAINING RFP DOCUMENTS AND ADDENDA. The RFP document may be downloaded
via the internet at www.paimspringsca.gov (go to Departments, Procurement, Open Bids &
Proposals), or by calling the Office of Procurement and Contracting at (760) 322-8373. Upon
downloading the RFP via the internet, contact Cheryl Martin, Procurement Specialist I, via email
at Cheryl.Martin@paImspringsca.gov to register as a firm interested in this project. Failure to
register may result in not receiving addenda to the RFP.
EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been
developed in the Request for Proposals (RFP) format. Accordingly, firms should take note that
multiple factors as identified in the RFP will be considered by the Evaluation Committee to
determine which proposal best meets the requirements set forth in the RFP document. PRICE
IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA. The City reserves the right
to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will
be made by the Palm Springs City Council. The selected firm will be required to comply with all
insurance and license requirements of the City.
RFP#05-11
Page 1 of 13
4
DEADLINE: All proposals must be received in the Procurement and Contracting Office, 3200
E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME, THURSDAY,
OCTOBER 21, 2010. The receiving time in the Procurement Office will be the governing time
for acceptability of Proposals. Telegraphic and telephonic Proposals will not be accepted.
Reference the RFP document for additional dates and deadlines. Late proposals will not be
accepted and shall be returned unopened.
Marcus L. Fuller, P.E., P.L.S.
Assistant Director of Public Works/
Assistant City Engineer
September 9, 2010
RFP#05-11
Page 2 of 13
CITY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS (RFP)#05-11
AGUA CALIENTE CULTURAL MUSEUM ROAD AND DRAINAGE IMPROVEMENTS
CITY PROJECT NO. 09-04
FEDERAL AID PROJECT NO. PLHDL06-5282 (032) & HPLUL-5282 (033)
Requests for Proposals (RFP #05-11), for professional services related to the Agua Caliente
Cultural Museum Road and Drainage Improvements (City Project #09-04) for the City of Palm
Springs, CA, (hereinafter the "RFP") will be received at the Office of Procurement & Contracting,
3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME,
THURSDAY, OCTOBER 21, 2010. It is the responsibility of the respondent to see that any
submittal sent through the mail, or any other delivery method, shall have sufficient time to be
received by this specified date and time. The receiving time in the Procurement Office will be
the governing time for acceptability of RFP submittals. Telegraphic, telephonic, faxed or
emailed RFP submittals will not be accepted. Late RFP submittals will be returned unopened.
Failure to register as a Respondent to this RFP process per the instructions in the Notice
Inviting Requests for Proposals (under "Obtaining RFP Documents") may result in not receiving
Addenda or other important information pertaining to this process. Failure to acknowledge
Addenda may render a submittal as being non-responsive. We strongly advise that interested
firms officially register per the instructions.
1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from
qualified professional firms to provide the City with environmental and civil engineering design
services related to the Agua Caliente Cultural Museum Road and Drainage Improvements (City
Project#09-04), Federal Aid Project No. PLHDL06-5282 (032) & HPLUL-5282 (033) (hereinafter
the "Project"). The selected firm will be expected to provide required professional services
(including environmental services) to prepare plans, specifications and estimates ("PS&E"), and
turn-key construction inspection and administration services for implementing the Project.
The Project is made possible by funding through two federal earmark grants awarded
specifically to the Agua Caliente Cultural Museum ("ACCM"), a 501(c)(3) not-for-profit
organization interpreting the history and culture of the Agua Caliente Band of Cahuilla Indians
and other Cahuilla peoples. The ACCM was successful in obtaining Congressional approval of
a Public Lands Highways Discretionary ("PLHD") Program earmark to develop and enhance
public access to the new Agua Caliente Cultural Museum to be constructed at the southeast
corner of Tahquitz Canyon Way and Hermosa Drive (2006 PLHD Earmark #3677, FIR 3058,
Public Law 109-115). The ACCM was also successful in obtaining Congressional approval of a
High Priority Project earmark to develop road and signage improvements to the new Agua
Caliente Cultural Museum from the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users ("SAFETEA-LU"), (2009 SAFETEA-LU HPPP# 3792 (DEMO ID 716),
Public Law 109-59).
RFP#05-11
Page 3 of 13
The ACCM requested the City to act on its behalf to receive the federal aid funds awarded to it
by Congress for its use. Pursuant to a Memorandum of Understanding between the ACCM and
City, the City will receive the federal aid funds and coordinate the project. All federal aid funds
programmed on local agency projects are coordinated through the California Department of
Transportation ("Caltrans"), and the selected firm will be expected to provide all necessary
coordination with Caltrans required to successfully implement the Project through all phases of
work.
The selected firm will be required to demonstrate adequate experience coordinating federally
funded projects through Caltrans — District 8 (San Bernardino/Riverside counties), including the
time and personnel commitments required to pursue federal environmental approvals with
Caltrans District 8 staff. Staff from the selected firm assigned to work on this Project must have
relevant experience with Caltrans District 8, including knowledge of and experience with the
Caltrans Local Assistance Procedures Manual and other related guidelines.
SCHEDULE:
Notice requesting Proposals posted and issued ............................................. September 9, 2010
Deadline for receipt of Questions....................................... Monday, October 11, 2010, 3:00 P.M.
Deadline for receipt of Proposals............................... Thursday, October 21, 2010, 3:00 P.M.
Short List/ Interviews/Technical & Cost Proposals ............................................to be determined
Contract awarded by City Council....................................................................... to be determined
2. BACKGROUND: The Agua Caliente Cultural Museum ("ACCM") has received two
federal earmarks related to a new cultural museum to be constructed at the southeast corner of
Tahquitz Canyon Way and Hermosa Drive. The ACCM, a 501(c)(3) not-for-profit organization,
is unable to directly receive federal aid funds awarded to it by Congress. Federal aid funds
distributed to agencies within California are disbursed first to the state's Department of
Transportation ("Caltrans"), and subsequently received by the sub-recipient for use as
specifically intended. Typically, the sub-recipient is a state or local agency, however, in this
case the ACCM is the sub-recipient and is prevented from receiving the federal aid funds
directly from Caltrans. Pursuant to a Memorandum of Understanding ("MOU"), the ACCM and
City have agreed to allow the City to act on its behalf as the sub-recipient of its federal aid
funds, and to coordinate the federal aid project to benefit the new cultural museum.
One federal earmark (2006 PLHD Earmark #3677, HR 3058, Public Law 109-115), was
originally proposed for "Planning and Engineering of roadway, interpretive signage, drainage,
vehicular parking areas, and appurtenant structures and facilities." As indicated in the FY 2005
PLHD Program project application submitted by the ACCM, the Project Purpose and Benefits
are: "This project will develop and enhance public access to the new Agua Caliente Cultural
Museum (ACCM). A native cultures museum focused on interpreting the history and culture of
the Agua Caliente Band of Cahuilla Indians and other Cahuilla and Native peoples, the ACCM
will be a place of both local and national significance; a place to teach new generations of the
rich cultural history of the region. This project will enhance leased Indian land to create a world-
class museum, providing economic development and community enhancement for the City of
Palm Springs and the surrounding Southern California area. With these funds we will be able to
create road improvements, parking and access necessary for the public to enjoy this facility and
its programs." The ACCM originally requested $750,000 in PLHD funds, and was ultimately
awarded $630,791 on July 12, 2006. The City successfully obligated these funds on September
30, 2009.
RFP#05-11
Page 4 of 13
4
A second earmark (2009 SAFETEA-LU HPPP# 3792 (DEMO ID 716), Public Law 109-59), was
originally proposed for "Road and Signage Improvements, southeast corner of Tahquitz
Cannyon Way and Hermosa Drive, Agua Caliente Museum, Palm Springs." Congress awarded
approximately $450,000 in DEMO funds to the ACCM. The City successfully obligated these
funds on June 15, 2010.
The ACCM has received City approval of its new cultural museum to be constructed at the
southeast corner of Tahquitz Cannyon Way and Hermosa Drive, however, construction of the
new museum has been postponed by the ACCM until full funding for the museum is
established. However, non-use of the two federal earmarks would cause the funds to lapse,
making them unavailable for the ACCM's use to benefit the future museum. Therefore, in
coordination with the ACCM, the City is moving forward to make use of these federal aid funds
to benefit the future museum. By formal action by the ACCM Board of Directors, the ACCM has
approved the use of these funds for the design and construction of an off-site storm drain
system (defined as Palm Springs Line 9 of the Master Plan of Drainage for the Palm Springs
Area) extending in Hermosa Drive from the Baristo Channel to Arenas Road, including off-site
street improvements in Hermosa Drive, all as necessary to provide flood control protection and
a drainage outlet for, and public access to the new museum.
Therefore, in collaboration with the ACCM Board of Directors, the final agreed scope of work for
this project is identified as:
• Hermosa Drive Street Improvements (east half, Tahquitz Canyon Way to Arenas Road; full
width, Arenas Road to Baristo Road)
• Palm Springs Storm Drain Line 9 Improvements (650± feet of 48" RCP [Q10=85 cfs] —
Baristo Channel to Baristo Road; 650±- feet of 30" RCP [Q10=45 cfs] — Baristo Road to
Arenas Road)
• On-Site Parking Lot and Drainage Improvements (construction of parking lot area [exact
scope to be determined during PA&ED Phase], and extension of on-site storm drainage
improvements for use by the future museum)
Palm Springs Storm Drain Line 9 is part of the City's Master Plan of Drainage, administered by
the Riverside County Flood Control & Water Conservation District ("RCFC"). Plans for Line 9
will require review and approval by RCFC. The portion of the Master Plan of Drainage showing
Line 9 is shown on Figure 1.
Special Note: The final agreed scope of work as outlined above may not be consistent with the
way the two federal earmarks have been programmed and obligated by Caltrans. The selected
consultant will be required to provide all assistance and coordination necessary with Caltrans to
ensure the federal funds are appropriately reprogrammed consistent with federal regulations in
order to use the funds in the best way possible for future use by the museum. The selected
consultant will be required to ensure that the ACCM Board's approval of the use of these funds
for design and construction of an off-site storm drain system, including street improvements for
Hermosa Drive, and related on-site parking lot improvements for the future museum, are
coordinated with Caltrans District 8 staff, and programmed appropriately with Caltrans and the
Riverside County Transportation Commission in the Federal Transportation Improvement
Program. There have been certain restrictions on the use of both federal earmarks as
currently obligated by Caltrans, and the City will require the selected consultant to verify
programming requirements for the federal-aid funds, and to coordinate programming
changes to ensure the final agreed scope of work for the project is eligible under
associated federal guidelines.
RFP#05-11
Page 5of13
49
As a federally funded project, the Project requires environmental clearance pursuant to both the
California Environmental Quality Act ("CEQA") and the National Environmental Policy Act
("NEPA"). The City is the Lead Agency with regard to CEQA, and the Federal Highway
Administration ("FHWA") has delegated its authority for NEPA to Caltrans. The selected firm
will be required to provide professional services necessary to obtain CEQA and NEPA
approvals. Given the scope of the Project, it is anticipated that the Project will require a
Categorical Exclusion ("CE") in accordance with CEQA regulations; and CE in accordance with
NEPA regulations. The selected consultant will be required to adequately document findings to
support a CEQA CE pursuant to state law, and to support a NEPA CE as required by Caltrans
pursuant to federal law.
The ACCM previously developed preliminary plans for an on-site and off-site storm drain system
to benefit the new museum, which will be made available to the selected consultant for its use in
developing the project. Although preliminary plans were previously developed by the ACCM's
own consultant, the City's selected consultant will be required to develop its own preliminary
plans and to obtain environmental approvals prior to completing final design of this project.
3. SCOPE OF WORK:
The scope of work will consist of the preparation of Environmental Documents and Technical
Studies and all other related documents and/or reports to comply with applicable local, state and
federal regulations, policies, procedures, manuals and standards necessary to obtain
CEQA/NEPA environmental approvals; preparation of Plans, Specifications and Estimates
(PS&E) for the Project; and turn-key construction inspection and administration. The Project will
be divided into the following three phases:
Phase One: Environmental Approval & Project Development (EA&PD)
Phase Two: Engineering Design (Plans, Specifications and Estimates [PS&E])
Phase Three: Construction Administration
Please refer to Attachment 1 for a General Scope of Work for each phase of the Project.
Phase Three services (construction administration) may or may not be included in the final
consultant contract recommended for approval by the City Council.
Note: The City's budget for the EA&PD and PS&E phases of this project is$100,000.
4. PROPOSAL REQUIREMENTS:
Disadvantaged Business Enterprise (DBE) Requirements:
As this project is funded in part by federal funds, the selected firm's final contract is subject to
applicable provisions of the Caltrans Disadvantaged Business Enterprise (DBE) Program Plan
as it relates to local agencies. The DBE Program Plan is prepared in accordance with U.S.
Department of Transportation (DOT), 49 CFR, Part 26 regulations.
Firms replying to this RFP shall review the Notice to Proposers — Disadvantaged Business
Enterprise Information (Exhibit 10-1), included as Attachment 2 to this RFP. Additionally, firms
should review the Caltrans Local Assistance Procedures Manual ("LAPM"), Chapter 10
"Consultant Selection", to be aware of the Caltrans regulations and requirements if being
selected for the Project. The City will be utilizing the "One Step RFP" process as identified in
RFP#05-11
Page 6 of 13
J �
the Chapter 10 of the LAPM, which is available on the Caltrans website at:
http://www.dot.ca.gov/hq/LocaIPrograms/lam/prog_p/p10consult.pdf.
It is the policy of the City of Palm Springs to ensure that DBE's, as defined in 49 CFR, Part 26,
have an equal opportunity to receive and participate in federal-aid contracts. It is also the City's
policy:
• To ensure nondiscrimination in the award and administration of DOT-assisted contracts.
• To create a level playing field on which DBE's can compete fairly for DOT-assisted
contracts.
• To ensure that the City's annual overall DBE participation percentage is narrowly tailored, in
accordance with applicable law.
• To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted
to participate as DBEs.
• To help remove barriers to the participation of DBE's in DOT-assisted contracts.
• To assist the development of firms that can compete successfully in the market place
outside the DBE Program.
DBE's and other small businesses are strongly encouraged to participate in the performance of
Agreements financed in whole or in part with federal funds (See 49 CFR, Part 26, "Participation
by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs"). Firms submitting a proposal in reply to this RFP should ensure that DBE's and
other small businesses have the opportunity to participate in the performance of the work that is
the subject of this solicitation and should take all necessary and reasonable steps for this
assurance. Firms shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of its subcontracts.
Firms are encouraged to use services offered by financial institutions owned and controlled by
DBE's.
The City of Palm Springs has established an Annual Anticipated DBE Participation Level
(AADPL), which is the level of participation that the City would expect DBEs to achieve in the
absence of discrimination and the effects of past discrimination on federal-aid contracts
awarded by the City in a given Federal Fiscal Year(FFY).
The City of Palm Springs operates under a state-wide DBE Program administered by Caltrans.
Effective February 27, 2009, Caltrans implemented the race-conscious component of its DBE
program. Federal-aid contracts will contain varying percentages of Underutilized
Disadvantaged Business Enterprises (UDBE) participation goals that selected firms will be
required to meet or, alternatively, perform a good-faith effort to meet as a condition of award of
a contract. Under the race-neutral component of the program, Caltrans will continue to
encourage the use of DBEs. Only UDBEs will count toward the contract participation goal.
For Fiscal Year 2009/2010, the City's total DBE participation level is 2.63%. The race neutral
portion is 1.38% and the race conscious portion (UDBE) is 1.25%. Therefore, if portions of the
work required by the Project are not assigned by sub-contract to DBE or UDBE firms equal to or
exceeding the participation levels, the selected firm will be required to demonstrate that
appropriate good faith efforts were made.
A "Local Agency Proposer UDBE Commitment (Consultant Contracts)" Exhibit 10-01 form and
a "Local Agency Proposer DBE Information (Consultant Contracts)" Exhibit 10-02 form will be
RFP#05-11
Page 7 of 13
J1
included in the Agreement documents to be executed by the successful firm. A copy of these
forms is included as part of the City's standard Professional Services Agreement (see
Attachment 5). The purpose of these forms is to collect data required under 49 CFR, Part 26.
Even if no DBE participation will be reported, the successful firm must execute and return the
forms.
Firms replying to this RFP are advised to read more about the Caltrans race-conscious DBE
Program by visiting the Caltrans DBE website at:
www,dot,ca.gov/hg/LocalPrograms/DBE _CRLC.html.
General Requirements:
The firm's proposal should describe the methodology to be used to accomplish each of the
project tasks. The proposal should also describe the work which shall be necessary in order to
satisfactorily complete the task requirements.
Please note: this RFP cannot identify each specific, individual task required to successfully and
completely implement this project. The City of Palm Springs relies on the professionalism and
competence of the selected firm to be knowledgeable of the general areas identified in the
scope of work and to include in its proposal all required tasks and subtasks, personnel
commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not
approve addenda to the selected firm's agreement which do not involve a substantial change
from the general scope of work identified in this RFP.
Important Note: Firms replying to this RFP must be knowledgeable of the processes and
procedures to obtain CEQA/NEPA environmental approvals through Caltrans District 8. In
submitting a Proposal, firms must recognize that project delays are expected to occur, and the
selected firm will be expected to remain committed to the successful completion of the Project,
despite potential delays related to obtaining NEPA environmental approval of the Project
through Caltrans District 8.
5. SELECTION PROCESS: The City of Palm Springs is utilizing a Qualifications Based
Selection process to select a firm to provide the services requested by this RFP. The City shall
review the proposals submitted in reply to this RFP, and a limited number of firms may be
invited to make a formal presentation at a future date. The format, selection criteria and date of
the presentation will be established at the time of short listing. Preparation of proposals in reply
to this RFP, and participation in any future presentation is at the sole expense of the firms
responding to this RFP.
6. PROPOSAL EVALUATION CRITERIA: This solicitation has been developed in the
"Request for Proposals" (RFP) format. Accordingly, firms should take note that the City will
consider multiple criteria in selecting the most qualified firm. Price is NOT evaluated as part of
the evaluation criteria. Cost proposals submitted in separate envelopes are not opened, nor
considered during proposal evaluations. Upon selection of the most qualified firm, the
associated cost proposal will be used as a basis for contract negotiations. A contract shall be
negotiated on the basis of the submitted Cost Proposal, and in consideration of reasonable and
mutually agreed project costs and time requirements.
An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all
responsive submittals to this RFP. The Evaluation Committee may request formal
presentations/interviews from the short listed firms at a future date of which the format and
RFP#05-11
Page 8 of 13
r�
presentation evaluation criteria shall be provided at the time of short listing. Participation in
any phase of this RFP process, including the interview phase is at the sole expense of
the firms replying to this RFP. The City shall NOT be responsible for any costs incurred by
any firm in response to, or participation in, this RFP.
Firms are requested to submit their qualifications submittals so that they correspond to and are
identified with the following specific evaluation criteria:
A. Project Understanding (25 POINTS):
The firm's proposal adequately demonstrates an understanding of the Project and
familiarity with the project area; familiarity with federally funded projects, related
requirements, and processing projects through Caltrans District 8.
Note: Firms should not simply restate the information contained in this RFP; this
evaluation criteria requires that the proposal identify "critical issues" to the Project, identify
an approach to resolving any critical issues, and otherwise provide additional information
regarding the Project which supports the firm's ability to perform if selected.
B. Scope of Work(25 POINTS):
Proposed approach to the Project including the expected time commitment of key
personnel, technical approach to the Project, and the emphasis placed on project phases.
Note: As this RFP has identified a General Scope of Work, evaluation criteria requires
that the proposal identify a detailed scope of work to successfully implement the Project.
The detailed scope of work must be identical to the format in which the Cost Proposal has
been submitted — each sub-task must be identified in the firm's separately sealed Cost
Proposal with a corresponding fee.
C. Staff Qualifications (25 POINTS):
Qualifications of the staff assigned to manage and provide services related to the Project;
experience with federally funded projects, related requirements, and processing projects
through Caltrans District 8.
Note: This evaluation criteria requires that the proposal identify specific experience with
federally funded projects coordinated through Caltrans District 8. Relevant experience
must be demonstrated.
D. Firm Qualifications (15 POINTS):
Past experience with projects related to the outlined Scope of Work; experience with
federally funded projects, related requirements, and processing projects through Caltrans
District 8.
E. Project Schedule (10 POINTS):
Thoroughness and reasonableness of the project schedule with emphasis on processing
requirements through Caltrans District 8; ability to maintain the project within the selected
time frame.
7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that
responses correspond directly to, and are identified with, the specific evaluation criteria stated in
Section 6 above. The submittals must be in an 8 '/2 X 11 format, may be no more than a
total of thirty (30) pages (sheets of paper, double sided), including an organization chart,
RFP#05-11
Page 9of13
Q
staff resumes and appendices, and cover letter. NOTE: Dividers, Attachments included in this
RFP to be submitted with the proposal, and Addenda acknowledgments do NOT count toward
the 30 page limit. Interested firms shall submit EIGHT (8) copies (one original plus seven
copies) of its submittal by the deadline.
All submittals shall be sealed within one package and be clearly marked, "RFP #05-11,
REQUESTS FOR PROPOSALS FOR AGUA CALIENTE CULTURAL MUSEUM ROAD AND
DRAINAGE IMPROVEMENTS". Submittals not meeting the above criteria may be found to
be non-responsive.
Within the package shall be included two envelopes, a "Technical Proposal" and a separately
sealed "Cost Proposal".
Envelope#1, clearly marked "Technical Proposal", shall include the following items:
At a minimum, firms must provide the information identified below. All such information shall be
presented in a format that directly corresponds to the numbering scheme identified here.
SECTION A: PROJECT UNDERSTANDING
A.1 Without reciting the information regarding the Project verbatim as contained in this RFP,
convey an understanding of the intent of the Project and an understanding of the City's
expectations upon implementation of the Project.
A.2 Identify "key" or "critical" issues that may be encountered on the Project based on the
firm's prior experiences; provide steps to be taken to ensure the issues do not affect the
successful delivery of the Project.
A.3 Discuss processing federally funded projects coordinated by Caltrans District 8 and
generally convey an understanding of why Caltrans District 8 is involved and the partnering role
the City and Caltrans have with the Project.
SECTION B: SCOPE OF WORK
B.1 Provide a detailed technical scope of work identifying all tasks and sub-tasks required to
successfully implement all phases of the project. The outline of tasks and sub-tasks must be
thorough and complete, and will be used as the scope of work included in the selected firm's
contract.
Special Note: The detailed technical scope of work outline must be identical to the outline of
tasks and sub-tasks on the Cost Proposal (submitted in a separately sealed envelope). This is
to ensure that the final agreed contract has a scope of work and payment schedule which
correlate to one another.
SECTION C: STAFF QUALIFICATIONS
C.1 List the name and qualifications of the key staff/team members that will be assigned to
the Project. Provide detailed qualifications of the Project Manager that will be assigned to the
Project.
RFP#05-11
Page 10 of 13
C.2 List specific and relevant experience for the key staff/team members assigned to the
Project with federally funded projects coordinated by Caltrans District 8. Detailed project
information, including dates project started and completed, federal aid project number, local
agency contact information, Caltrans Local Assistance staff contact information, and other
appropriate supporting information shall be provided.
SECTION D: FIRM QUALIFICATIONS
D.1 List the firm's complete name, type of firm (individual, partnership, corporation or other),
telephone number, FAX number, contact person and E-mail address. If a corporation, indicate
the state the corporation was organized under.
D.2 List the name and title of the firm's principal officers with the authority to bind your
company in a contractual agreement.
D.3 Describe the firm's background and qualifications in the type of effort that this project will
require, specifically identifying experience with federally funded projects coordinated by Caltrans
District 8 for other public agencies.
DA Indicate the name of any sub-consultant firms that will be utilized to make up your team.
Describe each sub-consultant's background and specific expertise that they bring to the Project.
SECTION E: PROJECT SCHEDULE
E.1 Provide a thorough project schedule identifying all tasks and sub-tasks identified in the
detailed scope of work submitted with the Proposal, showing a schedule to deliver the Project in
consideration of all reasonable and expected time frames necessary to coordinate the Project
through Caltrans District 8. The schedule should include all phases of the project, including
construction administration. For purposes of consistency between schedules, firms shall
assume that a Notice to Proceed is issued to the firm on January 3, 2011.
DEADLINE FOR SUBMISSION OF PROPOSALS: All submittals must be received in the City
of Palm Springs, Office of Procurement and Contracting by 3:00 P.M., LOCAL TIME,
THURSDAY, OCTOBER 21, 2010. Proof of receipt before the deadline is a City of Palm
Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the
firms replying to this RFP to see that any submittal sent through the mail, or any other delivery
method, shall have sufficient time to be received by the Procurement Office prior to the proposal
due date and time. Late submittals will be returned to the firm unopened. Submittals shall be
clearly marked and identified and must be submitted to:
City of Palm Springs
Division of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Craig Gladders, C.P.M., Procurement& Contracting Manager
QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are
specifically directed NOT to contact any city employee, commission member, committee
member, council member, or other agency employee or associate for any purpose related to
this RFP other than as directed below. Contact with anyone other than as directed below
WILL be cause for rejection of a submittal.
RFP#05-11
Page 11 of 13
Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING
and directed ONLY to:
Craig Gladders, C.P.M.
Procurement & Contracting Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
via FAX (760) 323-8238
or via EMAIL: Craig.Gladders@palmspringsca.gov
Interpretations or clarifications considered necessary in response to such questions will be
resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is
3:00 P.M., Local Time, Monday, October 11, 2010. Questions received after this date and
time may not be answered. Only questions that have been resolved by formal written Addenda
via the Division of Procurement and Contracting will be binding. Oral and other interpretations
or clarifications will be without legal or contractual effect.
FORM OF AGREEMENT: The selected firm will be required to enter into a contractual
agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance
with the standard Professional Services Agreement (see Attachment 3). Please note that
Exhibits A, C, D E, and F are intentionally not complete in the attached document; (Exhibit B is
completed and includes all appropriate federal regulations to be included in the Agreement).
These exhibits will be negotiated with the selected firm, and will appear in the final Professional
Services Agreement executed between the parties. Requested changes to the Professional
Services Agreement may not be approved, and the selected firm must ensure that the attached
document will be executed.
Failure or refusal to enter into an Agreement or to conform to any of the stipulated requirements
in connection therewith shall be just cause for an annulment of the award.
AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide
all of the services identified in the RFP document. However, the City reserves the right to
award a contract to multiple Respondents or to a single Respondent, or to make no
award, whichever is in the best interest of the City. It is anticipated that award of the
contract will occur at the next regularly scheduled City Council meeting after the evaluation
committee has made its final selection of the firm to be recommended for award and a contract
has been negotiated and agendized for consideration. The decision of the City Council will be
final.
RESPONSIBILITY OF OFFEROR: All firms responding to this RFP shall be responsible. If it is
found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP
without an authorized signature, falsified any information in the submittal package, etc.), the
submittal shall be rejected.
PUBLIC RECORD: All documents submitted in response to this solicitation will become the
property of the City of Palm Springs and are subject to the California Code Section 6250 et seq.,
commonly known as the Public Records Act. Information contained in the documents, or any
other materials associated with the solicitation, may be made public after the review process
has been completed, negotiations have concluded and a recommendation for award has been
RFP#05-11
Page 12 of 13
56
officially agendized for City Council consideration, and/or following award of contract to a
specific firm, if any, by the City Council.
COST RELATED TO SUBMITTAL PREPARATION: The City will NOT be responsible for any
costs incurred by any firm responding to this RFP in the preparation of their submittal or
participation in any presentation if requested, development of any technical proposal if
requested, or any other aspects of the entire RFP process.
BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the
City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96,
entitled "Business Tax".
SUBMITTAL INFORMALITIES OR DEFECTS: The City of Palm Springs reserves the right to
waive any informality or technical defect in an RFP submittal and to accept or reject, in whole or
in part, any or all submittals and to seek new RFP's, as best serves the interests of the City.
INVESTIGATIONS: The City reserves the right to make such investigations as it deems
necessary to determine the ability of the firms responding to this RFP to perform the Work and
the firm shall furnish to the City all such information and data for this purpose as the City may
request. The City reserves the right to reject any submittal if the evidence submitted by or
investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out
the obligations of the Contract and to complete the Work contemplated therein.
SIGNED SUBMITTAL AND EXCEPTIONS: Submission of a signed submittal will be
interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and
conditions set forth in all of the sheets which make up this Request for Proposals, and any
attached sample agreement. Exceptions to any of the language in either the RFP documents
or attached sample agreement, including the insurance requirements, must be included in the
submittal and clearly defined. Exceptions to the City's RFP document or standard boilerplate
language, insurance requirements, terms or conditions may be considered in the evaluation
process; however, the City makes no guarantee that any exceptions will be approved.
RFP#05-11
Page 13 of 13
Figure 1
Palm Springs Storm Drain Line 9
Hermosa Drive, Arenas Road to Baristo Channel
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RFP#05-11
Figure 1
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EXHIBIT "D"
CONSULTANT'S PROPOSAL
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lylluil4 ;E , RFP No 005M11 Fot;
ullti r CALIENTE CULTURAL Hvs.cum ROAD AND DRAINAGE IMPROVEMENTS
Art.') I'lwji- r No. PLHDL06-5282 ('032) & HPLUL-5282 (033)
October?1, 2010
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140 axle Street,
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Corona,CA 92880 WIC
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DMC 11,5ilgx Croup, Inn.
Maple Centre law
1,111)N, Maple St„Suite 10 is
Corona, Cat q` 1CI
DESIGN G
October 21,2010
City of Palm Springs
Diviiion of Procurement and Conti-acting
3200 E.`I"ahcluitz Canyon Way
Palm Springs.CA 92262
RE Proposal — RFP #05-11 Agua C ahente Cultural Museum Road and Drainage Improvements,
City Project No.09-04,Federal Aid Project No.P[...I)Ld6-5281(032)&HPLUT, 282(0 3)
ATI tom: Craig Gladders,Cw.p.M„Procurement&Contracting Manager
Dear Mr,Gladders:
DMC Design Group, Inc. has assembled a highly skilled and experienced team of professional engineers,
managers,designers,technicians and coordinators capable of providing cost-effective professional engineering;
and"as-receded"support services required to design and prepare construction documents(plans, specifications
and estimates) and construction management services for proposed roadway, storm drain and parking loT
improvements to Hennosa I>ive(Tahguitx Canyon.Way to the llaristo Channel)in the City of Palna Springs.
In the execution of our assignments,DMC embraces the followving,principals ofvalne ett�;inecring
• Assign a project AAmgger and tt,chide al stg)lmrt,viq t l)o,5sevv,vttperi()r qualrfrc ation s dirc ctry relevant to
the prnjeet;
• Maintain con inuit y of our Prr feet Team throughout the life of a project',
• Develop strict prgject spec is quality control measurev erred enforce those measures throughout tlw,life ot'the
pt.c j('c't_ ..
• C:'atrtttturriccrte c:ffectively eat all levels within our organization, with the Citv's Project Team and with outside
revkcwit'ag?per,tritting agencies;
• Coorelinate desigm disciplines, calculations cmeiana sis:
• Conducl dhnrough site investigations to verb ull field conditions;
• Imple ment a rr anagentent approach that erpsa sex t/te rtxrc+jec t ix cctrrtplt tee cart sc°frc:dtrlc and as ithin budget.
y embracing these principals to projects over the last ten(1.0)years DMC has completed designs and prepared
PS&E's for over $10 000 000 in ptxCilit inWrovemmnty for agencies in aoWhern C°crli ornia udth;Leas than I
in contract chaq e order costs.
David M.Cotper,P.E.will be assigned the Project Manager and Construction Manager responsibilities for this
project. 11e is currently the Principal Engineer for DMC, with over tweno-s'e i en (77)y'ean of experience in
designing and preparing PS&E's for municipal improvement projects for cities, counties, and special districts
throughout southern. California, Mr. Cosper has,an extensive background as the Project Manager responsible
for the design, preparation of construction documents and construction management of roadway, storm drain
and parking lot improvements for numerous public agencies,including the cities of Palm Springs, La Qui►ata,
Moreno Valley,N(Tc€..Lake Forest,Chino Mills, Colton,Brawley, Barstow and C:°aliniesa,and the counties of
II`Dhf{•.2101C1.M(167(I n OH)AiA!"'I'M`iS A(Y A(13E.,"11:4.17t_S't{@1:i1..,h1Y.'Sty.€}!1=`:klC'v)Am)DRANAGENIROPOl At:4Q COVER I..k C"Sl:,1ZJ.M)(.
1 ��
October 21,20 10
E'a ge.2
Riverside, Los Angles and Orange, with an impressive record of successfully identifying and attaining all
project objectives quickly and effectively. Mr. Casper was the Project Manager for the following
roadway/storm drain improvement projects:
N Mesquite Avenue Roadway/Line 21 and 22 Stonn Drain Improvements(Palm Springs,CA);
I.os Serranos Infrastructure Improvements(Chino Bills,CA);
I-lanwer Avenue Roadway/Line 9-E Storm Drain Improvements(Norco,CA);
Uike Forest Drive Drainage Improvements(take Forest,CA);
fic cock Street Improvements(Moreno Valley,CA),
Calimesa Boulevard Corridor Improvements(Calimesa,CA);
M Vista.Chino Road/Sunri, Avenue Intersection Improvements(Palm Springs,CA);
Alessandro Boulevard Stree,t Improvements(?Moreno Valley,CA).
Other key members of our Project Team proposed for this project include:
DM(`Design Group, Inc. Drain Parking Loi DeWpvA5&E Dorztment sr'C; t
. Joshua D.Cx)sper,P.E ,P.I..,.S.—Project Engineer(1.2 years)
• Revs Zolghadr,P.E.---C'altrans Liaison Officer(25 years)
Frank A.A.rtigzt,P. '-,P.L.S.---Survey Manager(15 years)
i'.V 'Worki(Frivironi rental Clearance)
Danielle Griffith- -Environmental Team Leader(10 years)
Diaz Yourinan amlAssoc;iales(DBE C'ert#led l'trni -,5torin drain(;Votechnical:5111)p rb
Sonadevan 1Niranjan,G.E,,P.E.-----Geotechnical Manager(9 years)
MA-C-41(C'1t217n.spection Sulyxir t Seiis ice )
W Rick Aspril- Senior Public Works Inspector
Mr. Casper will be DMC's contact person for the remainder of the consultant selection process and will be
responsible for signing all contract documents between the City and DMC. Mr. Cosper is located at the
fallowing address:
DMC Design Group,Inc.
140 North Maple Styr 4 Suite 104
Corona,CA 9288
l le can be contacted at 951-549-8100 Ext.706.
e look forward to working with the City of Palm Springs on the design, preparation of PS&E's and
construction management of proposed roadway, storm drain and parking lot improvements to the Hermosa
Drive('Fahquitr Carryon Way to Baristo Channel)in the City of Palm Springs. Should you have any questions
or concerns regarding DMC's qualifications,do not hesitate to contact us.
Sincerely,
DMC Design Group,Inc.
David M.Casper,P.L.
Principal Engineer
_.._.. _.... ..._.._. ................ ..._ ...... -- ........_.__.... _.... ..... _ 6
-� 2
TABLE OF CONTENTS
City of Palm Springs SECTION A: PRcaJE r UNDERSTANIHNG.......... ...............................A
Intracfrtefion............................ 4
Proposal, ' Background......_...................................................................... ............4
• City0l jectives................................... .......................... 5
1CFP 905-11 Technical Issues.... ........
Agua Caliente C:ultuml Museum ReadlDrainage InTrtwerrrents Proposed hrr.rovemeants........ . 5
(.pity Project No. 0:-04
►'mica!
d''ertical/fforiaintal Ali Xnrnent cY Storm Drain Line, ......
F' earca::irl l'realc e:t No. d'I:I/Ord,F3 w & c ftl'LC.?l<-5?A 2 3 1 C'altraw Local Ax.visrance Procedures ..8
October 21.20 ,C'r,ONB: Sc€err.()rworxK..................................... 9
• Work Plan..................................................... 9
Phase 1—Errs=ire n mental Approvalll'r(�eYct I)e ve:lopment........ 9
Phrase 2_Engineering Design.... ................................. ... . .I I
-' Phase }light-of Ic?v S�>r�rG e� ... .... 13
Phase d Q fruclion Adrninkiralion(C.Ipdonalt ..............13
k%C°' )M C. "r' r r C., &C 'tb........».........
t1ntrmiuetiorr.......... „».,, ..:.. . .............. 16
. Key D'W'Project Tetrrn c „ I6
3112M
c p ,
1 3tt , It �V...... 1". .... ............... 1 l
1'earrr Resumes18
�t.'doYPal C'hrrrt »......' I
RelevaW Prrject Experience M. ................................. 20
Federal Aid Project E perienve ..,,.„.: ... <C1
P,oject Kxperlene Suminar'v,Slit.>` is
1 A9e.vquite AverYrYe fniprovenrerats : ....... ......... ........'1
2. LwSerrano frrfras uotu ea Cm, "ovenienIs........... .. .........?2
3. Hainner Avenue lnr rove inerng„M... .. ............. .23
4, kake Forest Drive brainage Amprovements .....,21
5. �acock trggf,-Improvements .......25
6. Csalirnesu ou c*d C o,-ridor f4t rovenrents ..................26
Vista China VMmrise Avt,Intttrvection Imprcrs„ements..27
S-Fruonv D: Fitlrr r pcu*.-A ,N��:.—. ,...««:...--....... ...:........ .............28
. ,...Fit-in Mfvrinatiun.,• . .'".....................r. ....................... , .. . ....... .. ....3c5'
. C"orporai`e(eieer r' ..... .... ..........2N
• Proposal Contact, . . ....... .......28
Corporate Financia$Conditk*....... ................... .. . . .28
78
... ..... 9
..................
• .SuhcrarrsuCtartts .... �...,. , .,. . �'
.TECTfUr E. �,t A trl ...................y<.......... ....................».........30
• Artac°hrnent A Signature Authorization
• Attachment B—De:barrnent and Suspension C:'ert0carion,
• Aclele'nduni No, I Certrf cation
• Addenadunf,Vo. 2(.'ertific^ation
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VN
&X Wov A: PRM U,-r
Our Project Team has thoroughly reviewed the City of Palm Spring's Request for Proposals 405-11
Agua Caliente Cultural Museum Road and Drainage Improvements City Project No. 09-04, Federal Aid
Project No, PlAIDL06-5282 (032) & 11PLUL-5283 (033) for professional services required to obtain
environmental clearance, design and prepare construction documents (PS&E's), and provide turn-key
construction inspection and administrative services for the construction of street and drainage
improvements to I lerniosa Drive in the City of Palm Springs, DMC Design Group, Inc. (DV(') also
thoroughly' reviewed Addendum. No. 1, issued October 5, 2010, and Addendum No. 2, dated October 11.
2010. and incorporated their requirements and clarifications into this proposal. Members of our Project
'Yearn conducted numerous site visits between September 15,2010 and October 20, 2010. DAK.'rnet with
the counter staff of Riverside County Flood Control and Water Conservation District to review existing
record plans and available hydraulic data of the Baristo Channel, Finally. specific questions regarding
the proposed project requirements were directed to Mr. Craig Giadders, C.P.M,, Procurement &
Contracting Manager for the City of Palm Springs Division of Procurement and Contracting. It is our
understanding the City intends to construct the following improvements:
2(a rqvementy
Widen the easterly side of 140mosa Drive from Taliquitz Canyon Way sdoth to Arenas Road(approximately
650 feet);
Extend Hermosa Drive from Arenas Road south to Baristo Road(approximately 69,0 fieet).
Palm Springs Storm Drain Line frorn Baristo Road to existing drainage improvements at Baristo Channel
(approxi mately 1,3 10 f"t),
On-site parking lot ft�r the Ague Calientc Cultural Museum(ACCM), located at the southeasterly quadrant of'
Taliquitz Canyon Way and Hermosa Drive (exact scope of the parking lot will be dqtcmined during the
Project Approval and Environmental Document(PAM"p)phase,-
Extension of on-site storm drainage irnprovemeits for use by tild'ACCNI.
B4(,KGAYXhW
Recently, the ACCM received $1,080.791 in funding for dw ACCM from thc:?,following two (2) federal
sources:
5630,791 - 2006 Public Lands Ilighway Discretionary (PLI,ID)(Earmark # 3677 HR 3058, Public,
Law 109-115).
S450,000-2009 Safe, Accountable, Fltxible,Efflicielit Transportation Equity Act- A Legacy for
Users(SAFETEA-LU)(11PPP4 3792—DEMO ID 716, Public Law 109-59)
The ACCM has been approved by the City of Palm Springs,; for construction-, however, the ACCM has
delayed construction of the ACCM until all funding for the ACCNI has been acquired, 'I'o avoid losing
the earmarks outlined above, the City of Palm Springs, in coordination with the ACCM, is moving
forward with the design and construction of necessary roadway and drainage improvements to I lermosa
Drive,as previously outlined,
'fhe final agreed scope of work,as outlined above,may not be consistent with the way the two(2) federal
earmarks have programmed and obligated by, Caltrans. It will be necessary to appropriately reprogram
these earmarks through Caltraris District 8 and Riverside County Transportation Commission in the
Federal Transportation Program, consistent with federal regulations, specifically for the design and
constniction of off-site storm drain improvements and associated street improvements to l,iermosa Drive
and related on-site parking and drainage improvements for the future museum.
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4
64
S DESIGIVORf"
,51XTIONA.'
It is understood the City of Palm Springs is seeking a full-service consulting Firm capable of completing
the following Scope of Services for this project:
* Ehvironmentcd Documents an(I TechnicalStuclies—Environmental clearance pursuant to the California
Environmental Quality Act (CEQA) and the National 1 nvirorunvntal Policy Act (NEPA) necessary to
achieve a Categorical Exclusion (Cl.-',) in accordance with CEQAfN,� EPA.
* Desizn/Preparation of Construction Documents — Design./preparation of accurate and cost-effective
project plans, specifications and estimates of proposed roadway, storm drain and parking lot
improvements consistent with the requirements and standards of the City of Palm Springs, RCFC and
the Federal Highway Administration.
* Consiruction Administration — Tum-key construction management, inspection and testing services
required to construct the proposed roadway, storm drain and parking lot improvements in compliance
with the approved PS&E's and within the approved timeline/budget for this project.
* Cq_1irqn_s_QJjvt�ivt 8�A)or&yty(fton -- Coordinate through Caltrans, District 8 project documents and
procedures required to obtain ruMirom-rental. Clearance for this project. approval of construction
documents arid achieve authorization to receive bids for the project to award a contract. It is further
understood that the City will require the consultant to verify programming requirements for the federal-
aid funds and to coordinate programming changes to ensure the final agreed scope of work for tile
project and is eligible under the asgociat44,;Oidelines,
* Riverside County Flood Control District Coordinaligi? — Palm Springs Storni Praiin Line 9 is part of
the City's Master Plan of Drainage, ad"W"isteml by the Riverside County Flood:Control District and
Water Consmq,� District' Thcrcfor� it i tm t 'the' design and construction documents
prepared for the Palm Springs Stoirm,Draiti, Line, impWvenients will need to be submitted to the
RCFC for review and approval.
To demonstrate our4horough understanding of the City's requirements for this project and our abilities to
complete this project on time, within budget, and to the standards anticipated by the City, D;1K." and its
Project Team have',identified
identified a ri amber of techfilcal issues associated with the proposed project that will
require special attentioq,by the Proj%Ot,'Team 4wing,the design phase of this project, The Project Team.
with its expert skills,"Tictice and knoWle4e,' will develop viable and cost-effective design solutions
for each of these issues.,
Proposed Improve mena
Based upon our field evaluation of the project site and a thorough review of the Request for Proposals,
the following improvements to He Drive and int :*ting streets will be required to meet the full
objectives of the ACCM and the City of Palm Springs:
&adNKayLLq1p1ovci1iq,m§
General Romchvcry Improvements:
I, Widen the easterly side of Hennosa Drive from Tahquitz Canyon Wky south to Arenas Road
(approximately 650 feet);
Extend Hermosa Drive from Arenas Road south to Baristo Road(approximately 690 feet).
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51-X 17ONA: PRWT)I :"T UNDEKSI:4NDI G
Additional Recommended Ro adw v Im1wovements:A. Baristo Load Into<rsection11211
Remove existing PCC cross gutter on the easterly leg of Baristo
Road and Hermosa Drive and install catch basins to the proposed
Storm Drain !.line 9;
Remove and replace existing curb ramps on the southeasterly and
southwesterly corners of the intersection and replace with ADA- � "
compliant curb ramps;.
Install roadway widening improvements to the northerly side of the
westerly leg of Baristo Road, including ADA-compliant curb ramps yl
on the northeasterly and northwesterly corners of the intersection.
B. Arenas Rrrard Inic rsc ction
Remove existing PCC cross gutter on the we*rf . leg of Arenas
Road and Hermosa Drive and irtst ll catch basins to the " sec
9'
Storm Drain Line 9;
Remove and replace existing curb ramp and spandrel on the.
northwesterly earner of the intersection;
Install ADA-compliant curb ramps at the northeasterly,
southeasterly and southwesterly corners of the intersection; '
Install the easterly intersection leg of Arenas Road to the BU C's.
of the curb ramps (if Arenas Road is to be extended to the•east
from I Iermosa Street),.
C", Tahguitz Ca)Dti I et}._nt rs ctit st
Remove and replace existing PAC cans gutter and spandrels on the
southerly leg of the, intersections;
- Remove existing;,handic4p a ss rat° ps,,aU the southeasterly and "
southwesterly eo' of the int tion and replace with,ADA-
Compliant curb raattps.
General,Stoma Drain Improvements
A, Install approximately 1,310 feet of RCP storm drain improvent ts;�''ranging in size trom 48-inch
diameter to 3 -inch diameter,'frci�n Arenas Road south to the Baristo Channel..
,,W(litional Recornm nded Storm Drain Improvements:
A. Install new catch basins and laterals at the intersection of Arenas
Road and I Iennosa Drive;
B. Install new catch basins and laterals at the intersection of Baristo Road and Hermosa Drive;
IRE
C. Install additional in-line catch basins on both sides of Hermosa
Drive between Baristo Road and Tiffany Circle;
D. Remove existing large catch basins on Math sides of Hernrtosa.Drive at Tiffany Circle and replace
with smaller catch basins, and install new driveway improvements to both sides of Flerrnosa Drive at
Tiffany Circle.
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§.&jp jj .np r yeyncnt,5
General,5ile Improvements
L The on-site parking lot for the ACC-M, located at the southeasterly quadrant of Taliquitz Canyon
Way and Hermosa Drive (exact scope of the parking lot will be determined during the Project
Approval and Environmental Document(PA&ED)phase;
2. Extension of on-site storm drainage improvements for use by the ACCM.
The recommendations outlined above are very preliminary and subject to design and funding
limitations. however, it appears that if these improvements are installed, the flow of traffic along
Hermosa Drive and its intersecting streets would be greatly enhanced
Pertical Corade
The vertical grade difference between the AC surface of the
intersection of Hermosa Drive/Baristo Road and the ground
immediately adjacent to 0e,,northerly side of Baristo Road is
approximately four (4) f profile of I-len-nosa Drive
between Arenas Road and Bari goad will require a four (4) foot
drop in elevation to match the,.qxi4`i'A#,gr4des of the AC surface at
the intersection of Hermosa Drive and Baristo Road. DMC wiltgather sufficient topographic surveys
along this portion of Hermosa Drive to 4116*the evaluation oflWyer6l vortical alignment alternatives and
to identify potential impacts each alignm6 may ha've,such as.'
0 The location of,the cut grades in relation to the chain link fencing approxin"y twelve (12) fact,
high along the easterly side of fiermosa'Drive;
. The proper location of vertical curves to provide safe travel along Hermosa DriviAnd the elimination
of a"roller coaster"ride car this segment of Hermosa Drive;
X The efirnination/reduction of excess cut--,or fills,reducing project costs.
DAfC effectively used this approach to design the most appropriate vertical aligrin!ion't for the Heacock
Street it Project for the City Moreno Valley and the Hamner Avenue Improvement Project for
the City of Norco.
VerficallHorizontal Alignment of Storm Drain Line 9
The vertical and horizontal alignment of Storm Drain Line 9 should be eqtaWiAcd very early in the storm
drain design effort to ensure RCFCs minimum design standards areyWn aiiied, including a minimum
p
drain slope of 0.003. Based upon our recent project experience I storm
'to A` RC'FC drain facilities,*1 ' ng
this is best achieved by completing the following tasks:
0 Aii initial design coordination meeting with RCFC staff to confirm design requirements, review
process and to establish a"'go-to person"at RCFC;
0 Acquisition of all record information on existing storin drain facilities from RCFC and the City of
Palm Springs,specifically the invert elevation of the existing stone drain system at the proposed tie-
in point at Tiffiny Circle and Hermosa Drive;
a Acquisition and ploning of all accurate utility information Of utilities that will be affected by the
improvements, including water (Desert Water Agency), sewer (City of Palm Springs) and other dry
utilities within the project segment of Storm Drain Lice 9. This will require identification Of affected
utilities and a thorough coordination effort with these utilities to identify, accurately map potential
conflicts and notify the affected utilities of potential conflicts. This effort may require a utility
pothole effort to confirm actual utility, locations at potential conflicts, Once all conflicts have been
confirmed,coordinate relocation efforts until all conflicts have been resolved;
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7
D&SMN GRULM
&X'770NA. PR(YU INI)tw;
• Utilizing design flow rates proposed for Storm Drain 9. develop all accurate Water Surface Profile
Gradient (WSPG) model of the storm drain systems that meets RCFC requirements. The model will
be used to locate appropriate storm drain transitions and catch basin locations,while maintaining the
storm drains hydraulic gradient at acceptable levels to meet minimum RCFC design standards. 'I"his
information will he submitted to RCFC with plans to support the proposed vertical and horizontal
alignment of Storm Drain 9;
• Continuous coordination i-nectings with RCFC throughout the design and plan preparation stages.
D.W effectively used this approach to design the vertical and horizontal alignment and obtain RCFC
approval for the following RCFC facilities
• Storm Drain Line 21 in Palm Springs-,
• Storm Drain Line 22 in Palm Springs,
• Line E-3 Extension in Norco.
This approach was effectively u'sect to complete the design and obtain approval from the City of Chino
Ulills for the Los Serranos. Neighborhood Infrastructure Improvement Project for approximately 10,000
linear feet Of StOnn drain improvements,
Caltrans Local Ass&tance Procedures
It is understood that..certain restrictions axe on the use of both Weral earttibrks for this project, as
currently obligated by Caltrans. The City will require the selected consultant to verify programming
requirements for the federal4d funds and to coordirlaw programming changes to ensure the final agreed
scope of work fort -Jo ensure that this effort is
project is eligible under associated fedoral,�guidel felines-Jo
completed very early in the EA&PD phase of this project, DAYC intends to utilize tile experience and
skills of Mr. Reza Zolghadr as its Caltrans Liaison Officer to complete this task.I',fir, Zolghadr is a
licensed Civil Engineer in the State of California and has a Bachelor of Science Degree from Nevada
State University, K, to.
o. Since retiring from the City of Corona Publi,c.Work Department as a Senior
Engineer respoll,,;[Zefor,most of the City transportation related capital improvement projects, Mr.
Zolghadr has been;the responsible Project Manager for numerous transportation improvement projects
involving federal fwiding including interchanges,, bridies, street widening and rehabilitation, traffic
signals, utility rclocatid'41 storm drains and water/sewer imain improvements.
In addition to confirming the final project scope for this project, Mr. Zolghadrwill directly oversee and
coordinate DAK,,"s effort's to obtain project environmental clearance, design/construction document
approval and obtain any the necO ry authorizations from,the State, includiaglhe following activities:
• Conduct a preliminary investigation and complete the Pfelimilhalry Environmen.W Studies Form
WES);
• Conduct necessary required technical studies and prepare technical reportsfNEPA Documents and
submit to State for approval;
• Conduct a Field Review(ifnecessary), prepare Field Review Form and submit to State;
• Prepam ME Certification Checklist/Form,
• Prepare and submit to State for approval Right-of-Way/Utility Clearance Certifications;
• Prepare and submit to State Local Agency Construction Administration Certification (must receive
an Authorization to Proceed(F-76) form from the State prior to project advertisement,);
• After award of the prqject, prepare and submit to State for approval a Detailed Estimate, Finance
Letter, Award Checklist and Report on DBE Awards. (Dias is
L.s.�incurr(AiLit is-not&ULd iL,( yrtK W1 .
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w4will"tv
Based upon our current understanding of the project, DMC anticipates the project will bra completed in the following
four(4)phases:
• Phase I Frivironmental Approval and Project Development
• Phase 2-Engineering Design(Plans,Specifications and Estimates)
• Phase 3-Right-of-Way Services
• Phase 4Constniction Administration(Optional)
Phase I--Environmental Approval and Project Development
Task 1.01 Project Research DAX,7 will research all available City, utility company and other agency and
developer records, as necessary,to secure all relevant information required to identify,locate and accurately lay out
all improvements,utilities and easements,centerlines,right-of-way limits and private property lines.
Task 1.02 Initial Site Visit , Existing conditions and supporting improvements, such as pavement surface'
curb, gutter, sidewalks and driveways, access ramps, fences, structures and existing landscaping/irrigation systern
improvements will be inventoried within the project limits. Pictures/videos will be taken of the entire project area to
confirm existing conditions.
Task 1.03 Project Scope of Work Compliance -- DUC will meet with the Opropriate ACCM, Citly of Palm
Springs and Caltrans Local Programs officials to defincand achieve approv4pf the programming requirements for
the federal-aid funds oltlipted to this,,project and, to coordinate prograrnfflingr Chang es to ensure the final agreed
scope of work for the project is eligible under associated f ra gtfid lnesl,,
Task 1.04 Topographk Survey - DAIC will ''oordinase"With'tho City to obtain known survey data for this site,
DMC will complete'ah"accurate topographic suiwey of,the pa ct s�hel including the horizor4ial and vertical control
of all existing culture overhcad asid underground utilities, cWb, g4Wri, ramps, medians an&dtiveways, D.44('will
establish one (1) temporary bench mark at or hear"tVinte, ton' of Vista Chino Road and Farrell Drive for use
during construction.
Task 1.05 Base Map Development Ufiliz rg rpiearch docwnents and field survey data, Z41C will develop a
project area base rriip of the intersection at a scale oh"=20'(m&x.),accurately showing thoyerlical and horizontal
locations (where possible) of all existing right-of-way,lines, property lines, site culture, utilities and other potential
obstruction of the project site.
Task 1.06 Initial Utilitv Coordination DMC will identify and officially notil� 4?"Affected utility companies
providing services within the limits of the project intersections and request copies of utility reaps,plans, and records
ot'existing facilities. Field reviews will be conducted to locate and verify all surface dvidence ofexisting sub-surface
and overhead installations within the limits,of this project. All utility information obtained fforn its research effort
and field reviews will be plotted on tht'Bwe Map, DAIC will initiate the,development of a Utility Log of all future
correspondence with the affected utilities.
Task 1.07 Environmental Clearance Support Services - DMC, through PMC World (PA '), will complete the
following environmental clearance activities necessary to obtain a finding of Categorical Exemption and
Cf-'Q/V,NEPA environmental clearance for the project through Caltrans Local Assistance:
Ta9k 1,07,01 lli-4revl Initialion Prepare a detailed project description, including identification of the project
footprint and timing of construction, and an Area of Potential Effects (APE) Map for potential environmental
impacts that will accompany the PES. Mr. Zolghadr will coordinate with Caltrans as necessary the review and
approval of the APE Map.
Task 1.07,02 Preliminary Environmental Vudy - Coordinate, attend and facilitate a field review meeting with
Caltrans and conduct preliminary research to complete a Preliminary Environmental Studies(PES) Form consistent
with the Caltrans' Local Assistance Procedures Manual, Mr,Zolghadr will coordinate with Caltrans as necessary the
review kind approval of the PES Form.
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Task 1,07 03 Technical Stu dies—Prepare the following technical reports:
• fir Kqp_Qkajit�r, ort The federal Clean Air Act (CAA) establishes federal air quality standards, known as
, _- —
national ambient air quality standards(NAAQS),and specifies future dates for achieving compliance, ')'he CAA
mandates that the state submit and implement a State Implementation Plan (SIP) for areas not meeting these
standards (nonattainment areas). The primary air quality issue surrounding tile proposed road and drainage
improvement activities from the Baristo Channel to Arenas Road would be the consistency of these
improvements with both the 2007 Air Quality Management Plan (for ozone attainment)and Coachella Valley
?M;,)State Implementation Plan. For example,40 CFR Part 51 and Part 93 (Final Rule effective November 24,
1993)requires that federally supported activities must conform to the SIP,whose purpose is that of attairingand
maintaining the NAAQS. Due to the nature of the proposed project, it is not anticipated that the limited road
and drainage improvement activities would result in inconsistencies with the SIP. In order to demonstrate
conforinity,the report will show that the project will not result in any new violations of the. NAAQS, will not
impede or delay attainment of ozone and particulate matter standards, for which the Palm Springs region is
designated nonattainment,and will not increase the severity or frequency of existing NAAQS violations in the
area, -Pie evaluation to determine this includes an analysis of consistency with the 2007 Air Quality
Management Plan and Coachella Valley PMLO State frilpIpmontation Plan population and employment growth
projections, avoidance and minimization me'a'sur� to ad Tess project impacts, and incorporation of 2007 Air
Quality Management Plan and Cea InNal*y Plvlj,'Staid Implementation Plan land use planning strategies.
The project will require interagenoy'consultation with Coachella Valley Association ofGoverruilents for PMJO
(Deliverables.,.4ir Quality Cohfar'mity Menwrandtim),
• (7ultural RjQktLeeq;jt 'is It is anticipated'ithat this�; I& roject will qualify as a screened undertaking tinder the
e yg
provisions of Section 106 of the National Historic Preservation Act.; therefore, it,lis not anticipated that
preparation of any documentation to support Caltrans' issuance of a screened undert4king determination is
required(Deliverables. None anticipated).
• 8kIpSical &Wpqs_Analygs O W a N It is anticipated " atumi'En Owtimental Study (NES) will be the
appropriate document to prepare for Caltrans District In preparing the.NES, the following activities are
anticipated.
Preliminary office investigations will include various biological database searches, including a search of the
California 1(,atural Diversity Database (CNDDB), the California Native Plant Society's Electronic
Inventory,and the California Wildlife Habitat Relationships database;
A formal list of special-status species with potential to occur in the area will be request6d from tile US, Fish
and Wildlife Service (USFWS)to deve'lop,a comprehtrisive list of special-status species to be evaluated in
the N FS-MI
Biologists will coqsult with regulatory 4gencids,ond recogvixo experts with the California Department of
Fish and Game(C12,G)and the USFW9,as appropriator Burin preparation of the NFS;
Biologists will identify the location,composition an8 extent of sensitive plant corrmiunities(such as wetland
vegetation),the am-as that'May support noxiotts weeds,and the significant wildlife habitats shown within the
Area of Potential Effects(APE). 'Nis subtask includes one compwhensive site assessment to sufficiently
characterize the special-status plant,oo,mmW xp cies that have the potential to occur within the APE, to
snap all vegetation communities present, and to assess these vegetation communities, and the habitats
contained therein, for the potential to support special-status plant and animal species. During the site
assessment, PMC will identify all potential jurisdictional waters of the US. that could be impacted by the
proposed projects and determine whether a Wetland Delineation Report is warranted. PUC will also
identify migratory bird nesting habitat, including groundnesting birds within tile APE;
The habitat assessment described above will determine if protccol-level surveys are warranted;
If necessary, appropriate reduction measures for inclusion in the NES will be prepared. These strategies,
may include recommended best management practices (BMPs), construction timing, or limiting ground
disturbance in specific areas;
The results of the research and field surveys in the NES, according to Caltrans guidelines, Locations of
significant biological resources, including observations of special-status species and critical habitat will be
identified on an appropriate base map will summarized into a final NES report. 'rhe effects of the proposed
project on biological resources will be determined, with mitigation options, if necessary, briefly described
under this task(Deliverables: IV/:-,,5 Report),
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10
E5iCLH CLAM 7 0
SI�xT 10,,V B. S �OP OF l�l OR
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l baW, I Prelanti.n_ r Iia ardous._Nlaterial;s Analysis—A preliminary hazardous materials investigations for the
project site will be performed,including the following activities
A review of'the existing environmental documents provided;
A review of' publicly available and practically reviewable standard local, state or tribal and federal
environmental record sources;
A review of publicly available and practically reviewable standard historical sources, including aerial.
photographs and topographic maps: -
A reconnaissance of the study area and observation of adjoining properties;
Interviews with persons knowledgeable about land uses wihin the proposed alignment,
Preparation of a report summarizing findings,opinions and conclusions(Deliverablev: Phase 1 Hazardous
Materials Report),
• Draft/Fin 1.Initial Studv llssessrnent ISAy It is anticipated that upon completion of these activities„ a Caltrans
Initial Site Assessment(ISA)checklist will be completed,summarizing potential environmental concerns within
the project study-area. Mr.Zol.ghadr will review the Draft ISA report and submit it to Caltrans for review. The
Krafft ISA will be revised as necessary based upon Caltrans' comments to produce a Final ISA. (Deliverables:
Revi",of the Draft and Final Phase I Initial Site Assess»rent)'.
Task 1.07.0.1 Notice o•f Exemption ..Upon completion of the technical analysis, if it etermination that the project.
would have no significant impact on the environment, PMC will prepare a`Gtide of ftemption and file the notice
with the State Clearinghouse. This notice will serve as the CI QA documentation fpr the project(Deliverables: One
(1)P1)F cogv of the signed and statnpLd,'Valise�t, '' xeniptio }.
Task 1.07.05 Categorical Ltclusion -- Upon completion of the technical analysis and approval,by Caltrans, if the
determination that the prcajecl has no sigoiftcttnt impact on the.:envirot went is supported. PAIC will coordinate with.
Caltrans for the cbrnpletion and signature of.a Categorical ,Exclusion form, which will serve as the NI.'PA
documentation forthe project(Del(verabies,One''('1')PDF cop ra)'ihe,sig;ned('alegorival Exclusion form).
Phase 2—Engineering Design(P its, �pecl atloas and,wilt itess)
Task 2,01 Utility Coordination - DMC will continua: to coordinate +vith,the affected utilities companies by
completing the following activities:
• Maintain the Utility Log of all correspondence with'Utilities;
• Identify potential conflicts;
• As potential conflicts are identified throughout the design phase,coordinate with the affected utility agencies until.
the conflict is resolved;
• Provide notification letters with copies of tote plans will be sent,via return certified receipt, to the affected utility
agencies at the 80%complete, I tl0%complete and final stages.
Task 102 Utility Potholing-..Once specific conflicts have been identified,DVEC will prepare a Utility Pothole plan
that locates where utility potholes are to be completed. The Utility Pothole plan will be reviewed with the City for
approval prior to starting;any utility potholing activities. Once an approved Utility Pothole plan has been completed,.
DAK will coordinate with Saf r-Dig to complete the utility potholes identified on the.Utility Pothole plan. IDAIC will
follow-up the utility pothole activities with a survey of the utility potholes to vertically and horizontally locate each
of the potholed utility. This information will be shown on the final plans and will be used to design the final stone
drain alignment. Affected utilities will be provided the final Utility Pothole plans for use in relocating their affected
utility:. For the purpose of developing a cost for this task, DMC estimated ten (10) utility potholes are required for
this project, Additional potholes will be completed for the unit cost identified in the Cost.Proposal for this project.
Task 2.03 Geotechnical Investigation ---DHC will coordinate with Drat Yourman and Associates (DYA) to
complete up to six(6)borings approximately six(6) feet deep along;the proposed alignment of Storm Drain fine 9.
The material taken f;orn the borings will be lab evaluated to determine;the Sand Equivalence of the material. This
information will be submitted to RCI',C for review and approval as possible backfill material for Storm brain fine 9
Jul rovements.
�!„w ' 11
t?ESiC�H Gi „1 1
SET7 70N B: S(,'(X-'E OF WORK
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Task 2.04 Water Surface Profile Gradient(WSPG)Study—Utilizing Civil Design software,DAfC will develop a
WSPG model of the storm drain system to confirm that the hydraulic grade lines does not fall above the existing
roadway surface and catch basin inlet elevations. This information will be prepared in final report format and
submitted for review to the City of"Palm Springs and RCFC with the PS&E documents. The WSPG will be adjusted,
as necessary,to match the storm drain system vertical and horizontal alignments until the alignment is approved by
RCFC
Task 2.05 Plans,Specifications and Estimates(PS&Els)—DAfC will prepare clear,concise and accurate PS&E's
of the proposed roadway and traffic signal modification improvements. In general,the PS&E's wilt conform to the
City of Paini Spring's standards and practices.
ry,jk,� —D.44C will design and prepare construction plans that will be required for the proposed roadway
,and traffic signal modification improvements. Bawd upon our current understanding of the project, DAK' will
prepare the following plan sheets:
Description Lf�
• Title Sheet
General Note Sheet 1.
• Detail Sheets 2
• Roadway Improvement , and Profile Sheets 2
• Storm Drain Plan and Profile Sheets 4
• On-Site Parking tot/Drainage Plan y, I
• Striping and Signing Plan S)iect I
Total Sheets 12
Plans will be submitted to the,,-City and affedelb0i0es,0 review,'at the 80%complete, f00%,complete stage and
final screen check stye. DMC avid submit fbtrf.4)'6 ogbJu"*ntiyAh each su
bmittal,along with the previous
red-lined check prints, Commen receiyed,from the 6-ty V 11 be"'W' Orporated into the pladi;4 finat plans will be
submitted to the C6'bi W,Jar,wit sto"W*F"PlAba&Mirke&
Task 2,05.02 11 prepare theft llowing d uments fbr this ri ,W&:
. Detailed Project Description
W Bid Schedule
. Bid Item Descriptions
0 Payment Methods
. Special Provisions
4 Technical Specifications
The documents will be prepared inAMicrwit Word in Green Book format and submitted to the City for review at the
801Mb complete, 100%complete rage,and J�inal'screen check stage.
2-03.05 Estimates , DAK' will Prepare a comprehensive,list of,J>Jd hems, their quantities and unit costs, and the
probable cost of construction that will be submitted to the. City Mr review. The final construction cost estimate shall
be based upon and in agreement with the final estimated quantities shown on the bid sheet. The estimates will be
prepared in Excel format and submitted to the City for review at the 100% complete stage and final screen check
stage.
Task 2.06 Additional Site Visit(2) DAIC will complete the following site visits during this phase of this project!
• First Site PY01 - The first site visit will be conducted prior to the submittal of the 80%complete PS&Fs to the
City. The purpose of the site visit is to check field conditions with information shown on the plans.
• Second Site G101--The second site visit will be complete prior to submittal of the 100%complete 111S&E's. The
purpose of the second site visit is to conduct a constructability review and to confinn that all issues have been
addressed in the plans.
Task 2.07 Local Assistance Support Services — DAIC will provide the necessary support services to the City,
required to receive an Authorization to Proceed (E-76) prior to advertisement, including, but not limited to, the
following activities:
UW-
DCSIGN G*QWE
SPX-170-V& &'OPE014VORK
• conduct—Field Review(ifne—ces's-a--r-y),prepare Field Review Form and submit to State;
• Prepare PS&E Certification Checklist/Form;
• 11repare and submit to State for approval Right-of Way/Utility Clearance Certifications;
• Prepare and submit to State Local Agency Construction Administration Certification (must receive an
Authorization to Proceed(E-76)form from the State prior to project advertisement.),
Upon award of contract, DUC will prepare a Detailed estimated, Finance Letter (on City Letter Head). Award
Checklist and Report of DBE Awards for submittal to the City and State,
Task 2.08 RCFC CoordinationD,44C will coordinate,as necessary,with Riverside County Flood Control District
and Water Conservation District, to obtain the approval of the design and construction documents for the proposed
Storm Drain Line 9 improvements, including preparation of plans to be submitted to the RCFC for review and
approval on RCFC title block. Separate mylar of the proposed Storm Drain Line 9 improvements will be submitted
to the RCI�C for siViature upon approval of the plans by RCI`C and the City of Palm Sprhgs.
Task 2.09 Bid Support—DUC will assisMe,,C,#,4*ft*t,bio*q_.%,proccss by addressing questions regarding the
plans and specifications with written respoiviW(when required), the preparation and issuance of Project addenclums,
attendance at the pre-bid meeting to 4ddress questions by bidders, and attendance at the City Council meeting to
award the contract to address questions by Council Members.
Task 2.10 Constructiag, art DMC:will" IW&' City d4dol;c-qnstruction ph ast b providing the following
services:
• DA4C will assist fl*,.�.'-City during'the �tiiiction phase, by addf'6sIR"g questions ..ding the plans and
specifications tbrratgh'.Wri0en responses to KAU argil respo�ding to Conimcto 's roquest f*,v4rifications.
• [XVCwill prepare,record drawings for the City and kk'fair:'Storm fain Line 9 improve based on redlines
provided by the Contractor.
Phave 3-Rigin-of-fty Services
Task 3.01 Acquisitiod Documents (3)-D.41C will prepare up to three(3)complete sets ofitc4uisition documents
(legal description phi map) for all properties affected by the proposed project improvc=46'fiecessary to acquire
right-of-way.
Task 3.02 Right-of-'�a3 ,,"'Voor6inatiort-DMC will coordinate.with Caltratis,tho'BIA add,466 Tribe on all right-of-
way issues pertaining to, tli project, including the acquisition of necessary right-of-way required to complete the
project.
Task 3.03 Caltrans Right-of-Way Certification - DMC 'will prepare a rig hi-of-way certification form with
appropriate attachment and coordinate approval Caltrans approval of the prqjact,,Tigbt-of-way certification.
Phase 4-Construction Administration (Optional-Based UpdftfertO-five(45) Working DqjNs)
Task 4.01 Construction Management - DAK' will be responsible for overseeing all aspects of the construction
phase of this project, including the following tasks:
Tavk 4.01,01 Contract Administration - Provide contract administration in accordance with Caltrans District 8
policies forNsproject,including,but not limited to;
• Coordination with Caltrans Local Assistance for on-going construction activities and project closeout
requirements;
• Establishingftaintaining project controls and provide adminisarative,management and related services necessary
to coordinate the work of the Contractor and all sub-contractors in order to facilitate a timely completion of this
project in accordance with the contract documents and City objectives;
• Providing, managing, coordinating and ensuring timely completionlapprovals in response to all BFI's, shop
drawings,product data samples. Change Notices, Intent to File Change Notices and Construction Change Orders
................... ............ ......................................."
13
S DESIGNSiS
SF'C77(),vB: Scopi�,,oi;'Woj&
(C56 s),as well as review,negotiate and issue CCO's to the contractor and incorporate approved CCO's as they
occur,review,comment and recommend processing of invoices forprogress and final payments;
• Ensuring adequate inspection coverage for this project, coordinate and oversee the Project Inspectors, schedule
agency inspections, coordinate and schedule electrical, telephone and water services to the site, and assist the
contractor in obtaining all building permits and special permits for the improvements;
• Maintaining continuous 24-hour telephone accessibility during construction activities for emergency use;
• Ensuring the Contractor's work is consistent with the contract documents and guard the City against defects and
deficiencies in such work and regularly monitor actual costs"quantities with estimated costs and quantities;
• Ensuring that safety programs are developed by the Contractor and coordinate the safety programs forthis project;
• Consulting with the Design Consultant Team and the City regarding interpretation of plans and specifications;
• Addressing business owners and property owners concerns and inquiries:
• Observing the Contractor's check-out of utilities, operational systems and equipment readiness, and assist in the
initial start-up and testing.
Txk 4.01,02 ReportinglRecord Koeping,,�—IWC will document The Contractor's progress and compliance with
approved PS&Fs,including,but not limited to,the following activities:
• Maintaining project records;
• Documenting the contractor's daily work 01"161:5,
• Conducting interviews with prevailing wago,00viiance interviews;
• Comparing Certified Payrolls with inspection records, employee interview forms and the Prevailing Wage Rate
tables in order to verify proper payment;
• Maintaining cost accounting records;
• Providing documentation to the Contractor, City, etc. regarding all important issues, decisions and discussions
within three(3)working days:
• On a weekly basis,documenting/providing to the Design Engineer and the Contractor project progress rcports with
a weekly statement of working days and sent to Contractor,
• Evaluating progress of the Contractor and make recommendations to the City regard
ing final inspections and assist
the City in conducting final inspections,including the securing of guarantees,affidavits,reloses and waivers,
Tcuk 4,01,03 Meetings Conduct meetings to communicate the direction of this prqjW`Ahd idenlifylresolvt issues
as they are identified,including,,but not limited to,the following activities:
• Coordinating/participatinvlfacilitating in pre-construction contract award activities, including conducting a pre-
construction meeting and issuance,of'a,Notice to Proceed in accordance with the City's procedures;
• ITeparing agenda, conducting Nveekly on-site 'co°suction progress meetings and distribute the minutes of
meetings within three (3) working days. The purpose of these meetings will be to discuss procedures, progress,
V5
problems,scheduling and coordination and,other related projects.
DAK'will properly closeout the project and provide the City with record project
information,which includes,but not limited to,the following activities-,
• Delivering a final completed project to the City in compliance with the PS&E's;
Z�
• Coordinating the projects close-out, including obtaining necessary operation manuals, warranties, guarantees,
releases and warranty bonds FTom the Contractor and sub-contractor;
• Preparing a final status report for the project close-out, prepare a Staff Repoil for project acceptance and assist
with filing ot'Notice of Completion;
• Presenting City with a complete project clost-out file;
• Performing warranty walk within one(1)year of the Notice of Completion.
.......................
14
Sa-navk Scoip,,oi,,WORK.
Task 4.02 Inspection Services (Budget) — MA-CM Inc. (.VA-CH), through DMC, will provide the,necessary on-
site project inspection services for this project by its experienced inspectors. Many of its inspectors are retired
Caltrans.'Public Works inspectors, AY,4-Cain will assign the most qualified and experienced inspectors from its list
that have the demonstrated know-how of construction equipment, materials, methods, testing and workmanship for
this project. MA-CH's inspectors understand and interpret correctly the PS&E's and are familiar with the
Greenbook (Standard Specifications for Public Works Construction), Caltr-ans Standard Specifications, Riverside
County Flood Control design/construction standards,Riverside County Transportation design.1construction standards
and OSIIA Construction Safety Orders, While assigned to this project,MA-C.Vs inspectors will'
• Interact professionally with the Contractors, wb-contractors, engineers, property owners, business owners, City
representatives and the public at largm
• Coordinate with other City personnel;
• Prornote quality customer service;
• Respond promptly and courteously to requests.
Working under the direct supervision of the Congrurtioulll� !440k' slts to be completed by the assigned inspector's
typically include, but will not be limited.todiefollowing activities: '
• Review the PS Us thoroughly prior to the pre-construction meeting;
• Establish effective communi f' -iir*dies,and businessiproperty
0 ion with the Contractor,affected utilities and,otl
owners;
• Insure compliance wi#i1"thc,.PS&E's,,and such as the Contract. Traffic Control, Cal OSIIA
Standards,CCO'sj,PdWits,Standard Plans,checking line,grade,size,eleva ion,4&ation of'improvemenEs,etc.:
• Monitor extra wo
34
• Perforin project ov&sight for the ingnitoring of triiffia,wntrol, damage to infTastructuft and replacement of
infrastructure to Coy Standards,
• Attend the weekly construction meetings,
• Keep daily diaries (log), prepare Incident(accideiit) Deports tad take pictures of this project. 'A daily Inspection
Report identifying work done by the Contractor`Mall be submitt*4 to the Construction Manager on the next
business day for review and filing;
• Document all Contractor delays,reasons for delay. length of tiriie for delay and phases of work;
1• Monitor and provide supporting documentation on the personnel and equipment t*'4,I� involved with any extra
work performed by the d ' *tor;
• During the course of inspection and nionitoring ofthe work,'ifthe Project Inspector observes an unsafe situation,
he shall notify,the Contractor oft to'i", ion and provide written notification of such infraction to the Contractor,
If the Contractor refuses to com tlto Projgot Inspector.shall notify ft City, Construction Manager and Cal
OSHA,
• Measure and tabulate contact quantities,
• Review the Contractor's invoices,verify completeness of work and approve quantities;
• Prepare list items for correction(punch list)and prepare redlined as-builts plans.
XIA-CAY's inspectors will have access to a digital camera, vehicle and cellular phone for immediate contact by the
City,proof of a valid California license and proper vehicle insurance,
Task 4.03 Compaction and Materials Testing(Budget)—DYA,through DAIC, will provide as-needed compaction
and materials testing for this project. DYA is appropriately licensed and registered in the State of California to
perform these services.
S ...........................
15
DESIGNO,_ 76
........................................................ —--------
1WRMIOM
Incorporated since 1999. DAIC has developed a reputation for preparing quality design work on time and
within budget for a wide variety of municipal improvement projects involving roadwaylinteisection
widening, storm drains, raised landscape medians and traffic signal instal lation/modification improvements
for public agencies throughout southern California., including the cities of Palm Springs, Moreno Valley,
Norco, Temecula, Calimesa and Palm Desert, and the County of Riverside. Many of these successful
projects were completed under challenging and adverse conditions, requiring a complete understanding of
the local agency's design standards, criteria, and approval processes. Our expert knowledge of these
policies and guidelines has proven invaluable in producing project requirements on time and within budget.
Headquartered in Corona, California, DMC is conveniently located within sixty (60) ininutes of Palm
Springs, California. From our office location,.D.W.'can effectively provide our design,services to the City
of Palm Springs, as we have for many other public agencies and special districts throughout southern
California.
DAIC has assembled a core team Of, individuals with Viiii`441 19&`!!4,'0=WY0o, ...............
specialized skills and experience riec ary to address the Professional aac*ground of DeWdU
design needs for the proposed roadway and' storm drain
EAUON,
improvements proposed for the Agua DUC
Caliente Cultural W�P.A.,1992,PubficAdWnIstro"
Museum Road in the City of Palm Springs. Brief'bj*oJog'ica,l cwifomia stw univcr*,11
resumes follow for the senior staff members to be assigned &&I (yw'j*q#W,#g
to This project. (7omplete resunies,for these iit,dividuals ore.,
found in the Appendix of this prolyosal.
David M. Cosper,A E.—ProjectlConstrucli on aftag,
Mr. David M. Cosper has Over twerity-sever.(77):Yea A 4 f'
civil engineering experience. thirteen (13)years as.a Public
Works Director and City Engineer for a number of cities
throughout California, Ile has been the responsible Project
Manager for an extensive 'number of Od)ects.involving
roadway/intersection widening and, storm' drain'
improvements for the cities of Palm Spring's'. 'Moreno
Valley, Palm Desert, lei tq_o and Calim4#, and the County
of Riverside, including thelOillowing.,prof
":
6 Afesquite,4 venue Jmpro W46*51
a Los&rranus Afra5lructure I ments J!II
0 flamner A venue.Improvements
Lake,Foresl Drive Drainage lml)rovewents
I'leacock.51reet Improvements EDUCATION
E^g&w*iW Alessandro Boulevardll-215 Intersection HS,2006-(W, 11
Uniwrsity of Cafiftvrtiv,kv.u-*
ff
W''
(..'edime�va Boulevard Corridor Imi)rovements
Vista Chino RoadlSunriseAvenue Intersection
Improvements .00"4!
Cw"ia Regotxiiid
10
Joshua A Cosper, P.E.,P.L.S.--Project Engineer
C
Mr. Cosper has over twelve (12) years of progressively
responsible experience as a Project Engineer, Design
Manager, Land Surveyor. CADD Manager, Project Lead
Designer, CADD operator, field technician, and VI
construction inspector for a variety of public works
improvement projects involving roadway/intersection
. ..........
improvements with traffic signal
.....................
16
................
instal lation/modifications. Many of these projects included the preparation of special studies, development
and evaluation of alternative concepts, right-of-way mapping/documenta-tion, preparation of project specific
SWPPP/WQMP documents and the development of complete and accurate PS&E's for these projects for
cities, counties, school districts and special districts throughout southern Califomia, including the cities of
Palm Springs, La Quinta, Moreno Valley, Norco, Lake Forest, Calimesa, El Centro, Brawley and Barstow,
Los Angeles County, the Los Angeles Unified School District, the Niguel Shores Community Association
and the FAMD No. I cif Indian Wells, Mr, Cosper and his team of CARD designers and dratIsinen will be
responsible for developing accurate right-of-way documents, base sheets and construction plans ffor this
project, including the coordination of record/field survey data and preparation of special studies and the
designs for this project.
Frank A.Artlgt4 P.E.,P.LS.--Survey Manager
Mr. Artiga w ill be assigned the Survey Manager responsibilities and will be responsible for providing all
topographic and boundary Survey needs for this project. Mr. Artiga has over fifteen(15)years of experience in all
facets of topographic and boundary surveying, baw, rnappitig. and land development design, including
rough/preTise grading,street improvemvutg improvements and earthwork calculations for
public works projects and private devr He has been responsible for comprehensive topograp.hie/bonindary
surveys for most of these pr(}jccts.
Reza Zolghadr--Caltrans AWrictI Liftivoii weer
Mr. Zolghadr is a liven Civil Engineer in the State of Califomia and has a *,,bclor of Science Degree
from Nevada State U41*40sity, Reno.-Since retiring ftom,the City of Corona Pulp c Work Department as a
Senior Engineer responsible for most of the City transportation related caph4l irnprovement projects, Mr.
Zolgbadr has been,the responsible Project Mitnager for numerous transp6rtation improvement projects
involving federal funding involving interchanges, bridges, street widenio and rehabilitation,traffic signals,
utility relocation, storm drains and water/sewer main improvements. ,,Recent federal funded projects
involving District 8 Local Assistance include:
• 1-2151Cuelin Ave. htterchange Improvement Heacock P,Br4dge Rej)lae6nenl
(PSR) City of Mortrid Valley,CA
City of More-no Valley,CA
• SR WlMain St, Interckinge Improyements I-1541agn�lia A ve. IntArc*urige,IMI)rovenients
City of Corona,CA City of Corona,CA
• 1-151EI Cerrito Rd. Inlerchqage Itty2toveinews
City of Corona,CA
Working with. ana' Mr. Zolghadr's will utilize his expert
h the environmental consultant and the Project 10
knowledge of the review/approval process for federally funded projects gained through recently completed
projects to expedite the environmental and design approvals for this project.
D11C utilizes a team ot'experienced and highly skilled subconsultants to support its design effort in very
specialized areas that require specific expertise and knowledge. DMUs management approach and quality
requirements apply equally to its subconsultants. This approach strengthens the bind between our firm and
its subconsultants, and creates a seamless approach to providing a diverse and well-prepared Project Team
for this project.
PMC World(PAIC)—Environmental Clearance
P.V('was established in 1995 with a mission to provide planning,environmental and municipal services to public
agencies,special districts and public-oriented organizations. Since 1995, it has provided service to more than two
hundred and fifty(250) cities, counties and special districts throughout California. Headquartered in San Diego,
CA.P.AfiChas grown steadily to a firm consisting of over one hundred and eighty(180)employees working out of
17 77
S1,17770,V C:
nine (4)offices to California and the Pacific-Northwest. Environmental planning, project management and lead.
agency compliance with the California Environmental Quality Act (C E-Q.)A) and the National Environmental
Policy Act (NEPA) are some of the primary, municipal services provided by PW� 'WC is recognized as an.
innovative and responsible third party in the management of multi-jurisdictional programs and the preparation and.
processing of environmental assessments (EA's), negative declarations (ND's), mitigated negative declarations
(MND's), initial studies(IS's),environmental impact reports(EIR's)and other technical studies.
Danielle Cr°t ilh will be the Team Manager responsible for providing necessary environmental clearance and.
planning services required for this project, Ms. Griffith has over ten (10) years of progressively responsible
experience in land planning, environmental planning and analysis. She has experience in developing long
arid short term plans for land use, growth and revitalization of urban, suburban and rural communities,and
has written and reviewed a variety of environmental planning documents, including numerous technical
reports for public improvement projects throughout much of southern California,, such as the counties of
Riverside. Imperial, Sonoma and San Diego,the cities of Hemet,Moreno Valley, Laguna Beach, Wildomar,
Menif'ec, Placentia, and the Port of San Diego. Ms, Griffith has worked for both public agencies and private
companies.
Dirt YonrmanAssoeialav(DY -�- iaechnieal trxrd "(iterluls resting
Founded in 1992 is a privately held Geotechnical' Consulting Service Corporation, founded in December
1992, Gerald M. Diaz. P:P,.,U.E. and Allen M. Yourman,Jr., P.1 ., G.E,,, are the founding principals of the
firm and together have more than sixty (60) years of geotechnicaf experience. DYA is certified as a
Disadvunta ed Business Enter�rrse I�il��'', ))YA has recently t'eamd with D:W "on a number of roadway
improvement projects, including:
• Bristol Street Slope Stabilization Project Alessandro Blvd. Street Im o'trerttents
El'Dorado Cblonia street Improvements M '"Graham"Street Improvements
• Pepper Street Reconstruction Project Elsworth.Street/Sherman Avenue
• Perris Boulevard Widening Project W Iris Avenue.Improvements
Sonehievan Niranjai4 PE., E is d:.r gist d of it engin r with has over nine (`)) years of experience in
the field of geotechAgl engineering. H'e`bias coordinated,,ind pe forut d Field investigations for numerous
projects, many of wh6 have b cia for cities in Oran I os AnOles, Riverside and San Bernardino
Counties, involving ar cts with r l ;°and,e.ttivert :crosssn , roadway widening and extension and
lt, .
pavement evaluations. . Niranjanan�s experience inc tucfcs site's ection, field;investigations, engineering
:analysis, construction observation and testing, and preparation of ,geoteebrwteal" summary reports and
recommoudations.
i
AfA-C"hl",Inc ( A-CA _C°r;:nanr S*V4 'd °es'
Incorporated in 2005, AMC AI'p ?I� few. , s thirty-five(35 yea ,,total construction support experience for
initastructur improvements involving "low fan i vements, interstate reconstruction and
highway structures. ..,4-CA 's licensed professional's committed to its clients' interests and dedicated to
public safety. As a full service organization, WA-CM offers expertise and a proven team developed from local
resources of more than twenty(`0)professional staff that can inect peak staffing demands
Rick ,I.sl.Ar d' Senior Ins°I)ectnr is a construction inspector with over thirty-five (35) years of extonsive
experience in the construction of heavy civil engineering projects. He has served as resident engineer arid
project inspector on a variety of public works and state highway projects involving pavement,rehabilitation
improvements. He is very familiar with Caltrans standards, procedures and documentation requirements,
and has performed construction management inspection on prpjects with Caltrans involvement and
oversight. Mr. Aspril will be responsible for coordinating and performing as needed inspection services for
this project.
Complete resumes for our Senior Project Team members available upon request..
_ _._......,....., m,..,.......................... _ ,M. _.............,._ _._.....
yy 18
f
DESIGN Glair
Si-CTIaN C':
Agua Caliente Cultural Museum Read and Drainage Improvements
City Project t No. #05-I I
1*ederal Aid Project 1Fo. P LHDL06-5282 (032.) & HPLUL-5282 (033
vft�4T
Kor vieveringDeparttnent Environmental Clearance
Caltrans district 8 Coordination snielfe
ag er
777T
6ject,Mgnagemcot/C truction Management _
YC
MC ®..:�.....���a. .�® Construction ManagementService
David NL C6per,P.E.1
_
Utility Coordination/Administrationtt 4ns�u��� g� � r
W � fC Design had; Inc I K
Donna A.McCotait .. .: L
U tility`Coordin�
DAIC�esi�{n U"ruup,Inc. Doru Cr€stian Pupa,hfS EIT-Asst.Residew Engineer
Raymond J,Garcia-Pubfic It o4s Inspector
James E.Buret-Pub hc Works Inspector
Jauntttt Ce�.sper- lFfnsirzistrvtie>e Technician Deborah J Palumbo-Cntacsraretaon Office Engineer
Concept Development/D ign/ps_&V&
Materials Testing
Topographic Surveys Swnade ia aQun,G.
Profit A4*ag
ink A.A7�mge�r
: :. , Jchu ,P:IE.,P.L.S. Dlrx Ya€rrncitssarrle
..: NiDjvd ineer
I}�L e Inc. D fC Dales Group, Inc.
D�sI511 Docurkew f r'eparadon
Doug Seymour-Design A uis€t r 34ike 1€ -C ADD Uaiu ger
Jannes Gt tuber-Roadway Engweer Brian Iletrwood-Roaaorgy Designer
Gerald Afo i hoer--EleLvxal Engineer Etnmy Marina-Drainage Iesigner
JT.Sfat ion,P. -Hafer, er Engineer Jef eyCosper_.('fDD Operulor
Branaon Amkrson-C.IDD Operator
OrganizaQnat Chat
DMG Design Group, Inc.
19
..................... ........................................................... ...............................
R,fl,f T1Vr1%W1XTLAPFJUENCX
District 8 Federal Aid Funded Project Experience
Reza Zolghadr, P.B. will act as DWs Liaison Officer in coordinating projects through Caltrans District 8
Local Assistance and will be responsible for processing and obtaining approvals for project environmental
and designs for this project through this office. Mr. Zolghadr was responsible for processing environmental
documentation and obtaining approvals for the design orthe following Federal Aid projects through District
8 Local Programs offices in San Bernardino.CA.
• 1-215ICaclav Avenue Interchange Improvements PSR - Heacock Streel Bridge Replacement
City of Moreno Valley,CA City of Moreno Valley,CA
District 8 Office of Local Assistance District 8 Office of Local Assistance
Nader Naquib Osabuogbe Chris Igbinedion
• SR 914,11ainStreet Inlercheinge Improvements 0 I-15.4fagnolia Avenue Interchange lmprovem,nts
City of Corona,CA City of Corona, CA
District 8 Office of Local Assistance District 8 Office of Local Assistance
• I-/5,E1 Cerrito Road Interchange 1nq"vM4Wk.
City of Corona,CA
1)istrict 8 Office of Local Assistance
General Federal A k1 Fu,.. oJeet Experiene
Dkk' was directly Xv risible for coordii6 inlx, *66Wtv and obtaining approvals for project
environmental clearance and designs for Federal Aid funded project through Caltrans Local Programs
throughout southern Cal1fornila for the.following,projects:
a Clalimesa Boule,'�afd Median Improvement Project (Satdalwood S#,eel to Avenue Calitnesa, CA
Federal Aid Project(ISTI"A)(lw Progress)—District 8;,,
9 Kafella A venue Improvement I toject (047 Limits to Ntruck Avenuck-0 ("A —'"Federal Aid Project
(ISTEA)—AHRP(2007)—District 12:
. Taft Avenue Improvement Prqject Win, Limits to Batavia Street),.,(. ange, CA Federal Aid Project
(IST EA)—AHRP(2007)—District)2;
0 Batavia Street Improvement Prqll-;cl (Taft Avenue to 2,7(.f0fe�-i 2V4) Tqft Avenue), Orange, CA -- Federal
Aid Project(ISTEA)_' AHRP(2007)—District 12;
W Hewes Street Improvement Project (C'hqpnwn,Ai,enw to Marmon Street), Orange, CA — Federal Aid
Project(ISITA)—AHRP,QOI0 )—District I,2;
. &,kqff Street Improvement P40a, (Collinv Avenue 16 370 feet E16 C'ollins Avenue), Orange, CA —
Federal Aid Project(ISITA)--AH,R,P(2OQ�)District.1,2;
* ProspectAiwnuv Improvement Project((!hqpmon Avenue to La beta Avenue), Orange, CA — lederal Aid
Project(ISTEA)--AFIRP(2003)— District 12;
W Yorba .Street Improvement Project (C7hapimm Avenue to Pahf yra Avenue), Orange, CA — Federal Aid
Project(ISTEA)—AHRP(2003) - District 12;
. Bake Parktvay Improvement Project (North Pointe Drive to 1,000ftel E10 Dimension Drive), Lake
Forest, (A—Federal Aid Project(ISTEA)--AHRP(2002)—District 12.
RoadwaylStorm Drain Improvement Experience
'The, following Project Experience Summary Sheets are examples roadway/storm drain improvement projects
recently completed by 1XVIC that demonstrate DAK,"s wide range of design and PS&E preparation skills for
these types of improvements.
20
W21 DESION GROW
. hC'1 o." C.'. �S.l":a1°f 71.«tll 1C, 311C1yd�
........... ....
k
C
da s �i
e
cv
•" �
»...... ,« _ _ M.. .. ....A
MESQUITEA VENUE IMPROVEMENT PROJECT
�r; 'tea:" ,,3 '�•.,�i3 ,,
a
� a I
PALM SPRC.'1`Gs,CA
,,',
Pr Grp Sf;[# pl.1I,F::
tt4s � p# mops, Wility rolowdons, C'nnstmelion Completed June 2006
rz l ftRtennt sides�trr Line?1 unit line
a J -alit i the o ibn to 1b�„ s $1,69rr>itxC°r#c?N�CYaif
z'equ, "t a"I# ztXttl taw,**
, ins nn nzt tfJ'tX
r l� n aaiatra� a)w6ogjv mecgaa lrcrr� we, Dr and tr 'c
is*Me of Alowguite Avenue and C'ily nf/'ctlrnSprings
This pn#ect was awaniert L'argrneerin8 i)ivzsirrn
C'rtt)jvct TgAm. Satz z P t zatlar,f ` , P/..S i.sistarpt f'ih-t,ni arurer
zz a eta da C°it# cad-pal",S;r�nr�gs
f'rafex t ngine r Engineering in Divivon
eta : 7 3200/ Tahquitw C,anyow
Palm �oringv,CA 92262
(760)323-8253 LAI 8744
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s s the r esigPxz 1 -tr rred Completion Date:December 010
pfw,and ,Stt9rm drain C.:ONSTFIUCTION ESrInIATE'
pts bt t. lttt ltttsl+t r} etrterz! $2,(V"1p(fl
r� rxbilitatirrn curbs.;gttdters,cialea�ralks,rrcress ramps,street lights and strrr•m
fto 4 r"Oighborhood of Chino dolls. cumin.
p rl l ('41,ofchino l'la,
,lf"ctnarger I.Dw rrprist rwac s.lrlrttira trextte�ra
Joshuar D. C`64 er;F. ,'P.f S:'-Prritert�''tt iraeer CLIENT CONTA(;T:
Mike Kirk--list n h/aanaa er Anne Pwrey, Fnginc'etinrq 5sst>laa rr ti'ryiec�t Manager
M
C"ih nf•L'lairua Ildlds
lid C tlt tt r:,, Pubhc Worlcr Deivriment
1400 City Center Driw
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NORCO,CA
a PRfy1 x-r TEANI:
i tt t,i David A9 C`' ) a c ttrsan recreation and related id nsper, A E. 1'Y rrtr c t Manager
t yettat iinrraediately north of the Joshua D. Coq'>er„ l'E, 1'•G.S.-----Prgject 1°:`n sneer
�' YiAx,Kirk-4 11)D Tana er
Riverside County T"rara�tpartrttinn �
r , Brian Hen wood lead Designer
r st ne I+na rued for the construction ultimate
rya F)onaau.4. tic('nraauglry C;daJity f'>trrdwator
nt af"llamner Avenue immediately
eet also ina;luded the frtllowing SCttE LF;
a Estimated C"opnpleiirarr t)cate,�June 2011
L
lr enstta Jtte sn tion and transition irtyyroverttents to Ct)N,rR[`C rktti "tC► 'ik:
y { 'within the project segment of SZ50104
N.'
•,hill iniersection widening improvements to llamner Avenue at Citrus Avenue, a'�Vtf.�eurta
consisting'of two (2) tltrit Ian,vi in each direction, two C-) dedicated Jef�i turn
lams,tra C rtts, latent tits
Ct:r
dt1 the prpposed development and dedicated right Public ti°'orAs Departmew
h 1 w'NI,C`t)2+'M'. -r:
• 7o accommodate the widening of the Citrus Avenue and llantner Avenue Lori.!Askew,,,PrrdectMranager
t ction exisibig,curb ad,gutter on the westerly side of llamner Avenue C'itt+of'Norce)
Public iC arks Department Design
P 1 y, 2870 Clark,Avenue
r � patio t9i an io � t root aaevrcru�sl constructed GY
W'eo�ntv�tdtn a? tt p r'� ' to con o m to the widen ra th -0428
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LAKE FOREST DRIV D"WAGE IMPRCl LEAfENT P'ROJECT
LAKE FOREST,CA
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fit!fait t o t era it a�rdtiota of l'.",c-E s required to address flooding conditions to C.onstratction C�r,7gVeted Adu� �lAN
e tt 40/4-'t ' i east of'the Its intersection with Overlahe Drive due to
I t e l $ t to Forest Drive ark'Overlake Drive in the Cary of l:trke. C t�+rKtRt k:�tr.►1�C't.�t
itt�er;' - it es lately sized to address the amount of drainage V(Jtl,(XXJ
� , ttaetat t �t f , � rt t l vuerc Wit O d stream of O actual low point"
c�rMOIe d a dtoroukit f6ip gr40k sur�2y of the ittersectton and a 1 00-foot segment of Gt.tEnT'
A'l Aw 7ve OayI,qf Iverwo Dfivq,and ide'Wi(aed the proper location ofrequired new and City oj'L aFe Forest
1! ian and cur, •intel's,. a�fC cotrtpleted a comprehensive drainage report used to l�athtir 6�Mkv DOPorimexwt
i' tt rttd tt ;' ' , `s recommendation.to install andlor
i , 1ai e KaS xrtg inlets, f3rVl " 11 authonxetl to design and prepare final P.'S&E"s of the proposed CTAFNT CONTACN
'Robert woodings,P h. —C"in'l,*rs ine(!r
C:'i�v o,�•l.ake f��rrest
Pulriic i3'"e>rks ttcpartrrxent
td e lt, dot, eetJLlctrta ea 2S550Commercentt,Drive,Sidee 100
er; LaAw ac ctrest,CA 92630
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011 eirle appro l d''emon s, a Project Study k-stimated Completion Dare:June 2011
ett anc�, i` U4, clearance,' right-of-way, mapping and
ad,4,,k d io,n, 'services, t e si n and lrtxrtrttott of ultimate and phased roadwayCUMS't"tZt Ct'tU 5't t53 w't`
widen t roger tints(twtr`(1)lanes to six'(6)lanes),curb and glitter,sidewalk injill, $6,C1C1CJ-00
ardd, storrm,drain w0rove-ent-to a 2.7$-mile segment of Heacock Street.from C..acr:ss
�t'che a �w&0 The proposed widening improvements ovements necessitated a Cc t� '
his 0tv o tlnreno Fall
`vako held(of Lt dick,Stt¢ei math of Iris lveirrre oral dlte installation c�/'a new trq,(Jic f'
signaxl at,the ttrte fiec#a% tkaeock,46-s 'iris Avenue, TW projecd also required close Capital Prcyects DiWsioo
C40rdihationl w#dh inj e �4 davd for a number of'residential and commercial CLIENT C°d>WAt t':
n e_V,. y side of fleacacir Street, with River side Carent)F 1ane1
rt w �`,Cb &waitron 1'7islrict and the Armv Corps of Engineers in the "'t�rrrr lCrtrrrar,fr F t elarel Public fitac°Work Director
" pt #�(ara4er+uentg praposedfOr•the lleacock Street Drainage Channel 04'of,4'lorcarao Palley
t t t e er i to the wusr -4,side of lleacoek Street, the Cih'Capital Projects Public(forks MlNrrtr wow
!a The �;,, th a'caotn k' it t ridgy 1p xt l in then Capital Projects Division
'tlt the a ;,fC'itiof P" wu°ers Agency in the development of 14177 Frederick Street
di 01 a,6 w,° westerly side Of 11000ock ereff, klorerro i'a11c w,CA 92553
N , �' GMnWrt® 3� (7S1).!R.l3"w7'R[tfd
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,iLt:VFV,4 BOULEVARD CORR7DORI$4[A)!toilEmENT P'Rojp--cr
CALIMESA,CA
q M tt Nturtt o a Master!"tare of lrina�Jarpe,street trghtrngundlstxrFtng d.avid Ad:Crane r,PX 6'nyea Manager
' •, t{ld�llrrJdevdrd( Chive as vrrra d.�':; .doshw V,C,-,aper,P,F lR f 3 -l'rerdwct Engweer
FF4 fi f and lr :e fisr l �wwed Donna A.r"cC"onaugll...,d;t,lrtyC xwelrhalar
a lrtl�dar�rrraa�"rrdP�lh±s segirtrnd'c!p'�°rtls+n+cstir ftnrrle acrmrd ceC`NI� FILa:k�i
t tt rti 1JrW"ropmed improvements were developed through a series of workshops Laimaterd Convktion tyre .June XY d
r It w Al to rMurea!by DMC#wt produced design guddehne sfoi the A�Wster Plan,
' p aloe r f t Ow0 for rttUk d p&m o,f C;t7nMS�t°tct3t"t°ON ENTI '►w
tarl� "d p' r�leruded the ftillosving improvermina $2,000,,M)o
" " rl tttiott) as s to tl parAmgys on hezth sides aJCahmexa Boulemt d, CLIENT:
IENT:
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" tr tltS tr radd a ses f }t t a rl tp Meet It dtlt C rty of alioww
„ Pubho t'orki Derarrrrm ent
r" ai^ 'y, d'��d t ,� ttaa°',dotY+ a d","'�tr &t3g„fttr'yr'kdtag xdadds„i;
€ „ C I,IENTCONTACT:
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atlws;P crrnhr rmFE C'i<a1C'rzlrrrres�r
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4 Calmar&.,,CI 92320
Three(3 sm hlbckcruryrnbsr+rrlt hdgh inuensio,-04rface lighting at each crossing, (909)795-9801 Ext 224
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,e PALM SPRINGS,C4
d At the ttnt4-saw the acquisition of necessatyP Construction C:orry)lelecl.lune 20(AS
a trans �a rid s�1 t %'wrcttion of twci(2)design exception
"do,cu,menl l,*q'm ed fn rr�c c v+]t h'itt iwip r tents`to a "50-botportion of Virta Co! s-rkr'cwr'rc N COST:
Clhino li9f�Staie ,P 114).nw a 5(t ,t t segment of 5unr4se b q)a and traffic $5tltl,(AJfl
si auP tntu acid talt is es,4ar1"tp a er tttratrtcPi7tt the addlion of one (I) thru lane oral Ct AEnrr:
sttti rn dreai► tt it vements to,the east hound tones of Vista Chino Road Clty qj!'rrint.*rings
ls'ngmeer-ing L kvioa
Darvtd,V'C"oar P. t et Ct vNzr CoNrrnc-r:
( gr i n +tear Alaxr'�us Fuller,1'P,,,""Assirlaw C n;l::n,rrinecrr
� C"tt3d a1`"Paat:�t rigs
Ae. "t omona er P n irrrct ink 13avtsaora
32001" '('al ruitx C"czrwon
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................................. ............
kWINI'mu'um
Incorporated in the State of`California as an I'S Corporation" in 1999. DAI(I"s legal name is DMC Design
Group,Inc,, with a single office located at the following address:
DMC Design Group,Inc.
140 North Maple Street,Suite 104
Corona,CA 92880
CZWM47E01,TXTA�
The Corporate Officers for DMC Design Group, Inc.,with the authority to bind DMC Design Group., Inc.
in contractual agreements, are as follows-
• David.M.Cosper—Principal Engincei-Tresident.
• Donna A. McConaughy—Owner/Treasurer/Corporate Secretary
• Joshua 1). Casper—Vice President of Production
PR(A4WU,C_6NTACT
David M. Casper, P.E. is the Principal Engineer for Dr C and vAl be DAK"s contact person during the
proposal evaluation period,m 6sper may'be contacted As follows:
o. Office—(951) 549-9100,Ext. 706
s, Coll—(951)830-917,5
• Fax---(951)549-8 tO�
• I:email--dmcosper(a�drncdg.corn
Since its inception,in 1999, DMC,'has experienced stroft anaual fiscal growth and has yet to have a non-
profitable year. Even through the last two(2)economically turbulent years, DUCh6 ia anaged to provide
positive returns to its stockholders. This largely due-to the fiscal management skills and experience of
&K D ,s corporate managers--the,same personnel to be assumed to the City A "".� Cali me Cultural
Museum Rowl an4 Drainage hopr'ovmew Project. The,results of this effort have'a hawed DMC to hire
highly qualified, skilled and experienced p' erqonnel, as well as purchasing and maintaining the necessary
tools, equipment and software to complete multiple concurrent projects on time and within budget. To
date, D-kl(,' has not b"n involved iq, apy:bankmptcies,,pending, litigations, planned office closures or
impending mergers Aes DUC ariti4ate,," I)any' t aneial conditions that would impede its ability to
complete this project, is fiscally capaNe of completing this project to the quality stantlards
expected by the City,on tam 4(0 within 4udget
work- on time and within budget
Since its inception,DMC'has develop"", te
at n9qu ality
for municipal agencies and special districts forl a wide array of comprehensive improvement concepts and
designs throughout much of southern California, specifically in the area of roadway widening and traffic
signal modification improvements for public agencies. L)MC has extensive experience in the preparation of
PS&F's, pr(Ject specific SWPPP and WQMP development. traffic control, and construction phasing, as
well as construction management. inspection, and testing services for roadway widening and traffic signal
modification improvements. DMC has provided these services to an extensive list of local agencies,
including:
Cities
. Palm Springs . Lake rarest 9 Colton . P011101.1a
0 E I Centro . Orange * Norco . Dana Point
* Riverside . Palm Springs . Barstow . Corona
. C11ino Hills . La.Quinta . Moreno Valley 0 Calimesa
..................................................... . ................ ............... ........ ........
28
.............
DIM,
DMON Gffaffll
Six-flovD:
Counties
...............-,.11
0 Los Angeles Riverside W Orange San Bernardino
a 9iYL&S_1riVt1111 oe�ncs
• John Wayne Airport 4 March Joint Powers Association
• Riverside County Flood Control . Western Municipal Water District
• Imperial Irrigation District # Eastern Municipal Water District
• Coachella Valley Water District N Los Angeics Unified School District
• Moreno Valley Utility District R Desert Sands Unified School District
Services provided by DAICto these agencies includes:
• Corridor/SiteTheme Development;
• Feasibility Studies;
• Special Studies:
Alternative Alignment Studies
Hydro1ogy114vdrauflcS1Ydivs
filaterSyslemlFirc,Flow A Piolysis Prqject Spec :Sd�PPP/fVQXYPs
Tragt lc A nalys i154411arrd"6'A6dies Geolechnicallpaver en
• Design and PreparatioWof PS&E's for Municipal Improvement Projects, i4ctuding:
Roadway WideninxlRehabilitatio4 tdping and S")ag
Curb, Gutter and Sidewalk Injill Trqffic caltfti�g
Storm DraiWl,-load Control Facilities gighfµqf-WqY L Oculnvnfation
IVaterlSewer ErtensionslRelocations Land EnfitlemenulStOdivisions
Signal InstallalionslModifications Trqjfic ControllConstfludian&0ging
• Utility Court Lion,Notifiq*ion,Conflict Resolution and Relocat ions/Con versions;
• Environmental Documentation/Clearane;
• Oversight Agency Review/Coordination;
• Constructiort Managcment/lri pcction Services,
Headquartered in the City of Corona, California,DiVC,is convenientlylocated within sixty (60) miles of
the City of Palm Springs offices and the project site(�),Jwid within thirty (30) miles of Caltrans District 8
offices in San Bernardino,CA. From our office locatiM;-bAICcan effectively provide engineering design
services to the City of Palm ,Springs for this project, as we have for many other cities, counties, special
districts and private developmoriti�'throughout much oi�, (;Othern California.
All
DXK' utilizes a team of experienced and highly ski lied"s6corisu Itants to support its design effort in very
specialized areas that require specific expertise and knowledge, DAK."s management approach and quality
requirements apply equally to its subconsultants. This approach strengthens the bind between our firm and
its subconsultants, and creates a seamless approach to providing a diverse and well-prepared Project Tearri
for this project. Our Project Team includes the following stab-consultants:
• PMC World(PMQ—EnviMnmental Clearance
• Diaz Yournian Associates(D YA)—Geotechnical and Materials Testing(DBE Firm)
• �VA-Cff,lnc� (�VA-CM)—Construction Support Services
............- ..........
29
....... .....................
SCHEDLILE OF PERFORMANCE October 21,2010
RFP i §-11 Agua Calienfe Gu1Wral Museurn Road and Storm Drain improvements
City P;of d"!a.09-04
Federal Aid Project No,PLHDI-06•5282(C32)&,HPLUL-5282(033)
< ' 2oi 1 2ii12
Taste Name Durafvn Stan Finisrt D J F M A M J J A S D N U J F M
PHASE i-ENVIRONMENTAL APPROVAL AND PROJECT DEVELOPMENT ITS days Mon 1f3119 Fri>i12111 1 €1•ENVIRONMENTAL APPROVAL
-_
Task 141.Project Research 5 days 1Norr�VVI i F 1117l11 113 Task 1.01•Project Research
_ ........ _ _._.—
Ink 1.02 Initial Sft Visit Ct days Thu 11VI i Thu 116s1 i 116 � Task 1.02 Initial Site t0ah
Task 1.03 Project:hope of Work Compliance IS days Mon i13111 _ Fri 1f2 V1 i _ 113 fask 1.03 Project Scope of Work Cr€pllance
_.
Task 1.04 Topographic Survey 5 days Man f-10MI F61114111 j 1f10 Task 1.04 Topographic Survey €
-- -- _. _.
Task 1.0b 8sse Niapt Davalopmant 10 days -t MO- 13�1 'Fri i125i11 ( Tack 1.i1H Base Map Development
___ �
... __
Task n 1128f1 1 1#itfM Task 4.06 Initial Utility Coordirtato
COS inttlal Utility Coordinate 15 days M 111Gf1
Teak 1,07 Envlrorsunental ClearancetS, y s Mon Sf1 b1 Ff1912J11 ili0 4)Task 1.07 Errvirormental Clearance
PHASE 3-ENGINEERING DE61GN — days Men if3iTl1 Fri 116112 1 hIASi;2-ENG.
-. .._ -=
Falk 2.01 Utility Coordination &b des ,, Mon 1131111 Fri 4129/11 373i Task 2.01 Utility Cotutiinatlon 1.
Task 2.02 Uti0ty Potholllrtg -- 10 days ,_-!a n 212 1 i Fri WI i11'1 2 L4k asfi M Utility Potholilrtg
Task 2.03 Geotechnical Investigation 4�II days s -AA "11.3 4 Fri 311 M1 V31 task 2A3beatechnlcat Mvestl tkat
_ -
£ Task 2 04 tNSPG Study1131f11 ; Fn 3f11i11 ; i131 � Task 2.4+WSPG Study
Task 2.Os PSBR 125 days Mon 31141t1�
Prepare and Submit 80%Complete PS&E's --- —� 332 days Mon 311411 1 Fn 412 i 3C 9 ; and Submit ii Complete PS&E s
... .. _
CftyfRCFC Review 'S xisys M6rit 4125111 i Fn wiWtk- '4190 IRCFC Review
} '
Prepare and Submit 104 Complete P58Es 25 drays Mttn Si1S{17 € Fri W17111 6fis out
Prepare,wW Submit 1 Cmsplete PS&E's
CityIRCFC i�view - ——— ; §s�aya tSoYi 61201i 1 Fri7181f#, $ ■CityPRCfC Review
_ _ y
Prepare and Submit Screen Check PS&E's � i5 a aye FAs�7111'31 i Fr,7729111 i Wit �"Prepare andStab€riIt Screen Check PS&E's [<
..... .. . _ _ ._ .. _ I
ft8tievs j 15 days Von W1111 i Fr,WWII all ®city Review
. .. . ... - — _ _— _
Prepare and SubnA Final PS&E's MWiW211111 i Fri 9t2111 Prepare and Submit FInet PS&E's
Task 7-06 Additional Site Visits 40 days g t Fr;4i22111 Fn tdi711I
F€rsi Sft Misit 0 days 4f22711 Fd4Pd2f-11 4f22* First Site Visit
- -..---_........................—
Second Sift Visit 0 days ; Fr 7111 'i -Fri 47111- 6117 * Second Site VISBY
Task 2.07 Local Assistartce SupportServices 95 days min 611 i f19f2f11 4i2b 4j ask 2.07 Local Assistance Support Ssry
-- — e..
Task 2.4a RCFC Cor>rQlrtatlan SS days lijo Fti 11� 4126 ��'Tsak 2.09 RCFC Coordina0on
Task 2.09 Support 45 ys Mon ei14111 8f6 ®Task 2.09 Bid Support
Task 2 n 10 Con- Support 4 dsys- FA nt€- T
I7r1 f Ft?178ar12 11 ask 2,19 Corte of
PHASE 3-1116 T-OF-WA &3ERVIC 1ffi days R#ott f rl'S12H1�
I _ - ........._. --
Task 3 01 Ac qu€sitio i Documents('') 35 clays Mon 1131111 Fri 3318f11 4131 �,+—Taak 3.01 Acquisitlne Docunwinft(3)
-- -- ---- - - ....,.
Task so days Mon v21111 Fri 6110?11 3124 Task 3.02 Right-of-Way Coordination e
_.. —Right-of-We
Task 3,43 Ca trans Ft l f-of-LVay Co ii€cadcn 80 rays Mot WIWI1 Fri 91211 1 6113 `Task 3.03 Ca€trans Right-of-Way CaRlflc
j CITY TASK — Suhmittats -4: SubTaak summary <-
David M.Oosper,P.E..Project Manager }
G Design Getup,Inc MC TASK Phase Summary
Project Schedule t
Mieslte ♦ Task Summary
.... .............._. _
CD � � 30
® sini o m
EXHIBIT "E'$
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to
Contractor shall be made no more frequently than monthly, and shall be based on lump sum costs per
task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon
completion of tasks, or pro-rats portions thereof noted below, to a maximum of 75% of the lump sum
task item fee until completion of such task item as determined by the Contract Officer. Each request for
payment shall contain Contractor's statement of the work or tasks completed or portion performed, with
supporting documentation. The determination of payment due shall be made based upon the
reasonable judgment of the Contract Officer.
Task Total
Lump Sum
Phase 1 — Environmental Approval and Project Development
Task 1.1 — Project Research $ 1,220.00
Task 1.2— Initial Site Visit $ 2,180.00
Task 1.3— Project Scope of Work Compliance $ 1,000.00
Task 1.4—Topographic Survey $ 5,120.00
Task 1.5— Base Map Development $ 3,120.00
Task 1.6— Initial Utility Coordination $ 3,680.00
Task 1.7 — Environmental Clearance Support Services 29 201.00
Sub-Total Phase 1 $ 45,521.00
Phase 2-- Engineering Design
Task 2.1 — Utility Coordination $ 2,020.00
Task 2.2— Utility Pothole $ 11,270.00
Task 2.3—Geotechnical Investigations $ 5,750.00
Task 2.4—WSPG Study $ 3,060.00
Task 2.5— Plans, Specifications and Estimates (PS&E's)
Task 2.5.1 — Plans $ 13,980.00
Task 2.5.2—Technical Specifications $ 2,120.00
Task 2.5.3— Estimates $ 2,560.00
Task 2.6—Additional Site Visits $ 1,170.00
Task 2.7— Local Assistance Support Services $ 2,480.00
Task 2.8— RCFC Coordination $ 2,660.00
Task 2.9— Bid Support $ 1,220.00
Task 2.10—Construction Support 1 720.00
Sub-Total Phase 2 $ 50,010.00
Phase 3— Right-of-Way Services
Task 3.1 —Acquisition Documents (1) $ 1,220.00
Task 3.2 — Right-of-Way Coordination 1 420.00
Sub-Total Phase 3 $ 2,640.00
Reimbursable Expenses $ 10,830.00
Grand Total $109,001.00
END OF EXHIBIT "E"
Exhibit"E"
Page 1 of 1
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