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Home My WebLink About11/17/2010 - STAFF REPORTS - 2.H. ALM c RORpYEO City council Staff Reliort Date: November 17, 2010 CONSENT CALENDAR Subject: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES FOR THE TRACT NO. 13257 SEWER IMPROVEMENTS, CITY PROJECT 10-02 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The City Council awarded the Public Works and Engineering Department $267,118 from its 2010/2011 Community Development Block Grant ("CDBG") Program to design and construct a new sewer system within Tract No. 13257 (located west of Gene Autry Trail and south of Via Escuela), The City solicited proposals from consultants for civil engineering design services for this project. After a competitive consultant selection process, the City selected Harris & Associates and negotiated the proposed professional services agreement. RECOMMENDATION: 1) Approve Agreement No. with Harris & Associates in the amount of $58,965 for civil engineering design services related to the Tract No. 13257 Sewer Improvements, City Project 10-02; and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: On February 25, 2010, the Public Works and Engineering Department submitted a proposal to the City's Community & Economic Development Department for funding from the City's 2010/2011 CDBG Program. This year the Department elected to propose a project to design and construct a new sewer system to serve the low-to- moderate income neighborhood located west of Gene Autry Trail and south of Via Escuela (referred to as "Tract No. 13257"). Tract No. 13257 was developed during the 1980's when it was part of unincorporated Riverside County. At the time, Riverside County did not require extension of public sewer to the tract, and all 87 homes in Tract No. 13257 have private septic systems, some of which have begun to fail. Some lower City Council Staff Report November 17, 2008- Page 2 Tract No. 13257 Sewer Improvements (CP 10-02) income property owners have had to request financial assistance from the City for pumping and servicing of their septic systems. Tract No. 13257 was annexed to the City of Palm Springs in 1991. Tract No. 13257 which includes Arnica Street, Norloti Street, Via Escuela (between Arnico Street and Gene Autry Trail), Jason Ct., Marni Ct., and Zachary Ct. is one of a few residential neighborhoods in Palm Springs that lacks a public sewer system. The City's domestic water supply provided by Desert Water Agency relies on pumping of water from the underlying aquifer, the quality of which is threatened by the continued leaking of septage from septic tanks into the ground. The septic systems in Tract No. 13257 already have or will soon be reaching the end of their useful design life, and the threat to water quality of the underlying aquifer exists, which can only be mitigated through the installation of a new public sewer system. Extension of new sewer improvements to neighborhoods without sewers can generally only be funded if the property owners in that neighborhood support the establishment of an Assessment District. Through an Assessment District, the City finances the ultimate cost of the new sewer improvements, and the property owners are subsequently levied a special assessment on their property tax bill allowing the City to pay the debt service on the financing of the project. The total estimated cost to install new sewer improvements within Tract No. 13257 to benefit all 87 properties is $1,200,000 (or approximately $14,000 per home). If the entire Tract No. 13257 neighborhood were to approve an Assessment District to construct a new sewer system in their neighborhood, staff estimates the resulting new special assessment to be levied on each property tax bill at $1,100 per year'. Given the low-to-moderate income status of this neighborhood, staff does not expect sufficient support would exist to approve an Assessment District for this project. The City, through its Wastewater Fund, cannot normally fund extension of new sanitary sewer facilities to properties that have not paid into the Wastewater Fund. Properties that are currently served by a public sanitary sewer system pay a sewer service charge for operation and maintenance of the existing sewer system. Using these funds to pay for extension of sanitary sewer to properties that have not paid into the Wastewater Fund may be considered misuse of those funds. The City has investigated the availability of state funding through the Clean Water State Revolving Fund (CWSRF), however, grants through the CWSRF are very competitive and priority is given to areas where the Regional Water Quality Control Board (RWQCB) has adopted findings that the water aquifer of a particular area is being threatened by existing septic systems and that the mandatory installation of public sewers is required. This was the case with the Cathedral City "Cove", in that the RWQCB issued specific ' Assumes 25-year payback at 6% interest. City Council Staff Report November 17, 2008- Page 3 Tract No. 13257 Sewer Improvements (CP 10-02) findings for the Cove and ordered Cathedral City to mitigate the problem; this is not the case here. Therefore, if the City were to consider funding this project on behalf of the property owners, the only available funding source is the City's own General Funds. However, given the City's current budget crisis, it is unlikely that funding this project through the General Fund will be possible. Therefore, the Department looked to alternative funding, such as the City's CDBG Program. On March 17, 2010, the City Council approved the 2010/2011 CDBG Program, and awarded the Department $267,118 for the first phase of this project. Ultimately, this phased CDBG project proposes to install approximately 3,800 feet of 8" VCP public sewer line and 3,480 feet of 4" VCP sewer laterals. The existing on-site septic tanks will be disconnected and abandoned in accordance with the City's Building Department requirements. The costs to convert from private septic systems to a public sewer system are included in this proposal, including the $3,000 per unit sewer connection charge imposed by the City at the time a property is connected to the City's sewer system. Given the $1,200,000 total estimated cost to provide public sewer to Tract No. 13257, the Department proposed that this project be a multi-year CDBG phased project. This proposed first phase of the "Tract No. 13257 Sewer Improvements" project represents approximately 25% of the total project, and includes 21 households. The next phases of the project will be presented for future CDBG funding consideration. Included in the first phase is the design of the entire sewer system within Tract No. 13257, thereby allowing the Department to immediately bid and construct the subsequent phases upon the City's award of future CDBG funding of those phases. This project requires the services of a professional civil engineering firm to prepare the plans and specifications to construct the new sewer system. Staff prepared a Request for Proposals (RFP) for civil engineering design services to solicit consultants for this project. On August 5, 2010, the RFP was published and made available to firms through the City's Division of Procurement and Contracting, and by the September 16, 2010, deadline, proposals from the following 16 firms were received: C&S Companies; Temecula, CA Christiansen & Company; Riverside, CA Cozad & Fox, Inc.; Indio, CA DMC Design Group, Inc.; Corona, CA Dudek; Encinitas, CA Engineering Resources of Southern California; Indio, CA Harris & Associates; Palm Desert, CA Hernandez, Kroone & Associates; San Bernardino, CA Lee & Ro, Inc.; City of Industry, CA MSA Consulting; Rancho Mirage, CA J City Council Staff Report November 17, 2008- Page 4 Tract No. 13257 Sewer Improvements (CP 10-02) Otte-Berkeley Group, Inc.; Colton, CA Pfeiler and Associates Engineers, Inc.; Chino, CA TKE Engineering, Inc.; Riverside, CA VA Consulting; Palm Desert, CA W-T Civil Engineering, LLC; Hoffman Estates, IL West Site Engineering, Inc.; Foothill Ranch, CA Following review of the proposals by a Selection Committee, a clear consensus of Harris & Associates as the top ranked firm was made. The Selection Committee determined that final interviews were not necessary based on its clear determination of a top ranked firm. The selection was based on Harris & Associates' thorough understanding of the project area, identification of critical issues in their technical proposal, and recent and relevant sewer design experience preparing sewer plans for the Dream Homes neighborhood of Cathedral City. 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. In accordance with the exceptions in the Code, given the federal funding associated with the CDBG funds for this project (the City is a direct recipient of CDBG federal funds from the U.S. Department of Housing and Urban Development), local preferences are not allowed, and the provisions of the City's Local Business Preference Program were not included in the RFP. However, the selected consultant has a local office in Palm Desert, and is therefore considered a local business enterprise. FISCAL IMPACT: The City Council awarded the Department $267,118 in CDBG funds from the 2010/2011 CDBG Program for this project. The negotiated fee to design the entire sewer system for Tract No. 13257 is $58,965, which will be funded from the first phase of this multi- phase CDBG project. The balance of CDBG funds available will cover construction costs for the first phase of this project. Sufficient funds are available in CDBG account 137-4812-63583. City Council Staff Report November 17, 2008- Page 5 Tract No. 13257 Sewer Improvements (CP 10-02) SUBMITTED: Prepared by: Recommended by: Marcus L. Fuller David J. Barakian Assistant Director of Public Works Director of Public Works/City Engineer Approved by: i Thomas J. Wilson, Asst. City Manager David H. Ready, Cit der ATTACHMENTS: 1. Agreement CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT TRACT NO. 13257 SEWER IMPROVEMENTS CITY PROJECT NO. 10-02 THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this day of , 20_, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and HARRIS & ASSOCIATES, a California corporation, (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need for civil engineering design services for the Tract No. 13257 Sewer Improvements Project, City Project No. 10-02, (hereinafter the "Project"). B. Consultant has submitted to City a proposal to provide civil engineering design services to City for the Project pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit 'A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of professional work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as professional quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; Page 1 of 19 6 and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), which shall all be referred to collectively hereinafter as the "Contract Documents." The City's Request for Proposals and the Consultant's Proposal, which are both attached hereto as Exhibits "B" and "C," respectively, are hereby incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals, and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1s) the provisions of the Scope of Services (Exhibit "A"); (2"d) the provisions of the City's Request for Proposals (Exhibit "B"); (3rd) the terms of this Agreement; and, (41") the provisions of the Consultant's Proposal (Exhibit "C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and 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. Page 2 of 18 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any work or service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein. 2.0 COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by reference, but not exceeding the maximum contract amount of Fifty-Eight Thousand Nine Hundred Sixty-Five Dollars, ($58,965.00) (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in Exhibit "E." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant hereby acknowledges that it accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified herein. If the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, consultant shall nevertheless complete the Work without liability on the City's part for further payment beyond the Maximum Contract Amount. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to Page 3 of 18 the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance (Exhibit "E"). 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit "E" and is incorporated herein by reference. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is Page 4 of 18 9 justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "E") and pursuant to Section 3.2 above, unless extended by mutual written agreement of the Parties. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Carlos Mendoza, PE. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder Page 5 of 18 1 t� shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Contractor. A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Page 6 of 18 I �. Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the 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 Page 7 of 18 1 « 4 Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such Page 8 of 18 13 insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the 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 parry will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. Page 9 of 18 14 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at 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. It or "for any and all work pen°ormed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. " or"for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. Page 10 of 18 � J 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its officers, council members, officials, employees, agents and volunteers and all other public agencies whose approval of the Project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders, and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless, or willful performance of or failure to perform any term, provision, covenant, or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness, or willful misconduct of the City, its officers, council members, officials, employees, or agents. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. In the event a final judgment, arbitration award, order, settlement, or other final resolution expressly determines that Claims did not arise out of, pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any extent, then City shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except City shall not reimburse Consultant for attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than Indemnified Parties against such Claims. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if Page 11 of 18 16 an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Page 12 of 18 1 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 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall Page 13 of 18 1� notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.13, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding Page 14 of 18 19 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 any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that it 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. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. Page 15 of 18 20 B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable 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: Harris &Associates 43-100 Cook Street, Suite 103 Palm Desert, CA 92211 Attention: Carlos Mendoza, PE Telephone: (760) 340-6111 Facsimile: (760) 340-6433 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity Page 16 of 18 21 deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which 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 17 of 18 22 IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: CITY OF PALM SPRINGS, CA By By City Clerk City Manager Date: Date: By City Engineer Date: APPROVED AS TO FORM: APPROVED BY CITY COUNCIL: By Date: Agreement No. City Attorney Date: CONSULTANT Name: Harris & Associates 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: 43-100 Cook Street, Suite 103 Palm Desert, CA 92211 By: By: Signature (notarized) Signature (notarized) Name: Name: Title: Title: Page 18 of 18 23 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Caffomia County of On before me, pdk "tuna lnw( ame arw Tift of the 41fieer personally appeared _ rtart,.tet s pnex(e} who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that h0she/they exerted the same in his/her/their authorized capacity(ies), and that by hisftwAheir sigroture(s)on the instrument person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify tender 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. alaea Notary S"i Abow Signature Vookiro a*wry rubft OP77ON'AL Though the information below is not raqulred 4e few,ft aW pow vehtabfe to perso7s ra"V on tins docurrwd and could prow nt fraud dent twrroval and reattachmew of this farm to ano0w docurnent. Description of Attached Document Title or Type of Document: ...... Document Date: .. Number of Pages,. Signer(s)Other Than Named Above_ _,.�........._ Capecity(les)Claimed by Signer(s) Signer's Name:_. Signer's Name;.T ..._....................._._._._ Individual L]Individual Corporate officer—Tiile(s): 17 Corporate Officer—Thle(s): U Partner—U Limited ❑General ❑Partner—J Limited L General €J Aiterney in Fact L Attorney in Pact L Trustee lop a(thumb here �TruBtef; Tap�5f Fihr3�hate 0 Guardian or Conservator C?Guardian or Conservator © other_............._....__ U Other: Signer is Representing: Signer Is Representing, a'�14xY7r�wuataltJararyAeaad�Ibn• ,4.94dP r4 P.tA.R�a2RCR•C. n1vmciRhCA9ra13-PtG�2+mvw.Akkar�Ad ary.d ho;MW F{ttrd&;Cal Td!-F"rect-LM,87A•P,&r!'7 The General Scope of Work for the Project consists of: 24 EXHIBIT "A" SCOPE OF SERVICES General Scope: Prepare plans, specifications and estimate (PS&E) for construction of a sanitary sewer system within Tract No. 13257 (separated into four phases). • Topographic Survey — Provide necessary aerial and/or field topography as necessary to prepare PS&E. • Utility Coordination — Provide all necessary coordination with public utilities to identify location of public utilities within the project area, identify all potential utility conflicts, provide utility clearance for project. • Design — Prepare plans, specifications, and estimates (PS&E) for implementing all four phases of the Project, subject to review and approval by the City Engineer. Detailed Scope: The Consultant's scope of work is hereby defined as follows: Task 1.0 - Project Management Task 1.1 Progress Meetings (2). The included project schedule will be updated with input from the City and delivered within two weeks from Notice to Proceed with the project. Preparation of agendas, meeting attendance, and issuance of minutes to the City within five working days before and after up to two (2) meetings is included. Unless directed otherwise, Consultant assumes that the City will review, finalize, and issue agendas and minutes to invitees /attendees. Task 1.2 Utility Coordination. Consultant shall mail initial utility notifications on behalf of the City to all utility companies that have facilities within the project limits making them aware of the upcoming construction activities and requesting copies of their maps, plans, and/or sketches of their existing and/or proposed facilities within the project limits. In addition to the written utility notifications, Consultant shall contact the utility companies by telephone to ensure that written notifications were received and being acted upon. Copies of progress submittals shall be transmitted to all affected utility companies to notify them of the anticipated project construction schedule and request any utility potholing and/or relocations necessary for the construction of the proposed improvements. As with all of our design projects, Consultant shall maintain a utility log tracking when and to whom notifications were sent and document the responses received. City staff will be copied on all utility correspondence. 1.3 QA/QC During Design. Quality control will be exercised in all aspects of the project. This task includes quality reviews by senior staff members who are not otherwise associated with the project. Internal sign-off QA/QC team on deliverables is required before final deliverables are issued. A copy of the Consultant's internal QA/QC comments will be provided to City staff. The Consultant's QA/QC Submittal Guidelines (Table 1) is included on the following page. Exhibit"A" Page 2 of 1 255 EXHIBIT "A" SCOPE OF SERVICES Table 1- QA/QC Submittal Guidelines Submittal 60% Submittal 90% Submittal Final Reports and 1. Geotechnical Report Final versions of Final versions of previous Calculations 2. Basis of Design previous work, if work, if changes were 3. Hydraulic Calculations changes were made. made. 4. Utility Conflict Report/Pothole locations Plans 1. Base map drawings Previous work plus: including existing features, 1. Additional details topo and utilities 2. Sewer laterals, and 2. Schematic alignment(s) water locations 3. Typical trench section 3. Pothole information 4. Key proposed and spot and design revisions elevations in plan view if applicable. 5. Title sheet 6. Notes 7. Details 8. Revised alignment as approved by City 9. Profile showing street grade and utilities 10.Sections 11.Pothole locations Specifications 1. Draft of all sections Final Draft of all sections Final electronic and hard including references copy, bound if required. 2. Markup of City front end documents Cost Opinion Itemized cost estimate with Previous work plus: Previous work plus: 25% contingency 1. New bid items 1. New bid items identified 1. New bid items identified identified and and included with cost and included with cost included with cost 2. Update quantities and 2. Update quantities and unit 2. Update quantities and unit prices prices unit prices 3. Contingency reduced to 3. Contingency reduced to 3. Contingency reduced 20% 20% to 20% Task 2.0 - Preliminary Investigation Task 2.1 Data Gathering & Field Review. Consultant shall gather available record information from the City pertinent to the design, including project planning reports, as-builts for existing water and sewer mains and sewer and water maps. In addition, Consultant shall conduct field reviews to inventory the existing project site. This includes photos of the project Exhibit"A" Page 3 of 1 26 EXHIBIT "A" SCOPE OF SERVICES area documenting existing conditions. This information will be compiled and provided to the City. Work at this phase does not include potholing. Task 2.2 Survey. The survey will: • Perform research of public records, mission planning, field data collection and the generation of a topographic map for the six (6) interior streets and affected easement areas of the tract. The project length is approximately 3,000 feet. • Utilize published City of Palm Springs Bench Mark values for the survey. • Field locate all utilities, driveways, large trees, masonry planters, fences and any other improvements within or immediately adjacent the public Right-of-Way of the tract that may impact the construction of the proposed sewer improvements. • Locate, measure and show the depths of all water service improvements within the street right-of-way. • Reference street stationing based upon approved street improvement plans. • Generate a topographic map of the site at 40-scale and with a one-foot contour interval. The topographic map will show existing street Right-of-Way and record lot configurations per Tract No. 13257. • Make additional site visits to record locations and elevations for potholing operations. Six (6) pothole locations are assumed for the purpose of this proposal. • Task 2.3 Utility Potholing. Our scope of services includes up to six (6) pothole locations. Potholing shall include: • Underground Services Alert Markout • Arrangement of any utility stand-by personnel that may be required • Obtaining and abiding by the requirements of the "No-Fee" encroachment permit. • Vacuum excavation • Documented site photos and measurements • Vacuum excavation, backfill, compaction, and restoration with "cold-patch" asphalt and marking with a PK nail for survey. • Preparation of a "Subsurface Utility Report". Task 3.0— Preliminary PS&E (60%) Task 3.1 60% Plans. 60% drawings and supporting calculations shall be prepared. 1. Plans will reflect either routing sewer in Via Escuela to the existing sewer in N. Gene Autry Trail (preferred option), or 2. Through the referenced subdivision depending upon utility constraints/cost effectiveness. 3. The proposed sewer will be constructed within the existing drainage easements between parcel 28 and 29 via open channel. No trenchless design will be included. If option 1 is used it is understood that laterals to units along Via Escuela may have substandard slopes of less than 2%. Plans shall include plan and profile, stationing, crossing utilities shown Exhibit"A" Page 4 of 1 2 °� EXHIBIT "A" SCOPE OF SERVICES and called-out in profile, details of construction, call-outs, horizontal and vertical controls,. Sixty percent (60%) plans shall be submitted to the City and affected utilities for review and comment. Task 3.2 60% Specifications. At the 60 percent design stage, project specifications shall be prepared using the City's current bidding documents and provisions. A markup of the City's front end documents shall be prepared along with complete technical specifications prepared in Standard Specifications for Public Works Construction (SSPWC, or "Greenbook") format. Task 3.3 60% Cost Opinion. The 60 percent submittal will be based on unit costs from recent bids in the area for similar work and will include additional details developed in the 60% design. A twenty percent contingency will be used. Task 4.0 - Final PS&E (90%-100%) Consultant shall address 60 percent comments from City and utilities and submit plans, specifications, and cost estimates. Task 4.1 90% Plans. Based on additional design detail and City comments, 90 percent drawings shall be prepared. Drawings will include all notes and details necessary for construction. Ninety percent (90%) plans shall be submitted to the City and affected utilities for review and comment. Task 4.2 90% Specifications. The 90 percent specifications will be developed based on comments from the 60 percent submittal and coordination with vendors and contractors, as may be required for complex items of work. Task 4.3 90% Cost Opinion. The 60 percent cost opinion will be revised based on comments and additional design details. The 90 percent submittal will reflect refinements to quantities and additional details developed in the design. A ten percent contingency will be used. The cost opinion will match the bid sheet. Task 4.4 Final PS&E plus Mylars. Project plans, specifications, and a final cost opinion shall be prepared based on comments to the 90 percent submittal. Documents will be suitable for bidding. Assumptions and Limitations Our scope of services is based on the following assumptions: • No trenchless design will be done. This proposal is based upon the removal of the concrete drainage channel between parcels 28 and 29 and using conventional open trench methods to construct sewer within the existing easement. • Costs of permits and agency reviews will be paid directly by the City Exhibit"A" Page 5 of 1 28 EXHIBIT "A" SCOPE OF SERVICES • City will provide private and public CCTV services and reports as may be required • The project is exempt from CEQA. No environmental permits required. • City will not require consulting assistance if any easements are required, and easement acquisition, if necessary, will not impact the schedule. • Area of impact will be less than one acre and not subject to the Statewide General Construction Permit 2009-0009 so that a SWPPP will not be required. • Proposal does not include Bid or construction phase engineering services. • City will be preparing the bid respective packages along with any and all CBDG Fund processing. • For the purpose of this proposal, it is assumed the City will require three (3) full size and three (3) half size sets of plans at each submittal, with mylars and electronic scans of the final approved set. Specifications and cost estimates will be provided to the City in electronic format with two (2) hard copy sets for review. • For the purpose of this proposal, it is assumed the sheet count will be the following: Sheet Count: Cover- 1 Plan and Profile (1"=20') - 6 Details - 2 Total = 9 END OF EXHIBIT "A" Exhibit"A" Page 6 of 1 EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS CITY'S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE 30 Q q_60`"F ti y� tj CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS (RFP)#02-11 TRACT NO. 13257 SEWER IMPROVEMENTS CITY PROJECT NO. 10-02 Requests for Proposals (RFP #02-11), for professional services related to the Tract No. 13257 Sewer Improvements (City Project #10-02) 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, SEPTEMBER 16, 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 civil engineering design services related to the Tract No. 13257 Sewer Improvements (City Project#10-02), (hereinafter the "Project"). The selected firm will be expected to provide required professional services to prepare plans, specifications and estimates ("PS&E") for implementing the Project. The Project is made possible by federal funding through the U.S. Department of Housing & Urban Development ("HUD"). The City of Palm Springs is a direct recipient of Community Development Block Grant ("CDBG") funds from HUD. The CDBG Program was adopted by Congress 36 years ago to provide a flexible funding source for local governments to meet the community development needs of their low and moderate income residents. As a part of the City's Fiscal Year 2010/2011 CDBG Program, the Public Works and Engineering Department requested funding to install a new sewer system within Tract No. 13257, a residential subdivision located west of Gene Autry Trail and south of Via Escuela. SCHEDULE: Notice requesting. Proposals posted and issued ....................................................August 5, 2010 Deadline for receipt of Questions...................................Thursday, September 2, 2010, 3:00 P.M. Deadline for receipt of Proposals...........................Thursday, September 16, 2010, 3:00 P.M. Short List/ Interviews/Technical & Cost Proposals ............................................to be determined Contract awarded by City Council....................................................................... to be determined 2. BACKGROUND: On March 17, 2010, the City Council of the City of Palm Springs adopted the Fiscal Year 2010/2011 CDBG Program. The CDBG Program includes a project sponsored by the Public Works and Engineering Department to extend public sewers to a residential subdivision currently serviced by private septic systems. RFP#02-11 Page 2 of 8 31 The residential subdivision (identified as Tract No. 13257) is located immediately west of Gene Autry Trail and south of Via Escuela, and was annexed from Riverside County to the City of Palm Springs in 1991. Tract No. 13257 was developed during the 1980's by Riverside County, and at the time, Riverside County did not require a public sewer system for the subdivision. The subdivision includes 87 single family homes, all of which have private septic systems; some of these septic systems have begun to fail. Tract No. 13257 includes Arnico Street, Norloti Street, Via Escuela (between Arnico Street and Gene Autry Trail), Jason Court, Marni Court, and Zachary Court. Tract No. 13257 is the only residential area within the City of Palm Springs, not located in a hillside area, which does not have a public sewer system. This project proposes to install approximately 3,800 feet of 8"VCP public sewer line and 4"VCP sewer laterals to each lot. The existing on-site septic tanks will be disconnected and abandoned in accordance with the City's Building Department requirements. The total estimated cost to provide public sewer to Tract 13257 is approximately $1,200,000. For this reason, construction of the project will be phased into four separate projects subject to future CDBG funding approved by the City. The four phases are generally described as follows: Phase 1: Norloti Street and Arnico Street(Zachary Court to Norloti Street); 21 homes Phase 2: Marni Court, Zachary Court,and Arnico Street(Jason Court to Zacharty Court); 26 homes Phase 3: Via Escuela and Jason Court; 19 homes Phase 4: Arnico Street(Via Escuela to Jason Court); 21 homes Design of the entire sewer system within Tract No. 13257" (excluding Via Escuela) is included in the CDBG funding for the first phase of this project, and is requested by this RFP. The City's budget for the design phase of this project is$40,000. A sewer improvement plan has already been designed and approved by the City for Via Escuela, as part of a residential development located north of Via Escuela that has not been constructed. Therefore, design of approximately 1,000 feet of sewer line in Via Escuela will not be necessary or included as part of this Project. The point of connection to the City's public sewer is from Gene Autry Trail, between Lots 28 and 29 through a public easement extending from the intersection of Arnico Street and Norloti Street to Gene Autry Trail. The City has previously constructed a sewer line extension to the east property line of Lots 28 and 29 for future connection to a sewer system for Tract No. 13257. All public sewers in Tract No. 13257 will be designed as gravity sewers in accordance with the City's established sewer design guidelines. 3. SCOPE OF WORK: The scope of work will consist of preparation of Plans, Specifications and Estimates (PS&E) for the Project. The General Scope of Work for the Project consists of: General Scope: Prepare plans, specifications and estimate (PS&E) for construction of a sanitary sewer system within Tract No. 13257 (all four phases). • Topographic Survey — Provide necessary aerial and/or field topography as necessary to prepare PS&E. • Utility Coordination — Provide all necessary coordination with public utilities to identify location of public utilities within the project area, identify all potential utility conflicts, provide utility clearance for project. RFP#02-11 Page 3 of 8 3( • Design — Prepare plans, specifications, and estimates (PS&E) for implementing all four phases of the Project, subject to review and approval by the City Engineer. 4. PROPOSAL REQUIREMENTS: Special Note: Although this project is federally funded through the CDBG Program, administered by the U.S. Department of Housing & Urban Development ("HUD"), federal funds provided by HUD are not subject to U.S. Department of Transportation (DOT) requirements related to the Disadvantaged Business Enterprise (DBE) Program, pursuant to 49 CFR, Part 26 regulations. Therefore, there are no DBE requirements, goals or good faith efforts required as part of this Project. However, firms submitting a proposal in reply to this RFP are encouraged to 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 to not discriminate on the basis of race, color, national origin, or sex in the award and performance of its subcontracts. 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. 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 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: RFP#02-11 Page 4 of 8 33 A. Project Understanding (25 POINTS): The firm's proposal adequately demonstrates an understanding of the Project and familiarity with the project area; familiarity with sanitary sewer projects. 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 sanitary sewer projects. Note: This evaluation criteria requires that the proposal identify specific experience with sanitary sewer projects. Relevant experience must be demonstrated. D. Firm Qualifications (15 POINTS): Past experience with projects related to the outlined Scope of Work; experience with sanitary sewer projects. E. Project Schedule (10 POINTS): Thoroughness and reasonableness of the project schedule; 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 '/z X 11 format, may be no more than a total of thirty (30) pages (sheets of paper, double sided), including an organization chart, 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 #02-11, REQUESTS FOR PROPOSALS FOR TRACT NO. 13257 SEWER 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. RFP#02-11 Page 5 of 8 34 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. 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. C.2 List specific and relevant experience for the key staff/team members assigned to the Project with sanitary sewer projects. Detailed project information, including dates project started and completed, local agency 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. 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 the City. For purposes of consistency between schedules, firms shall assume that a Notice to Proceed is issued to the firm on January 3, 2011. RFP#02-11 Page 6 of 8 35 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 SEPTEMBER 16 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. 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, Thursday, September 2. 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 1). Please note that Exhibits A, B, C, D E, and F are intentionally not complete in the attached document. 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. RFP#02-11 Page 7 of 8 36 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 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#02-11 Page 8 of 8 3 17 ATTACHMENT "A" *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL* REQUESTS FOR PROPOSALS (RFP) # 02-11 FOR TRACT NO. 13257 SEWER IMPROVEMENTS CITY PROJECT NO. 10-02 SIGNATURE AUTHORIZATION PROPOSER: A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my submittal. SIGNATURE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; A corporation 2. My tax identification number is: ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s)# is/are hereby acknowledged. RFP#02-11 Attachment"A" 38 ATTACHMENT 1 SAMPLE PROFESSIONAL SERVICES AGREEMENT ATTACHMENT 1 TO THE CITY'S REQUEST FOR PROPOSAL HAS BEEN DELETED, AS IT IS A DUPLICATE OF THIS PROFESSIONAL SERVICES AGREEMENT. RFP#02-11 Attachment 1 EXHIBIT "C" CONSULTANT'S PROPOSAL CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE 40 PALM _X10 Proposal to Provide Civil Engineering Design Services for Tract No. 13257 Sewer Improvements C9z IFQ9� September 16, 2010 I, �� ♦ .� � mow. '"* ,�, ,�"� �° � 4 � � '� ' Al AM a ^ " f ^3 I' • ♦ • Harris & Associates,. Shaping the Future, One Project at a Time- September 16,2010 Mr,Craig Gladders,CPM,Procurement &("ontracting Manager City offlafin Springs Division of Procurement and Contracting 3200 East Tahquit/Canyon Way Palm Springs,CA 92262 Re: Harris& Associates(Harris) Design Services Proposal forTract No. 13257 Sewer Improvements Dear Mr,Gladders: The Harris Learn appreciates the opportunity to propose design services to support this important community improvement proJect. Our success is based on identifying and managing-'big picture"constraints and opportunities early so we get it right the first time. We have thoroughly reviewed the City's Request for Proposal and addenda, the Subdivision maps.as-huih plan,,,approved plans.the 2009 Sanitary Sewer",laster. prepared and walked the alignment. We understand the challenges and have developed an approach to address them. We have developed preliminary alignment and construction alternatives to address tile lour-phase construction project. Key elements are: • Explore routing Via hscuela sewer flows via the proposed Norloti sewer to the(;ene Autry Trail sewer. Our preliminarl analysis shows this approach is feasible from a design,C(.)nStl-UCtjhiliLy, and Ultimate capacity perspective. ')'his alternative could reduce excavation depth and volumes.avoid tearing Lip a signalized intersection,avoid water crossings,and allow future maintenance access from streets with lower traffic, • Provide for Irenchless construction within the wn (Oo( wide casement. By providing details,but also all()Aing open-cut means and methods, we will position the(.ity to attract competitive and responsible construction Niels, Based on out-experience, we expect that pilot-whe boring will minimize community disruption, construction duration, and cost. • Apply City standards to construct distinct phases the City call coordinate with affected residents,allowing input on precise lateral locations to gcnerate good will and acceptance. Our proposal diSCLISSCS the various challenges and opportunities presented by the proposed alignments in more detail. C, Our Pro'ject Manager,Carlos Mendo/a, PE, led the development of this proposal,and is prepared to lead the project. lie bring,., 17 years of private and public experience that has focused on sewer collection systems. Our Project Director, Ehab Gerges,.PE,has over 20 year:experience in public works design,Mr. Mendoza is supported by designers with a combined 43 years of'(,,Al:)I)experience. QAIOC'and proJect oversight members include professionals who have helped Harris earn a 381"place national ranking in trenchless technology, Our office is c4inveniently located in ncaitly Palm Desert and we are experienced with completing proJects in the Palm Springs/Desert Citie&w-ea, Our expel WInce helps us deliver cOmpetent sklhjlions.as you will find when you call out'clients. We look forward to the next phase in the selection process. If you have any questions. please do not hesitate to cull F'hob(_;crges at(760) 340-6111,ext, 2352. Z� Sincerely, Harris&Assodates Eliab Gerges, PF Carlos Mendoza, PE Project DirccLor/Vicc ],'resident Project Manager 43-100 Cook Street,Suite 103 Patm Desert,CaliforaiagUll 760-340.6111 FAX,160_140.6433 palm desert@ ha rH s-assoc-co�-fl 4 ATTACHMENT "A" *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL* REQUESTS FOR PROPOSALS (RFP) # 02-11 FOR TRACT NO. 13257 SEWER IMPROVEMENTS CITY PROJECT NO. 10-02 SIGNATURE AUTHORIZATION PROPOSER: Harris &Associates A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my submittal. SIGNATURE Ehab S. Gerges, PE I Vice President B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; X A corporation 2. My tax identification number is: 94-2385238 ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s)# 1 and 2 is re hereby acknowledged. RFP#02-11 Attachment"A" 43 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No. 10-02 Table of Contents A. Project Understanding..................................................... 1 B. Scope of Work.................................................................2 C. Staff Qualifications ........................................................15 D. Firm Qualifications........................................................22 E. Project Schedule...........................................................28 Exceptions........................................................................29 Cost Proposal(separate sealed envelope) 0 1 Harris&Associates. Table of Contents 4 CITY OF PALM SPRINGS Tract No. 13257 Sewer Improvements,City Project No.10-02 A. Project Understanding Our project understanding and approach was Due to cost, the sewer improvements will be phased developed from field visits, standards research,a search into four projects, as shown in linage 1.. 'I'lie services of record drawings, insight on area soils, reviewing and preliminary quantities are outlined below and are the 1lequest for Proposals (RFP) and relevant past detailed in our approach: experience. • Phase 1-Norloti Street and Arnico Street(Zachary The project objective is to design sewer improvements Court to Norloti Street): 21 laterals, approximately to connect 87 single family homes in Tract No. 1,010 feet of eight-inch vitrified clay pipe (VCP) 13257 to the Palm Springs Municipal Sewer System. sewer main, three new manholes, and one new The existing homes are on septic systems and some Type 401 flushing inlet. have begun to fail. Funding from a Community Phase 2-Marni Court,Zachary Court,and Development Block Grant(CDBG) from the federal Arnico Street(Jason Court to Zachary Court): department of Housing and Urban Development 26 laterals,approximately 1,020 feet of eight-inch (HUD) makes the project financially possible. The VCP sewer main and four new manholes, estimated project budget is $1.2 million. > Phase 3-Via Escuela and Jason Court: 19 laterals, approximately 240 feet ofeight-inch VCP sewer Approximately 2,800 feet of sewer mains, manholes, main and one new manhole along Jason Court. and appurtenances will be designed and coordinated There are two main alternatives available to with the approved design for 1,000 feet of sewer connect the Via Escuela sewer to the Palm Springs improvements within East Via Escuela prepared by sewer. 'Ihe modifications to DWG 5054 design Stantec as DWG 5054. The proposed design will need may require one or two manholes and 50-150 to modify a portion of the approved, but not built, additional feet of pipe. sewer design as shown on DWG 5054-1 to connect Via Phase 4-Arnico Street(Via Escuela to Jason Escuela flows to the Palm Springs sewer. Court): 21 laterals, approximately 690 feet of eight-inch VCP sewer main, two new manholes, and one new Type 401 flushing inlet. s F w � w � e j Image 1: Four Project Phases elHarris&Amciates. Page 1 45 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 B. Scope of Work Design Approach ,EEa. ILWIL z�y, T it E' l a Image 2: Proposed Alignments-Red features are existing or designed by others,green are conceptual alignments. We have reviewed the phasing outlined in the RFP. planned." Due to the existing storm drain and water We have developed a preliminary alignment for each line constraints, our approach includes exploring an phase(see Image 2), reviewed drawings, and conducted alternative that would route Via Escuela flows south. site investigations. Based on our findings,we have along Norloti instead of east to Gene Autry Trail. developed an approach to each phase and identified advantages and challenges for each phase. Our overall To promote informed decision making,we will. design approach is to: coordinate early with the City and utilities, clearly outline the challenges and make clear recommendations r input all homes in four phases. Allow for resident for addressing them. A key early decision will be how input on locations' to route the Via Escuela sewer. ■ Accommodate trenchless in easement. • Consider routing Via Escuela flows down Norloti Preliminarily,laterals will be located five feet from to minimize disruption and cost. the downstream property lines. However, we intend to work with the City and residents during design to Our approach is designed to minimize disruption and accommodate locations that may be more favorable for cost. each resident who needs to connect a newly designed building sewer. A key issue is connecting the Via Escuela sewer design to the Gene Autry Trail Sewer. Per Addendum 2 to the RR a revision will be required to"transition from the north side of Via Escuela to the south side as originally Harris&Associates. Page x 46 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 Phase i Alignment — Easement and Norloti and Arnico ,A. GS471.9+/- IE 455.2+/= Phase 1 has the most challenges and opportunities. Improvements will extend approximately 1,010 feet of eight-inch vitrified ..._........... N' clay pipe (VCP) sewer main, three new manholes, GS 466+/- and one new Type 401 flushing inlet—just short IE 456.2+/- of Via I scuela. Alternatively, the Via I scuela sewer could be routed from 3.2.2 to 1.3 eliminate without the 1.4 cleanout (see Irnage 3). �'3 }� Phase I construction will connect to the existing uy 45-foot long, eight-inch diameter VCP stub in Available grade GS 8. +/- g g 45 5 Gene AutryTrail which was installed as art of from .z.2 to 1.0 IE + - p 3 453 4 / nl City Project#02-03 in 2006. Prorn the point is approximately -T't" of connection, the line will run through an 0.0045• ;_ easement between lots 28 and 29 to the corner of w' Norloti and Street and Arnico Street (see Image GS 464.00 4). "Ihe sewer improvements will need to extend R IE 453 15 approximately 440 feet northerly to serve Norloti - homes, and 270 feet westerly to serve Arnico homes. Construction will include the installation of 21 sewer laterals to the property lines. The sewer line will need to share the 10-Foot Image 3: Phase i alignment includes trenchless construction easement with the existing storm channel (see alternatives and an alignment alternative to accommodate Via . Escuela flows. Images 5 and 6). Open cut construction will require that encroachments be removed and roots be cut—both of which would significantly disrupt residents. Due to these considerations, trenchless options are recommended. Pipe alignment will be six to seven feet below the channel invert. Open cut construction would undermine and require the replacement of the existing masonry wall at the downstream end of the storm drain easement at Gene Autry Trail (see Image 7).Whether open-cut or trenchless construction, the excavation design will need to minimize impact to improvements and traffic on Gene Autry Trail. (see Irnage 8) Image 4: Easement alignment extends nearly zoo feet under an existing storm drain, under a masonry wall, and near to a utility pole. Harris&Assodates_ Page 3 47 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No. 10-02 du, 3 Image 5:Trees and fences encroach on existing io-foot Image 7: Phase i sewer will need to cross under storm drain easement that must accommodate new existing drainage facilities and retaining/sound wall Phase i sewer. that crosses alignment. Mti Image 8: Phase 1 construction will connect to stub Image 6:Open cut construction would require near existing utility pole. Design will consider ways to extensive demolition and replacements and resident reduce impact to new road improvements. disruption. either cut and cover or trenchless methods for easement Phase i Approach sewer construction. Depending on which alternative is selected for Phase 3, Norloti sewer improvements will either terminate in a.City Type 401 flushing inlet Our approach is designed to provide: at node 1.4,or will extend to meet a manhole at node • Trenchless construction options 3.2.2, as shown on the alternatives exhibit. • Alignment alternatives for Via Escuela sewer `Hie pit location at the location of the Gene Autry • Minimize disruption Trail stub-out will be designed to minimize impact to We anticipate the lowest cost, least intrusive, and the recent sidewalk and landscaping improvements best construction method for the easement sewer and protect the existing power pole. We will closely construction is trenchless 200 feet to Norloti, using coordinate with Southern California Edison and incorporate temporary pole support, standby, and other eight-inch 1D uncased clay jacking pipe. To promote requirements, as may be required. competitive bidding,our approach will be to allow HaTds&AsmCiates. Page 4 48 CITY of PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No. 10-02 Phase 1 Advantages to Approach Ile .f�.�• The advantage of connecting to the existing stub is to avoid deep (over 17 feet) trenching into the recent Gene Autry Trail improvements. The advantages 009 �,• 6e) of trenchless construction minimize disruption to ¢ residents, expedite construction by avoiding siteKJ restoration issues,and very likely will reduce overall costs. By making trenchless construction a bid option, the City can decide which way to go based on price and resident concerns. y ` Ir The advantage of uncased eight-inch ID clay jacking pipe is reduced earth displacement which thereby reduces the chance of head wandering issues. A cased ✓ pipe would be much larger, more expensive, harder Image 9. New sewer improvements to build, and does not present tangible benefits. will need to share existing storm drain Clay pipe also meets City pipe material preference easement. standards. cut construction would threaten the health of several Early coordination and decision making will make the large trees, and threaten the masonry wall bordering the best use of available grade along Norloti. Drawing storm drain channel. 5054 sewer is not yet constructed along Via Escuela. If it is decided to route Via Escuela sewer down Norloti, A jacking pit and a receiving pit are required for then it may be possible to raise the grade along Via trenchless construction. Challenges are presented Escuela. This would improve flow characteristics and by the shallow depth. under the channel. The head can wander if the depth is less than about six feet, reduce the chance of dips in the alignment. depending on soil conditions. It may be necessary to Phase 1 Challenges surcharge the head to keep it from wandering. We anticipate a new sewer easement will need to If it is decided to route Via Escuela flows down Norloti, be obtained along the existing 10-foot storm drain the grades will be critical. It may become necessary to easement(see Image 9). Ten feet is very narrow raise the grade in the portion of Via Escuela that is not yet built. for a combined storm drain and sewer easement. 'Ihc easement is constrained on either side by private property improvements. The homes have Phase 2 Alignment — Arnica Street, approximately 15 feet of separation at the narrowest Zachary Court, and Marni Court point. Widening the easement would be expensive and disruptive and may be impractical. Phase 2 design will connect to the stub-out constructed in the manhole at node 1.2, then extend sewers westerly Open cut construction within the easement would be and northerly to serve the 26 homes in this phase. difficult and expensive. The narrow easement does not allow much room for excavation spoils. 'Ihe contractor will likely require five to ten feet of temporary easement on one or both sides of the easement,which would have to be restored along with the drainage improvements after construction. Furthermore,open Harris&Associates. Page 5 49 CITY Of PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 Phase 3 Alignment — Jason Court and Via Escuela Phase 3 improvements will extend to serve nine homes from Phase 2 to the end of Jason Court. Phase 3 will also coordinate and modify with the design by others to connect 10 homes along Via Escuela to the City sewer system. The Request for Proposals Addendum 2 clarifies that a minor revision to the approved Via Escuela sewer improvement plan (D 5054) is necessary to build the sewer as originally designed. Our understanding of the described improvements is identified as the green lines from manhole 3.2.1 to 3.3.1 to 3.4.1 (see Image 12). Image io: Phase 2 sewer alignment will extend from Phase i stub out to Jason Court and to end of Marni Court and Zachary Court. Phase 3 Approach Phase 2 Approach Our approach is designed to provide: Our approach is designed to provide: Present alignment alternative • Standard design and construction • Work with existing design on Via Escuela ■ Serve Jason Court The alignment will extend approximately 1,020 feet of eight-inch VCP sewer main and four new manholes The proposed alignment will extend approximately (see Image 10). The manhole at node 2.4 will be 240 feet of eight-inch VCP sewer main and one new lcft with a stub-out for Phase 3 construction. The manhole along Jason Court. There are two main manholes in the cul-de-sac will terminate in manholes. alternatives available to connect the Via Escuela sewer to the Palm.Springs sewer(see Image 1 1). Phase 2 Advantages to Approach Terminating in manholes will facilitate maintenance. I..eaving a stub-out will ease connection of phase 3 improvements. d, Phase 2 Challenges As with the other alignments, public outreach will be needed to coordinate new sewer laterals with proposed building sewers. Image ii: Phase 3 offers alignment alternatives. Via Escuela flows can be routed directly to Gene Autry Trail or can routed via Norloti and the easement to Gene Autry Trail. Harris&Associates. Page 6 50' CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 �e 9� R�R. Image 12:Alternative 3.2.1 to 3.4.1 is the connectional'^ 3 described in the RFP. Water conflicts and recent road improvements will need consideration. Our approach will be to recommend considering extending the Phase 1 sewer improvements from Image 13:Alternative 3.2.2 to 1.4 would be shorter and manhole 1.3 to the Via Escuela Sewer at manhole reduce conflicts with water,traffic,storm drains,and 3.2.2 (see Image 13). In our preliminary assessment, other utilities. we believe the grades work with the existing and approved improvements to serve the community, By coordinating with the developer and City, it may be possible to raise grades on the Via Escuela sewer,which would improve flow characteristics. Phase 3 Advantages to Approach A\ . . nasnnsteron+ats tnrtr�rwdacr�p�,wpraus Our approach is designed to: fww I'mokwo Storm Drain conflict GENE AlfiFllt Minimize disruption prevents crossing Built northerly to the existing ►.. • Minimize earthwork line , or- TM griginal Design .Maximize pipe slope. � tt+ �• "Ihc main advantage to routing Via Escuela XMq-rsr-rt! 191. flows along Norloti is in avoidance of the l water and storm drain conflicts at Gene Autry Trail. Avoiding these conflicts allows for better conformance with health department separation standards for water -- 1 ;i'` and sewer lines,and improves the ability for the City and water utility to maintain lines0., F:pti}NC W into the future. The proposed alternative Desi ned,not built z s�'"t°�°�` 9 Water conflict + �' alignment also avoids tearing up the I—Kh- ►* WP signalized intersection at Gene Autry Trail, a% w. .. SHW S-2 where construction is up to 17 feet deep,as Image 14:City Project 02-03, DWG 5054-1,approved August 6,2006. opposed to 10 feet down Norloti (see Image Conflict potential for Via Escuela sewer. 1.4). Hart is&Amciates„ Page 7 5 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 Phase 3 Challenges Maximizing the available grade of the Norloti sewer is critical for the proposed realignment to be viable. p We have preliminarily identified an available slope of 0.0045 along the Norloti alignment. Less slope is available if connecting to 3.2.1. Raising the Via 1 scuela sewer line could increase the grade, if desired. If the 3.2.1 connection option is considered, depth, utilities, traffic,and road restoration will be added ;gx challenges. Phase 4 Alignment — Arnico Street Phase 4 improvements include extending sewer mains from the sewer stub left in manhole 2.4 westerly and Northerly to serve 21 homes. Phase 4 Approach Our approach is designed to provide: Standard construction • Minimize disruption The proposed alignment will extend approximately 690 Image 15: Phase 4 sewer alignment will extend from feet of eight-inch.VCP sewer main, two new manholes, a stub-out from manhole 2.4 westerly and northerly and one new'Iype 401 flushing inlet (see Image 15). along Arnico Street,terminating at a type 401 flushing inlet five feet beyond the most northerly lateral The approach to Phase 4 construction will be to extend connection. the sewer lines as shown to a point 15-feet past the last Coordination with Property Owners property lines, terminating at a City'Ivpe 401 Hushing inlet at node 4.3. Our approach will be to provide the City with clear 30 percent and CO percent designs that can be used for Phase 4 Advantages to Approach coordination with property owners as they complete plans for abandonment of existing septic systems and extension The advantage is serving customers efficiently. This will of building sewers to the right of way. be the last construction, but not the least important to the residents served. raeotechnical Considerations Phase 4 Challenges Based on our experience, the soils anticipated on the site will be fine sand. Groundwater is not anticipated within 'There are no identified unique challenges to the Phase 4 the limits of construction, and both open trench and improvements. trcnchless construction techniques should be feasible. A geotechnical report is proposed and the design will be based on site-specific recommendations. Harris&Associates. Page 8 52 CITY of PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 Management Approach provides a clear picture to evaluate if set goals t For all projects, the 1-lari•is &Associates(1•larris) project and schedules for each management team internally meets face-to-face weekly project are reasonable, to review progress, budgets,schedules,critical issues, and identifies the need design issues, schedule support staff,and track follow- to commit additional up items from the previous week.All project managers resources early on in the share experiences and provide input oil critical issues, process. bringing the experience ofthe firm to each project,all - at no cost to the client.The project manager also serves Monitoring of as project engineer developing project deliverables Tasks/Project Meonf " and providinf;day to day guidance of design staff. progress Project design staff members interact freely with r ; each other on similar projects sharing experience and B°� this"Master technical resources.As issues arise, they are presented Maintaining �� °, �•„�, '', to the City with options, pros and cons,and clear Schedule"is key in 1 � 3 4 5Wy recommendations. Progress status reports are delivered determining if the tasks/ Budget vs Spent Effort monthly with invoicing. project is on schedule and within budget. This process includes Schedule Management identification of actual time and costs accrued The Harris team has an excellent record of managing on each task/project and Monthly multiple, concurrent projects and meeting client accurately reporting the schedules and controlling project costs. Our process progress of each.This in managing the efficient completion of two or more information is updated concurrent tasks/projects, is as follows: on bi-weekly basis andR,, is reflected in the overall Development of a Project Approach master schedule. Structure (PAS) and Schedule Reporting of in cast,of coji4roctioli budget OVCr rU11 Delineating the different manageable work tasks; Variances and projects' milestones; the associated budgets for Taking Corrective Actions accomplishing each work item;and duration and sequence of performing the work for each project is a Along the course of a project, variances from the critical step in establishing a practical and manageable project schedule are encountered.These variances could schedule. be the result of coordination issues with utility agencies, obtaining permits or approvals from regulatory agencies Master Schedule or resolving unforeseen issues during the design process. As this information is maintained and updated in the Compiling the PAS and schedule for each project master schedule,an appropriate corrective plan of along with available staffing and resources is a key action is easily put in place to address these variances, element to efficiently deliver a project.This step really placing the tasks/project back on schedule. identifies the number ofman-hours identified for each task/project or sub task versus the available staffing and resources for the duration of the project. This also Harris&/1.'scicitrtes. Page 9 CITY OF PALM SPRINGS 'tract No.13257 Sewer Improvements,City Project No.10-02 Design Quality Control Plan Scope of Work (DQCP) llie following describes Harris'scope ofwork. The most important quality control Harris uses is to make sure at project inception that both the City and Task 1.o - Project Management project team fully understand the scope of services, schedule, budget,and expected work product.The 1.1: Progress Meetings(5). The project schedule following management control strategies will be used to (shown under Section E. Project Schedule)will be verify all elements of the design submittals are checked updated with input from the City and delivered within in-house for quality technical accuracy and include two weeks from Notice to Proceed. Preparation of coordination of disciplines while maintaining the agendas, meeting attendance,and issuance of minutes project on schedule and within budget. to the City within five working days before and after, up to five (5) meetings, is included. Unless directed Regular Team Meeting otherwise,we assume the City will review, finalize, and issue agendas and minutes to invitees/attendees. Throughout the design process, in-house engineering will be coordinated with the project team. Project 1.2: Monthly Progress Reports. Harris will prepare and memorandums and telephone conversations are written deliver mottthl}•progress reports to the Project Manager m meetings for his use in keeping City staff up-to-date on project and distributed to all project personnel.Tea progress as well as review of project issues, invoicing, are held bi-weekly for in-house coordination. and schedule. Progress will be reported and measured Peer Review by indicators that are in line with the scope of work. 1.3: Utility Coordination.We will mail initial `].lie Project Manager will perform his technical review utility notifications to all utility companies that have to verify the design conforms to the functional needs facilities within the project limits making them aware of the City. Support information documents, in-house of the upcoming construction activities and request drawings used for checking, and all other data will be copies of their maps,plans, and/or sketches of their filed in the design office for future reference and to existing and/or proposed facilities. In addition to the answer questions addressed by the City or community. written utility notifications,we will contact the utility companies by telephone to verify written notifications Sharing of Lessons Learned were received and being acted upon. Copies of progress submittals will be transmitted to all affected utility We have found each of our projects provide lessons companies to notify them of the anticipated project learned, both from elements that went wrong and construction schedule and request any utility potholing things that went right.We have developed a mechanism and/or relocations necessary for the construction of to share such information with our fellow designers so the proposed improvements. As with all of our design each can benefit from another's experience. projects, we will maintain a utility log tracking when and to whom notifications were sent and document the responses received. City stafffwill be copied on all. utility correspondence. 1.4: QA/QC During Design. Quality control will be exercised in all aspects of the project. This task includes quality reviews by senior staff members who are not otherwise associated with the project. Internal sign-off elHarris&Associates. Page io 54 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 QA/QC team on deliverables is required before final • Utilize published City of Palm Springs benchmark deliverables are issued.A copy of Harris'internal QA/ values for the survey. QC comments will be provided to City staff. Field locate all utilities,driveways, large trees, masonry planters, fences and any other We have included Harris'QA/QC Submittal improvements within or immediately adjacent to Guidelines (Table 1)on the following page. the tract's public right-of-way that may impact construction of the proposed sewer improvements. Task 2.0 - Preliminary Investigation • Locate, measure and show the depths ofall water service improvements within the street tight-of- 2.1: Data.Gathering and Field.Review. Hari-is sraff way. will gather available record information from the City Reference street stationing based upon approved pertinent to the design, including project planning street improvement plans. reports,as-builts for existing water and sewer mains and sewer and water maps. In addition, I-Iarris staff Generate a topographic map of the site at 40-scale will conduct field reviews to inventory the existing with a one-foot contour interval.The topographic map will show existing street right-of-way and project site.']his includes photos of the project area to record lot configurations per Tract No. 13257. document existing conditions. 11iis information will be compiled and provided to the City.Work at this phase Make additional site visits to record locations does not include potholing. and elevations for potholing operations. Six (6) pothole locations are assumed for the purpose of 2.2: Geotechnical Investigation. Four(4) test borings this proposal. are proposed to be drilled to a depth of 20 feet,or five 2.4: Utility Potholing. Our scope of work includes (5) feet below the proposed pipeline invert.Work will up to six (6) pothole locations. Our utility potholing include reviewing all available data,obtaining no-fee subconsultant, Underground Solutions,will: permits, marking boring locations for Underground Services Alert Markout, traffic control using the * Perform Underground Services Alert markout Manual for Uniforni'1'raffic Control Devices,and y Arrange of any utility stand-by personnel,as repair with AC cold patch. Soil logs and laboratory test required reports will be developed and reported. 'Ihe results will include moisture content, in-place density, laboratory Obtain and abide by requirements of the"No-Fee" compaction,direct shear,and sand equivalency. The encroachment permit geotechnical report will evaluate all data developed ► Provide vacuum excavation and formulate recommendations for groundwater ■ Document with site photos and measurements mitigation if required,trench stability, excavation Perform vacuum excavation, backfill, compaction, characteristics, trench backfill and bedding, and and restoration with"cold-patch" asphalt and other geotechnical factors, 1lie report will discuss marking with a PK nail for survey the feasibility of trerichless techniques and provide geotechnical parameters for construction. Prepare a"Subsurface Utility Report" 2.3: Survey. Our survey subconsultant, Dynamic Task 3.0 - Preliminary PS&E (30%-6o%) Consulting Engineers,will: 3.1: 30% Plans and Specifications.After the survey Perform research of public records, mission and based on preliminary data,base drawings will planning,field data collection and the generation be prepared. Lase drawings will include title blocks, ofa topographic map for the six (6) interior streets notes, layouts, right-of-way,existing utilities, public and allected casement areas of the tract.The project and private improvements, trees, and other features length is approximately 3,000 feet. within the area of work. 'Ihe recommended horizontal Harris&Associates. Page ii JJ CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements, City Project No.10-02 Table i - QA/QC Submittal Guidelines for Palm Springs Tract No. 13257 Sewer Tract Improvements llem Alt#al � !bm ,. al 1, StIbNIlNital Reports and 1. Geotechnical Final versions of Final versions of Final versions of Calculations Report previous work plus: previous work, if previous work, if 2. Basis of Design 1. Hydraulic changes were made. changes were made. Memo calculations 2. Utility Conflict Report/Pothole locations Plans 1. Base map Previous work plus: Previous work plus: drawings including 1. Title sheet 1. Additional existing features, 2. Notes details topo and utilities 3. Details 2• Sewer laterals, 2. Schematic 4. Revised and water alignment(s) locations alignment as 3. Typical trench approved by 3. Pothole section Citv information and 4. Key proposed 5. Profile showing design revisions and spot street grade and if applicable elevations in utilities plan view 6. Sections ?. Pothole locations Specifications Outline 1. Draft of Final draft of all Final electronic and all sections sections hard copy, bound if including required. references 2. Markup of City front end documents Cost Opinion Itemized cost Previous work plus: Previous work plus: Previous work plus: estimate with 25% contingency 1. New bid items 1. New bid items 1. New bid items identified and identified and identified and included with included with included with cost cost cost 2. Updated 2. Updated 2. Updated Quantities and Quantities and Quantities and Unit prices Unit prices Unit prices 3. Contingency 3. Contingency 3. Reproducible reduced to 20% reduced to 15% final version Harris&Associates. Page 12 56 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.so-oz alignment and existing ground surface along the to the City and affected utilities for review and alignment will be shown. An outline of all sections will comment. be provided in the specifications. Thirty percent (30%) plans will be submitted to the City and affected utilities 4.2: 90%Specifications. The 90%cost opinion will be for review and comment. developed based on comments from the 60%submittal and coordination with vendors and contractors,as may 3.2: 30% Cost Opinion. The 30%cost opinion will be required for complex items of work, be developed based on preliminary quantities and planning level unit costs. A 251%contingency will be 4.3: 90%Crest Opinion. "]he 60%cost opinion will added. be revised based on comments and additional design details. The 90%submittal.will reflect refinements 3.3:60%Plans. Based on City review comments to quantities and additional details developed in the on the 30%drawings and additional detail,60% design. A 15%contingency will be used. The cost drawings and supporting calculations will be prepared. opinion will match the bid sheet. Complete 60%design submittal will address 30% comments from City and utilities. Plans will include 4.4: Final PS&E plus Mylars. Project plans, plan and profile,stationing, crossing utilities shown specifications, arid a final cost opinion will be prepared and called-out in profile,details of construction, call- based on comments to the 90%submittal. Documents outs, horizontal and vertical controls. Sixty percent will be suitable for bidding. plans will be submitted to the City and affected utilities for review and comment. Assumpti0ns and Limitations 3.4: 60% Specifications.At the 60%design stage, Our scope of work is based on the following project specifications will be prepared using the City's assumptions: current bidding documents and provisions. A markup of the City's front end documents will be prepared y Costs of permits and agency reviews will be paid along with complete technical specifications prepared in directly by the City Standard Specifications for Public Works Construction t. City will provide private and public CCTV services (SSPWC or"Greenbook") format. and reports as may be requited 3.5:60% Cost Opinion.`llie 30%cost opinion will The project is exempt from CEQA. No be revised based on comments and additional design environmental permits required. details. The 60%submittal will be based on unit costs ■ City will not require consulting assistance ifany from recent bids in the area for similar work and will easements are required, and easement acquisition, include additional details developed in the 60%design. if necessary,will not impact the schedule. A 20%contingency will be used. r Area of impact will be less than one acre and not subject to the Statewide General Construction Task 4.0 - Final PS&E (go%-l00%) Permit 2009-0009 so that a storm water pollution prevention plan (SWPPP)will not be required. Harris will address 60%comments from the City * Modifications to approved DWG 5054,Via and utilities and submit plans, specifications, and cost Escuela sewer, are needed only from intersection estimates. with Norloti Street to Gene Autry Trail. * Proposal does not include bid or construction 4.1: 90% Plans. Based on additional design detail phase engineering services. and City comments, 90% drawings will be prepared. Proposal does not include engineered traffic control Drawings will include all notes and details necessary for plans. Approach is to require contractor submittal. construction. Ninety percent plans will be submitted ElHarris&Associates„ Page 13 57 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 ■ For the purpose of this proposal, it is assumed the City will require three(3) full size and three (3) half size sets of plans at each submittal,with mylars and electronic scans of the final approved set. Specifications and cost estimates will be provided to the City in electronic format with two (2) hard copy sets for review. ■ For the purpose of this proposal, it is assumed the sheet count will be the following: Sheet Count Cover 1 Plan and Profile (1"=20') 6 Details 2 Total 9 i'irarn*s&A5"iSl7ciates. Page 14 58 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No. 10-02 C. Staff Qualifications A key component of our success is buoyed by our Carlos Mendoza, PE - management philosophy that fosters a diligent commitment to "seamless"collaboration and Project Manager communication across the entire team. Our management is directly involved with each of our Education:MBA;BS, Hydrology, -Civil Engineering contracts, personnel and clients,and continually Registration:Professional Civil Engineer, C'A #60470 focuses on improving our service to deliver the highest level of quality for all of our assignments. Our staff Mr. Mendoza has over 17 years of progressively has prepared a significant number of design plans to responsible public and private civil engineering replace, rehabilitate,and install new wastewater and experience. His experience includes a seven-year tenure water facilities.We feel that with careful planning and as Senior Engineer for the City of Vista,where he forethought,we can help prevent issues from negatively served for six years as Sanitation Engineer managing all affecting a project's progress. Because when Harris aspects of the 320 mile collection system. Mr. Mendoza joins your team,we focus on making your concerns, has stewarded tens of millions of dollars worth of sewer our concerns. Moreover,our professionals have the capital improvements from concept to completiorl. experience that provides your project the advantage and into the maintenance phase. Mr. Mendoza's from the get-go.They know the ins and outs of consulting experience includes pipeline assessment, bringing a challenging wastewater pipeline replacement replacement, and rehabilitation; inflow and infiltration project to successful fruition. studies; environmental channel design;sewer master plans;and plan checks. His municipal also experience As shown in our organization chart,our project includes ordinance updates, manager, Carlos Mendoza, PE, has over 17 years regulatory enforcement and �htm Rance, negotiation of of water/wastewater experience including six years �F. ; '"� compliance, g managing a 320 mile collection system for the City of }ay-N easements and agreements, Vista/Buena Sanitation District. He will draw u on and develo merit review. P ;' rf;' P the extensive Harris team to meet the varied needs of c�<AF�eN`P the Citv.We have included resumes for our project teamProject members.All of our key Daniel Lee,PE Ehab Gerges,PE personnel are available and committed for the duration Project Manager of the project. Harris has offices located throughout California, including Carlos Mendoza,PE Irvine and San Diego. Work will be performed in our Palm Desert office. Trenchless Alternatives Project Designers Subconsultants Vern Phillips,PE Bran Pollard,PE Surveying (4 years CADD experience) David Dale,PE,PLS Dynamic Consulting Engineers Charles Brown (23 years CADD experience) Geotechnical Investiggtion John Leuer,GE Ricardo Villalvazo LOR Geotechnical (9 years CADD experience) Utility Potholing Mark Crabtree,EIT Dave Munson (2 years CADD experience) Underground Solutions Waarnis$e AmciateS. Page 15 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 Carlos Mendoza, PE (continued) inch diameter pipelines and 36 manholes. He also represented the District in the coastal development Mr. Mendoza has led public outreach programs,given permit hearing. presentations, and conducted software development and training. City of Vista, Spill Response and Emergency Construction, Mr. Mendoza responded to a force main break by Selected Project Experience managing emergency response and emergency bypass operations and managing the design and construction Vallecitos Water District, Linda Vistct Seaver of over 900 linear feet of 8-inch force main replacement II-Provements. As Project.Manager, Mr. Mendoza within one month. is currently working on the preliminary design of approximately 2,700 feet of sewer realignment and City of Chula Vista, Salt Creek Interceptor Replacement. upsizing including three (3) trenchless crossings,one Mr, Mendoza assisted in completing the PS&E under the Caltrans right-of-way. for approximately 15-miles of 24-inch to 48-inch sewer pipeline connected to the City of San Diego's City of San Diego, Design/Build Services fbr Water Group (METRO)sewer system. The project included 790. As Design Engineer,Mr. Mendoza is currently microtunneling under Caltrans ROW,and extensive managing the design of nearly 4.5 miles of water permitting and agency coordination. pipeline replacements up to 12-inches in diameter under the design-build project delivery method for City of V istca, Buena Outfirll l-�orcc jVtain 1'base 11 Pnject. the City of San Diego. Water Croup 790 is part of a As Sanitation Engineer, Mr. Mendoza managed the program established by the City of San Diego and the design and negotiated and managed the reimbursement California Department of Public Health mandating the agreement for the realignment and upsize of over replacement of all cast iron water mains currently in 3,000 linear feet of 24-inch sewer force main within service. Faraday Road.as part of the Carlsbad Oaks North Development. City q f Vista, York Drive,Sewer Replacement Project As Sanitation Engineer, Mr. Mendoza managed the design, City of Vista, Los Angeles Avenue Sewer Replacernertt construction, agency permitting, and on-site mitigation and(.Ipsize. Mr. Mendoza managed the design and for the installation of over 8,000 linear feet of eight to construction of a 330 linear foot trenchless sewer twelve inch gravity sewer mains along with easement realignment and upsize using horizontal directional widening and easement road improvements for this drilling to facilitate a low-income housing project. canyon sewer project and 26 easement acquisitions. City of'Vista, CIP Program Management. Mr. Mendoza (.;itv o f V ista, Vista-Carlsbad Interceptor Improvements. managed all projects, budgets, and schedules for Mr. Mendoza led technical and administrative the City of Vista and Buena Sanitation District CIP negotiations with the City of Carlsbad on the planning, program from 2003-2009. He also managed the design, and cost sharing for over$40 million in completion of the 2007 Sewer Master Plan Update, improvements to the shared line. Improvements condition assessment program,and coordinated with included a 36 MC�D pump station, force mains, department heads and upper management in helping gravity lines, and a trestle bridge crossing of the Agua to develop a$40 million five year CIP program Hedionda Lagoon, underwritten by a sewer service charge increase. City of Vista, Vista-Ciarlsbad Interceptor Reaches VCI- I'ealia tV4zter; City of Arvin, Sewer Capacity Analysis VC;i Rehabilitation. Mr. Mendoza managed the and Master 1'lran. As Project Manager, Mr. Mendoza design, bidding,permitting,construction,and project managed the survey, GIS development, and performed agreement negotiations with the City of Carlsbad the SewerGEMS capacity analysis. He used the analysis for rehabilitating over 3,600 if of 36-inch to 42- as the basis of the City's first sewer master plan. The project is in draft form. Client feedback was the analysis exceeded expectations. Harris&Associates. analysis 16 60 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 Ehab Gerges, PE - Project Director documents for sewer and storm drain improvements. The intent of the project was to eliminate the existing Education:BS, Civil Engineering Regal View Pump Station. Registration:Professional Cavil Engineer, CA #5999I City of Coronado, Margarita Avenue Sewer and Roadway Mr. Gerges has over 20 years of professional experience Rehabilitation. Mr. Gerges was the Project Manager in public works design. He has managed and designed responsible for preparing the PS&E of t/2 mile of a wide variety of public works projects including Margarita Avenue.The project replaced 1,200 linear site development, pavement rehabilitation, street feet of VCP sewer with PVC sewer main.The project widening, storm drain, sewer and water improvements. was designed with gutter plates and root barriers to He has been responsible for the preparation of slow future root growth. studies and master plan reports for sewer,water, and drainage infrastructures. Mr. Gerges'experience also City of Coronado, Sewer and Alley Improvements. Mr. encompasses municipal engineering where he served on Gerges is the Project Manager. Barris is responsible assignments helping public agencies in the preparation for preparing the design for water and sewer trains of request for proposals, consultant selection,contract and alley improvements. The sewer and water mains negotiations, NPDES and other permits'processing, are located in alleys and include numerous challenges infrastructure studies and bidding, inspection, consisting of substandard water/sewer separations, and construction management for several capital utility conflicts, and are in close proximity to existing improvements projects. fencing walls and structures. Our scope of services includes geotechnical investigation, field survey, Selected Project Experience photographic:inventory of existing conditions, traffic control plans, obtaining Caltrans encroachment permit, City of Catheelral City; Dream Homes Sanitary Sewer/ and preparation of construction documents. Water Improvements Assessment District. Mr. Gerges was the Project Manager responsible for the preparation C-zt1'of Vista, Citrus Sewer Replacement. As Project of a sewer study and construction documents. This Manager, Mr. Gerges was responsible for the project included the construction of a sanitary sewer preparation of the PS&E for the replacement of the systetn,approximately 26,280 linear feet of local gravity existing 6-inch train with an 8-inch line that will be 8-inch to .12411ch trunk sewer, manholes, related constructed within the existing easement. "11te total facilities, and laterals connecting individual parcels length of the sewer main is approximately 440 feet, to the sewer system. 'Ilue sewer study included review and analysis of the City of Palm Springs Sewer Master City of Carlsbad,, CMP Rehabilitation. Mr. Clerges Plan.The study determined the sewage flows generated was the Project Manager,The City has assembled a by the assessment district and evaluated the existing Corrugated Metal Pipe(CMP) Replacement Program capacity of the existing sewer trunk down stream to the that identified tens of pipe segments throughout the treatment plant. City that are failing and require imminent replacement/ rehabilitation. This is a multi-year implementation City o f Encinitas, Hwy 101 Sewer Force Main program. Replacement Phase 3. As Project Manager, Mr. Gerges was responsible for preparing the PS&E for the City of'Laguna Beach, Los Robles Area Sewer replacement of the existing 14-inch DIP sewer main Improvements. Mr. Gerges was the Project Manager for from the Moonlight Pump Station to Highway 101, the construction of 6,200 linear feet of 6- to 8-inch approximately 2,000 linear feet. sewer pipe. 'The project involved replacing the sewer system located in an easement at the back of existing City rf•Encinitas, IkiZxl Road Sewer and Storrn Drain homes. avid Regal. View 11urnp Station, Mr. Gerges was the Project Manager responsible for preparing the PS&.E 01 Harris&Associates. Page 17 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 Daniel Lee, PE - QA/QC Manager development project,a 160-acre subdivision in Rancho Bernardo. He performed engineering design of all Education:BS, Civil Engineering sewer and water mains, stations, force mains,pressure Registration:Professional Civil Engineer, CA #38396 reducing stations and associated appurtenances. Services included mass grading,street design,drainage Mr. Lee has over 28 years of experience in project design, sewer and water systems,cost estimation, management and design of civil engineering projects construction management, subdivision mapping, community workshops, feasibility studies, agency throughout California, Arizona,Nevada and Mexico, processing(Caltrans D11), and as-builts. including extensive experience in major transportation and water resource public works projects, residential, commercial, resort and industrial.land development was 1'l�a:�,a Shopping Center., San Diego, CA. Mr. Lee projects.AS a leader and manager of engineering staff, was the Project Manager For the preparation of 1'S&E Mr. Lee has been responsible for conceptualizing and for the replacement or realignment of sewer,water and drainage systems within Fourth Avenue, First Avenue, preparing feasibility studies for routing alignments, mass grading,and technical studies;verifying efficiency G11 Street, and Broadway Place for the Center City and quality by reviewing reports,drawings, estimates, Development Corporation. and specifications. City o f National City, .National City.Redevelopment. Mr. Lee's extensive public works experience includes Project Manager for the preparation of sewer plans infrastructure design of transportation and water which included design and construction staking of 10 resource projects. Some of Mr. Lee's most notable acres of redevelopment projects, drainage master plans, projects ects include planning, gn desi an project ro ect storm drain construction drawings, and estimates and ' management of 22 miles of pavement rehabilitation in specifications For the 10-acre Redevelopment project the City of Poway; State Route 86 Sewer rehabilitation for the City of National City. project for the City of El Centro; numerous street, highway, and utility planning and design projects in the lZi ;r�gate in San Diego, CA. Project Manager for cities of La Quinta, Palm Desert, and Cathedral City; the preparation of the Sewer Master Plan and Water and the design of five miles of sewer trunk main for the Master Plan in conjunction with La Jolla Community MTDB Eastline Trolley. Water and Sewer Systems. This 150-acre community development project included design as well as Selected Project Experience construction staking of all sewer and water mains and appurtenances. City of Carlsbad. Cakiveras Milli Community Water and Sewer Systems. Mr, Lee was the Project Manager 5rtn Di go Eastline Trolley Water and Sewer 111ain responsible for the preparation of the Sewer Master ReplacementlRealigrtnrent, Sizn Diego. Project Manager Plans for a community development project consisting for the preparation of plans,specifications and of 600 acres. Tl,e project included the design ofsewer estimates for the replacement and realignment of sewer mains and water main systems. trunk mains, laterals, water mains and services along five miles of the Eastline Trolley For the Metropolitan Cannel 1/alley Village Sewer and Water Systems, Sara Transit Development Board. Diego. As Project Manager,Mr. Lee was responsible Westwood Valley Community Writer and Sewer Systems for the design and construction staking of all sewer and in San Diego. Project Manager for the preparation of water mains and appurtenances for this 300-acre site. the Sewer Master Plan and.Water Master Plan for this high Country Wirt Community Winter and Setuer 1,000+ unit community development project. Design Systems in San Diego. As Project Manager and Project and construction staking of all sewer and water mains, Engineer, Mr. Lee was responsible For the preparation sewage lift stations, sewer force mains,water pressure of the Sewer Master Plan fora 579-unit community reducing station,sewage detention facilities and associated appurtenances were included. Maoris&Amciates„ Page 18 C 4T CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 Vern Phillips, PE - Trenchless City of Las Vegas,Monte Cristo/CheyenneSewer Alternatives Interceptor."Technical Advisor. Mr. Phillips was the technical advisor for the micro-tunneling aspect of the project. His team solved a challenging issue Education:BS, Civil Engineering involving improperly constructed pipeline grade with Registration: Professional Civil Engineer, CA#3.34--39 an innovative solution—the use of a reconfigured boring head.This solution saved over$300,000 in Mr. Phillips has over 30 years of experience in construction costs and minimal delay to the project program/construction management and civil design schedule. This$6.2 million project included the for infrastructure improvements for public agencies. installation of 23,215 LF of 30-to 36-inch sewer line, His expertise is in pipelines,wastewater and potable one mile of which was installed by microtunneling. water facilities. His skills include technical oversight 'fhe project also included installation of three jacked and quality control for projects during construction, steel casings at three different state highway crossings the preparation of project construction documents, and 47 manholes ranging in diameter from six to eight and program management of public works and capital feet and in depth from 10 to 44 feet. It also included irn.provenient projects. fie has developed design and asphalt concrete pavement removal and replacement as drawing standards for pipelines, structures, and roads. required. Mr. Phillips has considerable pipeline experience City of Hayward, Arden1Shaxcta Trunk Sewer. Project for potable and reclaimed water force mains,sewer Manager. Mr. Phillips managed the study and design of and storm drain facilities, natural gas,saltwater,and 2.5 miles of 39-inch and 27-inch concrete trunk sewers dredging pipelines. He is a nationally recognized expert and 29 manholes that have endured 30 years of sulfide in trenchless technology for pipe construction and corrosion in the City. Study work included coring experienced in the usage of advanced pipe materials. material samples from the pipe wall, laboratory analysis, Mr. Phillips has authored several articles in Trenchless and hydraulic modeling of future flows. Research Technology Magazine• included review of televised pipe inspection and geologic investigations on file with the state and the Selected Project Experience City. This$1 million construction project resulted in improvements to the trunk sewers including sl.ipl.ining, City of'Santa Monica, .Projects? 'A. Z 8A, and 10 spiral wound pipelining,and robotic manhole epoxy - Repair cf'Farthyuake Damaged Sewer Mains. As the coating. Technical.Advisor on this$18.5 million project, Mr. Phillips gave special assistance to the City for trenchless (.it-of Piedmont; ,Sanitary Sewer Rehabilitation Progr-1171. technology applications for pipeline rehabilitation. Project Director."Ihrough his management efforts, Mr. Projects included directional drilling, pipe bursting, Phillips shaved six years off the initial schedule of this fold-and-form lining, cured-in-place lining, and spiral project and saved the City$9 million.To comply with wound lining techniques as well as conventional requirements from the State Water Quality Control open-cut construction for six- to 36-inch sewer mains Board, the City was required to reduce their sanitary throughout the City. sewer overflows and groundwater infiltration. Studies were performed and areas identified for rehabilitation. City of.11everly 11ills, District. 9, 10, .12, and 13 Sanitary Pipebursting and fold-and-form lining technology were Sewer Improvements. Project Manager. Mr. Phillips employed to avoid many of the impacts to traflic and managed this project involving over 91,000 feet of the residents for this$16 million, multi-year program, collection system pipe and manholes which were TV inspected and evaluated. More than 40,000 feet of pipe was identified for rehabilitation by fold-and-form PVC lining in six,eight, and 10-inch diameters for this$2 million construction project. ElHarn's&Amciat@S. Page 19 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No, 10-02 Bran Pollard, PE - Project Designer David Dale, PE, PLS - Dynamic Consulting Engineers (Surveying) Education:BS, CivilL'rrginecring Registration:Professional Civil Engineer, CA #76547 Education:BS, Mechanical Engineering Mr. Pollard has six years of experience in civil Registrations:Professional Civil Engineer, CA #6_3588; Professional Land Surveyor, CA #8603; engineering, through both in-school coursework as well as internships, Ile worked for two years with Mr. Dale has over nine years of experience in civil civil/drainage engineers in the storm drain section of a engineering design that includes plan checking, design. municipal street maintenance department. During that of streets, water distribution systems, sanitary sewer internship, he assisted in drafting traffic signal design, collection systems and water and waste-water treatment signing and striping plans as well as traffic control plans systems. Mr. Dale also has extensive experience in for various jurisdictions. construction management of major construction Selected Project Experience projects including streets, pressure and gravity sewer systems, sewer lift stations and treatment facilities. City of Cathedral City, Dream homes Sanitary Sewer/ Nord)Shore Irfill Prc jr.•ct, Rancho.Housing Alliance Warr Improvements Assessment District. Mr. Pollard (.Nutt rrn fit Organization)North,Shore, Cg a assisted with the preparation of a sewer study and prepared site plans, cost estimates,grading plans, CE construction documents.This project included the hydrology study and improvements plans for the construction of a sanitary sewer system,approximately 12 unit low income housing development project. 26,280 linear feet of local gravity 8-inch to 1.2-inch DCE coordinated project approval and permitting trunk sewer, manholes, related facilities,and laterals with Riverside County Planning Department and connecting individual parcels to the sewer system."17te 'transportation Department. Project completed on time sewer study included review and analysis of the City of and designed within budget. Palm Springs Sewer Master Plan. The study determined g the sewage flows generated by the assessment district Rancho.De La f,e Project, Construction A'farra;Ternent and evaluated the existing capacity of the existing sewer trunk.down stream to the treatment plant. and Resident/�ngirrcering`or the Irrtlirovernent:s of IZ7 Single Krmr.'ly Homes Development, Deser•t.Alliance for Community Emlrowerrnent(DACE)and Rancho City rf trtdio, Madison Avenue Bridge and Corridor HousingA/lianc•e(Nara f�rnfit Organization), Coachelki, Improvements. Project Engineer for the proposed project CA Members of our staff'worked on the construction which will construct a new roadway segment and management and resident engineering services for the bridge crossing over the All-American Canal and the construction of improvements for the 125 low income Coachella Valley Storm Channel (White Water River) housing development. Construction management to complete the missing link between Miles Avenue and included coordination with contractors,developers, Fred Waring. Tie project also includes improvements City of Coachella and Utility Companies including to the four-mile Madison Street Corridor including 111)and Coachella Valley Water District. Construction roadway widening, traffic signal modifications, drainage management included the supervision of construction improvements, and pavement rehabilitation.At the of the finish pads, soil compaction testing, grading, completion and approval of the Alignment Study street paving,curb and gutter,concrete flat work, Report, Harris proceeded with the preparation of concrete testing,water,sewer and storm drain construction documents, coordination with CVWD systems and dry utilities. Project had delays due to to obtain all necessary encroachment permits, and conflicts with the design that were uncovered during preparation of environmen tal documents right of way construction. documents. Harris&Associates. Page 20 64 CITY OF PALM SPRINGS Tract No.i3257 Sewer Improvements,City Project No. 10-02 John Leuer, GE - LOR Geotechnical Dave Munson - Underground (Geotechnical Investigation) solutions (utility Potholing) Education:BS, Civil Engineering Education:BS degree Registration:Professional Civil Engineering, CA#34996/ Professional Gcotechnical Engineer, CA #2030 Mr. Munson has over 22 years experience in trenchless technology and infrastructure solutions. He has worked Mr. Leuer has over 26 years of experience on literally with Underground Solutions/BRH-Garver West for hundreds of geotechnical projects. He has acquired over eight years. Furthermore, he is a member of a specialized knowledge of the many geotechnical EGCA, NUCA, and BIA. considerations involved for construction in the Southern California area, and is highly experienced in all aspects of soil and foundation engineering. Mr. Leuer has substantial experience coordinating projects for the public and private sector gaining a reputation for being responsive to the clients' needs while providing strong technical expertise. Various Rehahilhation Projects. Lead Engineer. Mr. Leuer has conducted pavement structural section component analysis on numerous pavement rehabilitation projects within the cities of Moreno Valley, Lake Elsinore, San Jacinto,Apple Valley, Victorville, Garden Grove.,and Yorba Linda. The purpose of these evaluations was to determine the existing structural sections and the subgrade soil strength properties within the subject roadway segments. 'llie existing structural section data and subgrade soil strength properties were then used to evaluate the subject segments for new structural segment design and/or asphalt concrete overlay/inlay requirements.The information presented within the report was intended to provide an information database for the development of plans and specifications for rehabilitation of the subject roadway sections. Harris&Amciates. Page 21 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 D. Firm Qualifications Principals Authorized to Bind the Firm Hit &Associates � . (76,Q,),: 40-6Lil Fes- 0 E JW &NEE E • . The following principals are authorized to bind Harris "intact Krsoty;garlos 9Aaoza a in a contractual agreement. L. Carl I larris, PE-Chairman tis is C alifotnorpotr.„«, N s Guy A. Erickson, PE- President r Neil McCosker, PE-Senior Vice President About Harris Vern Phillips, PE-Senior Vice President ■ Ehab Gerges, PE-Vice President/ Manager, In 1974, Harris began as a wastewater treatment facility Engineering Services design and construction management firm. Since Byron G.Tobey,Jr., PE, LEER-Vice President/ then,pipeline design services has remained a mainstay with Harris.With more than 70 licensed/registered Regional Manager engineers on staff, Harris has completed a multitude of Javier Saunders, PE-Vice President/ Regional pipeline assignments as a prime consultant in Southern Manager California. Harris is also a leader in replacement and Brett Barnett, PE, CCM-Vice President rehabilitation of pipelines using the innovative methods ] Carolyn Colson-Vice President made available via trenchless technology. From pipe bursting and microtunneling, to designing large r Joan Cox, PE-Vice President diameter cured-in-place and fold-and-form linings,we Brian A. Danley, PE, LEED-Vice President are a leader in the use of design technologies. s Isaac Dee, CVS, CCM-Vice President Harris takes pride in our success in supporting Robert DeL.iso, PE-Vice President California public agencies such as the City of Palm Robert Earl, PE-Vice President Springs with civil engineering services for over 36 years. • Jules P. Feher-Vice President Our civil engineers specialize in public infrastructure. Robert S. Guletz, PE-Vice President We are currently ranked 38`1 in Trenchless Technology Ed Kozlowski,AIA, LEED-Vice President magazine's Top 50 Design Firms. Harris has the experience and knowledge to guide the City of • Dana LeSher, LEER-Vice President Palm Springs in these cost-effective construction Russell A. Moore, PE, L,EED-Vice President technologies. Our design services include water,sewer, Mike Motil, PE, LEER-Vice President and storm system master planning;water distribution, sanitary sewer,and storm facilities;joint trench Steven E. Roberts, PE-Vice President design; trenchless technology solutions; streets; traffic Marian S. Ross-Vice President signals and lighting;storm water management plans, • Marie A, Shockley-Vice President programs, and practices.Working within the street ■ Kim A. Sloat, PE, LEED -Vice President right-of-way will require experience in most of these areas. • Larry G.Timmer, PE-Vice President Harris&Associates. Page 22 I c CITY of PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 Relevant Project Experience location.The study included a review of the City of Palm Springs'sewer master plan, analysis of future Harris understands that successful project delivery development upstream of Dream I Tomes and extensive means more than being on-time and under-budget. coordination with the City of Palm Springs, Desert Successful projects have to address the concerns of Water Agency for final acceptance of the study. Harris neighbors and users, be sensitive to the environment, also assisted the City in developing and implementing and conform to local political realities. By focusing a public outreach campaign during the design. The on our clients' needs as our top priority,we have total construction cost was approximately$9 million. earned an excellent reputation within the industry. The project was completed with less than 1%in change Our teams expertise includes cured-in-place (CIPP) orders. lining, pipe reaming,slip lining, fold-and-form lining, pipe bursting, microtunneling and directional drilling. Madison Avenue Street Extension, Highlighted below are projects that represent on-target City of Indio experience similar to what is required by the City. 1u, � Dream Homes Sanitary Sewer Improvements Assessment District, City of Cathedral City Client Contact:William Bayne,PE,City Engineer, ' ` (760)770-0360 N 'The project a �a included the construction of a sanitary , Client Contact:Tom Rafferty, Principal Civil Engineer, sewer system, (760)391-4oi7,ext.4270 approximately 33 This project was to construct a new roadway segment 26,280 linear feet jail iCi " ' and bridge crossing over the All-American Canal and of local gravity t3' a F the Coachella Valley Storm Chancel (White Water 8-inch to 12- River) to complete the missing link between Miles inch trunk lines, Avenue and Fred Waring.The project also included manholes, related 4''" improvements to the four-mile Madison Street facilities, and " * Corridor including roadway widening, traffic signal laterals connecting modifications, drainage improvements, and pavement individual parcels rehabilitation. to the sewer system. Approximately 528 parcels within the assessment district boundary have access to the Harris'scope of work included the preparation of an municipal sewage system of the sewer improvements. Alignment Study Report for the missing link segment, In addition, the project included the reconstruction review of existing;traffic models prepared by the City of all affected roadways within the assessment district and Coachella Vallev.Association of Governments boundary to meet current City standards. (CVA.G) for the Madison Street Corridor, coordination with the Coachella Valley Water District(CVWD) for Harris' scope of work included the preparation of a project requirement for City selected alternative and sewer study to determine the sewage flow generated by preparation of a report discussing all the pros and cons the assessment district and evaluate the existing capacity of each alignment, R/W requirements,and preliminary of the sewer system down stream from the connection probable construction cost estimates. Harris&Associates. Page 23 67 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 At the completion and approval of the Alignment Study Report, Harris proceeded with the preparation ,. of construction documents, coordination with CVWD `' to obtain all necessary encroachment permits, and preparation of environmental documents right of way documents. This project was phased in three different phases constructed over 2009 and 2010. Sanitary Sewer Assessment and MI°Zv Replacement Program, City of Coronado Client Contact: Ngyra Stebbins,(619)522-7300 found a way to save trees by doing work when the trees For the last three years, Harris has been assisting are dormant and employing a program of selective the City of Coronado with evaluating and replacing pruning and root training. Construction documents the City's sewer system as part of the City's Capital required the contractor to have an arborist on staff and Improvement Program Projects. One project that is to cover the exposed roots with wet soil overnight. highlighted is the Margarita Avenue Rehabilitation and Sewer Main Replacement.The sewer and water mains Our services included conducting a geotechnical. are located in alleys and include numerous challenges investigation, field survey, field review, arborist review, consisting of substandard water/sewer separations, and community meetings. We also prepared PS&E for utility conflicts, sandy soils, high groundwater, and the pavement rehabilitation and sewer replacement. are in close proximity to existing fencing walls and structures.The assessment of the sewer system includes Citrus Sewer Replacement, City of Vista inspection of CCT1/of existing sewer mains, reviewing capacity issues identified in the City's Sewer Master Client Contact: Sudi Shoja,(760)726-1340,x1324 Platt and preparing plans specifications, and cost estimates for projects identified in this assessment Harris was responsible for the preparation of design (.process. plans,specifications, and estimates for the replacement of the sewer main for the City ofVista. The project Margarita Avenue Rehabilitation and involved the replacement of undersized existing 6-inch sewer main with an 8-inch line that was constructed Sewer Main Replacement, within the existing easement. Tie train is located City of Coronado in a sewer easement and serves several properties on Connecticut Avenue, Orange Avenue, Massachusetts Client Contact: Ngyra Stebbins,(619)522-7300 Avenue, and Citrus Avenue. Harris completed the design of.5 mile of Margarita the existing main had several collapsed sections as a Avenue for the City of Coronado.The street is lined with mature large canary island pine trees which result of root intrusion. Harris reviewed as-built plans are very popular with the residents, but have caused and sewer logs to evaluate the condition of the existing excessive damage to the street.The project also replaced sewer.An additional construction sewer easement 1,200 I...E of old deteriorated and root entrained VCP was obtained to build a portion of the sewer without sewer with PVC sewer main. The project was designed disruption to service and maintain existing unpermitted with gutter plates and root barriers to slow future root fencing,walls, and structures without damage. growth. Root intrusion has contributed to severe sewer main damage and pavement alligator and transverse cracking. I-larris consulted with expert arborists and elfilar[tS+fit Associates,. Page 24 68 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 Hwy sot Sewer Force Main Brookhurst Street & Westminster Replacement Phase 3 (aka: Moonlight Avenue Sewer Improvements, City of Beach Sewer Force Main Replacement), Garden Grove City of Encinitas V 'W5 # y Client Contact: Kipp Hefner,Associate Civil Engineer, Client Contact: Mark Uphus, PE, Senior Civil Engineer (76o)633-2775 -Public Works Dept.,(714)741-5191 The project replaced the existing 1.4-inch ductile iron "lhis project included the replacement and upsizing of pressure sewer main from the Moonlight Pump Station approximately 7,515 lineal feet of 10-inch to 18-inch to Highway 101, approximately 2,000 linear feet. trunk sewers identified in the Sanitary District's Sewer I-larris prepared PS&E documents for the pipeline Master Plan with an approximate construction cost force main improvements including design, field survey, of$2 million. The project also included preparation traffic control, and geotechnical investigation, of sewer capacity analysis to review the findings and recommendations included in the master plan, The scope of work included review of Surge Analysis design of a triple sewer siphon to avoid existing 13' Report findings and recommendations for the existing x 8' RCB, jack and bore of several segments of the pump station at the down stream side of the proposed project alignment to avoid major crossing utilities and. force main. Recommendations included in the surge extensive utility coordination. 'The proposed sewer analysis were incorporated in the project design. As trunk connected to existing 54-inch Orange County the existing alignment is less than 200' from the Sanitation trunk sewer and a connection permit with coastal area, traverses residential neighborhoods and the County's Sanitation District was obtained. along dense utilities, several project alignments were developed and presented to the City for consideration. Group 3 Sanitary Sewer Improvements 'I he Barris team also conducted utility potholing and Project 2 (Model 7, Phase I & II), City coordinated with utility agencies for potential utility of Anaheim conflicts.The proposed alignment also had to maintain the existing force main in service while the proposed Client Contact: Khanh Chu, PE, Principal Civil Engineer, force main was under construction. In order to expedite (714)765-5259 construction and reduce traffic impacts along Coast Harris obtained CCTV inspection and full topographic Highwav 101, the team used restrained joints to survey and prepared PS&E construction documents transfer thrust forces. through considerable refinement of the sewer master plan recommendations to address deficiencies and add needed capacity to the system for both the existing and future build-out condition. Solutions included removal and replacements, parallel sewers and upstream diversions. One major highlight worth noting is Harris' innovative designs for the Phase I sewer improvements on La Palma Avenue resulted in approximately$1 Harris&Associates. Page 25 69 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No.10-02 " This project involved the replacement of a two-mile, 41 30-inch diameter HDPE forcemain located in a beach, with 3.5 miles of dual 18-inch and 20-inch forcemains, located inland. The route included two bore and jack crossings under railroad tracks and one horizontal directional drill crossing under Aptos Creek. One project challenge was that a portion of the forcemain alignment needed to cross Aptos Creek. To minimize environmental impacts and reduce million savings in construction costs compared with costs, trenchless technology in the form of directional drilling was designed for the 18-inch pipeline. Vertical the original master plan recommendation. Specifically, alignment under the creek was critical so that hydro- fracture would not spill drilling fluid onto the beach. be upsized to a 30"VCP,was found to be in good condition in the CCTV video and through the innovative combination of two upstream diversions Subconsultants and the construction of 1,000'of parallel 1.2"VCP sewer, rite necessary capacity was added. This approach Dynamic Consulting Engineers - avoided removal ofas much as 2,800'of24"V( R Surveying the costly construction of 2,800' of 30"VCP, and the related expensive temporary trunk sewer bypass and Dynamic Consulting Engineers, Inc. (DCE) a traffic control. California Corporation,provides land surveying services. Their services include lot and boundary Aptos Transmission Foreemain closure calculations; dedications and easement Relocation Design, Santa Cruz provisions; legal descriptions and completeness and Sanitation District accuracy of data notation; lot line adjustments; reversion to acreage; parcel maps; final maps including associated easement and/or right-of-way dedications, street vacations, access agreements, and other legal documents for recordation with the client; tentative maps; record of surveys; tract snaps; right of way maps; lot mergers; topographic surveys and data collection; construction staking; "as-built"surveys and the Po subsequent preparation of"as-built" plans to be fled l3 with local agencies; manhole surveys and inspections; and mapping. Client Contact: Rachel Lather, PE,Senior Civil Engineer, (831)454-�637 DCE uses conventional equipment and GPS to Harris'responsibilities on this$11 million force main construct topographic maps illustrating the existing replacement project included coordination with the characteristics of the site, including topographic client and outside review agencies;directing in-house contours, natural features,vegetation and trees, staff and design subconsultants; quality control of buildings, roadways, utilities,and associated elevation our construction documents; and preparation of and attribute data. These topographic surveys provide specifications and cost estimates. the basis for all subsequent project site design and engineering. Harris&Associates. Page 26 70 CITY of PALM SPRINGS Tract No.13z57 Sewer Improvements,City Project No.to-oz LOR Geotechnical - Geotechnical Underground Solutions - Utility Investigation Potholing LOR Geotechnical Group, Inc. (LOR), is a professional Underground Solutions, Inc.was formed out of geotechnical consulting company providing cost- necessity by experienced utility contracting experts efficient services in the geotechnical, geologic, that realized the need for safe, fast and accurate environmental and construction inspection fields underground utility locating. Since acquiring state since 1988. LOR has a wide diversity of experience, of the art"air excavation"potholing equipment, the including planned communities,commercial, industrial business has exploded as the need for"due diligence" projects and residential development,as well as,public is realized by local consulting engineering firms, water infrastructure improvements. and sewer districts, municipal customers and utility contractors. The geotechnical services offered by LOR include: Preliminary geotechnical investigations Underground Solutions, Inc. and their team of highly qualified operators and management are committed to ■ Preliminary soil engineering investigations a fast, safe and accurate utility locating service capable a Geotechnical feasibility studies of non-disruptive"air excavation" potholing service. ■ Geotechnical engineering High velocity air delivers the power to cut precise holes into the earth while not damaging the utility • Foundation investigations being located. Using a "dry"system, allows for more Forensic studies economical and environmentally friendly excavations. Street structural section design. • Percolation feasibility studies a Laboratory testing services Harris&Associates. Page 27 71 ID Task Name Start Finish Duration Predecessors: 2011 -Sep Oet ... Noy Dec _Jan..._. Feb__ Mar Apr MaY....._, . . _..... 4_...-2 ..... .3 5__;....7 9 11 13 15 17 19 21 23 31 33 35 1 2 City Actions Thu 9116110 Wed 1111DI10 40 days i 3 Selection Process Thu 9116/10 Wed 1016/10 15 days 4 Award Process Thu 1017110 Wed 1113/10 20 days 3 . ., . 5 Notice To Proceed Thu 1114/10 Wed 11/10/10 5 days 4' - fi Task 1.0 Project Management Thu 11111/10 Wed 5Il l/11 130 days 7 1.1-1.5 Mtgs,Reports.Utility Thu 11/11/10 Wed 5/11111 130 days 5 Coordination,QAIQC 8 Kick off Meeting Wed 11/17/10 Wed 11/17/10 0 days 5FS+5 days. 9 Preliminary Utility Notices Wed 11/24/10 Wed 11/24/10 0 days 8FS+5 days 10 :Task 2.0 Preliminary Investigation Wed 11/10/10 Wed 3/30/11 100 days 1 t 2.1 data Gathering&Field Review Wed 11/1 Oil 0 Wed 1211110 3 ewks 5 12 2.2 Geotechnical Investigation Wed 212111 Wed 312111 4 ewks 18 13 2.3 Survey Wed 11/1 Oil 0 Wed 1218110 4 ewks 5 14 2.4 Utility Potholing Wed 2/16111 Wed 3/30111 6 ewks 19 15 'Task 3.0 Preliminary PS&E(30%-60%) Wed IV8110 Wed 2116111 60 days 16 3.1,3.2 301%PS&E Submittal Wed 1218110 Wed 12129/10 3 ewks 13 17 f ) Wed 12/29/10 Wed 1112111 14 edays 1fi District Review 3Q% 18 3.3.3.4 60%PS&E Submittal Wed 1112/11 Wed 212111 3 ewks 17 19 District Review(60%) Wed 212111 Wed 2116111 14 edays, 18 2a .Task 4.0 Final P5&E(90%-100%) Wed 2116111 Wed 5111111 60 days 21 4.1-4.3 90%PS&E Submittal Wed 2116111 Wed 319111 3 ewks 19; 22 District Review(90%) Wed 319111 Wed 3123111 14 edays 21' 23 4.4 Final PS&E plus Mylars Wed 3/23111 Wed 5111111 7 ewks 22 Task Rolled Up Task External Tasks _ City of Palm Springs Progress _ Rolled U Milestone O Project Summary Palm Springs RFP 02-11,Tract g P 1 13257 Sewer Improve Milestone O Rolled Up Progress Group By Summary Date:Tue 9114110 Summary Split �„�,,.��.��,.��,�� Deadline Harris& sociates j { 43-100 Cook Street,Suite 103,Palm Desert CA 92260 CITY OF PALM SPRINGS Tract No.13257 Sewer Improvements,City Project No. 10-02 Exceptions Harris appreciates having the opportunity to review the City's Professional Services Agreement and has the following suggested changes to the Agreement. 6. Indemnification 1st Paragraph f 8"'line,add"to the extent"before"arise out of, pertain to or related to..." and Paragraph 3`l sentence,delete"allegations" 1.1 Scope of Services • 6"'line, change"first class"to"professional" 8`'line,either delete"highest"or change "high quality among on the 9`h line to either "professional quality among or"usual and customary level of care and skill ordinarily exercised among ElHarris&Associates.. Page 29 "'d 3 EXHIBIT "D" 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-rata 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 Task 1 — Project Management Task 1.1, Progress Meetings (2) $ 2,100.00 Task 1.2, Utility Coordination $ 1,540.00 Task 1.3, QA/QC During Design $ 2,825.00 Task 2— Preliminary Investigation Task 2.1, Data Gathering & Field Review $ 4,080.00 Task 2.2, Survey $ 5,335.00 Task 2.3, Utility Potholing (6) $ 7,975.00 Task 3—Preliminary PS&E (60%) Task 3.1, 60% Plans $ 19,465.00 Task 3.2, 60% Specifications $ 5,895.00 Task 3.3, Cost Opinion $ 2,700.00 Task 4— Final PS&E (90% - 100%) Task 4.1, 90% Plans $ 3,160.00 Task 4.2, 90% Specifications $ 1,195.00 Task 4.3, 90% Cost Opinion $ 700.00 Task 4.4, Final PS&E plus Mylars $ 1,995.00 Grand Total $ 58,965.00 END OF EXHIBIT "D" Exhibit"D" Page 1 of 1 74 ID Task N Stara FRIO DuMiDn 2Q11 ........................... .................. ............... _,..�._...........__. � ---._._........ _ ..__................................__......... 02 met Fab ar Ma Jun 1 2 ity Aclrflns Thu 9t16f111 Me"1112Zt1d 48 clays 3 l rar Pr Thu 9 1&10 'Ned 1iF�1u 15 da 4 Award Ar $� - -_. -_- _ Thu 1tT IQ I VI;10 20 days __"""""` Notice To Proceed Tue 10610 11,?2!1 u 5 days 5 Tii t.O-Project nalpe€tt9m - due 11123r113 W6n WWI _.._13U Bays 1 1-1 5 Mtge(2),Utility Goonfinabun Tree 111,2310 Y11 I-V days �, .. .=m i3k 8 ask 2.11 Pretimiti Myestfgation Mon 14MIO Tbu 2JI7141 83 days N 2.1 data GatN-Wng&Held Review Tue 11t2Y1?3 This 2#17:11 63 days rn 10 Pmlimirwy LA( yikrtiGes Mcm IV2 1£8 Mon 1 01 m Z 11 22 Sur�j M 11r 1 UM 12 {u'10 4 ss o _ c 12 2.3 0104y F.Re acg} Mon 12,W1€3 Aft 1P1o111 3 Vwk5 r __. M x O 13 Task 3 0 Frafiminary PS&E(3r15L4DN Mon I V2t1110 Mon V2NI1 50 days O X CD 6 14 3.1.3.2.3.3 61)%PSG SuhmAtal Mon 12.�2 lO ?14M 1 a eics - � — — O = 16 Dislrict Re Mon 204111 Mw Yr'2Br 11 14 edars � m — m � W_ 16 Task4.0 Final PEE tWIY•10" Mon V*11 fY1on 6d?3151 as days _ T�I IT1 17 4.1-C3 Wk,P E Submittal Mon 2i2€Y1'1 Mon 3,+21111 ?ewks € 0 11 1 Distfitl Rev W', Mon 3.•'2 VA 1 lriort 44,11 14 aday5 ic 1& 44 Feral PS&E plus ylaf5 Mon 4+k11 Wr,51111 7 Lwks D Z n M Cfty T R Up Task Fa4arrmt Tasks p Png11 Springs �® RO#ed W f4ftstoneo Propd Summary 71=67 r*r Itn o"Monts MWevone ROW UP Rog— 131�8y Saanmary WOMOMMMMMV Tue 1€1WI Sttrlt&ty INOMMMOMMUMNEW sot "ill M, <r Y Harris&Assadaltes. 43 100 coo,(st eet.Sit to 103.Palm I?8se3ft.C1 9226.3 U►