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HomeMy WebLinkAbout11/7/2007 - STAFF REPORTS - RA.3. ATTACHMENT"A" RFP #02-08 PROFESSIONAL ENGINEERING DESIGN & SURVEY SERVICES (DOWNTOWN TRASH ENCLOSURE ADJACENT TO PARKING STRUCTURE) SIGNATURE AUTHORIZATION PROPOSER: Qw C Jos/G n/ ��pyl 1AIC A. I hereby certify 11-171fhave tfie authority to ofrer this proposal to the City of Palm Springs for the above Isted individual-o`r eocnpan .-I--certify that I have the authority to bind myself/this company in a ontrapt.S oU- , successf- in my proposal. SIGNATt1fFE B. The following information relates to the legal contractor listed above, whether an individual Or a company. Place check marks as appropriate: t. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: _A company; A corporation 2. My tax identification number is: $z416z. 9 �OF 7 AGM SA c+ V .n N c �r Q411; Vt COMMUNITY REDEVELOPMENT AGENCY STAFF REPORT DATE: NOVEMBER 7, 2007 CONSENT CALENDAR SUBJECT: APPROVAL OF AN AGREEMENT WITH DMC DESIGN GROUP INC. FOR SURVEY AND DESIGN SERVICES FOR THE DOWNTOWN TRASH ENCLOSURE AND APPROVAL OF AN AGREEMENT WITH DAVID VOLTZ DESIGN FOR DESIGN OF ENHANCEMENTS TO THE DOWNTOWN ALLEYWAY FROM: David H. Ready, Executive Director BY: Community and Economic Development Department SUMMARY This action is to approve an agreement with DMC Design Group, Inc. for Professional Surveying and Engineering Design Services for the Downtown Trash Enclosure, located west of the downtown parking garage. In addition a separate action approves an agreement with David Volz Design for design of enhancements to the alleyway between the downtown parking structure and Palm Canyon Drive with lighting, landscaping, signage and other improvements. RECOMMENDATION: 1. Adopt Resolution No. "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT WITH DMC DESIGN GROUP, INC. IN THE AMOUNT OF $52,740.00 FOR PROFESSIONAL SURVEYING AND ENGINEERING DESIGN SERVICES FOR THE DOWNTOWN TRASH ENCLOSURE. 2. Adopt Resolution No. "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AGREEMENT WITH DAVID VOLZ DESIGN, IN ITEM NO. . Community Redevelopment Agency Staff Report (November 7, 2007)--Page 2 Downtown Trash Enclosure and Alleyway Enhancements THE AMOUNT OF $35,000.00 FOR PROFESSIONAL LANDSCAPE ARCHITECTURE SERVICES FOR THE ENHANCEMENT OF THE DOWNTOWN ALLEYWAY. 3. Authorize the Executive Director to execute all necessary documents. STAFF ANALYSIS: When the City of Palm Springs constructed the parking structure at Indian Canyon Drive and Baristo Road in 2002 it consolidated several private trash enclosures into one, large, multi-user facility. The private users of the facility were expected to contract for trash service and maintain the facility. However, since then the trash enclosure and surrounding area have been an area of concern due to a lack of cleanliness, as well as functionality and appearance. The enclosure serves several restaurants in the immediate vicinity including Pomme Frite, The Chop House, Thai House and The Village Pub. The enclosure is often littered with loose trash and cardboard boxes that have not been properly collapsed, and there has been an ongoing problem with garbage odors in the area as well as scavenging. In addition, the grease disposal container located within the trash enclosure is used by several restaurants and is not contained within an adequate spill control facility; when grease spills it eventually gets drained into the storm drain system. The trash enclosure needs to be redesigned to eliminate these problems. As part of the improvement to the area, the Agency has undertaken the redesign of the enclosure as well as improving the appearance of the entire alleyway, as it is a major entry into the downtown. The enclosure is located on City-owned property but a portion of the beautification area will be undertaken on private property_ Therefore, the Agency requires the services of a Professional Engineering Consultant to conduct a detailed survey of the study area to properly delineate the property boundaries within the study area to define construction, public access and maintenance easements and carry out the detailed design of the trash enclosure. The redesign of the trash enclosure will include relocation of the existing water hose faucet and addition of hot water service within the enclosure, installation of electrical service to power two (2) new trash compactors, raising the height of the existing CMU walls and removing part of the existing south facing wall and replacing it with a truck access gate. The trash enclosure will contain 2 new trash compactors to be selected by the City's Recycling Program staff, as well as recycling bins and a free-standing grease container. In addition to the trash enclosure itself, the appearance of the area surrounding the trash enclosure needs to be enhanced. This area includes the alleyway between Pomme Frite and the Chop House Restaurant, the parking area at the back of the Pomme Frite and Thai House Restaurants, and the back of the multi level parking 2 Community Redevelopment Agency Staff Report (November 7, 2007)--Page 3 Downtown Trash Enclosure and Alleyway Enhancements structure. At present there is no clear entryway from the parking structure to the Palm Canyon Drive downtown corridor. The area is essentially a back alleyway with multiple property owners and no clear and welcoming path to the downtown corridor. The Agency would contract with a Professional Landscape Architect to carry out the design of the alleyway improvements to enhance the visual appeal of the area and create a welcoming entryway from the parking structure to the downtown corridor through the construction/installation of decorative walkways, irrigation, landscaping, lighting and signage. The landscape architecture consultant will coordinate with the engineering design consultant to obtain the Site Plan and Survey Map showing the study area, delineating property boundaries and establishing required easements for public walkway/entryway access. The Engineering and Landscape Architecture Design consultants will also coordinate to ensure the designs have a seamless and integrated appearance. In coordination with the Procurement Division, Requests for Proposals (RFP 02-08) for Professional Surveying and Engineering Design Services and (RFP 03-08) for Professional Landscape Architectural Design Services were posted to the City's website and Notices sent to twelve (12) Professional Surveying and Engineering firms for the Trash Enclosure Design and area survey on September 24, 2007 and twenty five (25) Landscape Architectural Design firms for the alleyway enhancements on September 26, 2007. Proposals for both the Trash Enclosure Design (engineering) and Alleyway Enhancements (landscape architecture) were received by the October 181h due date. Under the RFP process for professional services firms are evaluated and ranked based on multiple criteria and then cost is negotiated_ DMC Design Group, Inc. and David Volz Design were the highest ranked firms, in terms of their professional proposals for the trash enclosure design and alleyway enhancement projects, respectively. The cost for each project was then negotiated with the selected consultants to agree on pricing that will be mutually acceptable and within the department's budget. FISCAL IMPACT: Cost of Professional Surveying and Engineering Design Services not to exceed $52,740.00 to be paid out of Community Redevelopment Agency Merged Area #1 funds (Account#: 811-8191-65199). Cost of Professional Landscape Architectural Design Services not to exceed $35,000.00 to be paid out of Community Redevelopment Agency Merged Area #1 funds (Account#: 811-8191-65199). 3 Community Redevelopment Agency Staff Report (November 7, 2007)--Page 4 Downtown Trash Enclosure and Alleyway Enhancements qf. • f .- ry John S. Raymond Thomas J. Wilson Director of Community and Economic Development Assistant City Manager David H. Ready, ExecbTiVe Director Attachments: 1. Resolution No. approving an Agreement with DMC Design Group, Inc. in the amount of $52,740.00 for professional surveying and engineering design services for the Downtown Trash Enclosure 2. Consulting Services Agreement— DMC Design Group Inc. 3. Resolution No. approving an Agreement with David Volz Design in the amount of $35,000.00 for Professional Landscape Architectural Design Services 4. Consulting Services Agreement — David Volz Design, Landscape Architects and Park Planners 4 RESOLUTION NO. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE AGREEMENT WITH DMC DESIGN GROUP INC. FOR PROFESSIONAL SURVEYING AND ENGINEERING DESIGN OF THE DOWNTOWN TRASH ENCLOSURE IN AN AMOUNT NOT TO EXCEED $52,740.00 THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Consulting Services Agreement "Agreement" with DMC Design Group Inc. for Professional Surveying and Engineering Design Services for the Downtown Trash Enclosure design and survey in an amount not to exceed $52,740.00. SECTION 2 The Executive Director or his designee is hereby authorized to execute all documents related to the Agreement. ADOPTED THIS day of 2007. David H. Ready, Executive Director ATTEST: James Thompson, Assistant Secretary 5 Resolution No. Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, Assistant Secretary City of Palm Springs, California 6 Revised. 3/23/07 PROFESSIONAL, SERVICES AGREEMENT (DMC Design Group, Inc. — Downtown Trash Enclosure Survey and Engineering Design) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this 7th day of November, 2007, by and between the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic ("Agency"), and DMC Design Group, Inc., Engineering Design Consultant ("Consultant"), (hereinafter referred to as "Consultant"). Agency and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties." RECITALS A. Agency has detennined that there is a need for Professional Surveying and Engineering services for the design ol" a downtown trash enclosure and engineering survey of surrounding area (the "Project­)- B. Consultant has submitted to Agency a proposal to provide engineering design services to Agency pursuant to the terns of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. Agency desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work")- As a material inducement to the Agency entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals perfonning similar work under similar circumstances. 5247G2 1 1 7 Revised: 3/23/07 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the Agency's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the Agency ("Consultant's Proposal"), which shall all be refen-ed to collectively hereinafter as the "Contract Documents." The Agency's Request for Proposals and the Consultant's Proposal, which are both attached hereto as Exhibits "B" and "C," respectively, are hereby incorporated by reference and are made a part of this Agreement_ The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the Agency's Request for Proposals, and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order orpriority: (I") the provisions of the Scope of Services (Exhibit "A"); (2"d) the provisions of the Agency's Request for Proposal (Exhibit "B"); (3'd) the terms of this Agreement; and, (0) the provisions of the Consultant's Proposal (Exhibit "C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1.4 Licenses Permits Fees and Assessments. Consultant represents and warrants to Agency that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to Agency that Consultant shall, at its sole cost and expense, keep in effect at all times during the tern of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless Agency against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against Agency hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the Agency of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Agency. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, 524762 1 2 8 Revised: 3/23/07 documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the Agency, except such losses or damages as may be caused by Agency's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement_ 1.8 Additional Services. Agency shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting fiom such Work. No such extra work may be undertaken unless a written order is first given by the Agency to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or(ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to twenty- five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the Executive Director, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Community Redevelopment Agency of the City of Palm Springs. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any work or service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by Agency in accordance with the Schedule of Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by reference, but not exceeding the maximum contract amount of Fifty Two Thousand Seven Hundred Forty Dollars, (552,740.00) (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the Agency_ Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant hereby acknowledges that it accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of Agency's payment obligation under this section is the amount specified herein. If the Agency's maximum payment obligation is reached before the Consultant's 524762 1 3 9 Revised: 3/23107 Services under this Agreement are completed, consultant shall nevertheless complete the Work without liability on the Agency's part for further payment beyond the Maximum Contract Amount, 2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the Agency, in a form approved by the Executive Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the Agency. Agency shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Clian¢es in Scope. In the event any change or changes in the Scope of Services is requested by the Agency, the Parties shall execute a written amendment to this Agreement, setfimg forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Community Redevelopment Agency of the City of Palm Springs for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the Agency. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be perfonned by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of aus Agreement according to the agreed upon Schedule of Performance (Exhibit"E"). 3.2 Schedule of Performance. Consultant shall commnence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit "E" and is incorporated herein by reference. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the Agency shall not be obligated to grant such an extension. 3.3 force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of 524762 1 4 10 Revised: $/23/07 any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any govermnetital agency, including the Agency, if Consultant, within ten (10) days of the commencement of such delay, notifies the Executive Director in writing of the causes of the delay. The Executive Director shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Executive Director such delay is justified_ The Executive Director's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the Agency for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 "Perin. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "E") and pursuant to Section 3.2 above, unless extended by mutual written agreement of the Parties. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith, David M. Cosper, P. E., Principal. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder_ The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the Executive Director of Agency, and is subject to change by the Executive Director. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the Agency required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontractin2 or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for Agency to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of Agency. Revised: 3/23/07 Consultant shall not contract with any other entity to perfomi the Services required under this Agreement without the prior written consent of Agency. if Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency for the acts and omissions of its subContraetOr(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and Agency. All persons engaged in the Work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of Agency. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of Agency. 4.4 Independent Contractor. A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The persomiel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agcncy nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. Agency shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. Agency shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against Agency, or bind Agency in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. Agency shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder_ If for 524762 1 6 12 Revised: 3123/07 any reason any court or governmental agency deternnines that the Agency has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify Agency for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to Agency, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the Executive Director determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the Agency, the Consultant agrees that the minimum limits of the insurance politics may be changed accordingly upon receipt of written notice from the Executive Director or his designee_ Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise autborized 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 tern of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the Agency that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) if the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the Executive Director. (3) In the event the policy of insurance is written on an "occurrence" 524762.1 7 13 Revised: 3/23/07 basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terns 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 minimun statutory amounts, and in compliance with all other statutory requirements, as required by the State of California_ Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the Agency and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease_ 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director prior to commencing any work or services under this Agreement_ Consultant guarantees payment of all deductibles and self-insured retentions. Agency reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the Executive Director may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 524762 1 8 14 Revised: 3/23/07 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects Agency and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Agency and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to Agency and its officers, council members, officials, employees, agents, and volunteers. 5.33 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the Agency or its operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the Executive Director and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay conunencement of the Project_ It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein_ 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the Agency for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the Agency nor does it waive any rights hereunder in this or any other regard. 524762.1 9 15 Revised: 3/23/07 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the tema of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to Agency no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to Agency of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. Agency assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve Agency, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of Cali fomia with an A.M. Best's Key Rating of B++, Class VIi, or better, unless such requirements are waived in writing by the Executive Director or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish Agency with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the Agency before work commences. Agency reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any tome. Additional insured endorsements are not required for Errors and Omissions 524762.1 10 16 and Workers' Compensation policies_ Revised' 3/23/07 Verification of Insurance coverabc may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs Community Redevelopment Agency or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: I. "The City of Palm Springs Community Redevelopment Agency, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No._"or 'for any and all work per formed with the Agency"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the Agency may have.._" ("as respects Ciry of I'alm Springs Contract Na" or 'for any and all work performed with the Agency" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrobation in favor of Agency, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the Community Redevelopment Agency of the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the Agency before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agentibroker or insurance underwriter. Failure to obtain the required documents prior to the corntnencement of work shall not waive the Consultant's obligation to provide them. 6. TNAEMNIFICATION To the fullest extent pennitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless Agency and its officers, council members, officials, employees, agents and volunteers and all other public agencies whose approval of the Project is required, (individually "Indemmnified 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 arc related to the negligence, recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless, or willful perfonnance of or failure to penfonn any term, 52476z 1 11 17 Revised: 3/23/07 provision, covenant, or condition of this Agreement ("Indemnified Claims"), but Consultant's liability i'or indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness, or willful misconduct of the Agency, its officers, council members, officials, employees, or agents. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Panty 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 Agency shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except Agency shall not reimburse Consultant for attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties otber 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 bndemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7. REPORTS ,AND RE CORDS 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 tirnes, 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 One Contract Officer shall require. Consultant hereby acknowledges that the Agency is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto $24762 1 12 18 Revised: 3/23/07 and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of Agency and shall be promptly delivered to Agency upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the Agency's sole risk and without liability to Consultant, and the Agency shall indemnify the Consultant for all damages resulting therefi-om. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to Agency of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify Agency for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. 7.5 Audit and luspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide Agency, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as Agency deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by Agency hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and 'Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California_ Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, aid Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its 524762.1 13 19 Revised: 3123/07 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. Agency may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, Agency shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the Agency under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the Agency an invoice for work and services performed prior to the date of termination- In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the Agency, except that where termination is due to material default by the Agency, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. B. If the F..xecutive Director, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as Agency may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which Agency may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by Agency as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any Agency right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit Agency's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, Agency may, after compliance with the provisions of Section 8.4.13, 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 Agency shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the Agency as previously stated_ The withholding or failure to withhold payments to Consultant shall not limit 524762 1 14 20 Consultant's liability for completion of the Services as provided herein. Revised: 3/23107 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 fiom 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 ale event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of Agency Officers and Emplovees. No officer or employee of the Agency shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the Agency or for any amount which may become due to the Consultant Or to its successor, or for breach of any obligation of the terns of this Agreement. 9.2 Conflict of interest. No officer or employee of the Agency shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that is has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement. $24762.1 15 21 Revised: 3/23/07 9.3 Covenant Against Discrimination. In connection with its perfornrance 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 Infrin ement. A. To the fullest extent permissible under law, and in lieu of any other warranty by Agency or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against Agency on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not inderrmify Agency if the suit or claim results from: (1) Agency's alteration of a deliverable, such that Agency's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. 13. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify Agency under any settlement made without Consultant's consent or in the event Agency fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to Agency, shall obtain for Agency the right to use and sell the item, or shall substitute an equivalent item acceptable to Agency and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by 524762.1 16 22 Revised: 3123/07 facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Agency: City of Palm Springs Connnnurrity Redevelopment Agency Attention: Executive Director and Assistant Secretary 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: DMC Design Group Inc- Maple Center 170 N. Maple Street, Suite 101 Corona, CA 92880 Attention: David M. Cosper, P. E., Principal Telephone: 951-549-8100 Facsimile: 951-549-8102 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to ale 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 through fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. $247e2.1 17 23 Revised: 3/23/07 10.8. Corporate Authoritv. Each of the undersigned represents and war-rants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above. "AGENCY" COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, DAVID I1. READY, J. D., Ph.D, Executive Director ATTEST: (SEAL) JAMES THOMPSON, Assistant Secretary APPROVED AS TO FORM: DOUGLAS C_ HOLLAND, Agency Counsel "CONSULTANT" DMC Design Group Inc. By: 524752.1 18 24 Revised: 3/23107 David M. Cosper, P. E. , Principal By: Donna McConaughy, Corporate Secretary Treasurer 52476z1 19 25 Revised: 3/23/07 EXHIBIT "A" SCOPE OF SERVICES 524762.1 26 Revised: 3123/07 EXHIBIT "B" AGENCY'S REQUEST FOR PROPOSALS 5247621 27 CITY OF PALM SPRINGS NOTICE INVITING PROPOSALS for PROFESSIONAL ENGINEERING DESIGN & SURVEY SERVICES (RFP 02-08) NOTICE IS HEREBY GIVEN that Request for Proposals (RFP) 02-08, for providing Professional Engineering Design & Survey Services for the downtown Trash Enclosure adjacent to the parking structure, will be received at the office of the Procurement Manager, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 2:00 P.M. Local Time, THURSDAY, OCT013ER 18, 2007. DESCRIPTION OF WORK: The goal of the proposed project is to survey the study area to establish property boundaries, prepare engineering plans and specifications to guide in the bidding and construction of a newly designed trash enclosure equipped with the necessary disposal containers and compactors to operate efficiently and inconspicuously. The work is comprised of four primary tasks: (1) finalize design concepts prepared by City staff, (2) engineering survey of study area property boundaries, (3) final design (plans, specifications and estimate) and (4) construction administration (to be added to Consultant's contract at the City's option). The scope of work shall provide the City with construction documents for a newly designed trash enclosure. It will be the consultant's responsibility to prepare preliminary(conceptual) and final (construction) plans that will enable the project to be constructed within the allowable funding. Final design (PS&E) must be completed by February 15, 2008 to allow the City to initiate the bidding process for construction. The design services as required in this RFP will be paid from local, not federal, funds and therefore prevailing wage and DBE requirements do not apply. OBTAINING RFP DOCUMENTS AND REGISTRATION AS A PROPOSER: The RFP documents may be downloaded via the internet at www.palmsprinas-ca.gov (go to Departments, Procurement, Open Bids & Proposals). If you are interested in submitting a proposal, it is IMPERATIVE that you contact Cheryl Martin, Procurement Administrative Coordinator, via email at Cheryl.MartinQ.[321msprings-ca-go v or by phone at (760) 323-8237 to officially register as a Proposer for this specific project with your company name, address, phone, fax, contact person and email address. Failure to officially register may result in not receiving addenda to the RFP. Note: You may also register your firm in the City's on-line general vendor database system while on the website, but you MUST still contact Cheryl Martin as instructed above to register as a proposer for this specific RFP 02- 08. EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposal (RFP)format. Accordingly, Proposers should take note that multiple factors will be considered by the City in awarding the Contract. PRICE ALONE WILL NOT BE THE SOLE DETERMINING FACTOR. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee the pricing offered for a period of 90 calendar days from the due date of proposals. The receiving time in the Procurement Office will be the governing time for acceptability of Proposals. Telegraphic and telephonic Proposals will not be accepted. Craig L. Gladders, C.P.M. Procurement and Contracting Manager September 24, 2007 28 y CITY OF PALM SPRINGS REQUEST FOR PROPOSALS #02-08 PROFESSIONAL ENGINEERING DESIGN & SURVEY SERVICES (DOWNTOWN TRASH ENCLOSURE ADJACENT TO PARKING STRUCTURE) •lit;,F�` I. BACKGROUND AND GENERAL DESCRIPTION The City of Palm Springs is constantly looking for ways to enhance and continue the cleanliness and appeal of the Downtown area. An area of major concern is the trash enclosure located in downtown Palm Springs southwest of the Fisherman's Market Restaurant at the back of the multi level parking structure at Indian Canyon Drive and Baristo Road (see Figure 1). The trash enclosure serves several restaurants in the immediate vicinity including Pomme Frite, The Chop House, Thai House and The Village Pub. The trash enclosure is often riddled with loose trash and cardboard boxes that have not been properly collapsed, and there has been an ongoing problem with garbage odors in the area. In addition, the grease disposal Container located within the trash enclosure is used by several restaurants. The grease disposal container is not contained within an adequate spill control facility and so when spillage of grease occurs it eventually gets drained into the storm drain system. The trash enclosure needs to be redesigned to accommodate the facilities necessary to eliminate these problems. In addition to the trash enclosure specifically, the appearance of the area surrounding the trash enclosure needs to be enhanced. This area includes the alleyway between Pomme Frite and the Chop House Restaurant, the parking area at the back of the Pomme Frite and Thai House Restaurants, and the back of the multi level parking structure (refer to Figure 1). At present there is no clear entryway from the parking structure to the Palm Canyon Drive downtown corridor. The area is essentially a back alleyway with multiple property owners and no clear and welcoming path to the downtown corridor. The City is currently soliciting proposals under separate contract for an Architectural Design firm to enhance this overall area surrounding the trash enclosure and to design a walkway/entryway from the parking structure to the downtown corridor. These projects will be occurring simultaneously and coordination between the selected engineering and architectural consultants will be necessary to ensure a seamless and successful design both in terms of functionality and aesthetics. City staff has prepared conceptual plans of the trash enclosure redesign, attached to this Request for Proposals (see Figure 2). The conceptual plans show the required facilities, access gates and required utilities/services within the trash enclosure. The City requires the services of a Professional Engineering Consultant to conduct a detailed survey of the study area to properly delineate the property boundaries within the study area and carry out the detailed design of the trash enclosure. The redesign of the trash enclosure will include relocation of the existing water hose faucet and addition of hot water service within the enclosure, installation of electrical service to power two (2) new trash Compactors, raising the height of the walls and removing part of the existing south facing wall and replacing it with a truck access gate. The trash enclosure will contain 2 new trash compactors to be selected by City staff, recycling bins and a free-standing grease container. 29 5247621 Pap I of I "I 4.P 0, "t"J 2 'V1 If ArF STUQ)'.- EA, '7 Lq 411D m T f Rn .7 wi J, Im 11ilk0l c>'W,' Da3LW"n,T."Si FIGURE I - TRASH ENCLO'SURE PRC)JECT AR citya's -clilARC Cepyricild.02008 All Rights Reserved. The:itfamnatien CCT4ained herein is the proprja}ary property of the cenlnlbtor=ppliod under license and may ncA be 2pprrAecl gx g,w Fwnsed by Digital Map Prod4ids. 30 littp://map,3.digiialiiiapcontral-coni/prodttction/City(iIS/`,,07-01-036/indeXA-limil 9/20/2007 ,d Ir •I r_rr•� yid � � - ��!ayu�.'s JI � n-�h (� • �� �CIp — '•C'lM' .`'1Y =Fl/5 Hje' _ I —�� _ I �i� .U'(w�0-Y^7 ..tea.c-. ,PRY. •a •.0 rycYir� a. .%. . � I :' � j-.r,rn•l,r`;: '.. sear �r'^`.iv5.�n,rt 'T� .»v n.,a-�s'u r,rewss I j =rsl c nsr�asi III �` IIOTES 'I %fL^s•iG W Tlla dpsl%l presented h,re Is-,opt rol only oad Is Intentletl le--V seac and c...M1r, f. r. requucm cols for Ino come101oa pro,o, RAFT C.ntm cl.,Iz la prp .ii=_Jesl9 o'r-la serrlces T"'.,may Inc•utl V,slrucl V.a 1,clectrlcal, echo.1-1,nna Pa oir,mr.to Pro.,re o a h—d,w el•. ., , eta [ .,.,eL ,s�l..lt,Ilnlshrs,� mrLe.,al.elco s ar TIIP enolaso.e Is d'a 1e 1a—Lwo doll Lon[:"a[]C—lia cto s by rlaroll,on•Gr e c ohm lL i`L� / RJR -y BC Or z,.nllar. 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' . wnma Inmmee chnnecl,me L.cln.e,u all nna antl mtereeFlu,located bpl.w 1.and pi cll,i Or ex lac iii�. -—0!nl,and ely,,.hlnp. I.rhl,o,uoo er bll:3n.l.m.de.u.,:.n.., r,hntld3 ana mz.mbz,.m aFq ALAI Sag I CONCEPT PLAN r roaHrr 'RASH ENCLOSURE REMODEL II. PURPOSE The goal of the proposed project is to survey the study area to establish property boundaries, prepare engineering plans and specifications to guide in the bidding and construction of a newly designed trash enclosure equipped with the necessary disposal containers and compactors to operate efficiently and inconspicuously. In addition, the engineering survey will include the project area highlighted on Figure 1 to provide a base plan that will assist with architectural design of aesthetic improvements to enhance the visual appeal of the area. Ill. SCHEDULE Request for Proposals posted and Notices mailed ........................ Monday, September 24, 2007 Deadline for receipt of questions........................................5:00 PM, Thursday, October 11, 2007 Deadline for receipt of proposals............................... 2:00 PM, Thursday, October 18, 2007 Consultant short list..........................................................................Thursday, October 25, 2007 Interviews (if desired by City).............................................to be scheduled for late October 2007 Contract award by City Council....................... "tentatively November 7, 2007 IV. PROJECT COORDINATION, MEETING AND PRESENTATIONS This project will require the design consultant to attend various City meetings to discuss and finalize concept drawings which have been prepared by City staff. The consultant shall be expected to incorporate comments and revisions, and present final concepts and drawings. The following project coordination shall be expected.- 1. Coordinate with City staff, disposal equipment vendors, Palm Springs Disposal Services and local restaurants as required to determine project parameters and constraints, structure installation, operation and maintenance issues; collect data and record information. 2. Prepare color illustrations/renderings of the trash enclosure for presentation to City staff, the 'Project Team", and the City Council, as may be required, using appropriate visual aids, including drawings, slides and handouts; revise as required. 3. Perform project management and project schedule maintenance to ensure that the project timeline is adhered to and deadlines are met. 4. Perform all utility coordination and obtain all clearances as required. V. SCOPE OF WORK The overall project is comprised of four primary tasks to be carried out. These tasks are: ❑ Finalize Design Concepts Prepared by City Staff ❑ Engineering Survey of Study Area Property Boundaries 524762.1 2 32 ❑ Final Design (Plans, Specifications and Estimate) ❑ Construction Administration —(to be added to Consultant's contract at City's option) The scope of work shall provide the City with the following: • Site Plan and Survey Map showing the study area, delineating property boundaries and establishing required easements for public walkway access and limits of trash enclosure structures,- * Prepare color illustrations and renderings to be presented to City staff, AAC and City Council of the proposed trash enclosure, as shown conceptually on the attached plan; • Engineering Design Drawings of the proposed trash enclosure, incorporating the following preliminary design elements, as illustrated on the attached Concept Plans: o raise the height of the enclosure walls from current height of 6.5 feet to 10 feet using steel mesh material with finish to match parking garage structure and providing a roof; o remove a portion of the south wall and replace with 10-12' wide gates for truck access to new compactors/containers, o relocate existing hose bib located inside the south wall of the trash enclosure; o install tankless hot water heater with hot water supply to relocated hose bib; o install keypad or keycard gate locks to restrict pedestrian access to the trash enclosure to authorized officials and users (2 locations); o install electrical power to operate lighting and compactors and incorporate solar power where feasible; • Accommodate new disposal containers and compactors within the trash enclosure including the addition of two self contained compactor/containers with odor control, recycling bins for glass and plastic including adequate utilities. The City has already selected the compactors and recycling containers to be housed in the trash enclosure. The Consultant shall coordinate with the vendor to ensure that the trash enclosure is designed with adequate space to accommodate these disposal facilities; • Accommodate grease disposal container in a separate containment area including a curbed enclosure with protective liner; • Provide for storage of City equipment/supplies in a secured (locked) area within the trash enclosure. The Consultant will be responsible for performing project estimating to guide the preparation of final plans that will enable the project to be constructed within the project budget. In the event construction bids exceed project funding, preventing award of contract by the City, it will be the Consultant's responsibility to revise final plans and specifications, or create new plans, such that the City can solicit new bids that do not exceed project funding. An overall Scope of Work is described below: Preliminary Design Concept Phase $24762 1 3 33 ❑ Collect record information and inventory existing site (utility locations, services (if any), core samples of existing trash enclosure concrete pad and parking lot asphalt, etc.); record information will be made available as necessary, field review and inspection of existing facilities will be required. ❑ Conduct engineering survey of project area to establish properly boundaries and required easements. ❑ Prepare (finalize existing) preliminary design concept plans: • Emphasize aesthetics • Prepare appropriate full-color visual aids, including cross-sections, maps, illustrations, renderings and other media necessary to adequately present the proposed concept plan ❑ Present concept plans: • Present concept plans to City staff and "Project Team"; revise as necessary • Present concept plans to Planning Commission, and City Council; revise as necessary • Obtain formal approval of concept plans through the City's Major Architectural Approval Process, up to and including formal approval by the City Council Final Design (Plans, Specifications and Estimate) Phase ❑ Professional design services necessary to prepare plans, specifications and estimate (PS&E)for: • Lighting and Electrical Power • Grading • Masonry block wall construction • Plans shall be provided to the City in an AutoCAD 2004 format for use upon completion of the project; specifications shall be prepared using City "boiler plate" specifications in Microsoft Word 2003 format • Construction Estimate — the Consultant shall be required to prepare final plans that reflect constructability within the project funding available • Revise plans to accommodate receipt of construction bids in excess of available funding • Bidding Assistance -- review and respond to Requests for Information (RFI's) received during bidding • As-Built Drawings — prepare as-built drawings based on red-lined plans of field conditions provided by the City's construction Contractor Construction Administration Phase (to be added to Contract at City's option) Q Contract administration, construction inspection and construction management related to the following: • Bid Analysis—review bids received and determine appropriateness of costs • Pre-Construction — coordinate and attend pre-construction conference; prepare meeting minutes, address Contractor questions and concerns • Shop Drawings — review shop drawings submitted by the Contractor for conformance with final plans 34 s2475z 1 4 • Project Meetings — coordinate meetings with City staff, Contractor and other agencies as required on a regular basis to update the status of the project • Construction Monitoring — provide regularly scheduled inspections to ensure the project is being constructed in compliance with project specifications and to the City's satisfaction • Final Inspection — recommend and schedule, with the City and applicable agencies, a final inspection of the improvements • Plant Establishment — provide monitoring of the installed improvements during the maintenance and plant establishment period VI. DELIVERABLES As a minimum, the consultant shall be expected to deliver the following items: ❑ Project coordination, attendance at required meetings, and presentations of preliminary and final project drawings ❑ Professional Survey of the project area delineating all legal property boundaries ❑ Base Map of the project area that will be provided to the Architectural designer under separate contract to facilitate in the design of their aesthetic improvements to the project area and delineating legal property boundaries and easement requirements ❑ Complete and professional trash enclosure concept drawings and renderings, as required and necessary to obtain approvals of City staff, the "Project Team", the Architectural Advisory Committee, Planning Commission, and City Council ❑ Plans, specifications, and estimates — preliminary plans shall be submitted to the City for review and comment, on standard 24" by 36" city title block sheets for review and comment; final plans shall be submitted on reproducible mylar sheets and in AutOCAD 2004 version drawing files on computer disc; project specifications shall be submitted to the City for review and comment in a format and style to be provided by the City in Microsoft Word 2003; final specifications shall be submitted to the City on computer disc and in reproducible form, including appendices; a preliminary cost estimate shall be submitted to the City for review and comment with preliminary plans, and shall include estimates for each item of work indicated in the project specifications; a final cost estimate shall be submitted concurrently with final plans and specifications. ❑ Construction inspection and management; construction administration records, files, and documentation obtained during the course of the construction phase of the project, provided to the City in organized and indexed notebook folders. VII. PROPOSAL REQUIREMENTS The Consultant's proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. This Request for Proposal can not identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the Proposer to be knowledgeable of the general areas identified in the scope of work and to be of adequate competence to include in its proposal all required tasks 524762.1 5 35 and subtasks, personnel commitments, man hours, direct and indirect costs, etc. The City of Palm Springs will not approve addenda to the Consultant's agreement which do not involve a substantial change from the general scope of work identified in this Request for Proposals. The following criteria shall be observed: ❑ The submittal shall not exceed 30 pages, single sided (8Yz" by 11") including an organization chart, staff resumes and appendices, and cover letter. ❑ Four(4) original proposals are required. Facsimile (fax) proposals will not be accepted. ❑ Proposal shall include the name of the Consultant submitting the proposal, mailing address, telephone number, and the name of the individual to contact for further information. ❑ Prospective Consultant shall designate by name the project manager to be employed. Substitution of the project manager by the selected consultant will not be allowed without prior approval by the City of Palm Springs. ❑ Prospective Consultant shall specify personnel, with resumes, to be assigned to the project. If sub-consultants are to be used, identify the responsibility of each (include resumes) ❑ All proposals must be received in the City of Palm Springs, Division of Procurement and Contracting by 2:00 P.M., LOCAL TIME, THURSDAY, OCTOBER 18, 2007. It is the responsibility of the Proposer to see that any Proposal sent through the mail shall have sufficient time to be received by the Procurement Office prior to due date and time. Late proposals will be returned to the Proposer unopened_ The receiving time in the Procurement Office will be the governing time for acceptability of proposals. Telegraphic and telephonic proposals will not be accepted. Proposals must be submitted to: City of Palm Springs Division of Procurement and Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig Gladders, Procurement & Contracting Manager ❑ Specific questions in regards to this Request for Proposals shall be directed IN WRITING ONLY via either fax or email to: Craig Gladders, Procurement & Contracting Manager FAX (760) 323-8238 Craig.Gladders(@palmsprings-ca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of Addenda that will be either mailed, faxed, or emailed to all officially registered proposers for this specific RFP. It is IMPERATIVE that you officially register as a proposer to this specific RFP in order to receive any Addenda that are issued by following the instructions in the "Notice Inviting Proposals' by contacting Cheryl Martin, Procurement 524762.1 6 36 Administrative Coordinator, via EMAIL at Cheryl.Martin ggaImsprings-ca.gov and provide your company name, address, phone, fax, contact name and email address- FAILURE TO REGISTER MAY RESULT IN NOT RECEIVING ADDENDA TO THE RFP. FAILURE TO ACKNOWLEDGE ADDENDA MAY DEEM YOUR PROPOSAL AS NON-RESPONSIVE. The deadline for all questions is 5:00 PM local time, Thursday, October 11, 2007 (1 week before the proposals are due). Questions received after this deadline may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. ❑ Each proposal must include two sealed envelopes. Envelope #1, clearly marked "Work Proposal', shall include the following items.- Technical proposal — describe in detail your approach and understanding of all necessary tasks and steps involved in the project. Identify Preliminary Design Concept Phase, Final Design (Plans, Specifications and Estimate) Phase, and Construction Administration Phase tasks,- include a list of deliverables • Signature authorization (see Attachment A) • Related Experience: include relevant experience date, name of agency, and reference namelcontact information • Project schedule, showing various anticipated tasks and steps from preliminary phase, through design, and construction phases. Envelope #2, clearly marked "Cost Proposal', shall include the following item: • Cost proposal — The City will use a "Cost per Unit of Work" method to pay for professional services relating to the Work Proposal. Proposers should include a detailed cost estimate identifying all direct, indirect, and overhead costs associated with each task required for the Preliminary Design Concept Phase and Final Design (Plans, Specifications and Estimate) Phase only. The City will negotiate the construction administration phase costs with the selected consultant upon completion of the design phase. Describe how your firm will control costs and minimize costs for design and construction. Important Note: The successful Proposer will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement — Attachment "B" hereto. Please note that Exhibits A, 6, C, D and E are intentionally not complete in the attached document. These exhibits will be negotiated with the selected firm, and will appear in the final Agreement executed between the parties. VIII. RESPONSIBILITY OF PROPOSER All project proposers shall be responsible. If it is found that a proposer is found irresponsible (e.g. has not paid taxes, is not a legal entity, submitted a proposal without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. IX. CONSULTANT SELECTION 524762.1 7 37 ❑ Each proposal will be reviewed by an evaluation committee to determine if it meets the proposal requirements. Failure to meet the requirements for the Request for Proposals may be cause for rejection of the proposal. ❑ The evaluation committee may ask for formal oral presentations by the selected consultants. ❑ A final selection of the consultant will be determined following review of all work proposals and/or formal oral presentations. The evaluation committee will make a recommendation of the selected consultant for a contract to be awarded by the City Council. ❑ The selected consultant will work closely with City staff throughout the duration of the project. A consulting firm will be selected for final negotiation of a contract based upon the following factors: • Project Understanding: Degree of understanding of the project and familiarity with the area— (25%). • Scope of Work: Proposed approach to the project including the expected time commitment of key personnel, technical approach to the project, and the emphasis placed on project phases — (25%). • Project Managers/Staff Qualifications: Qualifications of the staff assigned to manage and provide services related to the project; experience with similar projects; -- (25%). • Firm Qualifications/Consultant References: Past experience in projects related to the outlined Scope of Work; experience with similar projects; - (15%). Project Schedule. Thoroughness and reasonableness of the project schedule; ability to maintain the project within the selected time frame; demonstration of ability to provide final design by February 15, 2008 — (10%). • Project Cost: The project cost will be considered after selection of the best proposals; no weight shall be given to the cost in the selection of the consultant. A contract shall be negotiated with the selected consultant on the basis of the submitted cost proposal, and in consideration of reasonable and mutually agreed project costs and time requirements. ❑ Award of Contract: It is the City's intent to award a single contract to the firm that can best meet the requirements of the Request for Proposal document. The City reserves the right to award a contract to multiple firms or to a single firm, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made their final selection of the consultant to be recommend for award. The decision of the City Council will be final. 5247621 $ 38 ATTACHMENT "A" RFP #02-08 PROFESSIONAL ENGINEERING DESIGN & SURVEY SERVICES (DOWNTOWN TRASH ENCLOSURE ADJACENT TO PARKING STRUCTURE) SIGNATURE AUTHORIZATION PROPOSER: A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. SIGNATURE 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: 39 524762 1 9 ATTACHMENT "B" SAMPLE PROFESSIONAL SERVICES AGREEMENT (IDENTIFY BY PROJECT NAME AND/OR CONSULTANT NAME) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this day of 200_, by and between the rnia CITY OF PALM SPRINGS, a Califo charter city and municipal corporation, (hereinafter referred to as "City") and [INSERT FULL NAME OF CONSULTANT, FIRM, OR COMPANY], a [INSERT TYPE OF ENTITY, E.G., A CALIFORNIA CORPORATION, A LIMITED LIABILITY COMPANY, ETC.], (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the"Pax-ties."' RECITALS A. City has delennmed that there is a need for [INSERT BRIEF DESCRIPTION OF PROFESSIONAL SERVICES REQUIRED] services for [INSERT BRIEF DESCRIPTION OF PROJECT FOR WHICH PROFESSIONAL SERVICES ARE RELATED] project (the "Project"). B. Consultant has submitted to City a proposal to provide [INSERT TYPE. OF PROFESSIONAL SERVICES] to City for the Project pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services sei 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 524762.1 10 40 provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), which shall all be referred to collectively hereinafter as the "Contract Documents." The City's Request for Proposals and the Consultant's Proposal, which are both attached hereto as Exhibits "B" and "C," respectively, are hereby incorporated by reference and are made a part of this Agreement The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals, and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1'r) the provisions of the Scope of Services (Exhibit "A"); (2"d) the provisions of the City's Request for Proposal (Exhibit "B"); (3"r) the terms of this Agreement; and, (01) 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 perfom-i 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, pennit, 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 Dray be unposed 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. 1f 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 5247621 11 41 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 teen 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. 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, wbicbever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Managcr, 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 Pahn 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 arnounts or estimates provided therein. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by reference, but not exceeding the maximum contract amount of[INSERT NOT TO EXCEED CONTRACT AMOUNT] Dollars, (S (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in Exhibit "D_" Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation_ The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant hereby acknowledges that it accepts the risk that the services 5247e21 12 42 identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified herein. If the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, consultant shall nevertheless complete the Work without liability on the City's part for further payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including all itemized breakdown of all costs incurred and tasks perfonnned 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 Scone. 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 telnns of such amendment, including, but not limited to, any additional professional fees. Ali 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 524762.1 13 43 Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services but not exceeding one (1) year from the date hereol, except as otherwise provided in the Schedule of Performance (Exhibit "E") and pursuant to Section 3.2 above, unless extended by mutual written agreement of the Parties. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: [INSERT NAME], [INSERT TITLE]. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 524762,1 14 44 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City_ All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Contractor. 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. 13_ 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, 524762.1 15 45 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 conmpensation 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 detennines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, time Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice frorn 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 tern of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars (SI,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 5247621 16 46 either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carver 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 politics. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the tern of this Agreement, a policy of 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. 17. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the tern 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. ) . L^mnlover 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 cormneneiag 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 47 5247621 17 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 repotting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the_covcrjgcs set forth herein (e.g., elimination of contractual liability or reduction of discovery period)..unless the endorsement has first been submitted to T�ity�Saraa.�e�and_anpx0_v_ed_in_vuitua�. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates Without required endorsements may delay comrnencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 524762.I 18 48 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. 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 fiom 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 Ivey Rating of B++, Class VII, or better, unless such requirements arc waived in writing by the City Manager or his designee due to unique circumstances. 5.5 'Verification of Coverage. Consultant shall famish 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 5z4762 1 19 49 person authorized by that insurer to bind coverage on its behalf All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributot7r over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract)Vo. " or ':for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing companv will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work cotmmences. 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 docutneuts 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 "Inderar ified Patty'; 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 $24762 1 20 50 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 "tray arise out of, pertain to, or relate to hrdeni nified 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 detennines that Claims did not arise out of, pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any extent, then City shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except City shall not reimburse Consultant for attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than Indemnified Parties against such Claims. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7. REPORTS AND RECORDS 7.1 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 5247621 21 51 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 Ownershin 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 assigmnent 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 therefrorn. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of.Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 524762.1 22 52 8.2 interpretation. Threrecmcnt_sluall be amstrucd as a wholeacc inq_its fair_lau t e and cnmmpn,mcaniu� to achieve the,ob.j�ctives and nLirpo es of the Pa. ie The terns of this Agreement are contractual and the result of negotiation between the Patties. Accordingly, any rule of construction of contracts (including, without limitation, Calilomia 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. )3- If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terns or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8-3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.13, 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 Maxirnum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The 524762.1 23 53 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 Patties 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 tights 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 Patty 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 Attornev Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing- Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liabilitv of Citv Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation_ Consultant warrants that is has not paid or given and will not pay or give any third party any money or other consideration in exchange for 54 524762,1 24 obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Co vriabt 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 infi-ingement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made.without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U-S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by 5247G2.1 25 5 5 facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confiinijed 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 mamiers of notice required hereunder. Notices or other communications shall be addressed as follows: To Citv: City of Palm springs Attention: City Manager& City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Attention: Telephone: Facsimile: 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Patties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Patties hereto, or their respective successors, assigns, or grantees. 10.4 Severabilitv. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective ordy to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Par Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to eonfcr, not shall . athisArepeneut be_construed a c dudgwithout limnfrars itationanyrig is hud- arty beneficiary or Qthuxy✓ise, upon m3renti or erson not.a p arty hereto. 10-7 12ecitals _The above-referebc A Recitals are hereby in_c4rpnrated into the dement as though fully set forth herein and each Party acknowledges and aeretbat such Party is 1 Tor pumoses of this Agreement by Q_s.ame, 524762.1 26 56 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 Ile or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above. "CITY" CITY OF PALM SPRINGS, a California charter law city and municipal corporation DAVID H. READY City Manager ATTEST: (SEAL) TAMES THOMPSON, City Clerk APPROVED AS TO FORM: DOUGLAS C. HOLLAND, City Attorney "CONSULTANT" (insert name of firm/company] By: 524762.1 27 57 [insert nanie/titic], President By: [insert name/title], Secretary 5247621 28 58 EXHIBIT "A" SCOPE OF SERVICES $24762 1 29 59 EXHIBIT "B„ CITY'S REQUEST FOR PROPOSALS sza�ez 30 60 EXHIBIT "C" CONSULTANT'S PROPOSAL 524762.1 31 61 EXHIBIT "0" SCHEDULE OF COMPENSATION 524762.1 32 62 EXHIBIT "E" SCHEDULE OF PERFORMANCE 524762 1 33 63 Revised: 3123/07 EXHIBIT "C" CONSULTANT'S PROPOSAL 5247621 64 - CITY OF PALM SPRINGS DIVISION OF PROCUREMENT & CONTRACTING PROPOSAL I . PROFESSIONAi ENGINEERING DESIGN AND SURVEY SERVICES FOR: RFP No. 02-08 DOWNTOWN TRASH ENCLOSURE ADJACENT TO PARKING STRUCTURE October 18, 2007 DMC Design Group, Inc. A Total Engineered Solution Team Effort Proactive Leadership Effective Communications Responsive Actions 170 N.Maple Street, Suite 101 c, + Corona,CA 92880 rt, Phone 951-549-8100 Fax 951-549-8102 Web Site www.dmcdg.com b /G 6 5' 1DMC Design Croup, Inc. � Maple 'Centre _ 1'i0 N. INN iple St., Suite 1W Corona, 'CA 92880 DESIGN G (951)549-8100 ]FaX '(951)549.81102 October 18, 2007 Craig L. Gladders,Procurement and Contracting Manager City of Palm Springs Division of Procurement and Contraction 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 RE: Professional Engineering Design and Survey Services- Downtown Trash Enclosure Adjacent to Parking Structure Dear W. Gladders: DMC Design Group, Inc. has assembled a luglily skilled and experienced team of professional engineers, surveyors, right-of-way agents, managers, designers and technicians capable of providing cost effective and accurate professional civil engineering support services necessary to complete the surveying and design services necessary to prepare construction documents (plans, specifications and estimates) for the proposed Downtown TrashEnclosure Adjacent to the Parking Structure in the City of Palms Springs. Our Team is specifically skilled and experienced in surveying, designing and preparing construction documents necessary for a proposed trash enclosure improvements. More importantly, however, is our Team's shared desire to provide high-quality engineering service to the City of Palm Springs. In the execution of our assigtunents, we embrace the following principals: ❑ Assign a Project Manager and technical support staff that possess superior qualifications directly relevant to the project; ❑ Maintain continuity of our Consultant Team throughout the life of a project; ❑ Develop strict project specific guality control measures and enforce those measures throughout the life of the project; ❑ Communicate effectively at all levels within our organization, with the City's Project Team and with outside reviewing/permitting agencies; ❑ Coordinate design disciplines,calculations and analysis; ❑ Conduct thorough site investigations to verify all field conditions; ❑ Implement a management approach that ensures the project is completed on schedule and within budget. By embracing these principals since its inception in 1999, DMC's designs have involved the construction of over$30,000,000 in public improvements for agencies in southern California With less than I%in contract change order costs. F�MC200M7] 7TRAgHECWSUP 66 October 19,2007 Page 2 David M. Cosper, P.E. is the Principal Engineer for DMC Design Group and has over twenty-five (25) years of experience in designing and constructing municipal improvement projects for cities, counties and special districts throughout southern Califomia. Over the last ten (10) years, he has focused his experience and skills primarily on landscaped parkway/medians, decorative walls, project entry relocations, site developments, roadway widening/rehabilitations and storm drain/flood control improvement projects. Mr. Cosper has an extensive background working closely with agency boards and staff, with an impressive record of successfully identifying and attaining all project objectives quickly and cost electively. Many of these projects required "fast-track" approvals by outside agencies and involved constrained budgets. Mr. Cosper's skills and experience will be used to provide the Project Management activities necessary to successfully meet the objectives of this project. Other key members of our Consultant Team to be assigned to this project include: DMC Design Group, Inc. —Roadway, Drainage, Striping and TMP Design Joshua D. Cosper—Design Manager(8 years) Donna A. McConaughy—Administration (10 years) Joseph S Bonadiman and Associates, Inc. —Survey and Right-of-Way Services Edward J. Bonadunan, P.L.S.—Survey Manager(14 years) We look forward to working with the City of Palm Springs on this project and would very much like to discuss our qualifications and project approach in more detail. Should you have any questions or concerns regarding DMC Design Group's qualifications, do not hesitate to contact us. Sincerely DMC Designs Group, Inc. David M. Cosper, P.E. Principal Engineer Uu�� 67 DESIGN G&OER-E- ATTACHMENT "A" RFP #02-03 PROFESSIONAL ENGINEERING DESIGN & SURVEY SERVICES (DOWNTOWN TRASH ENCLOSURE ADJACENT TO PARKING STRUCTURE) SIGNATURE AUTHORIZATION PROPOSER: A. I hereby.cerlify thaf I have the authority to offer this proposal to the City of Palm Springs for the above Qisted individual or-company. I certify that I have the authority to bind myself/this comlpany in a contract should I be`successfut in my proposal. SIGNATURI B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: t. If successful, the contract language should refer to me/my company as: _An individual; `A partnership, Partners' names: _A company; A corporation 2. My tax identification number is: 524762.1 9 TABLE OF CONTENTS Section I-Statement of Qualifications and Experience Introduction City of Palm Springs Project Team Division of Procurement and Cnntracring Organisational Chart E.iperience/References Proposal: Section 2-Scope of Services Professional Engineering Design and Survey Prglect Understanding Services: Management Plan Quality Contrn! RFP No. 02-//8 Work Plan Downtown Trash Enclosure Deliverables Adjacent to Parking Structure Schedule Section 3-Additional Data Project Team Resumes DMC Design Group, Inc. 13 Dcaid M. C'nsper, P.E -Project 4Am7ager D Joshua 0 Cuspu-, P.E. -Project Engineer u Donna A McCunaughy- Utility Coordinator Joseph E. Banadiman&Associates-Surveys and Right-of--Way U Edward J Bonadiman. P.L.S. -Szin•ey Manager 1''WE 69 DESIGN GkOUP = SI ATLMLh'T OF Q UAG/FICATIOAS INTRODUCTION Incorporated since 1999. DMC Design Group has developed a reputation for preparing quality work on time and within budget for a wide variety of municipal improvements for public agencies throughout southern California, including decorative walls, public rest rooms, entry features and gates. Many of these successfully completed projects were completed under challenging and adverse conditions, requiring a complete understanding of local agency design standards, criteria and approval processes. Our expert knowledge of local agency policies and guidelines has proven invaluable in producing project requirements on time and within budget. DMC Design Group has an extensive list of satisfied clients we have provided these services to, including, most recently,the cities of Palm Springs, Moreno Valley, Lake Forest and Calimesa, the Niguel Shores Community Association, the Fire Access Maintenance District No. 1 of Indian Wells, the Los Angeles Unified School District, the Desert Sands Unified School District and the Counties of Riverside, Los Angcics and San Bernardino. Headquartered in Corona, California- DMC Design Group is conveniently located within forty-live (45) minutes of Paltn Springs, California. From our office location, we can effectively provide our design services to the City of Palm Springs, as we have in the past for the City of Palm Springs and many other public agencies and special districts throughout southern California. mission Statement As professional civil engineers, surveyors, designers, technicians and managers at DMC Design Group, our mission is simple — we want to provide a cost-effective solution that fully meets our Client's project objectives on time, within budget and within allowable and safe design parameters. Simply put, our mission is to provide "a total engineered solution." DMC Design Group is especially proud of its significant achieven-tents and strives to maintain this level of quality engineering service on all of our projects, regardless of size or client. DMC Design Group's source of pride is based upon the following: • DMC has extensive experience providing direct support to the staff of our clients in the development of project concept themes and designs of complex municipal improvement projects involving constrained schedules, multi-disciplined teams, reviewing boards, commissions, site developers and the general public; • A core project team of highly skilled and experienced professionals qualified to address all aspects of engineered surveys, wall designs and landscape improvements, including topographic survey, aerial and right-of-way mapping, preparation of comprehensive structural studies, alternative landscape concepts, utility coordination and the designs and preparation of construction documents for wall, landscape, irrigation, lighting and entry improvements; • A track record of providing quality engineering services and products through a comprehensive and thorough value engineered approach as can be demonstrated by our list of satisfied clients. DMC Design Group's comprehensive project management systems are flexible and can readily be tailored to suit the requirements of this project and the needs of the City. On many assignments, "fast tracking" has been used to achieve an early start on construction—with resultant savings— while maintaining a high standard of quality and integrity of design. I 70 DESIGN GROUP- STATLkEV OF QUALIFICATIONS Moat important, however, is the fact that many of DMC 's key personnel, including the assigned Prgfect Manager/Project -Engineer, have worked directly for public agencies in the past and fully understand the need to become an extension of the City's .staff- From its previous experience on municipal improvement projects. DMC.has learned the importance of integrating all aspects of its project management and design support ream with those of City staff and will strive to develop a seamless team approach in meeting and exceeding project specific objectives and goals. Reliability DMC Design Group was founded on the commitment of giving individualized attention to our clients. Our commitment is based upon the belief that a total engineered solution is the result of a team effort between the client and the consultant, developed through proactive leadership, effective communication and responsive actions. This core belief creates a very custonter oriented approach to our projects and places our clients as our most treasured resource. Our goal is to satisfy our client's needs with cost-effective total engineered solutions that fully meet all mission objectives within allowable and safe design parameters. In order to provide this level of client satisfaction, we become fully knowledgeable of our client's requirements and needs, while at the same time, DMC makes a strong commitment to produce error-free work, utilize a continuous improvement process, concentrate on prevention, rather than correction, and recognize the importance quality control has on the success of project. DMC Design Group prides itself on being able to look forward on a project while pulling from its past experience to foresee possible concerns_ With complete and thorough attention given to all tasks and assignments, we are confident that we can develop the total engineered solutions for this project. ,Principles In the execution of our assignments, we embrace the following principles: ❑ Assign a Project Manager and technical support staff that possess superior qualifications directly relevant to the project, including experience working directly for public agencies; ❑ Integrate our Consultant Team with the client's Project Team to develop an effective extension of client staff in meeting and exceeding project goals and objective, on time and within budget; ❑ Maintain continuity of our Consultant Team throughout the life of a the project; ❑ Develop strict project specific quality control measures and enforce those measures throughout the life of the project; ❑ Communicate effectively at all levels within our organization, with the client's Project Team, Commissions and Boards, as well as outside reviewing agencies and developers; ❑ Coordinate design disciplines, calculations and analysis, drawings, specifications and cost estimates; ❑ Conduct thorough site investigations and verify all field conditions; ❑ Ensure the project is completed on schedule and within budget. Z tf 71 DESIGN GRrl9M STATFlv=OF QUALIF(CATIONS Capabilities DMC is capable of providing most professional services in-house due to the multi-disciplinary resources of our staff. We offer design services in: ® Topographic/Boundary Surveys 4 Retaining/Non-retaining Wall Designs s Landscape Improvements d• Landscape Lighting Improvements d` Right-of-Way Mapping / Entry Improvements All of our engineers, surveyors, designers and CADD operators are fully functional in the uses of the following software packages: • AuioCAD 2007 6 MicroStation 8 0 CivilDesign • WaterCad 0 In-Roads Suite 0 HECl/I and HEC-RAS Sto=Cad © ALS 2002 Civil 3D Pro 2007 • SewerCad 0 WordPerlect Suite 10 • wSPG • Microsoft Office 2003 • DcsCartes Mapping • Photo Adobe ACT' 2005 e Retain Pro AES HYDRO Pro PROJECT TEAM DMC Design Group, Inc. has assembled a team of Key Consultant Team Members: individuals and subconsultants with the specialized Project Management/Design skills and experience necessary to address the David M Cosper,P.E.-Project-Waager -- .loshua D.Cosper, P.C.-Project Engineer professional surveying and engineering design Donna A.McConaughy-Utility Manager needs required for the downtown trash enclosure Sobconsultants improvements at the Parking Structure in the City Joseph C.Sonaditmn&Associates Survey of Palm Springs, Ca. ,k Brief biographical sketches follow for the senior staff members to be assigned to this project. David M. Cosper, P.E.—Project Manager Mr. Cosper will act as the Project Manager/Engineer for this project. The unique combination of Mr. Cosper's extensive civil engineering design background, his ability to communicate effectively and clearly with clients and agencies, and his hands-on approach to project development has proven to be very effective in successfully completing projects on time and within budget. In this role, he will be responsible for: ❑ Acting as the City Community Redevelopment Agency's main point of contact throughout the duration of the project design, working closely with the City's Community Redevelopment Agency, Public Works Department and Building and Safety Department, while directing the day to day activities and progress of the Consultant Team; ❑ Coordinating review and approvals of concepts and construction documents through oversight agencies; ❑ Attending all meetings required to coordinate the design activities between City Community Redevelopment staff, utility companies, adjacent developers and oversight agencies, and, when necessary,make presentations to various commissions, boards and the general public; ❑ Providing day-to-day direction in the preparation of an engineered survey of the lot and the design of proposed wall, landscape and entry improvements, including interpretation of plans and specifications, and coordination with affected utilities, developers, agencies, bidders and contractors throughout the duration of the project; 3 U7JIRRI 72 orSIGN GRON== STATFeWFrYT OF QU,9LLFIC9TIONS Ultimately, Mr. Cosper is responsible for client satisfaction and coordination of the activities of all members of the Consultant Team, while insuring project quality, schedule and budget compliance. Mr_ Cosper has over twenty-five (25) years of civil engineering experience, twelve (12) years as a Public Works Director/City Engineer for a number of California cities in southern and northern California. He has been the responsible Project Manager/Engineer for a wide variety of public improvement projects for cities, counties, school districts and special districts throughout the Counties of Riverside, Los Angeles, San Bernardino, Orange and Imperial, including the following improvement projects similar to that proposed in RFP 13-07: ❑ Mesquite Avenue Widening Project, City of Palm Springs, Ca.; ❑ Moreno Valley Substation Improvement Project, Moreno Valley, Ca.; • Heroes Park Improvement Project, Lake Forest, Ca.; • Bristol Street Slope Stabilization Project, Irvine, Ca.; [� Rockfield Avenue Wall Improvement Project, Lake Forest, Ca.; o Floe Packer Park, Lake Forest, Ca.; u Club Drive/Manitou Drive Entry Improvements to FAMD No. 1, Indian Wells, Ca.; ❑ Vista Chino Road Widening Project, City of Palm Springs. Joshua D. Cosper, P.E.—Project Engineer Mr. Cosper is on the Board of Directors for DMC Design Group, Inc. and is a Vice President in charge of design production responsibilities. Mr. Cosper has over eight (8) years of progressively responsible experience as a Design Manager, CADD Manager, Project Lead Designer, CARD operator, field technician and construction inspector for a variety of public works improvement projects involving wall, roadway, traffic signal and stoma drain improvements, including development and evaluation of alternative wall designs, roadway alignments, right-of-way mapping/documentation, and the preparation of complete and accurate construction documents (PS&E's) for a vast number of projects for cities, counties, school districts and special districts, including the cities of Palm Springs, Moreno Valley, Norco, Pomona, Lake Forest, Calimesa, Brawley, Santa Clarita, Orange and Barstow, the counties of Los Angeles and Orange, the Los Angeles United School District and the Fire Access Maintenance District No. 1 of Indian Wells. Donna A. McConaughy—Utility Manager Ms. McConaughy is the owner of DMC Design Group, Inc. and is responsible for the day to day activities of the firm. With over ten (10) years of experience as a utility coordinator and technical specification writer for private development and public improvement projects, Ms. McConaughy will be the Utility Coordinator for this project. As the Utility Coordinator, Ms. McConaughy will identify all utilities affected by the project improvements and, utilizing her extensive database of utility contacts, make initial contact with and obtain plans from each of the affected utilities. She will ensure all utility data for this project is accurately plotted on project plans and will coordinate the utility pothole effort to confirm potential conflicts, including the gathering and preparation of necessary data to be passed onto the proper agencies involved and affected utilities. 4 IT 73 DESIGN CRODEM STATEMrrVT Or o UAL lr•!CATIONS SUBCONSULTANTS Joseph E. Bonadiman &Associates—Survey and Mapping Since its founding in 1941, Joseph E_ Bonadiman and Associates, Inc. (JBA) has successfully completed a wide variety of engineering, surveying, planning, and construction-management projects_ Because of its broad experience in a variety of disciplines, JBA is able to complete comprehensive topographic and boundary surveys services for public improvement projects quickly and accurately. JBA has provided survey services directly to DMC for public agencies, including the cities of Patin Springs, Moreno Valley, Barstow, Norco and Orange. Edward J. Bonadiman, P.L.S. —Survey Manager Mr. Bonadiman will be the Survey Manager and will be responsible for providing all survey and right-of-way documentation needs for this project. Mr. Bonadiman is a registered Land Surveyor in California and has over fourteen (14) years of surveying experience for public works projects. Mr. Bonadiman has extensive experience gathering and mapping field data for roadway improvement projects, utilizing the latest survey technology and software available. His highly trained field personnel have extensive experience working on public improvement projects with DMC Design Group, Inc. 5 Lj -f 74 DESIGN GFff&P STATGiILVT OfQu-iLlrtc.],noys Project No. 02-08 Downtown Trash Enclosure Adjacent to the Parking Structure City of Palm Springs Community Redevelopment Agency Utility/Administration Survey Support 7;p aughy David M. Cosper, P.E. Edward Sonadiman, P.L.S. ger Project Managet' Survey Manager up, Inc. DriIC Design Gi'otr�, Ir1C. Iionadia�al7& Associates _ Joshun D.Cosper,F.E. r� Project Engniecr DMU Design Group lei Mike Kirk 7Desigsper Em3ny\faruta ' Donna feeler d BranJm�Rossner CADD D=signer ' I CADD Olx oaf or CADD Operalor C.IDD Designer Organizational Chart DMC Design Group , Inc . - - -- �=1r DESIGNGR1fHL� STATEMENT OF QUALIFICATIONS EXPERIENCE/REFCRCNCCs DMC Design Group, Inc. has built a successful reputation of completing projects on time and within budget. To verify this reputation, we encourage contacting the following clients from our growing list of satisfied clients: 9 Mesquite Avenue Widening/Storm Drain Improvement Project, Palm Springs, CA. — Reaponsible for the preparation of right-of--way maps and utility relocations, pavement eVa1202`1012S, ultimate storm drain alignment and capacity studies, roadway wideningh•ehabilitation designs and preparation of PS&E's required for construction of roadway wideningfresunfacing and landscape median/parkway improvements to a 0,75-mile portion oj'Mesquite Avenue and 1.25 miles of 72-inch storm drain improvements. This projecr was awarded AWPA Project of the Year for 2006 Project Team: Client: David M. Cosper,P.E.—Project Managcr/Engineer City of Palm Springs Public Works Dept. Joshua D. Cosper. E.I.T.—Design Manager Marcus Fuller, Asst. City Engineer Donna A. McConaughy,—Utilities 3200E. TahquitzCanyon Thomas Doczi, P.L.A.— Landscape Architect Palm Springs, CA 92262 John Gery, P.E. —Geotechnical Investigations 760-323-8253 EXT. 8744 • Vista Chino Road/Sunrise Avenue Intersection Widening Improvement Project, Palm Springs, CA. —Responsible for the design and preparation of PS&E's and acquisition of necessary Coltrans encroachment permits, including the preparation of two (2) design exception documents required for roadway widening improvements to a 750-f oot portion of Vista Chino Road(Slate Route 111) and a 500 font segment of Sunrise Wail, and Irg1fic signal modifications necessary to accommodate widening cmnd dorm drain innprovemenls to the east bound lanes of S.R I11. Also responsible for preparation of a lot line adjttsn7('I71 mad pre/post development A.L.TA_ Map nf' development adjacent to this segment of Vista Chinn Road and Sunrise Avenue. Project Team: Client: David M_Cosper, P.E.—Project Manager/Engineer City of Palm Springs Public Works Dept. Joshua D. Cosper, E.I.T.—Design Manager Marcus Fidler, Asst. City Engineer Donna A. McConaughy,—Administrative Mar. 3200 E. Tahquitz Canyon Edward Bonadiman, P.L.S.—Survey Managcr Palm Springs, CA 92262 John Gery, P.E. —Geotechnical Investigations 760-323-8253 EXT.8744 • Moreno Valley Electrical Substation and Switch Yard, Moreno Valley, CA. — Responsible for the preparation of a drainage report, a project concept report, and design and preparation of final plans, specifications and estimates required for the 81,000-sf sub-station and switchyard Project required the design of over six (6) acres of grading, street improvements, wood-crete perimeter wall with pier foundations,four (4) retention basins of over 65,000-cf in total size, a 200 foot Zang bio- retention basin far water quality management purposes, and erosion control/SGVPPP measures. Project Team: Client. David M. Cosper, P.E.—Project Manager/Engineer City of Moreno Valley, Joshua D. Casper, E.I.T_—Design Manager Enterprise Services Administration Donna A. McConaughy,—Utilities Public Works Department Edward Bonadiman, P.L.S.—Survey Managcr George Hanson,P.E. Utilities Manager John Gery, P.E.—Geotechnical Investigations 14177 Fredericks Street Moreno Valley,Ca 92553 (951)413-3502 7 76 DESIGN GREBE== STATF_A4ENT OF_OUALIF/CATIONS o Heroes Park Improvement Project, Lake Forest, CA. - Responsible for the design and preparation of construction documents, concept development, construction management and inspections services required for the construction of a ?000-foot access road, a one hundred (100) stall parking lot expansion, landscape improvements, parking lot/trail lighting improvements and Orange County PF&RD access/wail improvements within an Orange County Flood Control retarding basin. An extensive system of access ramps, stairs and retaining walls were required to accommodate the expanded parking lot facilities. The project required presentation of concept alternatives to the Parks and Recreation Commission for the City of Iake Forest and the Orange Counor Truils and Harbor Connnission for the Orange Count PF&RD. Project Team: Client: David M.Cosper,P.E.-Project Manager/Engineer City of Lake Forest Joshua D. Cosper,E.LT-CADD Designer Public Works Department Donna A. McConaughy-Utilities Robert Woodings, P.E.-City Engineer Edward J. Eonadiman, P.L.S.- Survcy Manager 25550 Commcrccntre Drive, Suite 100 Lake Forest, Ca. 92630 949-461-3480 • Bristol Street Slope Stabilization Project, Orange County, CA.-Responsible far the prepar•arlon of a inaterials report, project concept report, structural calculations for five (5) alternative slope stabilization designs, (PCC cost-in-place, PCC pre-cast using reinforced soil, modular retaining block landscaped slope and deepened fence foundation), design and preparation of construction doc•ztmernts for slope stability impravernenls to a !,000-foot long by 25-foot high section of the John Wayne Airport along Bristol Street, in Orange County. Project required close coordination with a number of' homeowner associations .south of the Airport, the Orange County Public Facilities and Resources Department(PF&RD), the John lfayne Airport staff. C alirans and FAA. Project Team: Client: David M. Cosper, P.E.-Projcet Manager/Engineer John Wayne Airport Joshua D. Cosper, E.I.T.-CADD Designer David McMiller, P.G.- Project Manager Donna A. McConaughy- Utilities 3160 Airway Avenue Costa Mesa, CA 92626 949-252-6046 • Rockfield Avenue Wall Improvement Project, Lake Forest, CA. -Responsible for the design and preparation of construction documents, including the preparation of structural calculations, required to remove approximately 100 feet of an existing property line wall at the intersection of Roc>field Avenue and Cavanaugh Drive that did not meet current local code requirements, replace it with an approved structural wall meeting current code requirements and install landscape/irrigation improvements in front of the wall. A portion of the wall was designed to retain approximately 4 feel of soil. Also provided construction managenent and inspection services for the City in completing the project. Project Team: Client: David M_Cosper,P.E.-Project Manager/Engineer City of Lake Forest Joshua A. Cosper, E.I.T.-CADD Designer Public Works Department Donna A. McConaughy-Utilities Robert Woodings,P.E. -City Engineer 25550 Cornmercentre Drive, Suite 100 Lake Forest,Ca. 92630 949-461-3480 8 � 77 DESIGN GRZM9> STATE?v1EtVT OF O UAL IFICATIONS 4 Floe Packer Park Improvement Pro,iect, Lake Forest, CA.—Responsible far developing alternative concepts, design and preparation of plans, specifications and estimates required for the one (!)-acre parkway between Packer Drive and Floe Drive in the City of Lake ForesL Project elin7inated a dead- end portion of Packer Drive and replaced it with this fatly landscaped parkway with a pedestrian access way to Flow Drive. Project also addressed existing flood control issues belweets the two (2) streets. DMC also provided construction Oversight and monagemenl service for this project in the City of Lake Forest. Project Team: Client: David M. Cosper, P.E.--Project Manager/Engineer City of Lake forest Joshua D. Cosper,E.I.T.—Design Manager Public Works Department Donna A. McConaughy,—Utilities Robert Woodings, P.E. -City Engineer Edward Bonadiman, P.L.S.—Survey Manager 25550 Commercentre Drive, Suite 100 Thomas Doczi, P.L.A.— Landscape Architect Lake Forest, Ca. 92630 949-461-3480 • Pepper Street Rehabilitation/Widening, Project, Moreno Valley, CA. — Responsible _for the preparation of 41 malerials report, hydraulic/drainage report, project concept report, design and preparation of final plans, specifications and estimates required for widening and rehabilitation improvements of a 600 foot portion of Pepper Street, from Alessandro Boulevard to Sherman Avenue, in the City of Moreno Valley. Project also required the preparation of right-of-way documents, and completion of a hydraulic/drainage study to determine local drainage impacts of proposed hnprovernents. Because of the impacts to the abruling residents, DMC was required to n7eet with and discuss the potential hnpactr Of the project to the residents. Project Team: Client: David M. Cosper, P.E.— Project Manager/Engineer City of Moreno Valley Public Works Dept. Edward J. Sonadiman, P.L.S.—Survey Manager Chris Wiberg, Senior Engineer Joshua D.Cosper, E.I.T.—CADD Designer 14177 Frederick Street Donna A. McConaughy—Utilities Moreno Valley, CA 92552-0805 951-413-3135 • Club Drive Entry Gate/Manitou Drive Entry Gate Modification Project, Indian Wells, CA.— Responsible for landscape and lighting concept plans, design, preparation of construction documents, hid administration, construction n2arnagemernl and inspections services required for enhancement improvements for the.Fire Access Maintenance District entry gates at Club Drive and Manitou Drive. Improvement including landscaping replacements, lighting improvements, structural wall extensions and founlain modifications. Project Team: Client: David M.Cosper, P.E.—Project Manager/Engineer fire Access Maintenance District No. 1 Joshua D.Cosper, E.I.T.—CADD Design Board of Directors Donna A. McConaughy—Utilities Harold Joseph, Chairman 77-203 Iroquois Drive Indian Wells, CA 92210 760-772-1877 9 'y L 7E DESIGN dfi u'Q SCOPE OFSFJ HOC PROJECT UNDERSTANDING Our Project Team has thoroughly reviewed the City of Palm Springs' .RequestforProposals (RFP) #02- 08 — Professional Engineering Design and Survey Services (Downtown Trash Enclosure Adjacent to Parking Structure). Members of our Project Team conducted numerous site visits of the project site between October 11, 2007 and October 17, 2007 and reviewed available record information, including Assessor Parcel Maps and aerial photos of the site. Specific questions regarding the project scope and parameters were discussed with Mr. Craig Gladders, Procurement and Contracting Manager for the City of Palm Springs. An existing trash enclosure is located southwest of the Fisherman's Market Restaurant, near the rear of a multi-level parking structure at Indian Canyon Drive and Baristo Road in the City of Palm Springs, CA. The trash enclosure serves several restaurants in the immediate area, including the Pomme Frite, the Chop House, the Thai house and the Village Pub. The City has identified the following three (3) specific concerns associated with the trash enclosure: 1. The trash is not adequately sized or located to handle the amount of use it gets. Often, the trash enclosure is riddled with loose trash and cardboard boxes that have not been properly broken down. Garbage odors have been an ongoing issue in the immediate area surrounding the trash enclosure. 2. The grease disposal system located within the trash enclosure is used by several restaurants. The are disposal container is not contained within an adequate spill control facility. On occasions, this deficiency has allowed grease to drain directly into the storm drain system. 3. The appearance of the area immediately surrounding the trash enclosures lacks the quality that the surrounding neighborhood of restaurants requires. City staff has prepared conceptual plans of the trash enclosure redesign. The conceptual plans show the required facilities, access gates and required utilities/services within the trash enclosure. The design will specifically include, but not be limited to: ❑ The height of the enclosure walls shall be increased from 6.5 feet to 10.0 feet using steel mesh material with finish to match the adjacent parking structure's exterior finish and shall have a roof; ❑ A portion of the south wall shall be removed and replaced with 10-12' wide gates for truck access to new compactors/containers; ❑ Relocation of an existing hose bib ❑ A tank-less hot water heater with hot water supply to the relocated hose bib; ❑ Installation of a keypad/keycard gate locks to restrict pedestrian access to the trash enclosures to authorized officials and users(2 locations); ❑ Installation of electrical power to operate lighting and compactors, and incorporate solar power where feasible; ❑ New disposal containers and compactors within the trash enclosure with odor control, recycling bins for glass and plastic with adequate utilities. (t is understood the City has already selected the compactors and recycling containers to be housed in the trash enclosure. The Consultant shall coordinate with the vendor to ensure the trash enclosure is designed with adequate space to accommodate these disposal facilities.); ❑ A grease disposal container in separate containment area with a curbed enclosure and protective liner. 10 U 79 DESIGN GIM SCOPEOFSERI7=5 u Storage for City equipment/supplies in a secured (locked) area within the trash enclosure. The City requires the services of a Professional Enginccring Consultant to conduct a detailed survey of the study area to properly delineate the property boundaries with the study area and carry out the detailed design of the trash enclosure. Specifically, the Scope of Work to be completed by the Professional Engineering Consultant shall include at least the following four(4) Primary Tasks: 2. Finalize Design Concepts Prepared by City Staff; 3_ Topographic/Boundary Survey of the Study Areas; 4. Final Design(Plans, Specifications and Estimates); 5. Construction Administration. MANAGEMENT PLAN DMC's project approach is based upon a proactive Project Management Plan that originates with our Proposal and is finalized and initiated with the Notice to Proceed. In summary, our Management Plan will communicate to each member of the Consultant Team the organization and communication procedures, task descriptions and assignments, schedule requirements, cost and resource budgets, project data and design guidelines. One of the key steps in preparing a useful Management Plan is the development of a detailed Project Work Plan. To develop this plan, a series of interface meetings will take place among the members of the Consultant Team to clearly identify the multiple activities required to complete this project. These activities will include not only specific project tasks, but also agency reviews and approvals, quality control processes and milestones for deliverables. Assigmnent of responsibilities for each activity will also be designated, as generally shown on the proposed Organizational Chart for this project. Modifications to the Organizational Chart will be made, as needed, to strengthen the Consultant Team's ability to immediate project needs and as identification of specific requirements are identified_ In developing this detailed Project Work Plan, many of the potential project constraints are identified, ways to expedite this project are developed, and the avenues of communication among team members are increased at this initial stage of the project. The ability to clearly communicate information, such as scope, cost, schedules, and technical matters, is a vital clement of any project. A coordinated effort among the various team members is required to achieve an integrated program that, in turn, is necessary to deliver quality services within strict budgetary and time constraints. Coordination requires effective and frequent communication among Consultant Team members. Key to the entire Management Plan and subsequent success of this project is the role of the Project Manager. The Project Manager is responsible for oversight and coordination of all project activities, meshing the technical requirements through a proactive, hands-on management approach. The Project Manager is the sole contact person between DMC and the City, interfacing with all City departments as well as with outside utility agencies. The Project Manager will be responsible for project documentation, including scheduling, preparation of agendas and meeting notes, and assignment of action items for meetings between City staff, sub-consultants and other agencies. QUALITY CONTROL Once the final work plan is completed and final Consultant Team assignments communicated to each Consultant 'Team Member, DMC will develop a defined Quality Control (QC) Plan specific to this project. The QC Plan will guide the Consultant Team in the management and implementation of quality throughout the life of this project, not to merely"check it"at the end of this project. The preparation and implementation of the QC Plan will be integrated into the work plan and a specific task and will be applied continuously and at strategic points in the work process by Consultant Team Members. The QC Plan will include procedures for both administrative and technical controls, such as project files, routing 80 DESIGN GRUM== SCOPF.OFSERVICFS of correspondence, checking/back-checking procedures, design notebooks, check lists, etc. To ensure the process is developed and implemented by the Consultant Team, DMC will prepare a written copy of the QC Plan to the City during the initial implementation stages of the wort: plan. WORK PLAN The Scope of Services proposed for this project will consist of three (3) phases; Preliminary Design Concept, Final Design and Construction Administration (City's Option). Based upon our current understanding of the project requirements and needs, our Consultant Team proposes the following Work Plan for this project: PHASE 1—PRELIMINARY DESIGN CONCEPT Task 1.01—Project Management Task 1.01.01 - Projecl Orientation Meeting— Prior to the start of the project, DMC will meet with key personnel from the City of Palm Springs Community Redevelopment Department, Public Works Department and Building and Safety Department ("Project Team") to discuss in detail the expectations for this project and procedures to be used by DMC in completing the assignments of this project. Tack 1.01,02 -Project MeerinQs—The Project Manager,will facilitate a number of necessary meetings to: o Resolve conflicting design issues; o Obtain record information and coordinate conflicting utilities with respective utility companies; • Coordinate with City staff, disposal equipment vendors, Palm Springs Disposal Services and local restaurants owners as required to determine project parameters and constraints, structure installation, operation and maintenance issues; o Present concept plans to City Staff/"Project Team"/City Council; Provide monthly progress updates to key personnel: Obtain necessary approvals and reviews by City staff members, Architectural Advisory Committee, Planning Commission and City Council. Based upon our current understanding of this project, the Consultant Team anticipates at least the following meeting schedule for this project: Meeriu-1 Description No_Of hleelingS Kick-Ott'Meeting I Project Team Design Meetings 6 Present Concept Plans 3 Total 10 Additional meetings, should they be warranted, will be conducted and the costs associated with those meetings beyond the number outlined above charged as an extra cost. For each meeting, agendas will be prepared by the Project Manager and will be provided at the meeting. Action items will be identified and properly assigned to Consultant Team personnel, staff or other agency personnel deemed most appropriate. The Project Manager will keep and prepare project-meeting minutes and submit to those in attendance within five (5) working days after the meeting. Task 1-01.03 -Project Schedule— Upon issuance of a Notice to Proceed by the City, DMC will prepare a control-level schedule, using Microsoft Project Schedules v. 4.0, detailing specific delivery dates and meetings. The schedule will be instrumental in providing the City of Palm Springs staff assurances of project schedule compliance. The schedule will be updated monthly and presented to the both cities digitally and in hard format at the monthly PDT meetings. Task 1.02 Research -DMC will research all available City, utility company and other agency records, as necessary, to secure all relevant information, clearances, and/or plan review services required to identify, locate and accurately lay out all improvements and easements, centerline, right-of-way limits and private property lines. DMC anticipates its research effort will include gathering the following information: 12 LJ JY 81 DESIGN GROUP SCOPEOFSERVIC&S o As-Built Drawings/Aerials o Pertinent In-Progress Drawings o Existing Geotechnical Reports o Assessor Maps o Existing Utility Drawings/Maps o Right-of-Way Record Maps o Available Drainage Reports n Existing Environmental Reports o Existing Traffic Studies/Data o Related City Reports o Flood Zone Designations o Records Of Surveys/Tract Maps o Intersection Ties o Benchmark Data o Field Notes Task 1.03 Site Visits (3) - Existing conditions and supporting improvements, such as pavement surface areas, curb, gutter, sidewalks and driveways, walls, stairways, mailboxes, trees, fences structures and existing landscaping will be inventoried. Pictures/videos will be taken of the entire project area to confirm existing conditions. Prior to the site visit, a meeting will be conducted with personnel from the city and representatives of the surrounding restaurants to review and identify additional issues regarding access, drainage, access, gates, mechanical equipment and other issues related to the proposed trash enclosure improvements. Task 1.04 Boundary Survey- DMC will establish the boundary of lands within the study area(as depicted in Figure I of the RFP) from a legal survey prepared under the direct supervision of a registered Civil Engincer authorized to complete a boundary map (pre-1982) or a registered Surveyor. The results of the survey will be depicted on a plan prepared in AutoCAD 2007, clearly identifying the boundary line(s), the location of existing parking structure and trash enclosure in relation to the boundary line(s) and surrounding buildings with access points to the Study Area. Task 1.05 Topographic Survey/Base Mapping - DMC will perform a topographic survey of the Study Area and beyond, as necessary, to establish vertical/horizontal control of the site and to accurately design the proposed trash enclosure improvements. The surveys will include all roadway, driveway, sidewalk, ramps and other public improvements, building corners and doorway entries, utilities and surface types. DMC will meet with appropriate officials from the City of Palm Springs and the County of Riverside to obtain benchmark data, intersection tics and other pertinent data relevant to this project. Utilizing research documents and field survey data, DMC will develop project area base maps at 1"=20' (max.) in AutoCAD 2007 on City title block sheets. The limits of the base map shall have the same beginning and ending points as the field survey limits. Task 1.06 lnitial Utility Coordination - DMC will complete a detailed research of available records to identify all utilities that may be impacted by the proposed improvements, including written contact, field reviews and mapping of the utilities. Specific subtasks include: • Preparation of a Ulilily Lag—DMC will develop a complete Utility Log of all correspondence with utilities during the Preliminary Engineering phase of the project; 0 ldettiftcatian/Notification of Affected Utilities — DMC will develop a request for information letter and one(1) utility notice to be sent to the utility companies via certified mail; • Plotting of Utility Locations— DMC will review data received from the utility companies and plot information on the base sheets to be used in the preparation of the project plans; • Identification ofPolenlial Conflicts — Potential conflicts will be identified. The City and the utility will be immediately notified of known conflicts and plans sent to the utility and the City indicating the conflict. Task 1.07Preparatiott of Concept Development Plats- Based upon the City's preliminary concept plan and discussions with City staff and surrounding property owners, DMC will prepare preliminary color concept renderings/illustrations of the proposed trash enclosure improvements for presentation to City staff, the "Project Team" and the City Council, as may be required, using appropriate visual aids, including drawings, slides and hand-outs- Task L 08—Presentation of Concept Development Plans- DMC will present concept plans to City staff and "Project Team" for review. Based upon comments received from City staff("Project Team", concept plans will be revised and presented to the Architectural Advisory Committee/Planning Commission/City 13 U� 82 DESIGN GROUP— SCOPEOFSERHCES Council for review and approval. DMC will revise concept plans, as necessary. It is understood that DMC will obtain formal approval of the concept plans through the City's Major Architectural Approval process, up to and including formal approval by the City Council. PHASE 2—FINAL DESIGN Task 2.0.1 Utility Coordination - Potential conflicts will be highlighted on plans provided to utilities as parr of the notification process, as outlined in Phase I. These plans will be submitted to the utilities at the 65%, 90% and final complete stages. DMC will prepare utility notification letters for each affected utility company. The attached plans will identify locations with the conflict areas clouded to clearly show the utility company the areas of conflict. The City will be immediately notified of known conflicts once identified. This information will be noted in the Utility Log. DMC will continue to coordinate with the utility until the conflict is resolved. Task 2.02 Preparation of Plans, Specifications and Estimates (PS&E's) - Utilizing the concept plans and design parameters developed in previous tasks, DMC will prepare clear, concise and accurate construction documents (PS&E's) for this project. In general, the construction documents will conform to the City of Palm Springs standards and practices. Task 2.02.01 -Plans—All civil improvements will be prepared using AutoCAD 2007 software on 24" X 36" sheets. The improvements will be prepared in plan sheet format only at a scale of 1"=20'. The wall improvements will be prepared in plan format at a scale of I" � 20' with a profile of the wall included in strip format. Detail sheets will be prepared at a scale of I"—20' or greater, as required. Based upon our current understanding of the project, DMC Design Group will prepare the following sheets: Dcacriplion No.of Sheets Title I General Notes I Details 2 Grading and Drainage Plan I Masonry Block Wall and Foundation flan 1 Lighting and Electrical Plan 1 Water Plan I Equipment Lay Out Plan ? Construction Staging 1 Total Sheets 11 Plans will be submitted to the City and affected utilities for review at the 65%, 90% and complete stages. DMC will submit four(4) sets of blueprints with each submittal, along with the previous red lined check prints. Comments received from the City will be incorporated into the plans. Final plans will be Submitted to the City on Mylar wet stamped by the Project Engineer. Task 2.02.02 - SpecificatiOns -- Utilizing City boilerplates where possible, DMC will prepare Project Specifications for the project. The Project Specifications will be prepared in Microsoft Word 2003 format and will be submitted to the City for review at the 65%,90% and complete stages. Task 2.02.03 - Estimates—DMC will prepare a comprehensive list of bid items, their quantities and unit costs and probable cost of construction and submit to the City for review. The final construction cost estimate shall be based upon and in agreement with the final estimated quantities shown on the bid sheet. The estimates will be prepared in Excel format and submitted to the City for review at the 65%, 90% and complete stages, or as otherwise requested. Backup data calculations by sheet and item will be prepared and submitted to the City upon request. Task 2.03 Bid.Assistance - DMC will assist the City in the bidding process by addressing questions regarding the plans and specifications through written responses, preparing and issuing Project addendums and attending and answering questions at the pre-bid meeting. 14 U4' 1 83 p�5lGn GR.O.RT— SCOPEOFSERVICES Task 2.04 Prepare As-Built Plans—Upon completion of the project, DMC will prepare"As-Built" plans based upon red-lined plans of actual field conditions as provided by the City's construction Contractor. Task Z.05 Revise PS&F.'sfor Rebid—Should the initial bid results require the construction documents to be revised, as deemed necessary by the City, DMC will revise the construction documents. PHASE 3—CONSTRUCTION ADMINISTRATION (OPTIONAL) DMC can complete the following Construction Administration activities should the City decide to use DMC for those activities: Task 3.01 Sid Analysis—Review bids received and determine appropriateness of costs; Task 3.02 Pre-Construction — Coordinate and attend pre-construction conference, prepare meeting minutes and address Contractor questions and concerns; Task 3.03 Shop Drawings — Review shop drawings submitted by the Contractor for conformance with construction documents; Task 3.04 Project Meetings — Coordinate meetings with City staff, Contractor and other agencies as required on a regular basis(twice monthly for 3 months)to update the status of the project; Task 3.05 Construction Monitoring — Provide inspections on a regular basis as agreed upon, to ensure the project is being constructed in compliance with the construction documents and to the City's satisfaction; Task 3.06 Final Inspection: — Recommend and schedule, with City and applicable agencies, a final inspection of the project; Task 3.07 Plant Establishment — Provide monitoring of the installed landscaping and irrigation improvements during the maintenance and plant establishment period. It is understood that if the City elects to have DMC complete these services, it will negotiate the construction administration phase costs upon completion of the design phase. DELIVERABLES It is anticipated the following deliverables, at a minimum,will be made by DMC to the City: Project Coordination - Project coordination, attendance at required meetings and presentations of preliminary and final project drawings; Boundary Survey - Complete and professional engineering survey of the boundary between the Triangle Parcel and the Plaza Villa Condominiums; Concept Plans- Preliminary concept drawings and renderings, as required and necessary to obtain approvals of City staff, the "Project "Team", the Architectural Advisory Committee, the Planning Commission and the City Council_ Construction Documents Plans - Preliminary plans shall be submitted to the City for review and comment on standard 24" X 36" City title block sheets for review and comment. Final plans shall be submitted on reproducible Mylar sheets and in AutoCAD 2004 format drawing tiles on computer disks. Specifications- Project specifications shall be submitted to the City for review and comment in a format and style to be provided by the City in Microsoft Word 2003. Final specifications shall be submitted to the City on computer disk and in reproducible form, including all appendices. Estimates - A preliminary cost estimate shall be submitted to the City for review and comment with the preliminary plans (65% complete) and shall include estimates for each item of work indicated in the project specifications. A final cost estimate shall be submitted concurrently with the final plans and specifications. 15 U ' , 84 DESIGN rRo.0 SCOPEOFSFRUCES Construction Administration - Construction inspection and management, construction administration record tiles, tilts and documentation obtained during the course of the construction phase of the project shall be provided to the City in an organized and indexed notebook format, including all contract information required by federal, state and local regulations. 16 U� 85 DESIGN GROIN Project Schedule July 10, 2007 Pmfessmnal Engineering Design and Surveying Services RFP 902-08 Downtown Trash Enclosure Adjacent to Parking Structure '07 Sep'07 Oct'07 Nov'07 JDec'07 Jan'O6 Fe gil hfar'08 �Apr'08 May'OS Jun 08 Jul'08 Aug'01 I❑ Task Name Duration Start Finish 12 19 26 2 9 16 23 3O 7 ;l4 2i 28 4 i 1118 25 2 9 16 23j30 . 13 20 27 3 16 17j24 9 16 23 30 6 13 20 27 4 i 118 25 i 8 15 22 29i 6 13 20 27 3 110 1 PHASE 1 -PRELIMINARY DESIGN CONCEPT 140 days? Mon 11112f07 Fri 5123108 -PRELIMINARY DESIGN CONCEPT t I 2 TASK 1.01 Project Management 140 days? Man 11/12/07 Fri 512310B 3 TASK 1.02 Research 5 days Mon 11112/07 Fri 11/16/07 11112 Q TASK 1.02 Research I 4 TASK 1.03 Site Visits 118 days Wed 11/14/07 Fri 4125f08 i 5 TASK 1 031nitial Sile Vrsils 1 0 days Wed 11114/07 Wed 1 V14107 1V14 . TASK 1.03 Initial Site Visits i TASK 1 03 Second Site Visits 2 0 days Wed 12/19/07 Wed 12/19/07 12119 . TASK 1.03 Second Site Visits 2 7 j TASK 1 03 Check Plans with Site 0 days Fri A125108 Fri 4125108 4125 ♦ TASK 1.03 Check Plans with Site 8 TASK 1.04 Boundary Survey 10 days Mon 11/19/07 Fri 11/30/07 11119 TASK 1.04 Boundary Survey i 9 TASK 1.05 Topographic SurveylBase Mapping 10 days Mon 1i119107 Fri 1113DI07 11N9 TASK 1.05 Topographic SurveylBase Mapping I 10 TASK 1.06 Initial Utility Coordination 30 days Man 111121D7 Fri 12/21/07 11f12 0 TASK 1.06 Initial Utility Coordination 11 TASK 1.07 Preparation of Concept Development Plans 50 days Mon 1213f07 Fri 218108 1213 TASK 1.07 Preparation of Concept Development Plans 12 TASK 1.08 Presentation of Concept Development Plans 30days Mon 121W07 Fri M108 12131 TASK 1.D8 Presentation of Concept Development Plans 13 Obtain Major Architectural Approval of Project Concepts 0 days Fn 218108 Fri 218108 278 ♦ Obtain Major Architectural Approval of Project Concepts i 14 15 PHASE 2•FINAL DESIGN 75 days Mon V11108 Fri 5123108 PHASE 2-FINAL DESIGN i i6 TASK 2.01 Utility Coordination 65 days Mon 2111108 Fri 519108 2fi1 TASK 2.01 Utility Coordination I 17 TASK 2.02 Prepare PS&E's 75 days Mon 2111108 Fri 5123f08 2N1 TASK 2.02 Prepare PS&E's 18 Task 2 02 01 Prepare 65%Complete PS&E's 30 days Mon 2111108 Fri 312 V08 2111 Task 2.02.01 Prepare 65% Complete PS&E's i 19 CITY REVIEW OF 65% PLANS AND ESTIMATES 10 days Mon 312416E Fa 414108 3724 = CITY REVIEW OF 65%PLANS AND ESTIMATES 20 Task 2 02.02 Prepare 90%Complete PS&E's 15 days Mon 41710E Fri 4125108 417 = Task 2.02.02 Prepare 90°I Complete PS&E's 21 CITY REVIEW OF 90%Complete PS&E'S 10days Mon 4128108 Fri 51910E 4128 = CITY REVIEW OF 90%Complete PS&E'S 22 Task 2 02.03 Prepare and Submit Final PS&E's 10 days Mon 5112f08 Fri 512310E 5112 � Task 2.02.03 Prepare and Submit 23 FINAL PS 0.r'S SUBrITTED TO CITY 0 days Fri 5123108 Fri 5123f08 FINAL PS&E'S SUBMITTED TO CITY ♦ 5123 I I David M Cospe r, P.E., Project Manager DMC TASK CITY TASK CALTRANS TASK 0 Milestone Summary ❑MC Design Group,Inc. Protect Schedule Page 17 D..Avro/YL Cosl�ctt RE EDUCATION: M.P.A., 1992,Public Administration California State University, Hayward B.S., 1981,Civil Engunecring University of California, Davis AFFILIATION: American Public Works Association American Society of Civil Engineers American Public Works Association Delegate -Citizen to Citizen Program to the People's Republic of China REGISTRATION: California Registered Civil Engineer License No.38022 EXPERIENCE: Mr. Cosper has more than twenty-five(25)years of professional civil engineering experience in California in the public and private sectors. Mr. Cosper has served as Director of Public Works for three California cities. His experience includes planning,design,and management in the engineering disciplines of streets and highways, water systems,drainage and flood control, pavement management system, trafflic signals, parks and landscaping, operations and maintenance, special assessment districts,and construction management, Specific assignrncnrs have included the following: ❑ Project Manager/Engineer, Mesquite Avenue Widening/Storm Drain Improvement Project, Palm Springs,CA- Responsble for the preparation of right-of-way maps and utility relocation, geotechnical investigations, storm drain alignment studies, roadway widening and rehabilitation designs and preparation of construction documents required for construction of 0.75-miles of roadway widening and resurfacing bnprovements to a portion of Mesquite Avenue, 0.5- miles of raised landscape median/parkway improvements and 1.25-miles of 66-inch storm drain improvements in the City of Palm Springs- This prnyecr was rnvarded,APWA Prnjecr of/he Year. G Project Manager/Engineer, Vista Chino Road/Sunrise Avenue Intersection Widening and Traffic Signal Modification Improvement Project, Palm Springs, CA - Responsible for the design and preparation of final plans, specifications and estimates required for roadway widening improvements to a 750-foot portion of Vista Chino Road (State Route I11) and a 5004001 segment of Sunrise Way and traffic signal modifications necessary to accommodate a right turn lane and the addition of through lanes on each street. The project required the relocation of an existing catch basin. All improvements constructed within the Vista Chino Road(SR 111) right-of-way required Caltrans review and approval. Project Manager/Engineer, Moreno Valley Electrical Substation and Switch Yard, Moreno Valley, CA - Responsible for the preparation of a drainage report, a project concept report, and design and preparation of final plans, specifications and estimates required for the 81,000-sf sub-station and switchyard. Project required the design of over six(6)acres of grading,street improvements, wood-crcte perimeter wall with pier foundations, four (4) retention basins of over 65,000-cf in total size, a 200-foot lone bio-retention basin for water quality management purposes, and erosion control/SWPPP measures. ❑ Project Manager/Engineer, Heroes Park Improvement Project, Lake Forest, CA. -- Responsible for the design and preparation of construction documents, concept development, construction management and inspections services required for the construction of a 2,000-foot access road, a one hundred (100) stall parking lot expansion, landscape improvements,parking lot/trail lighting improvements and Orange County PF&RD access/trail improvements within an Orange County Flood Control retarding basin. ❑ Project Manager/Engineer, Bristol Street Slope Stabilization Project, Orange County, CA.- Responsible for the preparation of a materials report,project concept report, structural calculations for five(5)alternative slope stabilization designs, (PCC cast-in-place, PCC pre-cast using reinforced soil, modular retaining block, landscaped slope and deepened fence foundation), design and preparation of construction documents for slope stability improvements to a 1,000-foot long by 25-foot high section of the John Wayne Airport along Bristol Street,in Orange County. ❑ Project Manager/Engineer, Club Drive Entry Gate/Manitou Drive Entry Gate Modification Project, Indian Wells,CA.-Responsible for landscape and lighting concept plans, design, preparation of construction documents, bid administration, construction management and inspections services required for enhancement improvements for the Fire Access Maintenance District entry gates at Club Drive and Manitou Drive. Improvements including landscaping replacements, lighting improvements,structural wall extensions and fountain modifications. E7 DESIGN GROG JosHTf.4 D. CosPErt RE EDUCATION: Engineering Studies. University of California, Irvine—B.S Civil Engineering REGISTRATION: California Registered Civil Engineer License No, 71667 EXPERIENCE: Mr. Cosper is a member of the Board of Directors for DMC Design Croup, Inc. and is the Vice President in charge of Design/CADD productions. Mr. Cosper has eight years (8) years of progressively responsible design experience for a variety of civil engineering projects. He has become a specialist in the development of accurate CADD drawings for public improvement projects and is responsible for mentoring our team of CADD specialist in the latest uses of AutoCAD and MicroStation. Mr. Cosper is currently assigned to or has recently completed the following projects: ❑ Design Manager, Vista Chino Road/Sunrise Avenue Intersection Widening and Traffic Signal Modification Improvement Project, Palm Springs, CA —Responsible for the design and preparation of final plans. specifications and estimates required for roadway widening improvements to a 750-root portion of Vista China Road (State Route 111) and a 500-foot segment of Sunrise Way and Traffic signal modifications necessary to accommodate a right turn lane and the addition of through lanes on each street. The project required the relocation of an existing catch basin. All improvements constructed within the Vista Chino Road (SR I 1 1)right-of-way required Caltrans review and approval. ❑ Design Manager, Moreno Valley Electrical Substation and Switch Yard, Moreno Valley, CA — Responsible for the preparation or a drainage report, a project concept report, and design and preparation of final plans, specifications and estimates required for the 81,000-sl'sub•station and switchyard. Project required Elie design of over six (6) acres of grading, street improvements. wood-Crete perimeter wall with pier foundations, four (4) retention basins of over 65,000-cf in total sire, a 200-Foot long bio-retention basin for water quality management purposes, and erosion control/SWPPP measures. to Design Manager, Floe Packer Park Improvement Project, Lake Forest, CA. — Responsible for developing alternative concepts, design and preparation of plans, specifications and estimates required for the one (I)-acre parkway between Packer Drive and Floe Drive in the City of Lake Forest. Project eliminated a dead-end portion of Packer Drive and replaced it with this fully landscaped parkway with pedestrian access way to Flaw Drive. Project also addressed existing flood control issues between the two streets. ❑ CADD Manager, Mesquite Avenue Widening/Storm Drain Improvement Project, Palm Springs, CA — Responsible for the preparation of right-of-way maps and utility relocation,gcoteclmical investigations, storm drain alignment studies,roadway widening and rehabilitation designs and preparation of construction documents required for construction of 0.75-miles of roadway widening and resurfacing improvements to a portion of Mesquite Avenue, 0-5-miles of raised landscape median/parkway improvements and 1.25-miles of 66-inch storm drain improvements in the City of Palm Springs. This project was znvarded APWA Project ofthe Year. ❑ CADD Manager, Pepper Street Rehabilitation/Widening Project — Responsible for the preparation of a materials report, hydraulic/drainage report, project concept report, design and preparation of final plans, specifications and estimates required for widening and rehabilitation improvements of a 600-foot portion of Pepper Street, from Alessandro Boulevard to Sherman Avenue, in the City of Moreno Valley. Project also required the preparation of right-of-way documents, and completion of a hydraulic/drainage study to determine local drainage impacts of proposed improvements. Because of the impacts to the abutting residents, DMC was required to meet with and discuss the potential impacts of the project to the residents. ❑ CADD Designer, Heroes Park Improvement Project, Lake Forest, CA. — Responsible for the design and preparation of construction documents, concept development, construction management and inspections services required for the construction of a 2,000-foot access road,a one hundred(100)stall parking lot expansion, landscape improvements, parking lot/trail lighting improvements and Orange County PF&RD access/trail improvements within an Orange County Flood Control retarding basin. U� as DESIGN GROOM DONNA A.MCCONAUGI-iY EDUCATION: A.A., 1978 General Studies Lassen Community College EXPERIENCE: Ms. McConaughy is the owner of DMC Design Group, Inc. and is responsible for the day to day direction of the firm's resources. She has ten (10) years of experience in utility coordination and specification preparation for numerous civil engineering projects, especially in the area of street resurfacing projects. Through her efforts to coordinate resurfacing projects with utility companies, Ms. MCConaughy has developed an extensive database of utility contacts in Orange, Los Angeles, Imperial and Riverside Counties and has been very successful in having utilities respond to utility notifications. The skills and experience she has developed over the last ten (10) years allows her to quickly obtain record plans and research documents necessary for resurfacing projects. Ms. McConaughy was responsible for coordinating utilities and/or preparing technical specifications for the following projects: Lo Vista Chino Road Widening and Traffic Signal Modilication Improvements, Palm Springs,CA; ❑ Moreno Valley Substation and Switch Yard Improvement Project, Moreno Valley,CA.; Ll Mesquite Avenue Widening Improvement Project, Palm Springs,CA; ❑ 5"Svect Reconstucdon Project,City ofCalinnesa,CA; ❑ Boeing StreeUMcDotmel Street Sidewalk Improvement Project,Moreno Valley,CA; Pepper Street Widening and Rehabilitation Improvement Project, Moreno Valley,CA; G Perris Boulevard Rchabiliration/Widening Project, Moreno Valley,CA: ❑ Elswotth Street/Sherman Avenue Widening/Rehabilitation Project, Moreno Valley.CA; ❑ Iris Avenue Improvement Project Phase I and 2, Moreno Valley, CA; Main Street Resurfacing Project(AI-IRP funded),Orange.CA; ❑ Prospect Street Resurfacing Project(AHRP Funded).Orange,CA: ❑ Yorba Street Resurfacing Project(AHRP Funded),Orange, CA: ra Hewes Street Resurfacing Project(AHRP Funded),Orange,CA; ❑ East Main Street Reconstruction Project, Barstow,CA; ❑ Bake Parkway Rehabilitation Project(AHRP Funded), Lake Forest,CA; ❑ Malan Street Improvement Project, Brawley,CA; ❑ Bouquet Carryon Road Widening/Resurfacing Project, Santa Clarks,CA; ❑ Verdun Avenue Rehabilitation Project,Baldwin Hills,CA; ❑ Marvale Drive Reconstruction, Baldwin Hills,CA; ❑ Carson Street Rehabilitation Improvement Project,Carson,CA; ❑ Westminster Avenue Rehabilitation improvement Project,Long Beach,CA; ❑ Avenue F-8 Reconstruction Project,Lancaster,CA; ❑ Avenue G Construction Project,Lancaster,CA.; ❑ Heroes Park Improvement Project,Lake Forest,CA.; ❑ Floe Packer Park Improvement Project,Lake Forest,CA; ❑ Club Drive Gate Entry/Manitou Drive Gate Entry Improvement Project,Indian Wells,CA.; ❑ Bristol Street Slope Stabilization Project,Orange County,CA. E- 89 DESIGN Gi8F6 EDwAPDJ.Bomy/MAN,P.L.S. EDUCATION: Masters,Business Administration/Management California State University—San Bemaldino,San Bernardino,CA B.A.,Business Administration/Management California State University—San Bernardino,San Bernardino,CA, REGISTRATION: California Registered Land Surveyor License No.L-7529 EXPERIENCE: Mr. Bonadiman has been working in the Land Surveying field for over fourteen (14) years. He has provided land- surveying services with Real Time Kinematic G.P.S. equipment since 1994. His understanding of the latest equipment, features, benefits, and limitations has made Mr. Bonadiman a valuable asset on any project. Mr. Bonadiman has worked extensively throughout the western United States, and is currently preparing record of . surveys, parcel maps, tract maps, large area vertical/horizontal control plats and construction staking from their office in San Bernardino. Mr. Bonadiman has acted as the Survey Manager on the following DMC sponsored projects: ❑ Survey Manager, Vista Chino Road/Sunrise Avenue Intersection Widening and Traffic Signal Modification Improvement Project, Palm Springs, CA — Responsible for control and topographic surveys and right of way mapping required for the design and preparation of final plans, specifications and estimates required for roadway widening improvements to a 750-foot portion of Vista Chino Road (State Route l 11) and a 500-foot segment of Sunrise Way and traffic signal modifications necessary to accommodate a right rum lane and the addition of through lanes on each street. Also responsible for the preparation of a pre- development and post-development A.L.'T.A. Map and lot line adjustments to development adjacent to this segment of Vista Chino Road and Sunrise Avenue. u Survey Manager, Pepper Street Rehabilitation/Widening Project, Moreno Valley, CA. — Responsible for control and topographic surveys and right of way mapping required to design and prepare final plans, specifications and estimates required f'or widening and rehabilitation improvements of a 600-1bot portion of Pepper Street, from Alessandro Boulevard to Sherman Avenue, in the City of Moreno Valley. u Survey Manager, Pace Road Water and Sewer System Improvements, Moreno Valley, CA — Rcsponsible 11or Field surveys and topographic mapping required to design and prepare construction document required for approximately 750 feet of 8" sewer main and the extension of approximately 600 feet of 12" water in the City of Moreno Valley. ❑ Survey Manager, Graham Street Water Improvements, Moreno Valley, CA—Responsible for lield surveys and topographic mapping required to design and prepare construction documents required the abandonment of approximately 1,200 LF of existing undersized 4" water main and construction of a 800 LF extension of a 12" water main. The project also included the replacement of twenty (20) service laterals and three (3) Fire hydrants. Project required close coordination with Eastern Municipal Water District. ❑ Project Manager/Engineer, East Main Street Reconstruction Project, Barstow, CA — Responsible for field surveys and topographic mapping required to design and prepare construction documents, including working centerline profiles, driveways profiles and 50 foot O.C. cross sections, for construction of roadway reconstruction improvements to a 0.50 mile portion of East Main Street(Historic Highway 66)in the City of Barstow. ❑ Survey Manager, Boeing Street and McDonuel Street Sidewalk Improvements, Moreno Valley, CA — Responsible for field surveys and topographic mapping required to design and prepare final plans, specifications and estimates for sidewalk improvements to 800-foot segments of Boeing Street and McDonnel Street, from Adrienne Avenue to Bay Avenue,in the City of Moreno Valley. ❑ Survey Manager, Iris Avenue Improvement Project,Moreno Valley, CA.—Responsible for field surveys and topographic mapping required for the design and preparation or final plans, specifications and estimates for overlay,reconstruction,widening and traffic signal improvements of a 0.5-mile portion of his Avenue, from Indian Street to Perris Boulevard, in the City of Moreno Valley. 90 DESIGN G/tpBRE� EXHIBIT "ll„ Revised: 3/23/07 SCHEDULE OF COMPENSATION $247e2.1 91 17TIC Di�i,gl Group. hji. —� iYluP9r 4:eratxi• � �,`,i�;. �;�'�' _ i71) N. Maph,St_Suitr 101 c Curfnun. QA f37,7380 _ DESiGN t'95i)519-8100 Fax(f151)C�19-8102 October 18,2007 Craig L. Gladder$,Procurement and Contracting Manager City of Palm Springs Division of Procurement and Contraction 3200 Fast Tahquitz Canyon Way Palm Springs,CA 92262 RE. Fee Proposal(Revised 10/24107)-Professional Engineering Design and Survey Services PWP 902-08(Downtown Trash Enclosure Ad jaceat to Carling Structure) Dear Mr_Gladders_ DMC Design Group will provide the following services.as outlined in our October 18,2007 proposal for the referenced project for the following Not to Exceed"fee: Phase I—Preliminary Design Concept Task 1.01 Project Management $4,150 Task 1.02 Research $1.780 Task 1_03 Site Visits(3) $2.670 Task 1.04 Boundary5u,vcy $2,620 Task 1.05 fopographic Survey/Base Mapping $4,000 Task 1.06 Initial Utility Coordination $1,080 Taskl_07 Preparation of ConceptDevclopmentPlans $4?80 Task 1.08 Presentation of Concept Development Plans $1,240 Phase i Labor Costs 521,820 Phase 2--Final Design Task 2.01 Utility Coordination $600 Task 2.02 Preparation of Plans, Specifications and Estimates S21 210 Task 2.03 Bid Assistance $1,480 Task 2.04 Prepare"As-Built"Plans $1,420 Task 2.05 Revise PS&E•s for Rebid $L710 Phase 2 Labor Costs 526,420 Total All Phases $48,240 Direct Costs $4,500 Total Fee $52,740 <:M1nRxE7D1/�+W]IJ]�7i[th511 PML0.5[ItrilTGt�'F,FAE1�4Ur20P[15�L`4]10.+�It[!VISFA hEF.IIiT[+AI%%' 92 October 19,2006(Revised October 24,2007) Pale 2 Attached is a Resourec Matrix detailing Task Costs by Position. Tbis Resource Matrix will be used to monitor DMC's costs. Each month, the matrix will be updated to show actual hours expended far each task. The updated Matrix will be provided to the City with The monthly invoice for verification of effort. Should a task begin to exceed the estimated costs originally assigned to that task,as outlined in the Matrix. DMC will review the remaining effort required to complete the task to determine if there are sufficient resources within the task to complete it. Should it appear there are not enough resources to complete that task, DMC will review resources retraining for other tasks to determine if surplus resources can be applied to the deficient resource. It is DMC's goal to maintain,the project costs as outlined in this proposal and DMC will make every effort to keep its projected costs within the limits of this proposal duough this monthly revim process. However,should additional services outside those described in our proposal be required of DMC and there are not adequate resources within die existing fee strucrure as outlined in the Resource Matrix, DMC wdll request additional fees for these scrnices. We look forward to working with the City of Pahn Springs and would very much like to discuss providing our Engineering Design and Survey Services on the proposed dovoitown trash enclosure improvements. Should you have any questions or concerns,do not hesitate to contact me. DMFI4 igu Group. loc. David M. Cosper, P E, Principal AITACHMENT Resource Matrix I ourly Rate Schedule 1 ocsr�t�cif .`' 93 SCI3EDULE OP HOURLY l3ILLING RATES This hourly rate schedule is a part of DMC Design Group's proposal for Professional Engineering Design and Survey Services For The Downtown Trash Enclosure Adjacent to the Parking Struciure- RFP 02-08 in Palm Springs, Ca., as outlined in our October 18, 2007 submittal to the City of Palm Springs and tvill be used to invoice the City of Palm Springs for monthly progress payments and extra work incurred for the duration of the project. OFFICEPFRSONNPL Expert Wimess/Depositicns ..................... . ... .......•---..................... ........--......... ...............__-------------------.S225Ihr LitigationConsultation.. ......................... ......................... ---•.............••..........--............................... S200/hr Principalconsultant.................•........................................................................................................... • . ....S175/hr ProjectManager.............................................. ..............................-.......................,.........................................S 155/hr ProjectEngineer................................................................................................................................................S130/hr TrafficEngineer.......... ................................... .................................................................................................S 110/hr ElectricalEngineer....... ......... .. ........ ................... ... . .................... .. ...... ................................ ............SI I0rhr CADDManager...... .... ............................. ......... . '-- ................ ......... •................................................S110/hr DesignEngineer.................. ....................... ... ........ .... ............. .. ..... ....................... ...................................... SI10/hr CADDOperator.............................. ...................... ......... ........................... ............................... ... .......,... S90/hr Traffic Signal Systems Specialist-- .........................- ...--......................--...--...................................-••...... S90/hr UtilityCoordinator........................................................... ............................................. ............................... S75111r Technician...................................................----.--........................................................------............................. S65/hr WordProcessor............. . ...... ... .... ....... . . ............... ..--.---......... ..... .......................... S55/hr Clerical................ ........... ................... .•-- ............................................................ S30/hr FIFLn pi?RSONN'F.i. SurveyManager........................ ..... . ............................. ............................... . ....................................... . . .SI 10/hr Two-Man Survey Party w/Vehicle& Equipment...........................................................................................SI95/hr Three-Man Survey Party w/Vehicle R Equipment..................................... ...................................................S22511tr FieldTechnician............ ............... ........................ ...... ......... .. ............. .. ...................,.....................S6011ir Public Works inspector. ............................................................. ........._............ ........... ............---------------------S70/hr SL'FFORT&MtsCEI.r.ANrous CosT CADD Work Station/Plotter........................ .............. .. .. ..................... -- • ..........................- •-------- S25/hr ComputerTime..........................................................,.,.....................,.......................... ............................... SI6/hr Electronic Distance Measuring Equipment...... ...... ....................................................___..• •-• .............. S55/hr SurveyTrucks...............................................................................•............................ ..................................S0.50/mile OtherVehicles.....................................................................................-..........................................................S0.36/mile NuclearGauge...................................................................... ..........................................................---------- S75/day Manometer.............. •--•....................................--.....................--...................................................................... S20/day SlopeIndicator........................ ...................................................... -• ...... ........-...... 5501day Other Equipment- .........................Separate Schedule Outside services,subconsultan,ts and direct costs beyond those shown in our proposal willbilled at cost plus 15%for administration,coordination and handling. Scheduled overtime will be billed at 125%.Terms are net 30 days with 1.5% per month interest charges. The above schedule is for straight time hours. assrcrl caxaui=? 94 Resource Matrix tWilad Loll IW 4000i Proressfon al Engineering Resign and Survey Services RFP 902.0E Downtown Trash Enclosure Adjacent to Parking Struclu re Palm SPrings,CA PAW PRD! DEMN CAD IlTIL{Y WORD SOR4M 2 M a TOSAL vain TASY OESCaePifoy MOR £rfOR ENOR OPER TECH CCORD PrrO Y0.4AOER fiIIRV£Y L IIDR PNASE 1-PPELIMWA0.Y DE91G2!COYCEPL TalEipl Pr.�WCI.rnOemenl 601.0I P cl Odl446-0 M. :•n x 1 S305.0 1 A1.02 . +d k•el* s MP4 � 2 5 23 12.8550 C. 1.0[A3 Woec15Nstlb L�'ale 5 F _39'e3IX Taskl.02 S .wlt _TaskSAS 56e 1li6a 3 e [ t2 525T0icsktAf Baunda SYM' N TuktW to nhleSurve, ase Y.r N d d $4iO.rdlk l.[i InlPal Ltill Coprdr hey b .1 S+f=O. rak 1. 1 1 m 4an 2r Gner Dent m n[Plam _ --- ---_-- 11.2a06. _ 11.240b TOT#Pf El-PRELI2EIr.ARYDESM4C0}RE V O6 N Sd 4 13 2! IC 12 [6� 19l $21.320. P E2.F rtA DE5IOY Took 2.01 Nllil CooMl Nlory 1. T.%2.02 Pn I011ep cr PSEEY 2.OteI Nvs tll Shn1s1 2 10 b lee rs 9•, 2.La025 q' ,o Wo 0 12ALOS Fi!!2'ef 2 1 1` Suk ie3 Sltl Asueprt<a - d 6 1: Sr 41:0 u task iCa �sn' .Sr P:mr ti A B � 5`a20 R; Taak2.0S W.PS --V2r RCA•C 2 4 e Id ll,fhlC Mrt PRME2-FrlAlr]E510_ a 43 ee SW e e e 0 _ C 2Y S164.1 M. PR0.EGT iniAL-ALL2;R aE as 62 94 15:1 201 301 lat 12 1n f5E IlE,23a i URLYMTE $155.00 $13][e eI IOL 590.P: ihS00 335.W 5552C 5110L0 510. TOTAL LAQDR COST ! e22 Itmal $10.112 3sa'aut SiidO l2,'L50 5390 53?20 13122 i15,21 01R Gr COSTA uos,veres Swan Renhrrgs ll.Sn]ILHOP Renadxl3ns _ _ S l;, ODr 1Coe SLee4G Ys 12.SY. d511 MDr rtCc51 mm mnn cool ias.x6 iDTAL r4DlECT casT Ss;n9 kD [1T Revised: 3/23/07 EXHIBIT "E" SCHEDULE OF PERFORMANCE 524762.1 96 P¢!asenal Ee P1.0 Seeaul=_ 9ln—I 9 G. 9n=_ni S,•.Ir 35ervr as Jul!10.2007 RFP Fo2!'6 Lt'11.11.1 7'..Enclsum fcla¢rl b PaAI O Slralure IO ]ask Name .Sa b2 ouv} ,rma•m 'De:vn !nU6 Feb'OB INxrbB PFr'OB R ainn SbR f FineM1 19 . 2 9 f0 23 30f ] 114-21 }8 q 11 1BI2a 2 9 16 23 301 6]3••20 Z3 ] 10 V 25 2 9 1fi 23 30 6 13 20 22 < It 1B 25 ] PHASEI•PRElISfIRCRYDESIGH CONCEPT 140d ems] Moni1f1210! Fn MA'-- PH0.5E] PXELIYINARYOESIGw CONCEPi� 2 TASK 1,01 Pmira A'nyemenr 140 Gsys] Plan llll2U} Fn5 3-06 .t- 3 TASK 1.02 Rerearfh 5c., Alan 1 V1b➢3 Fa llfla02 I Hfl3 D TASK 102 R=search b TASN 1 W Site Wsih, Se nara Wed 11f14M2 Fd Lf,, a TASK 1A31.IL1 Ste'!b 1 0 do, 114tl 1lfKU} Ira]11f14m} ]]fl4 k►TASK Lo31nl[a1alto Yu'h 1 6 TASK 1.03 Scxnd Sle Pe1J 2 OLps "d 191BU7 1hd JVI R'DI 1211�*TASK 1 035eccntl fitle Yei[s2 2 TA& 11.0 Check Ranm will Ste 0days Fn BS➢0 Ftl Vim 3l1 ♦TASK 1.03 Check PLis with site 0 TASK 105lcuntlsy SunrY to do, Mcn 11f19W Fn 11CFU} 11119 O TASK 1.04 Roun W ry Sur, 9 TASK 1L3 rope,mp]Ilc SumyMase fdapFl-D 10tlsys Mon 11114➢1 Fn 1T70'07 11f190 TASK 105 iopcgaphn Sorveyl6au kapping 10 TASK 1.061ellill lift Cocsdnallon 30cay 1.1an 1Rrb➢3 N12RV02 11,12 TASK 1 Ca fnillal OUIItY LwrtllnaLnn rf TASK1.0 Paprollon of CGncapl DayalEPment Plans 15 J.Y. lice IMIDF F.1921.G] 1V]O TASK 1.Oi Primp=_raLon cti Cancel'perelopmcr;Plans 12 TASK 1.O9 ARseniabon of Concept mopmerl Ffaeo 15tl" Plan I If12 Fn Il.MC} 11Y2 TASK f 00 Pra=,Mallon of Cmc.➢1 DeveloW''em Plans 15 ObUln M1fajar Arcbtwlural Approval o'Prof=_q Concept. Diary Fn 118]U} Fn 11,^Oi➢} ]1f30` Obtain Major ArcM1iroctura}Approval ar Profecl Ccmc-pis 14 15 PHASE 3.FINAL RESIGN 65 days rdon 193N} Fn U29MB P:+ASE 2�FINAL OE6[GH 16 TASK2A1 DNily Lcartllnauon 0 al., Ncn IS"F Fn VECa ilea f TASK 2.01 WiIIPf Coartllnapun 17 TASK 2.02 Pa Fare PSRE'e 55 dap Ill..l M7 Fri L2;W ]L➢ TASK 202 Pm Fare PSBE'z 10 TEA 2.0201 Pmpam 65%Campton,PSZ" 20E Mon 1AGO? Fn 1240A1 123 O Task 2.Oe.W Pre ➢ara 65%Complete FSBE's In CITY RIWE4Y OF 65%PLANS AND ESTIMATES IOda}s flon 193107 Fn lei Im0 12f31 CITY REVIEW OF 65%PLARS AND ESR'AATES 20 Te=k 2A W Plepare^2%Ce9p'ele PSSE'S 15d,s 1.1po 1114i06 Fn b1!o9 1!14 izsk 2.02A2 Pre pain FA.Cmplcle PSd£•5 21 CITY REVIEl9 OF 90i5 Com➢Ie1e PSL£•S 10days WxIL4m6 Fn F1SVa 2140 CITY REYEYl OF9o%Cov;plelu PSAE'9 22 le•k 262G3 PP:e➢—a and SUNnl Final FSdek 10dayz Van VIR-03 1 Fn9 W5 L10 0 Task 2A2.03 Pro are and Su m.P h 1FInzr P55Es 23 FIN0.LPSd£'SS11�rMIT6ED TO CItt Gtloya Fn Si OMB Fn]!23Y3 FINAL PSSE'S SUBMITTED To CItt k`?I29 De.1tl M.DIAGD-al nGPfq=A rAan�.r pASOTASK CIttiASK' Summary @MODerl3n PifLpp,rA f 0 CALTPM5 TASY,r � A1L=slune Pryert Sc`zdule Page 1] v RESOLUTION NO. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE AGREEMENT WITH DAVID VOLZ DESIGN FOR PROFESSIONAL LANDSCAPE ARCHITECTURE DESIGN SERVICES FOR THE ENHANCEMENT OF THE DOWNTOWN ALLEYWAY BEHIND THE PARKING STRUCTURE IN AN AMOUNT NOT TO EXCEED $35,000.00 THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Consulting Services Agreement "Agreement" with David Volz Design for Professional Landscape Architectural Design Services for the Downtown Alleyway enhancements in an amount not to exceed $35,000.00. SECTION 2 The Executive Director or his designee is hereby authorized to execute all documents related to the Agreement. ADOPTED THIS day of , 2007. David H. Ready, Executive Director ATTEST: James Thompson, Assistant Secretary 98 Resolution No, Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, Assistant Secretary City of Palm Springs, California 99 Revised: 3/23/07 PROFESSIONAL SERVICES AGREEMENT (David Volz Design — Downtown Alleyway Enhancements Landscape Architectural Design) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this 7th day of November, 2007, by and between the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic ("Agency"), and David Volz Design, Landscape Architects and Park Planners ("Consultant"), (hereinafter referred to as "Consultant")- Agency and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinaler collectively referred to as the "Parties." RECITALS A. Agency has detennnined that there is a need for Professional Landscape Architecture Design services for the design of the downtown alleyway enhancements (the "Project"). B. Consultant has submitted to Agency a proposal to provide landscape architecture design services to Agency pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation., and expertise to provide these services and has agreed to provide such services as provided herein. D. Agency desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. SERNJCES OF CONSULTANT 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the Agency entering into this Agreement, Consultant represents and warrants that Consultannt is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 524762.1 1 100 Revised: 3/23/077 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the Agency's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the Agency ("Consultant's Proposal"), which shall all be referred to collectively hereinafter as the "Contract Documents," The Agency's Request for Proposals and the Consultant's Proposal, which are both attached hereto as Exhibits "B" and "C," respectively, are hereby incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the Agency's Request for Proposals, and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1") the provisions of the Scope of Services (Exhibit "A"); (2`0) the provisions of the Agency's Request for Proposal (Exhibit "B"); (3`d) the tenns of this Agreement; and, (41i) the provisions of the Consultant's Proposal (Exhibit'.C')- 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1.4 Licenses Pernuts Sees. and Assessments. Consultant represents and warrants to Agency that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform. the Work and Services required by this Agreement. Consultant represents and warrants to Agency that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be unposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless Agency against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against Agency hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement_ if the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the Agency of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Agency. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, 52,17621 2 101 Revised: 3/23/07 documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the Agency, except such losses or darnages as may be caused by Agency's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. Agency shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the Agency to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or(ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to twenty- five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the Executive Director, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Community Redevelopment Agency of the City of Palm Springs. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any work or service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by Agency in accordance with the Schedule of Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by reference, but not exceeding the maximum contract amount of Thirty Five Thousand Dollars, ($35,000.00) (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum. Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the Agency. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant hereby acknowledges that it accepts the risk that the services identified in the Scope of Services may be more costly and/or time-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 maximurn amount of Agency's payment obligation under this section is the amount specified herein. If the Agency's maximum payment obligation is reached before the Consultant's 524762 1 3 102 Revised: 3123/07 Services under this Agreement are completed, consultant shall nevertheless complete the Work without liability on the Agency's part for further payment beyond the Maximun Contract Amount. 2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the Agency, in a form approved by the Executive Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the Agency. Agency shall use reasonable efforts to make payinents 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 Scone. In the event any change or changes in the Scope of Services is requested by the Agency, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily famished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Community Redevelopment Agency of the City of Pabn Springs for each fiscal year covered by the Agreement. if such appropriations are not made, this Agreement shall automatically terminate without penalty to the Agency. 3. SCIEMDULE 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 corntnence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit "E" and is incorporated herein by reference. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the Agency shall not be obligated to grant such an extension. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of 524762 1 4 103 Revised: 3/23/07 any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of airy governmental agency, including the Agency, if Consultant, within ten (10) days of the commencement of such delay, notifies the Executive Director in writing of the causes of the delay. The Executive Director shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Executive Director such delay is justified. The Executive Director's detennnination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the Agency for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Ternr. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "E") and pursuant to Section 3.2 above, unless extended by mutual written agreement of the Parties. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performmmed under this Agreement and make all decisions in connection therewith, David J. Volz, L. A., Principal. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the Executive Director of Agency, and is subject to change by the Executive Director. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the Agency required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or-Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for Agency to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of Agency. 524762 1 5 104 Revised: 3/23/07 Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and Agency. All persons engaged in the Work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of Agency. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. in the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of Agency. 4.4 Independent Contractor. A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. Agency shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. Agency shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against Agency, or bind Agency in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. Agency shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. if for 5247e2.1 6 105 Revised: 3/23/07 any reason any court or governmental agency determines that the Agency has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify Agency for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to Agency, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the Executive Director determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the Agency, the Consultant agrees that the minimurn limits of the insurance policies may be changed accordingly upon receipt of written notice from the Executive Director or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions 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 Agency that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of die 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 tenn 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 tennination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the Executive Director. (3) In the event the policy of insurance is written on an "occurrence" 5247e2.1 7 106 Revised: 3/23/07 basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of'the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the teens 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 Agency and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance politics. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form- C. Commercial General Liability Insurance_ Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars (SI,000,000.00) and two million dollars (52,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad 1'orn 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 (S 1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self insured retentions must be declared to and approved by the Executive Director prior to commencing any work or services tinder this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. Agency reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the Executive Director may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of 510,000. 5.3 Other Insurance Re uirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 524762 1 8 107 Revised: 3/23/07 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects Agency and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Agency and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to Agency and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the Agency or its operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the Executive Director and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of requited endorsements, and submittal of certificates without required endorsements may delay cormnencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the Agency for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the Agency nor does it waive any rights hereunder in this or any other regard. 52476Z.r 9 108 Revised: 3/23107 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the tern of this Agreement have been renewed or replaced with other policies providing at least the sarne coverage. Proof that such coverage has been ordered shall be subruitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to Agency no later than ten (10) days prior-to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage nominally 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 parity 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 otber section or provision conflicts with or impairs the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to Agency of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. Agency assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve Agency, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class Vll, or better, unless such requirements are waived in writing by the Executive Director or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish Agency with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the Agency before work commences. Agency reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions s24762.1 10 109 Revised: 3/23/07 and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs Community Redevelopment Agency or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "floe City of Palm Springs Community Redevelopment Agency, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No._"or 'for any and all work performed with the Agency"may be included in this statement). 2_ "This insurance is primary and non-contrrbutarry aver any insurance or self- insurance the Agency may have..." ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the Agency" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of Agency, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the Conununity Redevelopment Agency of the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the Agency before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the cornincncement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless Agency and its officers, council members, officials, employees, agents and volunteers and all other public agencies whose approval of the Project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders, and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless, or willful performance of or failure to perform any term, 524762.1 ]I 110 Revised: 3/23107 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 Agency, its officers, council members, officials, employees, or agents. Consultant shall reimburse the indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is narned 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 Agency shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except Agency shall not reimburse Consultant for attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than hndemnified Parties against such Claims. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the Agency is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto 524762 1 12 1�. Revised: 3123/07 and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of Agency and shall be promptly delivered to Agency upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the Agency's sole risk and without liability to Consultant, and the Agency shall indemnify the Consultant for all damages resulting therefi-om. Consultant may retain copies of such documents for its own use_ Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to Agency of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify Agency for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during time regular business hours of City, Consultant shall provide Agency, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as Agency deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by Agency hereunder. S. 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 consirued as a whole according to its 5247621 13 112 Revised: 3/23/07 fair language and common meaning to achieve the objectives and purposes of the Parties. The terns of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. Agency may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, Agency shall pay Consultant for Services performed through the date of tennination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the Agency under this Agreement. Upon tennination of the Agreement pursuant to this section, Consultant shall submit to the Agency an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the tight to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the Agency, except that where termination is due to material default by the Agency, the period of notice may be such shorter time as the Consultant may 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 Executive Director, or his designee, determines that Consultant is in default in the performance of any of the terns or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as Agency may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which Agency may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by Agency as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any Agency right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit Agency's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, Agency may, after compliance with the provisions of Section 8.4.13, 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 Maximurn Contract Amount (provided that the Agency shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to the Consultant for the purpose of set-off or partial payment of Ore amounts owed the Agency as previously stated. The withholding or failure to withhold payments to Consultant shall not limit $247621 14 113 Revised: 3/23107 Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term, contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Pal-ties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terns of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party, 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-flabiliq of Alzency Officers and Em lovees, No officer or employee of the Agency shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the Agency or for,any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the Agency shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that is has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement. 5247c 2 i 15 114 Revised: 3123/07 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infrinrtement. A. To the fullest extent permissible under law, and in lieu of any other warranty by Agency or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against Agency on account of any allegation that any item furnished under this Agreement, or the nonnal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify Agency if the suit or claim results from: (1) Agency's alteration of a deliverable, such that Agency's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify Agency under any settlement made without Consultant's consent or in the event Agency fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to Agency, shall obtain for Agency the right to use and sell the item, or shall substitute an equivalent item acceptable to Agency and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or pennitted 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 y 5247621 16 115 5 Revised: 3/23/07 facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder_ Notices or other communications shall be addressed as follows: To Agency: City of Palm Springs Community Redevelopment Agency Attention: Executive Director and Assistant Secretary 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: David Volz Design. 17050 Bushard Street Suite 300 Fountain Valley, CA 92708 Attention: David J. Vo1z, L. A_, Principal Telephone: 714-593-3300 Facsimile: 714-593-3 300 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Benefciarv. 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. 524762.1 17 116 Revised: 3/23/07 10.8. Corporate Authoritv. 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 fotinally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above. "AGENCY" COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, DAVID H. READY, J_ D., Ph_D. Executive Director ATTEST: (SEAL) JAMES THOMPSON, Assistant Secretary APPROVED AS TO FORM: DOUGLAS C. HOLLAND, Agency Counsel "CONSULTANT" DMC Design Group Inc. By: 524762.1 18 117 Revised: 3/23/07 David J. Volz, L. A. , Principal By: Secretary 524762 1 19 118 Revised: 3123/07 EXHIBIT "A" SCOPE OF SERVICES 524762.1 119 Revised: 3/23/07 EXHIBIT 11131, AGENCY'S REQUEST FOR PROPOSALS 5247e2.1 120 i i CITY OF PALM SPRINGS NOTICE INVITING PROPOSALS for PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICES (RFP 03-08) NOTICE IS HEREBY GIVEN that Request for Proposals (RFP) 03-08, for providing Professional Landscape Architectural Design Services for the downtown alleyway behind the multi-level parking structure, will be received at the office of the Procurement Manager, 3200 East Tahquitz Canyon Way, Palm Springs, California, until2:00 P.M. Local Time, THURSDAY,OCTOBER 18, 2007. DESCRIPTION OF WORK: The goal of the proposed project is to enhance the visual appeal of the area and create a welcoming entryway from the parking structure to the downtown corridor through the construction/installation of decorative walkways, irrigation, landscaping, lighting and signage. The work is comprised of three primary tasks: (1) prepare design concepts, (2) final design (plans, specifications and estimate) and (3) construction administration (to be added to Consultant's contract at the City's option)_ The scope of work shall provide the City with construction documents for a newly landscaped and beautified alleyway_ It will be the consultant's responsibility to prepare preliminary(conceptual) and final (construction) plans that will enable the project to be constructed within the allowable funding. Final design (PS&E) must be completed by February 15, 2008 to allow the City to initiate the bidding process for construction, The design services as required in this RFP will be paid from local, not federal, funds and therefore prevailing wage and DBE requirements do not apply. OBTAINING RFP DOCUMENTS AND REGISTRATION AS A PROPOSER: The RFP documents may be downloaded via the Internet at www.palmsprinas-ca.g-ov (go to Departments, Procurement, Open Bids & Proposals). If you are interested in submitting a proposal, it is IMPERATIVE that you contact Cheryl Marlin, Procurement Administrative Coordinator, via email at Cheryl.Martin(cDpalmsprings-re oov or by phone at (760) 323-8237 to officially register as a Proposer for this specific project with your company name, address, phone, fax, contact person and email address. Failure to officially register may result in not receiving addenda to the RFP. Note: You may also register your firm in the City's on-line general vendor database system while on the website, but you MUST still contact Cheryl Martin as instructed above to register as a proposer for this specific RFP 03- 08. EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposal (RFP)format. Accordingly, Proposers should take note that multiple factors will be considered by the City in awarding the Contract. PRICE ALONE WILL NOT BE THE SOLE DETERMINING FACTOR. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee the pricing offered for a period of 90 calendar days from the due date of proposals_ The receiving time in the Procurement Office will be the gover '1mg time for a c ptabili of Proposals, Telegraphic and telephonic Proposals will not be accepted. Craig L. GI d , C.P.M. Procurement and Contracting Manager September 26, 2007 i Of PAkAd S v c REQUEST FOR PROPOSAL(RFP 03-08) FOR PROFESSIONAL LANDSCAPE ARCHITECTURE DESIGN SERVICES ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. CLARIFICATION OF INSTRUCTIONS TO PROPOSERS: The City has received the following questions and is hereby providing answers thereto. RESPONSES TO QUESTIONS RECEIVED TO DATE: Q 1: The submittal should be a maximum of 30 single=sided pages. Does this include.the cost proposal which will be in a separate envelope? Al: No 02. Four(4)original proposals are required. I'm assuming you want four copies of the"Work Proposal' In Envelope#1 and four copies of the"Cost Proposal"in Envelope#2, is this correct? A2: No,provide 4 copies of the work proposal In one envelope and only 1 copy of the cost proposal is required in a separate envelope. Q 3: What is the City's budget for this project? A 3: The City does not have a budgeted amount for this project and Is seeking the services of professional landscape architects via this RPP process to provide cost proposals. 122 i i IQ 4: Does the City entertain changes to its Professional Services Agreement? A* Changes to the City's boilerplate agreement are unlikely. Any firm submitting a proposal that has exceptions or desires changes to the standard agreement language mustinclude them with theirproposal. Q 5: I've read through the rfp, but couldn't find the project budget Has the budget been determined, and if so, how much is it? A 5: See Answer 3 above, BY OR �F2 OF THE ITY OF PALM SPRINGS, CALIFORNIA I Craig L. Glad rs .P.M. Procurement&Contracting Manager DATE: October 04, 2007 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your proposal. Failure to acknowledge this Addendum may result in your proposal being deemed non-responsive. 123 i I F PACR, s CITY OF PALM SPRINGS p i REQUEST FOR PROPOSALS 903-08 / PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICES C47lfofk\4,� (DOWNTOWN ALLEYWAY BEHIND MULTI-LEVEL PARKING STRUCTURE) I. BACKGROUND AND GENERAL DESCRIPTION The City of Palm Springs is constantly looking for ways to enhance and continue the cleanliness and appeal of the Downtown area. An area of major concern is the alleyway in downtown Palm Springs southwest of the Fisherman's Market Restaurant at the back of the multi level parking structure at Indian Canyon Drive and Baristo Road (see Figure 1). The alleyway functions as the back service entry for several restaurants in the immediate vicinity including Pomme Frite, The Chop House, Thai House and The Village Pub_ There is a walled trash enclosure and underground grease trap also within the project area. The appearance of the area surrounding the downtown parking structure and trash enclosure needs to be enhanced. This area includes the alleyway between Pomme Frite and the Chop House Restaurant, the parking area at the back of the Pomme Frite and Thai House Restaurants, and the back of the multi level parking structure (refer to Figure 1). At present there is no clear entryway from the parking structure to the Palm Canyon Drive downtown corridor. The area is essentially a back alleyway with multiple property owners and no clear and welcoming path to the downtown corridor. A plan is needed to enhance this overall area and to design a walkway/entryway from the parking structure to the downtown corridor_ City staff has prepared conceptual plans of the trash enclosure redesign, and has solicited a separate Request for Proposals (RFP) for design engineering services to complete the redesign of the trash enclosure, under separate contract from this RFP. Also, within the scope of services of that RFP is an engineering survey of the back alleyway to delineate all property boundaries and prepare a base plan for design of future improvements of the project area. The City requires the services of a Professional Landscape Architect to carry out the detailed design of the alleyway enhancements including a decorative walkway/entryway from the downtown parking structure to the downtown corridor, replacement of bushes/vegetation with new decorative lighting, planters, and signage. Staff has prepared conceptual sketches (see Figure 2) of the proposed area enhancements to provide the Consultant with a "sense' of what the City if envisioning in terms of scope and magnitude of project. This concept sketch is for information only and Consultants will be required to provide their own unique preliminary design concept under this scope of work. II. PURPOSE The goal of the proposed project is to enhance the visual appeal of the area and create a welcoming entryway from the parking structure to the downtown corridor through the construction/installation of decorative walkways, irrigation, landscaping, lighting and signage, 574762.1 t Page 1 01,1 r�1" '•(J�� ""�b`'r YJ'`.I i _I,r p,L1 i �W-�fjy _',','.'I M1"�.. r i .�-Y''Y''�'... ,f i C. l •"rig.. s. ::`) .., � '"�d �"^4" " .,. ;y Wit,�`�.,'."i".�. -'r�nw� •�,"am,.,lJJ nr r. , ^.:"Y� I" i :�I+, " .� ae,~ '•��,ram:. �',. '� � �—�—+--��R':wr.`+ri�_�F:r . f tla.' 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"d�l'E'..P.ie'._,L... 11. /dROpGv {✓� �y/fGE 7 /SGr`j U`P/'3PIV65 - IF lid .. ?-/ry ✓f'wr ✓ �.� J� -� _ ,i k+'H.crre I n."-s: w- •qr-• ..;15. .1 . ,�Vi �+rn„-��..h � � Ir � I i f .,•'lr:;��L�5,;6;�1 _ iC�'�„G�` e1 •I$.b r ORAFT '[_ -., ,&.:•q. �`.`'�^�`�'3.7;r `1.'r,'r,H��A,'i u i":+:'yi;, I � ..ica/ .[^•k�^�h4' �d%taFL^ram I _ _ � la,n r:4 r-rs+ �%7-'+"Q yr_-x:w+ �r.-�r.,� .z�r.•:�f, -� �I . 71 loll!ib .SF� AX172"I �Xl� i�/LNG pa�m sP �RAFT•T CONCEPT PLAN w y ENTRY STUDY AT GARAGE26 III. SCHEDULE Request for Proposals posted and Notices mailed .----------_ ...Wednesday, September 26, 2007 Deadline for receipt of questions........................................5:00 PM, Thursday, October 11, 2007 Deadline for receipt of proposals................................ 2:00 PM, Thursday, October 18, 2007 Consultant short list..........................................................................Thursday, October 25, 2007 Interviews (if desired by City).............................................to be scheduled for late October 20D7 Contract award by City Council....................... ......................"tentatively November 7, 2007 i IV. PROJECT COORDINATION, MEETING AND PRESENTATIONS This project will require the design consultant to attend various City meetings to discuss and finalize concept drawings which have been prepared by City staff. The consultant shall be expected to incorporate comments and revisions, and present final concepts and drawings. The following project coordination shall be expected: 1. Coordinate with City staff, and local restaurants/properly owners as required to determine project parameters and constraints, structure installation, operation and maintenance issues: collect data and record information. 2. Prepare and present proposed landscape architectural concept plans to City staff, the "Project Team", and the City Council, as may be required, using appropriate visual aids, including drawings and illustrations, slides and handouts; revise as required- i 3. Perform project management and project schedule maintenance to ensure that the project timeline is adhered to and deadlines are met. I 4. Perform all utility coordination and obtain all clearances as required. V. SCOPE OF WORK The overall project is comprised of three primary tasks to be carried out for the project. These tasks are: ❑ Prepare Design Concepts ❑ Final Design (Plans, Specifications and Estimate) ❑ Construction Administration —(to be added to Consultant's contract at City's option) The scope of work shall provide the City with the following: Coordinate with the engineering design consultant to obtain the site Plan and Survey Map showing the study area, delineating property boundaries and establishing required easements for public walkway/entryway access (under separate contract for Trash Enclosure redesign); s2g76M 2 i • Prepare color illustrations and renderings to be presented to City staff, AAC and City Council of the proposed walkway/entryway to Palm Canyon Drive incorporating the preliminary design elements, as shown on the attached Concept Plans: i o Delineation of desired walkways using decorative concrete, stamped concrete or paint effects; o Archway entry sign at the alley between the Chop House and Pomme Frite Restaurants to compliment finishes and details found in the parking structure; o Other enhancements including banner type signs, bollards and planter boxes to beautify the area.- Construction plans and specifications of the walkway/entryway and site enhancements. i The Consultant will be responsible for performing project estimating to guide the preparation of final plans that will enable the project to be constructed within the project budget. In the event construction bids exceed project funding, preventing award of contract by the City, it will be the Consultant's responsibility to revise final plans and specifications, or create new plans, such that the City can solicit new bids that do not exceed project funding. An overall Scope of Work is described below: Preliminary Design Concept Phase ❑ Collect record information and inventory existing site (utility locations, services (if any),); record information will be made available as necessary, field review and inspection of existing facilities will be required. ❑ Prepare (finalize existing) preliminary design concept plans: • Emphasize aesthetics • Incorporate a unique "Palm Springs" design • Prepare appropriate full-color visual aids, including cross-sections, maps, illustrations, renderings and other media necessary to adequately present the proposed concept plan ❑ Present concept plans: • Present concept plans to City staff and "Project Team'; revise as necessary • Present concept plans to Planning Commission, and City Council; revise as necessary • Obtain formal approval of concept plans through the City's Major Architectural Approval Process, up to and including formal approval by the City Council Final Design (Plans, Specifications and Estimate) Phase ❑ Professional design services necessary to prepare plans, specifications and estimate (PS&E)for., • Irrigation • Landscaping Lighting • Grading • Structure installations such as signs, bollards and planters k4752.i 3 i • Plans shall be provided to the City in an AutoCAD 2004 format for use upon completion of the project; specifications shall be prepared using City"boiler plate" specifications in Microsoft Word 2003 format • Construction Estimate — the Consultant shall be required to prepare final plans that reflect constructability within the project funding available • Revise plans to accommodate receipt of construction bids in excess of available funding • Bidding Assistance — review and respond to Requests for Information (BFI's) received during bidding • As-Built Drawings -- prepare as-built drawings based on red-lined plans of field conditions provided by the Citys construction Contractor VI. DELIVERABLES As a minimum, the consultant shall be expected to deliver the following items, ❑ Project coordination, attendance at required meetings, and presentations of preliminary and final project drawings ❑ Complete and professional concept drawings and renderings of proposed I walkway/entryway enhancements, as required and necessary to obtain approvals of City staff, the "Project Team", the Architectural Advisory Committee, Planning Commission, and City Council ❑ Plans, specifications, and estimates —preliminary plans shall be submitted to the City for review and comment, on standard 24" by 36' city title block sheets for review and comment; final plans shall be submitted on reproducible mylar sheets and in AutoCAD 2004 version drawing files on computer disc; project specifications shall be submitted to the City for review and comment in a format and style to be provided by the City in Microsoft Word 2003;final specifications shall be submitted to the City on computer disc and in reproducible form, including appendices; a preliminary cost estimate shall be submitted to the City for review and comment with preliminary plans, and shall include estimates for each item of work indicated in the project specifications; a final cost estimate shall be submitted concurrently with final plans and specifications. VII. PROPOSAL REQUIREMENTS The Consultant's proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. This Request for Proposal can not identify each specific, individual task required to successfully and completely implement this project The City of Palm Springs relies on the professionalism and competence of the Proposer to be knowledgeable of the general areas identified in the scope of work and to be of adequate competence to include in its proposal all required tasks and subtasks, personnel commitments, man hours, direct and indirect costs, etc- The City of Palm Springs will not approve addenda to the Consultant's agreement which do not involve a substantial change from the general scope of work identified in this Request for Proposals. 524762,1 4 I 1 The following criteria shall be observed: ❑ The submittal shall not exceed 30 pages, single sided (8%" by 11") including an organization chart, staff resumes and appendices, and cover letter. ❑ Four(4)original proposals are required. Facsimile (fax) proposals will not be accepted. ❑ Proposal shall include the name of the Consultant submitting the proposal, mailing address, telephone number, and the name of the individual to contact for further information. 4 Prospective Consultant shall designate by name the project manager to be employed. Substitution of the project manager by the selected consultant will not be allowed without Prior approval by the City of Palm Springs. ❑ Prospective Consultant shall specify personnel, with resumes, to be assigned to the project. if sub-consultants are to be used, identify the responsibility of each (include resumes) ❑ All proposals must be received in the City of Palm Springs, Division of Procurement and Contracting by 2:00 P.M., LOCAL TIME, THURSDAY, OCTOBER 18, 2007. It is the responsibility of the Proposer to see that any Proposal sent through the mail shall have sufficient time to be received by the Procurement Office prior to due date and time_ Late proposals will be retumcd to the Proposer unopened. The receiving time in the Procurement Office will be the governing time for acceptability of proposals. Telegraphic and telephonic proposals will not be accepted. Proposals must be submitted to: City of Palm Springs Division of Procurement and Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig Gladders, Procurement& Contracting Manager ❑ Specific questions in regards to this Request for Proposals shall be directed IN WRITING ONLY via either fax or email to: Craig Gladders, Procurement& Contracting Manager FAX(760) 323-8238 Craig.Gladders@palm springs-ca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of Addenda that will be either mailed, faxed, or emailed to all officially registered proposers for this specific RFP_ It is IMPERATIVE that you officially register as a Proposer to this specific RFP in order to receive any Addenda that are issued by following the instructions in the "Notice Inviting Proposals" by contacting Cheryl Martin, Procurement Administrative Coordinator, via EMAIL at Cheryl.Martin@palmsprings-ca.ggv and provide your company name, address, phone, fax, contact name and email address_ FAILURE TO REGISTER MAY RESULT IN NOT RECEIVING ADDENDA TO THE RFP. FAILURE TO ACKNOWLEDGE ADDENDA MAY DEEM YOUR PROPOSAL AS NON-RESPONSIVE. F�a7G2.1 5 The deadline for all questions is 5:00 PM local time, Thursday, October 11, 2007 (1 week before the proposals are due). Questions received after this deadline may not be answered_ Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will ibe without legal or contractual effect. i ❑ Each proposal must include two sealed envelopes. Envelope#1, clearly marked "Work Proposal", shall include the following items: • Technical proposal — describe in detail your approach and understanding of all necessary tasks and steps involved in the project. Identify Preliminary Design Concept Phase, Final Design (Plans, Specifications and Estimate) Phase, and Construction Administration Phase tasks; include a list of deliverables • Signature authorization (see Attachment A) • Related Experience; include relevant experience date, name of agency, and reference name/contact information • Project schedule, showing various anticipated tasks and steps from preliminary j phase, through design, and construction phases. Envelope#2, clearly marked "Cost Proposal", shall include the following item_ • Cost proposal — The City will use a "Cost per Unit of Work" method to pay for professional services relating to the Work Proposal. Proposers should include a detailed cost estimate identifying all direct, indirect, and overhead costs associated with each task required for the Preliminary Design Concept Phase and Final Design (Plans, Specifications and Estimate) Phase only. The City will negotiate the Construction administration phase costs with the selected consultant upon completion of the design phase. Describe how your firm will control costs and minimize costs for design and construction. Important Note: The successful Proposer will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement --Attachment "B" hereto. Please note that Exhibits A, B, C, D and E are intentionally not complete in the attached document. These exhibits will be negotiated with the selected firm, and will appear in the final Agreement executed between the parties. VIII. RESPONSIBILITY OF PROPOSER All project proposers shall be responsible_ It it is found that a proposer is found irresponsible (e_g. has not paid taxes, is not a legal entity, submitted a proposal without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. IX. CONSULTANT SELECTION ❑ Each proposal will be reviewed by an evaluation committee to determine if it meets the proposal requirements. Failure to meet the requirements for the Request for Proposals may be cause for rejection of the proposal_ 52a762.1 G i I f ❑ The evaluation committee may ask for formal oral presentations by the selected consultants. ❑ A final selection of the consultant will be determined following review of all work proposals and/or formal oral presentations. The evaluation committee will make a recommendation of the selected consultant for a contract to be awarded by the City Council. ❑ The selected consultant will work closely with City staff throughout the duration of the project_ A consulting firm will be selected for final negotiation of a contract based upon the following factors: • Project Understanding: Degree of understanding of the project and familiarity with the area—(25%). • Scope of Work: Proposed approach to the project including the expected time commitment of key .personnel, technical approach to the project, and the emphasis placed on project phases—(25%). ' Project Managers/Staff Qualifications: Qualifications of the staff assigned to manage and provide services related to the project; experience with similar projects;—(25%). • Firm Qualifications/Consultant References: Past experience in projects related to the outlined Scope of Work; experience with similar projects; -(15°/%). • Project Schedule_ Thoroughness and reasonableness of the project schedule; ability to maintain the project within the selected time frame; demonstration of ability to provide final design by February 15, 2008—(10%). Project Cost' The project cost will be considered after selection of the best proposals; no weight shall be given to the cost in the selection of the consultant. A contract shall be negotiated with the selected consultant on the basis of the submitted cost proposal, and in consideration of reasonable and mutually agreed project costs and time requirements_ U Award of Contract: It is the City's intent to award a single contract to the firm that can best meet the requirements of the Request for Proposal document. The City reserves the right to award a contract to multiple firms or to a single firm, or to make no award, whichever is in the best interest of the City_ It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made their final selection of the consultant to be recommend for award. The decision of the City Council will be final. 524762,1 7 i I ATTACHMENT "A" RFP #03-08 PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICES (DOWNTOWN ALLEYWAY BEHIND MULTI-LEVEL PARKWG STRUCTURE) SIGNATURE AUTHORIZATION PROPOSER: A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. SIGNATURE 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: i _An individual; —A partnership, Partners' names: _A company; A corporation Z My tax identification number is: 524767 1 $ i i i ATTACHMENT "B" SAMPLE PROFESSIONAL SERVICES AGREEMENT (IDENTIFY BY PROJECT NAME AND/OR CONSULTANT NAME) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this day of 200� by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and [INSERT FULL NAME OF CONSULTANT, FIRM, OR COMPANY], a [INSERT TYPE OF ENTITY, E.G., A CALIFORNIA CORPORATION, A LIMITED LIABILITY COMPANY, ETC.], (hereinafter referred to as "Consultant'). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the"Parties." i RECITALS i A. City has detennined that there is a need for [INSERT BRIEF DESCRIPTION OF PROFESSIONAL SERVICES REQUIRED] services for [INSERT BRIEF DESCRIPTION OF PROJECT FOR WHICH PROFESSIONAL SERVICES ARE RELATED] project (the "Project"). B. Consultant has submitted to City a proposal to provide [INSERT TYPE OF PROFESSIONAL SERVICES] to City for the Project pursuant to the terms of this Agreement- 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 acluiowledged, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perfenn the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by 524762,1 9 i reference (hereinafter referred to as the "Services" or"Work")- As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in i performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2)the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City (`Consultant's Proposal"), which shall all be referred to collectively hereinafter as the "Contract Documents-" The City's Request for Proposals and the Consultant's Proposal, which are both attached hereto as Exhibits `B" and "C," respectively, are hereby incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals, and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority (1') the provisions of the Scope of Services (Exhibit "A"); (2°d)the provisions of the City's Request for Proposal (Exhibit `B"); (P) the terms of this Agreement; and, (41b) 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 aze 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 wan-ants 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 524762.1 - 10 i Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately infonn 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 famish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property,until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence- 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating 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 j such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or(ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or$25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any work or service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein- 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by reference, but not exceeding the maximum contract amount of[INSERT NOT TO EXCEED CONTRACT AMOUNT] Dollars, ($�� (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City- 524762.1 11 i Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant hereby acknowledges that it accepts the risk that the services i identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified herein. If the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, consultant shall nevertheless complete the Work without liability on the City's part for further payment beyond the Maximum Contract Amount. 2.2. Method of Payment- Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice,as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such an7endinent, 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 PERFORNL4NCE 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 Seliedide 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 pedod(s) established in the Schedule of Performance, which is attached hereto as Exhibit "E"and is incorporated herein by reference. When requested by Consultant, extensions 524762.1 12 �_ 1:3 7 i l to the time period(s) specified in the Schedule of Performance may be approved in writing by the i Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively, however, the City shall not be obligated to grant such an extension. i 3.3 force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuatxt to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section_ 3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services but not exceeding one (1) year from the date hereof; except as otherwise provided in the Schedule of Performance (Exhibit "E") and pursuant to Section 3.2 above,unless extended by mutual written agreement of the Parties. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: [INSERT NAME], rINSERT TITLE]. It is expressly understood that the experience, knowledge, education, capability, expertise, slid 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 tlds 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. 5247621 13 I I i 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of iConsultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of Iaw, whether for the benefit of creditors or otherwise, without the prior written consent of City_ Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankmptcy 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. j 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. 524762.1 14 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 i 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 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 Rill 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 5M762.1 15 i fI 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 cattier 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 hnsurance- 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 regu rements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form- C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars (S2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, indcpendeot 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 tenor 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 524762.1 16 i history as well as evidence of Consultant's ability to pay claims for all deductible amounts and iself-insured retentions proposed in excess of$10,000. 5.3 Other Ttrsurance .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 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_substazttialJy_zmllairs f)ae cove�Cages set forth„lee' (e.g., elimination of contractual liability or reduction of discovery period), u_ L t c eid_qtsement ha., fi_rc_t_brc_n_£uhmitt_Qdlo the QM-LMartager a annroved in writing 53.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure tinily 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 inrinitor 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. 52 762.1 17 i 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part i 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. 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 hold 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 ii++, Class'V11, 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 524762.1 t8 i coverages required by this Agreement. The certificates and endorsements are to be signed by a { person authorized by that insurer to bind coverage on its behalf All proof of insurance is to be received and approved by the City before work commences_ City reserves the right to require Consultants 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: I. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured._. " ("as respects City of Palm Springs Contract No. " or 'for any and all workperformed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. or '!for any and all workperformed with the City"may be included in this statement). 3. "Should any of the above described policies be canceled before the expiralion 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 I no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized 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. INDEMNIEXCATIGN 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 0 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 $24762.1 9 i I 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 rewnnablQ-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 Indeuumified 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 farts 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 Abzeenent until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed,until such action is final. This provision is intended for the benefit of third party Indcmnifaed Parties not otherwise a party to this Agreement. 7. REPORTS AND RECORDS 7.1 Aecourttine Records. Consultant shall keep complete, accurate, and detailed accounts of all $me, 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 574762.1 Zo �4-5 i I Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by 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 m4 estricted 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. I 7.4 Release of Documents. All drawings, specifications; reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identity 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- ENFORCEMENT OF AGREEMENT 8.1 California Law and C%en.ue. 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. s2476z.1 21 13— i S.2 Interpretation, This_Agreem_ent.shall he ennsTrued as wJ�oJ_e aGrwlin to fAiz]anp aT e.aad comma' nn n =ng t_ac_zpvG the ohicesiyes_and pumaafes o the PariteS�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. 13. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.13, 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 524762.1 22 i purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to widihold payments to Consultant shall not limit Consultant's liability for completion of the Set-vices 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 Patty against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contacted 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 i 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. hr the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of 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 Agrm-nent nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation,partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that is has not paid or given su�a.t 23 i 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. 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) time 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 5247G21 24 it 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 fonus 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 Cit : City of Palm springs Attention: City Manager& City Clerk 3200 E. Tabquitz Canyon Way Palm springs, Califotxua 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Attention i Telephone: Facsimile: I 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 tltis Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable Iaw, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either 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 Seneftciary. Exact k as may be exncty pFgviciPd for herein nothin cet]Sa e_n tbjagteere�]tis_i_te cd to r�nfEx ntA r shall this AarcPmenl be con_slxd as conferring_ay�riehts.�includine;_withont limit�ixon, anitis_as a tJaird-yarty beneficiary or otrbeise, l}pg�aray�tZtvorn@rso n'.�otan__ ereto_ j9,7_�Lecitals. The above-referent d_.Recitals ate hereby inooiT ted into the Frzem_ers t}�r ugh fu�Jy set. hereand eacltParty acitledges at�d aPteea that sue]] "' P�Lt s bQllud o- hie �eement�bv the�ar�e. 524762.1 25 I 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 i 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 Parry for which he or she is signing is bound. IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above. "CITY"' CITY OF PALM SPRINGS, a California charter law city and municipal corporation DAVID H. READY City Manager ATTEST: (SEAT,) DAMES THOMPSON, City Clerk APPROVED AS TO FORM: DOUGLAS C. HOLLAND, City Attorney "CONSULTANT" [insert name of firm/company] By: s;a�sz. 26 --- . ------------. - r— i [insert name/title],President By: [insert name/title], Secretary I I I I i i EXHIBIT"A" SCOPE OF SERVICES l i i 524767 1 29 i iEXHIBIT"B„ CrrY'S REQUEST FOR PROPOSALS i 524762.1 29 i EXHIBIT "C" I CONSULTANT'S PROPOSAL i I I I i I 324762.1 30 i EXHIBIT"D„ i SCHEDULE OF COMPENSATION I i EXHIBIT"E" SCHEDULE OF PERFORMANCE 524762 1 32 Revised: 3/23/07 EXHIBIT "C" CONSULTANT'S PROPOSAL. 524762.1 158 . �.i; :r� "'���� � , A�111�9 vary. I'n' •11'1: tl. � '_�'iY.1.r"� � _ mT� a -'d r 9i Mw ' c ^_—_-- 1�.�,�--__— �%%1111� �.yI�I I'11� ..� {{ �. f•'"+.N'ES:r � n V•' Vila s' ~"TK",T: l'+N4.r.'.."�.'(.Cy M1 �uui rp,l�� ��j � �• r7DaaaoriaL� F�°au0c JDc�:aou�na LanJ,(..ye Arohiwci-and Par L Plannrr, Cwq)ora Le Olfu.r Southern C•alilornia (7f)M Bu1h,rrl tin-,r+ October 18, 2007 Simi tou Fountain Valley, CA 92708 (714) 593-3300 Mr. Craig Gladders (714) so3-333n F,� Procurement& Contracting Manager 3200 E. Tahquitz Canyon Way Coachella valley office 7snr,n r all( i •nd Palm Springs, CA 92262 (zoo) sxo-5I Re: Professional Landscape Architecture Design Services for p,n sr,•(_n3 , r,,, the Downtown Alleyway (RFP) 03-08 Dear Mr. GI adders: At DVD, ive believe that creating beautiful public spac•ev should foster a strong venve ofrride if; the cmitira:unitp•, both in the deli;•ai pa oc c ry (tier/ira idre anti`r•eurlP. S'hc ctaro aitao3 as crllep n r{p prtrject riot otill• aJfer•s outstaarrlhzg dc,,J rs +rpporirrnities, but it o#era au arena for•the pifblic, the C'irl' and wir team ofdesign ecxperis to pool their idea.+ and create a spaace that rneets the unique needs oJthe Piflnt Springs duraratoavti c•onnuuai.i% Our firm is eager to work with the staff and business owners of Palm Springs and we are confi- dent that our team of professionals have what it takes -- expertise, vision, enthusiasm, and ex- ceptional service --to plan, design, and sec this downtown alleyway project through to a suc- cessful completion. I will be managing this team and act as your point of contact throughout the entire project. Plan- ning and designing outdoor spaces has been my forte' for nearly 20 years, and along with this expertise is my ability to communicate with the public, listen to their needs and wants, and bring their expectations into a well designed park plan that will satisfy your City's diverse needs. Greg Meek will serve as the project's manager and direct the in-house design team efforts. His knowledge of the public space design will help to keep us focused on the community's ideals and objectives. We will be assisted by an exceptional team of designers, CARD technicians, and support staff. The following proposal demonstrates our design ability and provides our understanding of the project. Thank you for inviting me to provide you with this proposal. I am looking forward to working with you and your staff on this beautification project. Very truly yours, I *dscapeArchitect#2375 GNIG� :i avim _i 160 1 TABLE OF CONTENTS ♦ FIRM INFORMATION 0 QUALIFICATIONS EXPERIENCE *PROJECT TEAM '' RESU'M ES 0 PROJECT UNDERSTANDING APPROACH I *SCOPE OF WORK *PROJECT DELIVERY j *REFERENCES ^I ♦ PROJECT SCHEDULE r' ? '. i -� I FEE PROPOSAL (UNDERSEPARATECOVER) 'ArrmC iMENTA ;� 161 RRM INFORMATION CD42'uW V DftA EDm°data® (111DIVED) is committed to the creative de- sign of outstanding public spaces. We develop landscapes, parks, sports fields and streetscapes to meet the specific needs of their com- munities. DVD designs special environments for those who seek rec- reation in a beautiful setting: for those who pursue recreation and competitive athletic endeavors on the playing field; and wonderful natural environments for those who are simply looking for respite. Our firm capitalizes on what the site and nature has to offer. For all of our commissions, we work to enhance the site's use, working i g within environmentally sound parameters while taking full advantage of the site and its surroundings to best service the community's needs. rti•i w.n .-. - g tY Ever mindful of our role a t kr �.a„dr s stewards of the land, DVD's design phi- losophy includes careful consideration for realistic maintenance y(W;+1iRt'.T iss c FPEvI++rl., ;•I requirements and construction cost parameters. We understand the commitment we have to the public to deliver quality projects that offer a high return for the public funds invested, projects that can Uc,vl sin' l be maintained and deliver a lifetime of service to the communities DGVID VOLZ Gu 5''.;t they are built for. 17050 BU,HARD 7EET Our philosophy also embraces any opportunity to interact with the SUITF 301) public to create environments that meet their needs- This outreach FOUNTAIN 04'gLLL f DL 03 has often been the catalyst for many of our most successful projects- (714) 593-3300 v' 1GE This outreach allows us to seek inspiration that often leads to creative n (7,14) 593-3330 FAX and innovative solutions. i 1 dV017(7I�)�OIZDL'SIbR.CUlll Parks and greenspaces designed by our firm have received awards and accolades from community groups, civic organizations, the i FOUNDED IN JANUARY 1997 American Public Works Association, the California Parks and LANDSCAPE ARCHITECTS AND Recreation Society and the National Recreation and Park's Society, PARK PLANNERS In fact, this last year three of our park projects won the Award of Excellence from CPRS --the highest award given in their categories. SEVEN LANDSCAPE ARCHITECTS: DAVID Voi.z, LA#2375 GARY VASQUEz, LA#3883 , GREG MEEK, LA#2484 f' ELAINE DOVE, LA#4828 JoDI Rios, LA#4744 BoB GARCIA, LA#3934 GENE YAMASAKI, LA#1250 I � • 2 . I � crience .Ity o{Glendale, Cerritos School Park This park features a Art Deco style of architecture with it's monolithic columns and paving patterns. The most predominant r ~ ter' feature of the park is a large City Entry Monument that serves as a welcoming gateway to the City of Glendale. Constructed from precast concrete it incorporates a 18' wide stet burst from irides- cent glass tile and themed night lighting. The picnic area is sheltered fzom the sun with large fabric shade structures torque around the play area and are beautifully illumi- ,' hated at night. I he cosmic themed play area features a pocket ship. in keeping with the theme the play area underneath the rocket ship is poured " in place rubberized surfacing incorporating a custom star, a moon, and a rocket blast-off pattern. Near by is the rock cobble wall ac- cented with a bowed swoop of cosmic iridescent glass tile. Cerritos Park also features a Water playground with an interactive � p Yg piano game and other various spray equipment. The water play area is surrounded by seat walls tiled with glass the and tra- vertine stone. �i. Other park amenities include a prefabricated restroom building, a tile stage, and an open turf area. Early in the planning phase of the project the city saw value in the existing light fixtures and decided to have them refiirbished and relamped. Additionally three large trees, including two oaks, were relocated to the park as a part of a road widening project across the city. �' .;� - „, I dpi�°'' J °^� ia?rks'i�, .tl� �ek.,,�;i:•, 1' - 1111 III a - J 163 I IISLC>IC Downtown Ronny{ bout ar cd Art Pi .. ... Uy oFLa Quinta Cherished kinetic sculptures titled "Air-in-Motion"' finds a new home as the main attraction in a 30'diamcter traffic roundabout or as we in the industry refer to as a"traffic-calming-circle". Located ' in the La Quinta's Historic Downtown the art piece showcases the City's commitment to pro- vide and encourage art in "public spaces- Working with key City personnel, DVD developed a simple ^ design that respects the de- . sert climate, compliments the 12' tall sculpture and - requires little resources to maintain. DVD's solution was to keep it simple by minimizing the planting area and incorporating three u separate terraced rings of i, rock and cobble. Fach ring r �" S p , displays s a different type, 1 Y Y _color and size of rock mate- rial and would slightly in- y; crease in height as the rings C. , move closer to the sculpture. The limited use of succulents pro- Ao 1.M1" . ee, .,,.,' vides a nice contrast to the rocks and functions as a soft/green vis- "` ual transition between the sculpture and the rocks. The combina- tions of organic and inorganic colors and textures made this project both successful and attractive. . i 'b ✓u ie 164 L_�yund Hills Cvmrnuwty ( eoter, City c)CLriguna Hills Laguna Hills is a new city with a ,grand vision of what a community should be. Parks are an important element in the quality of life the �y Y t city's residents demand. The community cemer park is to be the focus of cultural and , recreational activities for all of Laguna Hills. r'"• Originally envisioned as a sports park, the master plan evolved through numerous public and council reviews into more of a grand central park. A park with wide walkways, verdant groves of ginkgo trees, and large picnic areas. And yes, there are sports fields and other activity areas as well as many unique features not found anywhere else WttaMlna , "w` in the Saddleback Valley. David Volz Design was instrumental in bringing the park from a typical sports complex to what will be a much more interesting place -- a center I for diverse recreational activity. Working with vocally concerned �rr+ruq'reu.n iw�+u.;urva'r I. -r.n:;✓rs,., r w•. " � ,,, citizens and council proved to be challenging, yet at the same time, 1wlu11af: created an energized forum for new and innovative ideas allowing the 0;,1 ""' park to respond to the diverse interest of this new city. One of the exciting atneniLics of the park includes die themed play area. .. Here, the children can use their imagination and pretend they have embarked on an exciting "Indiana Jones" adventure as the life-sized jeep takes them to far off imaginary places- A fossilized whale skeleton, just one of the park's archeological experiences, provides climbing fun on top of the whale as well as the skeleton's dark cavity. The park's skate park and hockey rink had its' grand opening last year while the remaining 1 community center/park amenities are slated for grand opening in 2001. The construction budget for the park is estimated at$4.0 million. 5 E' i i yr. '-�.�, •J 1 Lc. 165 George WaslurPylun Park, City oCAndhcim The George Washington Park site is located i�r the historic Anaheim Colony neighborhood, a area also known for it's early California bungalow and craftsman style homes.Working with the city staff, and pulling ideas om a ' the surrounding area, the DVD design team was commissioned to provide the design of co nstruction documents specifications, cations and P � � P estimates. We also worked with the city to define appropriate +� construction materials, methods and other complimentary park structures, as well as coordinating our design efforts for all proprietary specified items. Special attention was paid to the use of j: specific plant types that were popular during the 1850's to early ar 1900's. Many of these popular trees, shrubs and groundcover were incorporated in the park's plantin scheme. One of the bi esi n nn b bb design challenges the DVD design team faced was designing all park improvements around 40 existing large specimen trees. The DVD design team evaluated the existing irrigation system and determined that much of the existing system, with some minor APvvA' adjustments could remain. This effort realized a cost savings PROAM OF estimated to be $18,000-00 to $24,000.00. " THE YEAR The unique features in the 1.8-acre park include: stone walls and columns of various heights, constructed with local river cobble; a two-tiered, all steel band shelter with custom iron railings, accents, copper cupola and finally; a linear rose garden accented by custom iron archways and iron rose house structure; and decorative iron Fencing. Other period-type features included the use of rock and concrete edging and a unique sidewalk score pattern. o J� 166 F 'loneer Pirla, Uty of I usinn Pioneer Road Park is a new Neighborhood Park in the City of Tustin. The park site of- "`" - '2 fern a passive recreational experience enhanced with la and architectural elements with a"Pioneer"theme.. play . r_. ;}_=,: Approximately 1/3 of the park is "turf'open space that encour- N J. e s•' ages passive or"non-arganized"type activities. The grass area meanders around a higher use activity zone that consists of thematic play elements, 6�"�, cz--=•rr- �}�.,�_I,i�cti.iC<_;,;,-' including two separate children �k�'"• tl; play areas, swings and a water feature. Also, in proximity to the w = activity cone is a half-court bas- a:<•;. ketball and volleyball court. The activity zone is centrally located allowing the opportunity to estab- g - _ ^ wy lisp an effective landscape buffer between the Pb ark's higher use I ) areas and the residential develop- ment to the south,while maintain- --- ing a short walking distance to the . _ vl restroom and parking lot. The park is accessible for pedes- trians at various points along Pia- neer Road. These points of entry are all handicap accessible. Pedestrian access can also be gained from the upper Salvation Arm parking lot through t constructed stair- way. g a newly way. Barrier fencing and landscaping was used along Pioneer Road for the safety of the general public. Park users appreciate a V.�mile trail system"loop" that meanders around the perimeter of the park. ' The trail's "rustic"l appearance adds to the overall" frontier theme and provides walkers and joggers � d .Ytiu W �CF the ability to gauge their workout distance with measurement markers placed along side the trial. The trail's surfacing is constructed using a stabi- lized decomposed granite material to accommodate handicap accessibility and to reduce the possibility of trail erosion. Trail side seating is incorporated �I at various locations for rest and relaxation. I A play fountain for the surrounding neighbor- hoods was an important element in the planning of this park. The master plan approved by the parks commission called for an exciting fountain j with point and shoot sprayers, water geysers and ! spray zones. The system has computer controls and is designed for the warm months only. Therefore,the water is potable supply, one time use with no treatment facility. 167 Downtown A/lc'ywV C/,v ,ERG/ splIuy., P ROJ ECT TEAM l� For your project, we have assembled a highly qualified team of landscape architects, historical ar- chitects, and architectural historian. Our key mcm- bers have the background and expertise to deliver the master planning services needed for the City of Palm Springs- Creativity Communication The16, ate Got it Ice), Il71r/-L 4h071e Old1 1eulYt hring(s to Experience ptrur prn/ec•I Intcresi in your project! /A� A IJ Creativity - We will provide you with unique and innovative solutions which meet and exceed the expectations of the City of Palm Springs. The project designs we 4717p., • will put forward will creatively address the site— the unique relationship to the nearby neighbors, active and passive recreation balance and respect for the environ- merit. M Communication - We will continually keep you and your staff informed from the start of all the projects. Communication will be consistent and clear with all parties through completion of project. LI Experiel7ce - As noted below, we have provided a design team that has a history of working successfully with cities as an extension of Staff and providing project coor- dination in the development of dozens of award winning spaces. ■ .Interest in your projects - DVD is ready to take on your projects and bring them to a successful completion. DVD strives to bring outstanding public facilities to com- munities throughout all of California. Our team is dedicated to the success of your Project! TEAM MEMBERS ANp STAFF AVAttABILI7Y ,I David Volz Design looks forward to a long relationship with the City of Palm Springs. We are committed to delivering high quality services, designs, reports, ^i documents, and support to the City. The key team members are experienced and talented professionals and they will be supported by a team of licensed landscape architects and several very capable designers, and support staff who will be assigned i to specific tasks as the work proceeds. Our key team members will be David Volz as principal in charge, Gary Vasquez as creative director, Greg Meek assigned to project management. The core team and design professionals will remain available to the projects as assigned from start-up through project completion. 168 6 717c 9,.tich M3slo P/an C'i(y u/'Ali,') bid/o David VO17., LA, Principal-itt-f'harge, has over 20 years of experience in the land- scape architectural design of successful public projects. He will be the principal-in- charge of the park improvement projects addressed in this proposal. He has managed the master planning of hundreds of parks and recreational facilities. He has experience in the development process from inception through master plan development, construc- tion document preparation, contract administration, and on-site inspection. A strong as- set to Mr. Volz' management style is his approach to community outreach_ He has a proven method of bringing the community into the design process where fostering sense of ownership and importance is integral to the park design program. His past experi- ence includes numerous park developments in dozens of cities. This work includes award-winning projects in Long Beach, Monrovia, Tustin, Cerritos, Newport Beach, Laguna Hills, Laguna Niguel, Yorba Linda, Rancho Mirage, and other cities statewide. ML R i• N ` Grn j, Vasquez, LA, Creative lDireclor, has more than 15 years of experience in wu+:'�nc r w�o,.r�m'r: ,e,+ landscape architecture. He will work under the direction of David Volz providing crea- :y(9,h . w r;G. tive design solutions to the challenges that arise. His innovative and thoughtful designs will prove to be a great asset for your projects. Gary has provided high quality project management on many of our firms most successful and highly acclaimed park projects. Gary's recent projects include project management, design, construction drawings and construction oversight for Pioneer Road Park in Tustin, George Washington Park in Anaheim, Heritage Play Island in Cerritos, Ford Park in Bell Gardens, and Bryant Ranch in Yorba Linda. Gary also led the design team in the development of landscape plans for several street beautification projects. Greg N.leek, Project iWanager, Landscape Architect, is a California registered �I landscape architect and project manager with David Volz Design. He has been a regis- tered landscape architect for over 24 years, and has been responsible for all aspects of landscape architectural planning, design, project management, and construction obser- 1 vation for numerous projects. Mr. Meek served the City of Fullerton as a park develop- ment coordinator for 9 years and has a strong understanding of municipal government process. Greg has been the project manager for a variety of projects including commu- nity, nature, and interpretive parks, athletic parks, interpretive projects, and visual im- pact analyses. Landscape architectural project experience includes master planning, park design, park renovation, sports complexes, trails, streetscapes, commercial, plan checking, industrial, schools, and residential design. I 1 Jodi L. ,Dios, LA, is a landscape architect with a specialty in recreation design. This expertise encompasses accessible outdoor recreation design, community involvement and an understanding of sensitive land use settings. Ms. Rios has proven effectiveness ? in developing sound alternatives and mitigation measures for environmental planning i f projects, and in working successfully on interdisciplinary teams_ Jodi's recent projects involved significant community input including Veteran's Memorial in Stanton, Sigler Park, in Westminster, and the Universally Accessible Park in Long Beach. -j 169 � l Gene Yatnasahi, t,A, Oualitj, (ontrrrl Review header, brings to our team more than 30 years of on-staff public works design experience. Until recently, Mr. Yamasaki was the staff landscape architect for the City of Long Beach Public Works Department. His broad range of project experience and city staff background enables him to contrib- ute to important and sensitive projects with creativity and foresight. He oversees the technical aspects of our most important projects, and ensures that project deliverables meet DVD's high quality standards. Mr. Yamasaki also provides plan checking and related services for local municipalities. I Sub-consultants Dileam Engineering will be responsible for all electrical design. Dream Engineering has participated on a majority ofDVD projects. They have provided electrical design Ili for many parks and sports facility projects. Project Team CiEy o(palm 5pring5 Downtown Alleyway 1 Dvid Vol;LA. Ecmg Meek,LA. Ce Yama,akl,L A. 1 10 II 11\7► :1 p\ql Dircdor preleck Leadership Quality Cenkrol I 1 III Dream Engmeerin9 ElccLrlgl Cary Va;9ue L.A. IIPII CrcaLhrc DlrceLer Jodi Rlo;,LA . I II\7I Pmlcd Manaycmenl5upporf � 170 Mr. Volz is a registered landscape architect and has nearly 25 years of extensive experience in public works and private sector projects. 1-1 has managed over $200 million of public works design projects with much of this experience involving the coordination of multi- I I I 'UnivIersitV,,,Pom,ona disciplined consulting teams. Applicati' Mr. Volz has managed the master planning, design, and construction ts7; development of numerous municipal projects for over 100 public e d::t)_ir r i :Ji'o:va l ,l agencies in California. These projects include: y>\ Community and neighborhood parks 'i1 p�°1•a iy; art y.: n Play area design . Parkway median construction a Downtovnt revitalization 1 -"M+ja,ily{:,a:'YYeivoj�l`o,-'r/.•:ya„',Y,lp�ae%} © Identity signs ❑ Feasibility studies n Facility inventories Slope stabilization Financial reports and general plans L Park rehabilitation fie has experience in the development process from fit� 'I+ inception through master plan development, construction document preparation, contract administration, and on-site inspection. His extensive knowledge of landscaping materials and vegetation is often called for at commission meetings and in council reports for agencies he has served. His management experience is very strong in the community outreach programs and public input process. The public workshop process for park design is a concept that he always encourages. The opportunity to get first hand insights from users, neighbors, and the public in general is always beneficial in the design of public projects. Several Jof Mr. Volz's most successful park projects have benefited from the ideas and energy that was put forth at public input sessions- I� PARK DE51GN EXPERIENCE Park project experience, encompassing neighborhood and community lac parks, is one of Mr. Volz' design focus. Serving in various capacities fi-om principal-in-charge to designer, he has designed and managed jseveral award winning parks for cities throughout California. His most recent park projects include: I c,LAGUNA HILLS COMMUNITY CENTER, CITY LAGUNA HILLS—A large 1 171 Dowd Vol:h'C51lmv /' community park congesting of active and passive amenities, as well as a community center building. Eli�'ERITAGE ISLAND PARK, CITY OF 'CERMTOS — A $2.4 million rehabilitation including innovative designs including unique water features and exclusive play adventures. ■GEORGE WASHINGTON PARK, CITY OF ANAHEIM — An unique 1-8-acre neighborhood park located in the historic Anaheim Colony neighborhood. �CLYDE BLAND PARK, CITY OF 1-I4AcY — A new neighborhood park with a strong historical theme as well as the typical active/passive amenities. -�~l` 1 ON—CALL EXPERIENCE Mr. Volz serves as the landscape architect on a master 1 t; consultant agreement with the City of Anaheim Park k = and Recreation Department providing on-call fJ services, as well as full park design development for tl -• s over six years. Projects have included park Improvements, park expansion, building renovations, median island design, and irrigation improvements. Other on-call agreements have been commissioned with the cities of Dana Point, Mission Viejo, Tracy, and the County of Los Angeles. I .I I i _a r , 72 1 I ' Mr. Vasquez has more than 15 years of experience in landscape ASLA architecture working on projects for public agencies ranging from recreational design to master plan studies. His design abilities has CAEATivE ' proven to be not only innovative and unique, but award-winning. His project experience includes: PARK EXPERIENCE MLA,Landscape Architecture, 19,80 California State Polytechnic Mr. Vasquez designed the CITY OF CERRITOS' HERITAGE ISLAND PARK Pomona REHABILITATION PROJECT. „2S ,r • , ;. His innovative designs "�1 •^+ : 11M; 'k° t lti icapture children of all 'ru" .sr'+ ,'; ".^j1r',., ages and takes them back - " f' _ in time of the Revolution "+ ' o-�i1aP, ,,.n��'Cw""�f',f4ilii's:.'�i;:77 7: — ,1'• - "i���. 6:: 1., .•Fri - ;�'-�,� ,'^' ;with it's depiction of the era theane. °Children enjoy interpretive trails, sunken rp I ships. village Square all surrounded by a manmade lake. 2002 CPRS AWARD OF MERIT " He recently completed the design for the LAGuNA HILLS C0114MUNITY CENTER which included many amenities not found in the Surrounding area such as a verdant grove of ginko trees and fossil themed play area. Other active areas include soccer fields, little league and softball fields, skateboard park, in-line roller hockey rink, band shelter, and large picnic area. 2002 CPRS AWARD OF EXCELLENCE r� __ _._._=-_t. He assisted on the design of MARTIN LUTHER KING JR, PARK IN OCEANSIDE. It includes av° , softball fields, soccer fields, tennis " courts, basketball courts, roller 7 hockey, play area, picnic pavilion, parking lot and restroom _ facilities.2002 CPRS AWARD OF EX. CELLENCE Other park experience includes: 1 CEORGE WASHINGTON PARK, CITY OF ANAHEIM—He recently Completed the design for the George Washington Park. The 1.8 acre site in- cluded a band shelter, custom steel trellis, custom steel arches at the points of entry, rose garden and period plantings, and two children _I playgrounds. Some other design details included cobblestone curbing and banding, large decorative "cobblestone columns"that compli- i 3 . l -ment the neighborhood historic "Anaheim Colony" architecture. 2002 CPRS AWARD OF EXCEI_�FNCE m LA PAZ SPORTS PARK 'C.ITY OF LAGUNA. NIGUEL•-- Mr. Vasquez de- signed this multi-usc sports field which included a pony and a little league field with a soccer field overlay and batting cages. These fields are the City's first synthetic turf sport fields. 2002 APWA PROJECT OF THE YEAR AWARD e L A N G R A N C H C 0 M M U N I T Y P A R K , CONEJO RECREATION &'• PARKS DISTRICT— Mr- Vasquez is lead de- " ;.,r,i,, it iae signer developing the draft master plan for this 125 acre park site. The park will offer a number of recreational opportunities includ- ing a community center building, four baseball fields, tennis, bas- j ketball, and hard court skate plaza, grass and sand volleyball, large group picnic facilities, three playgrounds and an extensive Multipurpose trail system and open turf area for programmed and mtidaya ' „i ,;i`' non-programmed activities. f - _ �__ �uc:�.� . , P ,. Lill ya%=�,�,`:, :=��;•v�� i �. . Maser Plan i SKATE PARK DESIGN © LIONS PARK SKATE PARK, _ �l I CITY OF COSTA MESA n u SKATE PARK FACILITY, CITY OF VACAVILLE - - i NOTE o LAGUNA WILLS COMMUNITY CENTER, + 1 -- , CITY OF LAGUNA WILLS ,c¢, Mr. Meek is a California registered landscape architect and project manager with David Volz Design. He has been a registered landscape architect for over 24 years, and has been responsible for all aspects of landscape architectural planning, design, project management, and construction observation for numerous projects. Mr. Meek served the City of Fullerton as a park development coordinator for 9 years and MI has a strong understanding of municipal government process- Land- scape architectural project experience includes master planning,park design,park renovation, sports complexes, trails, streetscapes, com- mercial,plan checking, industrial, schools, and residential design. Et Has Mr. Meek s worked on many types projects , the following are some that might be relevant to your project: da R. t•• - .�,ll„9k=, Bgff.hank Roalevarrl Streetseape El2ha77C'v'r72errt— A;etrbank, CA As the project landscape architect, Mr. Meek worked with the city of ^arm° •w ,�,T. ;a Burbank on the development of the"Streetseape Enhancement Concep- a" r� tual Plan"and the design development drawings for 2.2 miles of Bur- bank Boulevard The project involved numerous meetings with city staff and the community to select and locate street trees, design "Gateways" for the project area, develop pedestrian "Accent Areas", add medians and enhance two major intersections. This 9 million dollar street improve- ment project included street trees, new medians, median landscaping Mr. Mecic's Projects include: irrigation,tree rates, site furnishings, lighting,g accent paving a banner u Community parks and neighbor- program, painting of existing light poles and street resurfacing. The busi- hood parks ness owners and residents strongly supported the project. Play area design ra Parkway median consrruction City of Fullerton, Downtown Ftillerton .Street 'Free lrnprcvemenz Downtown revitalization . - Project r- Tdentity signs While working with the city of Fullerton, Mr- Meek was responsible for m Feasibility studies ■ Facility inventories evaluating the existing the is existing conditions of the Floss Silk street w Trail Planniva and Developmenr trees that were causing a damage to the existing sidewalks and streets _I U City wide Park and Recreation along Harbor Boulevard. He developed a solution that would eliminate Master Plans the problem while maintaining the character created by the existing trees. d Park rehabilitation A more appropriate tree was selected and a phasing plan was developed to replace the existing trees. A sensitive, well presented phased plan was critical plan because of the emotional and political nature of the project. The project has been very successful. Plan Checking Services, .Palm Deser9 California Mr. Meek has provided plan checking services for the City of Palm De- sert. The plan checking service includes planting, irrigation and construe- j tion plan review for compliance with City standards. Plan checking for Palm Desert requires a working knowledge of desert plants, drip and bubbler irrigation systems and rock, cobble,decomposed granite ground- covers and their appropriate placement in a desert landscape. I 5 I Jow L. ! Ms. Rios is a landscape architect with a specialty in recreation de- sign. This expertise encompasses accessible outdoor recreation de- sign, scenery management and fire management within the context of sensitive land use settings, a A:A Ms. Rios has proven effectiveness in developing sound alternatives and mitigation measures for environmental planning projects, and Michigan State niversitylo in working successfully on interdisciplinary teams. REGIs 1 Ms- Rios has been the prqject manager for a variety of projects in- 3p "'r=,=' =,-C ,' eluding residential developments, nature and interpretive parks, " athletic parks, interpretive projects, and visual impact analyses, and within the urban wild land interface. "' °'" Some of those projects include: !,4 r a .xr. 10 r' OO; P7•nh�,•nrr y. r r M' = a rr — — �_— li llnr�. ;li D1N :uur ,ul, © Sigler Park, City of Westminster 1 - �• _s 4 a River Park, City of Oceanside, California, Project �- JI Manager x Fairview Park Nature and Interpretive Center, City of Costa Mesa, California, Landscape Desi,,ner eio%w P wK WATIRSPRAY P nvc�=o © Banana YT/etlan is Pallcway, Los Angeles Cbunly, Cali- forma, Prqject Uanager cr Fuel Medijicalion Plant Palette Resource Document, Orange Counly, California, Comrrtittee Member 7 N Santa Monica Moarntains National Recreation Area, National Park Service, California, Landscape Architect n Newport Coast Wildland Fuel Modification Study, Project ' } Manager 71 6 As Project Landscape Architect and Quality Control Review Leader for DVD, Mr. Yamasaki is involved in each project and reviews the plans at various stages for quality. 1 ' Projects Mr. Yamasaki has participated in as project manager or ., quality control review leader include: On-Call Contract, City of Anaheim i r m On-Call Contract, City of Tracy 1 a Frank Sinatra Drive Median Islands, City of Rancho Mirage . Q Round About, City of La Quinta Country Club Medians, City of Palm Desert JYt�''"��I'�°,!'�Q�iij%P,'(�,�: Median Island Beautification, City of Rancho Mirage Soccer Field, City of Santa Ana .Zack Nichol Park, City of Long Beach Ball Field Renovation City of Tustin A�l, Before joining DVD, Mr. Yamasaki worked for the City of Long Beach as a landscape architect for 31 years where he prepared plans, specifications, and estimates for capital improvement and non-capital improvements projects. Projects were diverse and included, but not limited to, landscape and urban design; irrigation systems; street and w ` median island beautification; airport beautification; master planning; recreation and sports facilities; hardscapes; lake stabilization; annual C� 5P tree trimming; bike paths; slope stabilization; erosion control and m9scellaneous projects requested by other city departments. Mr. Yamasaki was also employed as a landscape architect with the U.S- Army Corps of Engineers where he performed work relative to .k,.: the development of recreational areas in connection with civil works projects including dam and reservoir sites and other flood control channels in the San Francisco Engineer District. This required . RLAIKMm."��Mh ` investigation, planning and analytical work for the development of i`" 1 - project plans of recreational facilities. He provided field surveys and �. .; inventories of large land areas to determine extent and type of land use. Ile prepared estimated land use projections. U, LE) . .—I r—+•yx^--f�tl� _ _ Sirr�mcaw EMencament )I+ GiyILNL r.-r+n —� 7 Dream Engineering Inc., COMPANY PROFILE Dream Engineering Inc. is an Electrical Engineering Firm,providing Electrical Ei: ineerin�• i i services to municipalities and governing g a P g bodies V, in Southerir California for over ZO years. I We provide Electrical Engineering and Lighting Design services for Parks, Walkways, Sports Areas, Parking Areas, Median Is- lands and Street Lighting. We also provide lighting studies to as- certain the lighting effects on adjoining neighborhoods from the installation of new exterior lighting. We pride ourselves in being a relatively small firm(6 employees), but being able to provide large Electrical Engineering Services. We do all our construction drawings and specs on computer and make use of the Internet for transferring files and obtaining vendors spec sheets. All our wort: is done by a State Licensed Electrical Engineer who is also a mein- ber of the lighting Engineering Society of North America(IESNA), or under the direct and immediate supervision of a State Licensed Electrical Engineer. We feel we have the experience and technical expertise in both Electrical Engineering and Photometrics to be of assistance in making your future projects successful. ^I i i i l DUM sl i 178 l�awu l�avb Alleyrvu.�y Glv,��h3/m PROJECT UNDERSTANDING r AND APPROACH Project Understanding OkA - During our field trip to the site the need for this project became very • evident. After parking in the parking structure it tole a moment for us to find the alleyway, and we knew what we were looking for! The connection between the downtown parking garage and Palm Canyon Drive is so important to the patrons using the Parking structure that something really clever exciting and fim needs to be done to improve the space. We have already been brainstorming about the solution for the space that could include lighting within e pavement i htn the and wash- ing the wall with light at night. Selecting a paving material that would provide a transition to but also a taste of what coming when you enter the incredible Palm Springs downtown. Color, texture, lighting, unique and interesting materials and pants will be use to treat the Perfect solution. There is also the functional requirement of space to consider that the business owners rely on the run their businesses. All of these characteristics and constraints will need to be blended with opportunities to create beautiful, functional, safe space that will be- come a memorable and enjoyable experience, a huge change from -- �• what it is now. Our team will explore the many possibilities this site offers with the City staff, the local downtown restaurant/property owners. Our design and planning work will emphasize innovative and creative � P g P y� solutions while drawing from the existing unique "Palm Springs" de- J+ sign. Our experienced designers have frequently worked with difficult tee spaces to create interesting and exceptional solutions. Three project designs we have completed that required creating interesting, aes- thetic, functional spaces are: Cerritos Park, in Glendale, the La Quinta Round About, and the exciting Laguna Hills Community Park. At each of these sites, we use specially selected materials, finishes and lighting. The results were dramatic in beautiful outdoor public spaces. i Preliminary Design Concept Phase We propose an open and interactive approach and a comprehensive study of the existing space and it's current function. Combining the r experience and knowledge of City's staff with the needs and desires `� �i-^J ,� of the local City's business owners we will design the alleyway space -t that will truly reflects the character and nature of its surroundings and meets the community's needs. 179 hawnfawuA& w4y cle 'oi RiIR)rm)_Vs Our team's approach has been time-tested and proven successful on many projects we have designed. Our foremost priority is in estab- lishing a strong working relationship with the City, which begins with our first meeting. The kick-off meeting includes reiterating the objec- 1 tives with your staff and our team leaders, and highlighting schedul- ing milestones. We know that your staff has their finger on the Pulse ,9„,„. ry; 1"r of the Palm Springs community. They have a thorough understanding 6, of the facilities needed and the issues to be addressed, therefore, our partnership with your staff and having a clear understanding of your needs would be our top priority. o, Next, DVD will undertake an assessment of the existing project con- ditions and a thorough site analysis. We will review the site survey, research existing infrastructure and utilities, give strong consideration to the strengths and character of the surrounding neighborhood, views, connections to existing infrastructure, etc. Once we have thor-oughly analyzed the existing conditions, we will meet with the City staff to further our understanding of the concepts and content of this r Space- The next step is one of our favorites - meeting with the business com- munity and property owners. Our goal will be to make this space meet . , the community's needs as well as the business owners needs. Allow- ing the Businesses to stand in a place of ownership aids in a smooth design process. In the long-term, this ownership translates into a space that is taken care of by those who helped bring it to reality — those who will use it most. Following the meeting with the business community, our team will - compile all design ideas and begin the consensus plan design process. r _ Conceptual sketches will be presented to City staff in an idea consoli- l .7-rV _V^_y dation meeting. The best concepts will then be refined into draft con- ceptual plans and presented to the business community. Elements that n will be included in the design concept will be a materials palette for paving materials, walls materials, lighting, bollards, paint colors, t J archway materials, signage, and planting The design concepts will _I be presented and the ideas reviewed. In the end we will look for u" agreement on the elements which will become a part of the final pre- liminary design concept. J. I Once City staff reviews the draft of the plan, a final consensus plan and design report, including budget estimate, will be prepared- A presentation package covering the planning process and the consensus plan for the park will be prepared for a power point presentation, This presentation will be shown to the City Council and upon ap- proval, to the other oversight bodies. More input will be taken at the meetings and a final plan, estimate and written agreement will be the i Ii,,lr }7 f,, result of this process- The final preliminary plan, which will be the focus of our efforts, will be the culmination of several concept plans being honed into a final a hic representation of the best development strategy for the site's 180 I Dowd foi vn A/leyw,3y 0h . ,%:il ;F rrri�+ program- The design will emphasize aesthetics, incorporate a unique "Palm Springs" design, be functional for both businesses and patrons of the downtown, be safe, durable and maintainable. The design re- port will be prepared outlining the input process and describing the proJIM gram and development elements. A final cost estimate and sched- �' ule will be a part of this project report. Final Design CPS &E) Our primary objective for the Final Design Phase of the project will be in generate plans, specifications O oar and a cost estimate r the ., g P for bidding b and Construction of the project. The specifications, ecificattons, and esti- mates will be prepared for the following: • Structure installations such as signs, - bollards planters, walls pav- ing ing and site furnishings. • Irrigation • Planting • Lighting Grading Assistance will be provided, answering Requests for information dur- ing bidding. As-Built drawings will be prepared based on red lined "�, plans of field conditions provided by the City's construction contrac- ` I tor. t" i^ Construction Administration can be provided by DVD at the hourly rates if the desired by the City. rl. 81 DON ntow!A levlBuy C ifr V/Palm SPI'M s r �e=c.-t 5 c o P c ° Ta sl< The David Volz Design Team (DVD) is very pleased to be consid- ered by the City of Palm Springs to develop a preliminary design and construction documents for the alleyway behind the downtown parking structure. Our goal for the alleyway project is to provide an aesthetic, func- tional, safe and maintainable solution for the space. The project will incorporate unique paving, wall treatments, structures, signage light- ing and landscaping for both day and evening use. David Volz De- }l e.,. sign has the expertise and the experience that will be required to de- velop this unique spare. We are excited about the opportunity to work with the City of Palm Springs. �Y 1 . iiakVX N'iA' Mml^'^" • v._. . .. David Volz Design is offering the following scope of services for the development of the Downtown Alleyway project: II. Task I Preliminary Data Collection, Research and I{icicoff Meeting This iask includes gathering available information about the project space that may assist us with development of the preliminary design concept. Data collected may include current and past site uses, util- ity information events of historical significance, maintenance and vandalism issues, or any other pertinent information that will help gain an tnderstanding of what the project area was and is today. DVD will coordinate with the Engineering design consultant to ob- tain plan and survey map information The kick-off meeting includes reiterating the objectives with the City staff and our team leaders, and highlighting scheduling mile- stones. We know that your staff has their finger on the pulse of the community and has a thorough understanding of the facilities needed and the issues to be addressed. Our partnership with your staff and having a clear understanding of your needs is our top prior- ity. The key DVD Design team members for this project will attend the kickoff meeting_ Task 2 - Opportunities and Constraints Study of the Existing Site The downtown alleyway site presents some interesting design is- sues, in particular, it's a limited space with lots of different uses such as parking, access to Indian Canyon Drive, service entrances for the business and trash storage. Task 3—Meeting with Restaurant/Property Owners "Project Team" 182 � i Doi rn[uwn AIle-uii ay On,of Palm Sp❑sgs Prior to starting the preliminary design, we propose meeting with the project stakeholders to identify any additional issues that need to be addressed in the design and to listen to the design ideas for the site The emphasis of this meeting will be to define and identify an initial program and important issues- With this background and the City's staff guidance we will move into the active plamring process. ` Task 4—Prepare Preliminary Design Concept Plan Two conceptual plans and fiill color visual aids and sketches will be prepared and presented to City staff, in an idea consolidation " " meeting. The conceptual plans will include the recommendations of construction materials, color paletic. lighting, and plant mate- rial. The best concepts will then be relined into one draft concep- tual plan and presented to the Business/Property owners for buy in of the design. Task 5—Present Concept Plan to the "Project Team" and City '1 Staff The Concept plan and a reconrrnendation of materials will be pre- sented to the City staff and project team. Input from the meeting will be documented. Task 6 —Project Team and City staff directed Revisions to the Concept Plan DVD will use the input from the "project Team and City Staff and make revisions if needed to the concept plan. A presentation to the Planning Commission and City Council will be prepared based on the revised concept plan. jTask 7—Present Concept Plan to the Planning Commission and the City Council -i The revised Concept plan and a recommendation of materials will be presented to the Planning Commission and recommendations will be documented. The Revised Concept plan and the planning j Commission recommendations will be presented to the Palm 1 Springs City Council. �I Task S—Revisions to the Concept Plan and Prepare a Final Concept plan DVD will revise the concept plan based on the City Council's di- rection- The preparation of a final design concept plan and a rec- ormnendation of materials will be prepared. A Preliminary con- struction estimate will be prepared. A presentation package cover- 1 ing the process for current final concept plan will be prepared for a J power point presentation. This presentation will be put through the architectural review process and presented to the City Council. 1 -1 183 Doi woven Alletiry+cD, C in ofPalnj Sprin,gn Task 9— Obtain Formal Approval through the City's Major Architectural Approval Process and the City Council DVD will submit and present the revised conceptual plan to the Major Architectural approval process and back to the Palm Springs City Council for final approval Task 10 —Construction Documents Once the City Council has approved the final conceptual plan, the final plans specifications and construction estimates will be pre- pared for bidding and construction. The following will be included in the construction document package.- Construction Plan Grading Plan - Irrigation Plan Planting plan j - Lighting Plan _ Construction Details Specifications N' .. Estimate of probable Construction Costs Task 11 —Assistance during Bidding Once the City Council has approved the final plans and specifica- tions, DVD Will assist the City staff during bidding by answering "Requests for Information" from the potential bidders. Task 12 —As-Built Drawings Once the project construction is complete DVD will prepare as- built drawings based on red lined plans of field conditions pro- vided by the City's construction contractor. LJ „ �j 184 OuwnL,-wo Alleyway l i:i nF0,1. 7,,rr1 PRO) EC_T DELIVERY Delivering projects to our clients within their expectations, budget, and timeframe is our top priority. We aim to keep our clients happy 'i and remain in a mutually beneficial relationship for a long, long time. ' +&1rtr3yid+^ We are an extension of your staff and are willing to support you in i' an task needing assistance. We have the knowledge and expertise to l;- I;!, creatively take your project from start to finish, from concept devel- opment through the construction process. We have provided similar services for hundreds of successful public space development and re- A , furbishment projects- We have a very creative team and our desire to .� be your staffs landscape architect will be evidenced through our energy and enthusiasm. The best way to demonstrate ability to complete comprehensive and timely projects is our list of numerous happy clients and return cus- tomers. By way of previous project examples we demonstrate our ability to accomplish our scope of services on time. The following list T1 of clients and projects have been prepared for your review. Peel wel- come to contact these clients to discuss our responsiveness. Project Nam Contact Information r• Hr•,nr nersnn Park Ah firn (1nt• 0 V uic•ruu1 ifvrnoraal P412I and Rccacuraon .Sernces Dig cant ( 1;y 379-922) �277 1 1-710 Trees Program Mr. Ed Rogan Coolidge Park (_;62) 740-1060 Li i Cxv ,r/'( nurl,c/l,r .III„1,7ats Ind Park li -� i�� ��I,gh,:'G�''41i. .lrS�j'Y,:plk . I' /xir urna"A arc d�a"i l' .'Jl:71 rnd'�lieirea'�nloA�'Suivices : ,.• Ell . . ':l�landgi' - F (I,oo) S'- 5oz i 10 n I , Cr[) n (,r hrrnr,, �;lit; uui";1L'7o,Ziiio,i-n'rigfkin j �- _ _ r f",Lh._7rin /onlrs�dn . i7,)unirttn�.'rL.l�llpui8duhori�tll„ Prili7u�61"'orks C)ilrc+ctnr/. ^• d Et Ttisrnjlin"ruii L'1Ci iF iidineeiti 7 ' li�i.rch : : ,.'. . 1Jr �fli�i$'er'er��iI{C'"u"''"r ,rrnjircls :, ;•;ru �al:.a'nn,,y,''i�lleri�iajci 'Jl;y -�, F'nrlti;Cyereltij?rnrr,rb�cet , 1" 5 1 ( 6,2)'570j31ti9 7d, dm'i'Idal, i ::' ' Preliminary Project Schedule City of Palm Springs Downtown Alleyway Project Created*October 18, 2007 Task I .. . , . . ■■■■n■■■■■n■n■■■■n■■■■■■■n■■■■■■■ ... _ ■■®■n■■■■■■■■n■■■■n■n■■■■■■■■■NEON Task 3 Meeting _. ■n■n■■■■■■■■n■■■■n■n■■■■n■■■■■■■ Plan ■n■ ■■■■■■■■■n■■■■u■n■■■Eno■■■■■■ Nonni , �■■■■■n■n■■■■n■n■■■■n■■■■■■■ Revisions to the Conctpt Plan ■■■■■■m■■■■n■n■■■■n Ono■■■n■■■■■■■ Commission and the City Council ■■■■■ ■■■■n■■■■n■n■n■■■■n■■■■■■■ Taslk8 =to thu Concept Plan and FfnalConceplPrnn ■■■■n■■■■■n■■■■■■■n■n■■■■n■■■■■■■ ■■■■■■■■■€�■■■■■■■n■■■■n■■■■■■■■■■■■■ ...................................... Revised: 3/23107 EXHIBIT "l)" SCHEDULE OF COMPENSATION 524762.1 187 Proposed Fees Our team members are all committed to developing the overall site design development package which will meet the requirements of the project_ The Final Master plan and all related graphics will be prepared as a word document compatible with the City software and provided to the City electronically on CD's or DVD's. The following are our fees for the proposed work tasks: Task 1 Preliminary Data Collection, Research and Kickoff Meeting Deliverables: Kickoff meeting minutes Proposed Fee: $ 1,000 Task 2 Opportunities and Constraints Study of the Existing Site Deliverables: Opportunities and constraints study Proposed Fee: $ 11000 Task S Meeting with Restaurant/Property Owners "Project Team" Deliverables: Meeting Minutes Proposed Fee: $ 1,000 Task 4 Prepare Preliminary Design Concept Plan Deliverables: Preliminary Design Concept Proposed Fee: $ 5,000 Task 5 Present Concept Plan to the "Project Team" and City Staff Deliverables: Meeting Minutes Proposed Fee: $ 1,000 Task 6 Project Team and City Staff directed revisions to the Concept Plan Deliverables: Revised concept plan Proposed Fee: $ 1,000 Task 7 Present Concept Plan to the Planning Commission and the City Council Deliverables: Presentation materials Proposed Fee: $ 1,000 Task 8 Use City Council direction to create a Final Concept Plan Deliverables: Final Concept plan Proposed Fee: $ 11000 188 Task 9 Obtain Formal Approval through the City's Major Architectural Approval Process and the City Council Deliverables: Approved Conceptual Plan Proposed Fee: $ 2,000 Task 10 Construction Documents Deliverables: Construction documents including plans, specifications and cost estimates ready for bidding Proposed Fee: $ 15,000 Task 11 Assistance during Bidding Deliverables: Answers to RFI's Proposed Fee: $ 2,000 Task 12 Prepare as build Drawings Deliverables: As Built Drawings Proposed Fee; 1 000 Total fees for services: $ 32,000 Five (5) meetings, and four (4) presentations are included in the tasks listed above. Additional meetings, including meeting preparation will be charged at the attached hourly rates. Additional presentations will be charged at the hourly rates with a minimum of$2,000 per presentation. David Volz Design will provide electronic copies of the all drawings and documents in AutoCAD 2004 or Microsoft Word 2003 format. ADDITIONAL SERVICES TO BE PROVIDED ON AN HOURLY BASIS The following items are not included in the Basic Services, and will be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis per the attached Hourly Rate Schedule. • Revisions to the construction documents resulting from City requested changes to documents previously approved by the City. • Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, or schedule. • Providing services in conjunction with arbitration proceedings or legal proceedings, except where the Landscape Architect is a party to such proceedings. 189 • Preparation of drawings for work beyond the project boundary (site and immediate street frontage). • Preparation of separate Public Improvement drawings. • Services in conjunction with any required discretionary approvals. • Traffic Engineering Studies. • Environmental remediation studies, surveys or removal specifications. • Preparation of Boundary Surveys, ALTA Surveys, Title Reports, Deeds, construction staking or other documents in conjunction with the project site. • All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.1 times the Consultant's cost. I propose to provide the stated basic services for a fixed fee of thirty five thousand Dollars ($35,000.00). Invoices will be submitted monthly, in a format acceptable to the City, for the percentage of work completed during the month, on any particular phase. Our firm maintains General Liability and Errors and Omissions Insurance with nationally recognized insurers. We will be providing certificates of insurance per your request. We look forward to meeting with the City of Palm Springs on this exciting project! I am available to meet with you at any time to review and discuss the scope of services and fee. If you have any questions, please do not hesitate to contact me at (760) 580-5165. Very truly yours, DAVID VOLZ DESIGN David J. Volz Principal/Landscape Architect#2375 190 EXHIBIT «E„ Revised- 3/23107 SCHEDULE OF PERFORMANCE s24762.1 191