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HomeMy WebLinkAboutC38040A-H - FY 18-19 On-call Architecture Dsgn SvcsCONTRACT NO. C 38040A CONTRACT NO. C 38040B CONTRACT NO. C 38040C CONTRACT NO. C 38040D CONTRACT NO. C 38040E CONTRACT NO. C 3804OF CONTRACT NO. C 3804OG CONTRACT NO. C 38040H STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: January 10, 2019 PREPARED BY: Tom Garcia, Public Works Director REQUEST: Award Eight (8) Contracts for On -Call Professional Architecture Design Services, each for a term of 18 months in a total aggregate amount not to exceed $150,000 Recommendation By Minute Motion: Award Contract No. C 38040A to Adrian-Gaus Architects of Redlands, California, Contract No. C 38040B to Herman Design Group of Palm Desert, California, Contract No. C38040c to Holt Architecture of Rancho Mirage, California, Contract No. C 38040D to Jeff Katz Architecture (JKA) of San Diego, California, Contract No. C 38040E to Prest-Vuksic Architects of Palm Desert, California, Contract No. C 3804OF to RA-DA of West Hollywood, California, Contract No. C 3804OG to STK Architecture, Inc. of Temecula, California, and Contract No. C 38040H to TR Design Group of Riverside, California, for On -Call Professional Architecture Design Services, each for a term of 18 months in a total aggregate amount not to exceed $150,000. 2. Authorize the Mayor to execute the contracts. Funds have been included in various Public Works Project Accounts to account for architecture services. Strategic Plan This action has no impact on achieving the goals set forth in the Strategic Plan. January 10, 2019 - Staff Report Award Contracts for On -Call Professional Architecture Design Services Page 2 of 3 Background The Public Works Department has a need for specialized architecture design services for various projects. A Request for Proposals (RFP) for On -Call Architecture Design Services was advertised in November 2018. Nine proposals were received and each was reviewed based on specific criteria, including the qualifications of the firm, management and technical approach to the required duties, and the completeness of the proposal. The following nine firms responded and were reviewed by a selection committee, which was comprised of Public Works staff familiar with the required qualifications: Consultant Adrian-Gaus Architects, Inc. Goodale Architecture Planning Hermann Design Group Holt Architecture JKA Prest-Vuksic Architects RA-DA STK Architecture, Inc. TR Design Group, Inc. Location Redlands, CA Pasadena, CA Palm Desert, CA Rancho Mirage, CA San Diego, CA Palm Desert, CA West Hollywood, CA Temecula, CA Riverside, CA To best serve the City's needs, staff is recommending the award of eight contracts. Each firm scored closely with areas of strengths required to successfully meet the City's needs in architecture design. The total amount of all contracts combined shall not exceed $150,000. Staff will solicit proposals from each firm based on specific tasks and make a selection based on the demonstrated ability to perform the requested task. Purchase Orders will then be requisitioned based on the response, which will include the cost to complete the specific task. Fiscal Analvsis There is no fiscal impact beyond the cost of obtaining the architecture design services. Since the agreements extend through Fiscal Year 2019-20, any purchase orders opened during Fiscal Year 2018-19 will not be carried over, as money budgeted for Fiscal Year 2019-20 will be used. LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY REVIEW MANAGER Cd N/A Robert W. Hargreaves To Garcia,wl.E. JaNctoof re Lauri Aylaian City Attorney Director of Public Works DiFinance City Manager January 10, 2019 - Staff Report Award Contracts for On -Call Professional Architecture Design Services Page 3 of 3 CONSULTANTS: Adrian-Gaus Architects, Inc. 300 East State Street, Suite 350 Redlands, CA 92373 Hermann Design Group 77899 Wolf Road, Suite 102 Palm Desert, CA 92211 Holt Architecture 70225 Highway 111, Suite D Rancho Mirage, CA 92270 JKA 6353 Del Cerro Boulevard San Diego, CA 92120 Prest-Vuksic Architects 44530 San Pablo Avenue, Suite 200 Palm Desert, CA 92260 RA-DA 7523 Norton Avenue West Hollywood, CA 90046 STK Architecture, Inc. 42095 Zevo Drive, Suite Al Temecula, CA 92590 TR Design Group, Inc. 7179 Magnolia Avenue Riverside, CA 92504 ATTACHMENTS: Proposals (9) Agreements (8) CITY OF PALM DESERT PROPOSAL FOR GENERAL PROFESS IONALARCWTECTURAL SERVICES NOVEMBER 27, 2018 ADRIAN•GAUS ARCHITECTS, In[. Soo East State Street, Suite 330 Redlands, CA 92373 AC• --A TABLE OF EENTENTS Section I I COMPANY HISTORY & BACKGROUND 1 T Section II EXPERIENCE 1 z Section [II KEY ARCHITECTURAL STAFF J CONSULTANTS 1 4 Section IV I WORK PLAN J METHODOLOGY ! 7 Section V I REFERENCES Appendix A I SAMPLE PROJECTS ADRIAN•GAUS ARCHITECTS-- 300 EAST STATE STREET SUITE 350. REDLANDS CA 92373 1 909 748.0444 I www,cdrEar)govs.com COMPANY HISTORY AND BACKGROUND S E C-T.10-.- N__I Since its conception in zoos, Adrian ■ Gaus Architects has seen phenomenal growth, having designed and completed projects for municipal and government agencies such as Town of Apple Valley, City of Anaheim, City of Beaumont, Bureau of Land Management, City of Commerce, City of Glendale, City of Hermosa Beach, City of Palos Verdes, City of Santa Monica, City of Signal Hill, County of San Bernardino and City of Pasadena. Besides municipal projects the firm also designs multi -family housing, places of worship and educational facili- ties but municipal projects remain the core of the firm's work. What clients have valued most about the firm is their responsiveness to the Owner's needs. Every project begins with a genuine commitment to the client's objectives. The project team seeks to thoroughly understand what the Owner needs and the situation demands be- fore beginning the work. Since no two projects are alike the firm does not subscribe to a standard approach or style but seeks to capture the objectives of the particular users they are serving. The guiding principles of the firm are. Face to Face, Lean and Mean, and the Works Face to Face stands for a commitment to being accessible, responsive, to take time for coordination and seeing projects through to the end. Lean and Mean describes an approach towards economy. From early cost estimates to an environmentally sustainable philosophy the principals believe that it is possible to design projects including strict budgetary requirements without sacrificing functionality or aesthetics. in fact, budgetary constraints force the designer to go the extra mile to resolve problems more creatively. Besides budget, schedule control is vital to a successful project. Here is where medium-sized firms have an advantage over larger ones. Just as agile speed boats can turn more easily than big Cruise ships, schedule control requires a continuing process of adjusting to new situations in order to meet the set objectives. The Works expresses an attitude of unreserved commitment towards a project. CITY OF PALM DESERT GENERAL ARCHITECTURAL SERVICES ADRIAN•GAUS A.RCfi,IECiS 1 IXPE_RIE-N_CE_ TOWN OF APPLE VALLEY Public Works Yard Master Plan and Design for 17,500 SF Public Works Yard including vehicle maintenance facility, stores, shops hazardous waste facility and administration building. (Completed 2013, $10,000,000) CAL STATE LIBRARIES State Grant Interior Projects Design and partial implementation of interior improvements for four libriaries, including interior design, theming, furniture selection and space programming. (In progress, $TBD) CITY OF BEAUMONT City Hall Addition Design for 3,500 SF addition to City Hall includ- ing offices, breakroom and conference room. (Design completed 2018, project on hold, $11000,000) CITY OF COMMERCE Central Library Major Renovation Design for 1o,000 SF Central Library Including, stack areas, reading area, technology center, youth area, meeting rooms, children's library and lounge. (Completed 2013, $5,400,000) Council Chambers Renovation Design for the ADA, media, and aesthetic up- grade of the City's council chambers. (Completed 2014, $250,000) CITY OF GLENDALE City Hall Renovation 2,500 SF Historical Renovation of the Art Deco City Hall and Council Chambers. (Completed 2013, $750,000) City Services Building Renovation of 1950's Mid Century Police Building into city offices for Development Services. (Design completed 2013, project placed on hold, $4,500,000) Fire Station zb Remodel Design for the remodel of local fire station. (Completed 2014, $850,000) Police Museum Design of Police Museum in lobby of the Public Safety Facility. (Completed 2o18, $315,000) Accounting Office Remodel Design of 750 SF Tenant Improvement for the City's accounting office. (In progress, EST. $250,000) CITY OF PALM DESERT GENERAL ARCHITECTURA[ SERVICES AORIAN•GAUS ARCHITECTS 2 EXPERIENCE Civic Auditorium Renovation Design for the historical renovation of the exte- rior of the Spanish/Art Deco Civic Auditorium. (Completed 2017, $510,000) Scholl Park Restroom$ Design for 1,000 SF park restrooms. (in progress, EST. $630,000) Water and Power Department Design for 12,000 SF Training Center and Stores Facitlity. (On hold, EST. $2,700,000) CITY OF HERMOSA BEACH Seaview Parkette Restoom Design for public park restroom. (In progress, EST. $T1o,000) South Park Restroom Design for public park restroom. (In progress, EST. $270,000) Fort Lots-o-Fun Park Restroom Design for public park restroom. (In progress, EST. $1io,000) Clark Field Restroom Design for public park restroom. (In progress, EST. $450,000) Beach Restrooms Design for three 750 SF beach restrooms. (Completed 2013, $1,300,000) S-ECT-10-NA Public Works Facility Master Plan and Design for 14,000 SF Public Works Yard including vehicle maintenance facility, stores, shops and administration building. (In progress, EST. $2,120,000) CITY OF PASADENA Locker Facility J Media Center Design for public park restroom at sports park. (Completed 2014, $11,000,000) CITY OF SANTA MONICA Marine Park Restroom Design for public park restroom at sports park. (Completed 2014, $210,000) Ocean Park Restroom Design for public park restroom at beach front. (Completed 2014, $750,000) Hotchkiss Park Restroom Design for public park restroom at neighborhood park (Completed 2014, $167,000) COUNTY OF SAN BERNARDINO Vista Del Sol Senior Housing Design for a 110 Unit Senior Living Complex (Completed 2010, $11,500,000) CITY OF PALM DESERT GENERAL ARCHITECTURAL SERVJCES ADRIAN•GAUS ARCH�TECiS 3 KEY ARCHITECTURAL STAFF &ECTION-111 As Project Architect, Herta Gaus, oversees all aspects of the prof- ect, including design, preparation of drawings, specifications, as well as the implementation of sustainable design features. Herta Gaus, AIA, LEE❑ Ms. Gaus is a licensed architect in the State of California as well Project Architect License No. C-a8593 as a LEED Accredited Professional. She brings architectural de - EDUCATION sign, with a thorough knowledge of sustainable architecture to use the project team. Her designs received awards and were fea- Masters, Building Science Cal Poly Pomona tured by the American Institute of Architects, Southern Califor- Bachelorin Architecture nia Edison, and Southern California Gas Company for their ener- Business School Germany Office Management gy efficiency. PROFESSIONAL EXPERIENCE Prior to forming Adrian ■ Gaus Architects, Inc. and joining the adrian•gaus architects, Inc- 2005 Architect Collaborative AC-6, Herta Gaus held positions of re- PCH Architects sponsibility in some of Southern California's most respected 2004 WLC Architects architectural firms. Her practice has mostly focused on educa- 1947-2004 tional, municipal, and institutional facilities, both new and reha- Genesis Associates, Irvine billtation. 1996-1997 Roger Grulke Architects 1994-1995 Ms. Gaus has been a speaker at the Coalition for Adequate HMcGroup School Housing (CASH), the U.S. Green Building Counsel and at 1990-1994 PROFESSIONAL various workshops and seminars. She presented an architec- AFFILIATIONS tural paper at Cambridge University in Cambridge, England and Past President American ln5titutPaste of President spoke at the Global Green conference In Los Angeles as well hitects Inland California Chapter as Municipal Green Building Conferences organized by the Los Board Member California Council of the AIA Angeles Chapter of the USGBC. CITY OF PALM ❑E5`� GENERAL ARCHITECTURAL SERVICES A D R I A N• G A U S 4 KEY ARCHITECTUR-ALSTAFF_ S-E C T1 0 N_ Al Xavier Adrian: would be the Senior Project Manager bringing his public facility design and construction management experi- ence to all phases of the project. He will be the City's main contact for the project. Xavier Rene Adrian Mr. Adrian brings seventeen years of community design expe- Senior Project Manager A 111114TA9 [d]:I rience and twenty-seven years of architectural education and practice to the team. He is an outstanding designer, has excep- 5ci-ARC Bachelor of Architecture tional managerial skills and extensive expertise in civic projects. PROFESSIONAL EXPERIENCE Prior to forming Adrian • Gaus Architects, Inc. Xavier held po- Princi pal adrian■gaus architects, Inc. sitlons with some of California's most prestigious firms. As a 2005 project manager/ designer at WLC Architects his core body of Adjunct Professor of Architecture experience was comprised of civic and community projects in - Cal Baptist University cludin the City Hail d Fire Station for the City of Avalon, Wal- g Y anY 2015 nut City Hall, Yucaipa City Hal and Community Center, Gilroy Po - Construction Manager Kitchell lice Facility and Glendale Senior Center. In order to expand the 2013 understanding of the building process Mr. Adrian additionally Project Manager WLC Architects also served as a construction manager on $24,000,000 worth 1998-2005 of projects at Crafton Hills College under the Measure M Bond Designer HMC Architects in 2013 - 2014. 1991-1997 PROFESSIONAL AFFILIATIONS In an effort to support the profession and its relationship to civ- GovernmentAffairs is organizations, Mr. Adrian served as a Board Member of the American Institute of Architects AIA Inland California Chapter and on the United States Green Inland California Chapter Building Council, Inland Empire Chapter Advocacy Committee. Member - He has been a speaker at the AIA Justice Facilities Conference, American Library Association Municipal Green Building Conference. He is an adjunct Profes- Member- USGBC Inland Empire Chapter so of Architecture at California Baptist University. CITY OF PALM DESERT � GENERAL ARCHITECTURAL SERVICES ADRIAN • GAUS - 5 sECrION iu Adrian • Gaus Architects, Inc. has worked with the following consultants on their projects: We are always prepared to create new relationships with other firms that can provide excep- tional service to our clients. SILVA COST CONSULTING Cost Estimator 1521 Corporate Way, Suite 210, Sacramento, CA 95831 GOODMAN & ASSOCIATES Civil Engineer 2079 Sky View Drive, Colton, CA C)2324 HICKS & HARTWICK Civil Engineer 37 East Olive Avenue #C, Redlands, CA 92373 INNOVATIVE STRUCTURAL ENGINEERING Structural Engineer 40810 County Center Drive, Suite 11o, Temecula, CA 92591 KNAPP & ASSOCIATES Structurai Engineer 408 South Stoddard Avenue, San Bernardino, CA 92401 DESIGN WEST ENGINEERING Mechanical, Electrical, Plumbing Engineer 275 West Hospitality Lane, Suite loo, San Bernardino, CA 92408 STB LANDSCAPE ARCHITECTS Landscape Architect 15 South 5th Street, Redlands, CA 92373 MiTr 4F PALM D-'St GENERAL ARCHITECTURAL SERVICES ADRIAN•GAUS •- 6 woaK PLAN i MErHnooLosr SECTION 1V_ PRE -DESIGN 1. Confirm project team consisting of client representatives and A/E professionals. z. Verify facility needs. 3. Meet with client representatives to clarify goals and guiding principles 4. Perform a thorough site analysis including: • ADA compliance of path of travel and parking • Security and lighting • Landscaping • Utilities ■ Community awareness • Review any topo surveys provided by the City • Review any geotechnical reports provided by the City • Identify contextual design elements ■ Identify sustainability opportunities 5. Prepare preliminary schedule 1. Prepare drawings and renderings as required for public and City meetings based on design concepts and prototypical designs. z. Prepare a preliminary estimate of probable construction cost at go%. 3. Compare cost estimate with current financial realities and priorities. 4. Refine design concepts based on input received. 5. Present the above to the approving body or agency DESIGN DEVELOPMENT - Design development documents will be based on the approval of the schematic design and budget. CITY `,.F PALM GES:z- GENERAL ARCHITECTURAL SERVICES ADRIAN•GAUS 7 WORK PLAN / MITHODULO6Y SECllON JV 1. Develop design development documents describing all aspects of the project and its sys- tems including: ■ Architectural plans, sections, and elevations ■ Structural engineering • Mechanical engineering • Electrical engineering z. Outline specifications. 3. Identify major materials and systems and establish levels of quality. 4. Hold regular consultant coordination meetings and protect sustainabiiity priorities 5. Authorize preparation of a third party design development construction cost estimate at 50% design development. 5. Compare cost estimate with current financial realities and priorities 7. Perform value engineering as required. 8. Authorize third party constructability review. g. Present to the approving body or agency. CONSTRUCTION DOCUMENTS - After design development documents have been approved, the following construction documents will be prepared: i. Architectural Drawings: Title sheet; site plan, floor plan(s); reflected ceiling plan(s); interi- or elevations; schedules for doors, windows and finishes; demolition plans; construction notes and legends; details for framing, Ceiling, finish work or other architectural elements; specifications. z. Structural Drawings and Calculations: Analysis of floor, wall and roof framing systems; analysis of seismic and/or shear walls; framing details, notes, legend and specifications. 3. Mechanical Drawings: Mechanical plans and calculations, plumbing drawings and calcu- lations, fire suppression system drawings, energy calculations, details, equipment sched- ules, notes, legend and specifications. Cil, OF PALM DIFSE� GENERAL ARCHITECTURAL SERVICES ADRIAN•GAUS - 8 WORK PLAN 1 METHODOLOGY SECll4r11Y 4. Electrical Drawings and Calculations: Power plan, fighting plan, signal and alarm plan, sin- gle -line diagram, fixture schedule, notes, legend and specifications. 5. Authorize final third party construction cost estimate at 50% Construction Documents. 6. Compare cost estimate with current financial realities and priorities. 7. Perform value engineering as required. 8. Review with the Client to finalize products and finishes. g. Authorize final third party constructability review. 10. Finalize project specifications. 11. Submit for plan check approvals. 12. Present to the approving body or agency BIDDING - Bidding phase services will consist of the following: 1. Assist in issuing notice forbids. z. Answering questions during bidding. 3. Assist in issuing of addenda. 4. Assisting with bid opening and evaluation of bids. CONSTRUCTION ADMINISTRATION - Construction administration services consist of the following: 1. Weekly site visits to ensure construction proceeds as intended. 2. Shop drawing review 3. Clarification drawings 4. Process payment requests 5. Answer construction related questions 6. Negotiate change orders 7. Prepare punch list and project close-out documents `_ PALM DFSE= GENERAL ARCHITECTURAL SERVICES ADRIAN• G A U S 9 REFERENCES CITY OF HERMOSA BEACH ■ Ells Freeman, Superintendent 310.381.0239 efreeman@hermosabch.org Ken Reamey, Former Project Manager 310.902.1558 kenbos@gmail.com Various Projects for the City of Hermosa Beach TOWN OF APPLE VALLEY ■ Tina Kuhns, Adminstrative Analyst 760.240.7000 tkuhns[u@applevaliey.org Design for 17,500 SF Public works yard in- cluding maintenance facility, stores facility, administration building, Hazardous waste fa- cility vehicle wash bays and outdoor storage CITY OF GLENDALE ■ Kevin Todd, Director of Facilities 818•548.3945 ktodd@glendaleca.gov _S.E C DON N CITY OF GLENDALE / TUFENKIAN PRESCHOOL ■ Emil Tatevoisan, Former project manager/ current board member 310.381.0239 emiltatevosian@gmaii.com Various projects for Glendale and currenity Master Plan for Tufenkian Preschool REAL JOLIRNEY ACADEMIES ■ Anna Olvera, Owner's Representative 808.482.4878 annaolvera@me.com Design for renovation of former 11o,000 SF Kmart into a state of the art Charter School CITY OF COMMERCE ■ Beatriz Sariamento, City Librarian 323.722.666o ext. 2217 beatrizs@ci.commerce.ca.us Design for lo,000 SF Central Library Includ- ing, stack areas, reading area, technology center, youth area, meeting rooms, chil- dren's library and lounge. CITY CF PALM DE:E. GENERAL ARCHITECTURAL SERVICES ADRIAN•GAUS-F_",'ECTS 20 SAMPLE PROJEPTS APTE N-DIX -A TOWN OF APPLE VALLEY Public Works Facility 1. Vehicle Maintenance Facility z. Stares Facility 3. hazardous Waste Facility 4. individual Shops 5. Administration Building - GENERAL ARCHITECTURAL SERVICES ADRIAN•GAUS '- 11 SAMPLE PROJECTS AP-PENDtX-A CITY DE PASADENA Rose Bowl New Locker Facility 1. Entry Plaza 2. Locker Detail 3. Locker Room 4. View From Restroom 5. Media Center CVtY OF PALM ❑ESER` GENERAL ARCFIITECTURAI SERVICES ADRIAN•GAUS ARCHITECTS iz SAMPLE PROJECTS -_ - 0 CITY ❑F GLENDALE 1. Civic Auditorium 2. Council Chambers 3. Development Services Building 4. GWP Training Center 5. City Hall Lobby b. Council Chambers Renovation APPENDIX A 4 CITY OF PALM DESE= GENERAL ARCHITECTURAL SERVICES ADRIAN•GAUS 14 SAMPLE PROJECTS _ _ _._ _ APPEND-X.A CITY OF HERMOSA BEACH 1. Clark Building z. Public Works Facility 3. Community Center 4. Senior Center -^ Fni" GENERAL ARCHITECTURAL SERVICES AARIAN•GADS L4._ -• ' '-" 13 SAMPEE PR0JECTS CITY OF HERMOSA BEACH PUBLIC RESTROOMS 1. South Park Restrooms 2. Fort Lots-o-Fun Park Restrooms 3. Seaview Parkette Restrooms 4. Clark Field Restrooms 5. Beach Restrooms __ APPENDJX A GENERAL ARCHITECTURAL SERVICES SAMPLE_PR0J_E.CIS. CITY OF SANTA MONICA PUBLIC RFSTROOMS 1. Marine Park Restrooms 2. Hotchkiss Park Restrooms 3. Ocean Front Beach Restrooms APPENDM-A z C;Tr C F PALM UE�-L^ GENERAL ARCHITECTURAL SERVICES ADRIAN •GALIS ARCHITECTS 17 P H 0 P 0 5 A L DN - CALL AHCHITECTHR E 5EAVICE5 N0VEMBER 07.B01B 5 0 0 0 A L E ARCHITEETURE PHILOSOPHY: CIVIC ARCHITECTURE A P P P O A E H This studio takes civic architecture - at any scale - to be a privileged responsibility, requiring vision, political understanding, and practical problem -solving experience. Taxpayers and their elected officals - of almost all American cities - are famously cautious to authorize expenditures on environmental improvements, and,.when they do, have high expectations for creativity, process, and outcome. With over 30 years of experience in civic architecture, David Goodale, AIA, brings a keen understanding that his role requires watchful stewardship of public funds and careful listening to a diverse body of stakeholders, It requires a comprehensive understanding of building and zoning codes, and of building construction. At the same time, the civic architect must be able to grasp the highest design potentials of the city he/she is serving, and have an ambition to realize those potentials, adding both environmental value and beauty to the life of the city, David's experience with civic building types includes the design of city halls, libraries, community centers, fire and police stations, parks, corporate yards, streetscape, parking facilities, storefronts, and environmental graphics. To interactions with city councils, community groups, and city staff, he brings a demeanor that is civil and good-natured, while doggedly pursuing clarity and honesty in representing a project's challenges and opportunities. He continues to find and show the deepest respect for citizens and staff who take the public life seriously and who try to impact the future of their cities. F_ cil, PROJECT TASK PLANS � ---i Having reviewed the City's RFP, this studio would advocate that each project be preceded by the architect preparing a task plan - indicating Consultant effort required, number of anticipated meetings; staffing and anticipated hours required for every phase and task of the work; and project schedule. Such a task plan allows both City and architect to understand each other with some precision regarding the scope of the work. It provides a road map for proceeding that - should contingencies require task and fee refinement (up ❑r down) - the comprehensiveness of detail allows a mutually fair adjustment. Integral to the task plan is the assumption that - especially during the concept/design phase - multiple options should be roughly delineated to both clarify and expand the solutions to design problems. These will be presented to staff - along with the pros and cons of each option. ARCHITECT AVAILABILITY / CAPACITY The current workload of Goodale Architecture Planning is limited to a modest on -call agreement with Temple City`, and the concept design © phase of an urban park for the City of Camarillo's Old Town. Though a C A F A C I T Y sole proprietorship with two dedicated staff members, we have a consulting relationship with neighboring architects, Tam Studio, and ongoing access t❑ trusted free-lance staff and interns. ' Projects have included design of a city parking lot/bioswale; downtown streetscape beautification program; concept options for a city -owned downtown site; and design/documentation for city entry sign monument. 2 David Goodale A]A Professional Experience RESUME GOOUALE AHCHITECTURE PLANNINE Goodale Architecture Planning, Pasadena I Principal ...... ........ C u r r e n t Missing Middle }lousing Competition Streetscape, Signage, Public Parking Improvements Vancouer Urbanarium, 3rd Prize Award City of Temple City Gonzalez Goodale Architects, Pasadena I Design Partner.............1989 - 2017 University of La Verne Caltech University Campus Center Student Center Westlake Village Civic Center Mt San Antonio College Student Services Center Mt San Antonio College Performing Arts Center Robert F Kennedy Schools Pasadena Water & Power West Hollywood Fire Station 7 Diamond Bar Community Center Legacy International Middle School 61 S Fair Oaks Mixed Use Flemings Restaurant Pasadena La Salle High School Master Plan Various Mufti -Family Housing Projects Culver City City Hall Caltech University Fire Station #33 Rowland Heights Community Center Glassell Park EEC Arcadia Fire Station 105 Somis School LADOT Dart Facility Paseo Colorado Mixed Use Westside YMCA GGA Studio Renovation 85 W Green Street Mixed Use Various Mixed Use Projects Arthur Erickson Architects................,.................................................1976 - 1989 WZMH Architects Luckman Associates Gruen Associates H i g h e r E d u c a t i o n M Arch / University of Michigan.....................................................1974 - 1976 8 Arch / University of Michigan....................................................1968 - 1973 Executive Ed Certificates / Harvard GSD......................................1995 - 2009 S e l e c t e d Awards Prototype Academic Building i 1st Award 2010 LAUSD National Open Competition Newport Beach Civic Center 12nd Place 2008 Invited National Competition Seattle Infill Housing - 2nd Award Progressive Architecture publication international Middle School 11st Award 2014 LAUSE] ❑esgn Build Competition Robert F Kennedy Schools I Honor Award Pasadena Foothill AIA Pasadena Water & Power I Merit Award Pasadena Foothill AIA Mt SAC Student Services I Merit Award Mt SAC Performing Arts I Honor Award Arcadia Fire Station 105 i Merit Award Culver City City Mall I Award/Exhibition Pasadena Foothill Chapter AIA Chicago Athenaeum Colton Senior Housing - 3rd Award Norwalk CT Housing - 2nd Award Missing Middle Competition Vancouer Urbanarium, 3rd Prize Award 773 5 MAAENG9 AVE #2 AACHITECT LEER AP 626 379-975H PA5AOENA CA 91106 0AVIBeGOO DALE AACH.COM www.goodalearch.com 3 RABBEN HERMAN DESIGN OFFICE LANDSCAPE ARCHITECTURE CONSULTANT gill Rabben and I collaborated directly on design H 15 T C N Y through construction on the following projects, Culver City Civic Center (1), Westlake Village Civic Center (2), Arcadia Fire Station (3). KPFF CIVIL ENGINEERING I have previously collaborated with KPFF on two built projects - Pasadena Water and Power Building, and the Diamond Bar Community a Center. Bill Rabben, our proposed Landscape Architect, has found a functionally and aesthetically successful collaboration with Ali Khamsi (KPFF Civil Engineer) on a number of recent projects. KHALIFEH & ASSOCIATES MECHANICAL, ELECTRICAL, PLUMBING, LOW VOLTAGE, AV Jack Khalifeh and I have collaborated on the Monrovia Library (4), the Rowland Heights Community Center (5), and the University of La Verne Campus Center (6). HLB LIGHTING DESIGN I collaborated with HLB on both a public park and theatre - RFK Community Schools (7). 4 5 F 7 © ESTIMATING, SCHEDULING, AND SPECIFICATION WRITING TECHNICAL Goodale Architecture Planning brings established skills and current SUPPORT resources in the above disciplines, as well as access to previous consultant collaborations. aDRAFT CITY AGREEMENT: RESPONSES CITY Our professional insurance agent recommends the following AGREEMENT revisions: SUGGESTED REVISION FOR 3.5.6.1: To the fullest extent permitted by law, Consultant shall +.il.:/c„u, indemnify and hold the City, its directors, officials, officers, and employees, free and harmless, but not defend, from any and all liability for damages - - including injury of any kind, in law or equity, to property or persons, including wrongful death, but only to the extent actually caused by the negligent,'. 11. , , 1, "V � —. ; '.. -.r ege91 acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, i t,W II4II IW_V I k ILI 1 4 •I ICI I4 J`I �4 YJ 1..111\.1 4�aVl i ly�J I'V VJ 411U 1/L1141 I LII�LL►JI Notwithstanding the foregoing, to the extent Consul- tant's Services are subject to Civil Code Section 2782.8, the above indem- nity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that are actually caused by „u. , /, ,., , L - 1'. L4 , the negligence, recklessness, or willful misconduct of the Consultant. 3.5.6.2 1 recommend omitting this additional indemnity as it is not clear to me of its intent. 3.5.6.7 is your indemnity for professional services. If the in- demnity in 3.5.6.2 is for matters other than the performance of professional services, it should clearly state that. ® GOODALE PROFESSIONAL REFERENCES SEFESEUCES Bryan Cook, City Manager, Temple City 626 285-2171 (On -Call Architecture and Planning Services) Ray Taylor, retired City Manager, Westlake Village, 805 379-0225 (Full Service Design Westlake Village Civic Center) Sandra Gonzalez, Dir. Community Services, Placentia 714 993-8232 (Long Beach El Dorado Nature Center and Leeway Sailing Center) Jim Cowell, Director Facilities, Caltech University (626) 395-4464 (RFK Community Schools and Caltech Student Center) 6 UNLOCKING CIVIC IMPROVEMENTS Smaller -scope design studies can pave the way to unlocking larger civic initiatives that creatively leverage resources. rands Beaut:f+ca: a C.'; :ect of RecorLl _J ea Goo. '= CONCEPTUALIZING IMPROVEMENTS Phasing, budgeting, and visualizing conceptsfor new civic conditions (e.g. streetscape,density, etc.), can bring a comfort level to city council and citizens: that designed change willprovide value, and will bring an obvious and dramatic benefit to the city-s daily public life. PaSaaena Water d Power Offices Re•Purpose.7 ^oce 4•chitecr o" Record rL7^2'a:PZ Goocri!e Arc• .•rs SCRUTINIZING ADAPTIVE RE -USE In considering adaptive re -use for civic facilities, the due diligence of a preliminary conceptualstudy can help determine or assure project feasibility, (researching code entitlements, building systems. space program, geometry). without the risks of a full project commitment - Eaa0ALE ARCHITECTURE Role in All Proieets Shown. Design Partrer/Design Directo• for Architect of Record. Gonzalez Goodale Architects From roc+ Ltesr'ake t �ltage cewc center Pasadena Warm d Pawn pPs ❑rd-Qo d Bar Commvmty Crr monrovra Marn Library Culver city G:ty HWy Rowland Hts community Ctr Atudw Are Statlaq Abalone Cove mature Center, Rancho Palos Verdes ArcnWect of Record Gonzalez Goodale Arch,tects PRELIMINARY DESIGN STUDIES At times, very abbreviated concept designs are required for a civic project that mignt not justify a full RFQIRFP (for example, recently, applications for state bond funding for libraries and nature centers). With a disciplined work plan, these conceptual projects can be implemented attentively, expeditiously, and economically. s ;�, K �,,, ow b[N rf aaa Mexico, Lynacoo Aechirect of Record Gonza+ex Goodaie Arch,tecrs CIVIC PROPERTY PLANNING OPTIONS Under-utilized, inefficient city sites, (e.g. surface parking lots, over -sized rights -of -way, vacant lots, etc.), can - with vision - improve the quality of a city's residential, commercial, and public life. Exploring and re -visioning these conditions can motivate civic dialogue and improvement. 0000ALE ARCHITECTURE Role in All Projects Shown Design Partner!Des�gn Director for Architect of Record, Gonzalez Goodale Architects From top %IODFPNIZ.Ar+CIVS tc Caumy Mental Ffeartn f21 Brea Council chambers TL--,De C,ty Parkrrlg / 8 oswe+e Long Bach sa,i,ng Cenu-e Sun valley senor center South oasedens Mwed Use Scuare J!Jy_+d a gouda lea rch.c em APPENDYX ■ SAMPLE DETAILEI TASK PLAN .FORTS 11IZL;1UXC PLAPNVINU GDaW MCMTEME PLANN2HG 0612512018 LEI PA" I AD** j CL"" 8 81 3 i 2; 1 r; 101 a r 2 8; 4 { 4 E 3: 1 �s 2 4; s 8; f 7 3 2; ] 4 191 12 3 9 2• i 41 3 41, i 2 51 61 4! 5 I10 i 351 16 I 9 �'a1 hours tenses (printing, plotting, boards) D) BASE RUMP SUM FEE PROPOSAL* ROUNDED PHASE TOTALS $2,000 $6,000 $2;000 $11;000 $800 $11,8001 ar HERMANN €3ESiC") NOVEMBER 27, 2018 7789? Wolf Road, Suite 102 Palm iDesed, California 92211 ON -CALL PROFESSIONAL (760) 777-9131 ARCHITECTURE DESIGN (760) 777-9132 SERVICES PROPOSAL TRANSMITTAL LETTER -if STATEMENT OF QUALIFICATIONS 01 PROJECT TEAM 02 WORK PLAN 03-04 APPENDIX • RELEVANT PROJECT EXPERIENCE -�� REFERENCES • ORGANIZATION • HOURLY RATE SCHEDULE TRANSMITTAL LETTER November 27 2018 Colo L Gaugush M anogen►ent Specialisl 11 City of Palm Desert Department of Public Woo. 73-510 Fred Waring Drive Pc-JItf 1 pry ;;til+ ' ^7' Rn 7` RE: ON -CALL LANDSCAPE ARCHITECTURAL DESIGN SERVICES Dear Ms. Gaugush: On behalf of Hermann Design Group (HDG) I am pleased to present this proposal to provide on -call landscape architectural services to the City of Palm Desert for a variety of projects. Our team has been working with the City and its various boards, commissions and City Council for many years on a full -range of projects. We have the experience required to move your projects through the public process and provide you with landscape architectural services on an on -call basis. If selected, the scope of our services will include generation of plans, specifications and estimates for various projects on property owned or maintained by the City of Palm Desert, Of particular interest to the City may be that we have worked closely in recent years with the City of La Quinta to design the Desert Efficient and Desert Oasis landscape themes that have a variety of water consumption categories. We have created the five-year plan far the Landscape and Lighting District in North Lo Quinta and have successfully completed those projects on -time and within budget. HDG is a multi -disciplinary landscape architecture and planning firm that specializes in park planning and municipal projects. We are recognized as a leading landscape architecture firm with offices in Palm Desert and Riverside that serve the entire Inland Empire. As a company, we have over 20 years experience designing in the Coachella Valley. Our staff has a very good working relationship with the other local agencies that would potentially be involved in City of Palm Desert projects, specifically CVWD and the Riverside Agricultural Commission. In addition. we understand the design and planning process required to meet the consistenf level of quality required by the world-renowned City of Palm Desert. When the City asks us to engage neighborhood groups to build consensus through workshops and town hall style meetings, we will be there: our offices are only fifteen minutes away from City Hall. As principal -in -charge for the City. I will guide the design process from inception to completion as the primary point of contact. We have reviewed the RFP, and we are confident our firm can provide you a superior level of service. If you have any questions, please feel free to contact me via my office at (760) 777-9131 or my cell phone at (760) 774-5070. My email address is Chris@hdg-inc.com. We look forward fo providing our services to the City of Palm Desert. The proposal will remain valid for 60 days from the due date of the proposal. Best regards. HERMANN DESIGN GROUP. INC. E. CHRIS HERMANN, ASLA CLARB CERTIFIED LANDSCAPE ARCHITECT PRESIDENT/CEO 89'� WOLF ROAD St!11E 102 PAt M DESERT CAI, IFORNIA 92211 '60) 177 9131 PHONE (7601 777 9132 FAX _ m .-O Z Z 0 M cn 0 Z 0 70 0 C 1) STATEMENT OF QUALIFICATIONS HERMANN DESIGN GROUP Incorporated 09 IC alltornfa 5 Corper��t or�I Offices in : , Desert & Riverside Staff In Fill'. Tinlo Fmployees Hours of Operation ' nday Friday 8-.00 o.m to 5-00 F, w Formerly Hermann & Associates (Sole Proprietorship 1995-2009) President/CEO Hermann Design Group, Inc. was founded in 1995 in Palm Desert, California as Hermann & Associates. Our founding philosophy was to create a firm by which we are able to work on unique projects and allow for Mr. Hermann to lead the design process and build relationships with clients that will last for a lifetime. We evaluate the distinct needs and desires of our clients through creative thinking, and we provide the right solutions for individual projects. Our design solutions always consider the sustainability of our valuable environment. We have extensive experience designing projects that are LEED certified and include sustainable practices. Our team has worked on projects for a number of public agencies including CVAG. CVEP, the Counties of Riverside and San Bernardino, and most of the Cities in the Coachella Volley. Hermann Design Group provides a wide range of landscape architecture and planning services to assist public agencies and private developers in the design of public spaces and facilities, including; Parks - Regional. Neighborhood. Community Memorial Trails and Interpretative Sites Sports Facilities Golf Courses Natural and Historic Sites C omrnercial/Re tail/l ndu strial Hotels 11 Hospitals Master -Planned Conin-«nit+es Creative Signage & way Finding Placemaking Experiences Interpretative Landscape Design Hermann Design Group is a healthy firm financially with no issues that would affect our ability to complete our obligations to our clients. We are profitable and strategic about our growth so that we will remain a successful enterprise. Additionally, Hermann Design Group certifies that the firm and its principals are in good standing with all licensing boards and is eligible to contract with any federal, State or local public agency. m z 0 M Cn 0 z a C 1 i 031 ISM I;fINTAI CHRIS HERMANN, PRESIDENT Chris is a graduate of the Pennsylvania State University and has over 30 years of experience resolving the challenges of designing in the Inland Empire and desert environment, and he is a CLARB Certified Landscape Architect. Before moving to the Coachella Valley in 1994, he was a principal at RHA Landscape Architects -Planners, Inc, in Riverside, a firm he had been with for nearly ten years. Chris will be the principal in charge on all City of Palm Desert projects and our client relationship manager, KRISTIN HERMANN, MANAGING DIRECTOR Kristin heads up our quality assurance program and coordinates the various aspects of each project, She served as the construction administrator on the Rancho Mirage Community Park Expansion. acting as a liaison between the City and the contractor from bid opening through final walk through. Kristin will provide plan checking, specification writing, bid document preparation, and construction administration of BFI's and submittals. JOSE ESTRADA, VICE PRESIDENT Jose is a graduate of Cal Poly Pomona with a degree in londscape architecture and has focused his career on irrigation design. He has been an integral part of Hermann Design Group since 1999. He has established himself as an expert in irrigation design and water auditing. His extensive experience in the preparation of construction documents and field work experience allows for a complete design process from the schematic level to final design. Jose is bilingual, speaking both English and Spanish, malting him invaluable in the field, as well as instrumental in translating during public input workshops or community meetings. He is located in our Riverside office and will serve as irrigation designer for the City. ARMANDO "OPUS' GARZA, ASSOCIATE Opus has been associated with our firm since 2012, and he is an associate of our firm and our senior designer. He has been designing for over 13 years, and has been the lead designer on the City of La Quinta L&L work. His largest project fo date with our firm was as a designer on the Rancho Mirage Community Park Expansion. Opus is a graduate of Cal Poly San Luis Obispo with a degree in landscape architecture. He is responsible for design collaboration, working drawings, and field observation services. M 2 z 0 M Cn 0 7 0 C / 02 L_ I— NATURAL PLAY ELEMENTS _CREATIVE SIGNAGE AND WAY FINDING BIO-SWALES & ON -SITE WATER RETENTION __STREETSCAPES AND ENTRY DESIGN WORK PLAN R amp Hermann Design Group will be available on -call to meet with the City and provide a scope of work for each assignment. After an initial scoping meeting with City staff, we will prepare a project proposal that describes the scope of work and a detailed fee breakdown illustrating hourly rates, personnel assignments and hours to complete the work based upon pre -approved fee schedules. A project schedule will be developed for each project which accommodates time for Staff review and City Council approval, The design process will be fluid and provide for opportunities to have both staff and neighborhood input whenever necessary, The format of these meetings will be discussed and a strategy plan put together to make sure that the topic is clear, direction is focused and the outcome predictable to move the design forward. The goal will be to make sure that the community knows that the City has pre pored the most strategic, creative and cost effective solutions for the long term maintenance of these landscape areas. Cost estimating will be done in-house because we are familiar with the current bid climate and have built relationships with the landscape contractors who would install this work. Value engineering recommendations will be made to bring projects within budget if neceS5ary. Upon approval of a design and the budget, we will provide clean and easily biddable construction documents. In house services include program development, design, and construction drawings for site furnishings, play areas, hardscape, landscape, technical studies/ specifications, project budgeting, and irrigation. Additionally, Hermann Design Group will provide field inspection/observation services as needed to ensure installation and maintenance is in accordance with the design policies and standard plans. ww M Z z 0 M Z 0 70 0 C / 03 Our design approach will involve close communication with the City of Palm Desert. We will work to maximize each design area's potential for improvement in design character, theme and maintenance. Our staff's familiarity with the City, local presence and experience with working through all aspects of projects allows us to work quickly and efficiently through the design and approval process. The following is a general outline of our approach for each project; Maintain close communication with City staff throughout the project. • Meetings Meet with Staff as required during the project. • Consultants - We will bring consultants on to the team as needed. • Correspondence - Weekly correspondence will be kept via email or telephone to communicate project critical path items, status end updates- 02 Clearly define project goals. 03. Apply proven design/problem solving processes. 04 Develop conceptual plans with City staff as required. 05. Prepare and evaluate opinion of probable construction cost estimates to be compared with project goals. 06. Evaluate alternative methods, techniques, and materials. • Creativity • Infrastructure Review/Adjustments • Maintenance Staff Input • Water Efficient Irrigation Systems • Defining/Limiting Turf Areas • Cohesive-Hydrozone Conscience Planting Concepts Our experience in the design of public places has shown us that the designer must constantly consider the following: ,-i- Can the project be maintained? r, Are the facilities and structures resistant to potential vandalism? Is the project efficient in design and construction? This approach will assure the City of an outstanding project each and every time we work with you. -W. T- M Z7 Z Z U M cn Z 0 .Z7 0 C 0 APPENDIX m z Z U m cn Z G� 0 C / 05 EXPERIENCE RELEVANT PROJECT EXPERIENCE RANCHO MIRAGE COMMUNITY PARK EXPANSION AND AMPHITHEATER CLIENT CITY OF RANCHO MIRAGE CONTACT BILL ENOS - 760.770.3224 COMPLETION DATE- FALL OF 2015 The goal for the Rancho Mirage Amphitheater was to develop a memorable venue for a variety of performances that did not detract from the existing experience of the park. To accomplish this, the amphitheater nestles into the site to take advantage of local mountain views. The stage and lower bowl seating area recess below grade, allowing the visible scale of the venue to be respectful of the neighborhood. Intruding landscaping material, specimen trees and a building design that emerges from the earth tie the architecture into the park setting the atmosphere. The result; a space that functions as both amazing park space and performance venue. W. m Z Z a m Z 0 C EXPERIENCE RELEVANT PROJECT EXPERIENCE 6 CITY OF LA QUINTA - NORTH LA QUINTA LANDSCAPE AND LIGHTING DISTRICT CONTACT. HAG prepared a five-year plan If turf removal and landscape improvements in the North La Quinta Landscape and Lighting District. Approximately ten acres of turf will be removed saving Bryan McKinney, over 25,373,049 gallons of water per year For median and City Engineer parkway areas surrounding 1 1 communities. The total project City of La Quinto budget inclusive of all soft costs is $10,000,000. 78495 Calle Tampico Existing trees that were healthy have been preserved using La Quinta, CA 92253 an irrigation technique that has proven 100% successful in the (760) 777-7045 desert heat where trees were accustomed to surface water bmckinneys from turf and converted to deep watering. All shrubs were loquintaca.gov placed on Individual drip emitters and flow sensors, master valves, and the Rainbird 10 system for controller programming. Both cellular and radio service are used to daisy chain the controller together for control by the City. The landscape design utilizes a "desert oasis" palette and plant spacing is grouped for easier maintenance, The creative use of three rock sizes and colors with boulder accents creates interest, contrast and movement in the ground plane. For every three trees removed, a new tree was installed. Median design included the used of date palms to enhance neighborhood entries and create a cohesive connection to surrounding streets. The project required research of all existing utility providers, applications for turf removal rebates from the wafter district, and surveying existing conditions in the field to establish demolition and removal plans. In addition to design and working drawings, the City required HDG to prepare all City bid documents. bid schedules and provide field observation services. Please see the next two pages for examples of two of these City of la Quinta L&L projects. M Z Z 0 m Z 0 X O C / 07 EXPERIENCE RELEVANT PROJECT EXPERIENCE WASHINGTON STREET PARKWAY AND VIA SEVILLA MEDIAN CLIENT BUDGET ACTUAL BID CONSTRUCTION SCHEDULE BEFORE CITY GE LA QUINTA $176,000 $122,350 90 DAYS m Z Z 0 m cn Z G� O C 0 EXPERIENCE RELEVANT PROJECT EXPERIENCE ACACIA PARKWAY, MEDIAN AND RETENTION BASINS CLIENT BUDGET ACTUAL BID CONSTRUCTION SCHEDULE BEFORE CITY OF LA QUINTA $545,975 $488,870 90 DAYS AFTER 1 " " pr, m Z D m cn 0 Z 0 70 0 c / Oy EXPERIENCE RELEVANT PROJECT EXPERIENCE MILES AVENUE PARK CLIENT CITY OF INDIO CONTACT TIM WASSIL - 760,625,1801 COMPLETION DATE 2017 Hermann Design Group provided the City of Indio with a master planning process that engaged the community in the design of their community park in downtown Indio. Written needs assessment surveys were created by HDG and distributed throughout the community, a Facebook page was set up and several community workshops were organized to ensure full support of the project. The community identified the need for additional lighted sports fields, walking traits and picnic shade structures. Additionally, the following elements were on fhe list of needs: skate park. fitness stations, amphitheater area, meditation garden, additional parking, pickleball courts, shuffleboard, dog park, train exhibit. new play area and splash pad. Phase one of the project was completed in 2016 on -time and within budget. MW z m z z 0 M G7 Z 0 /a O C EXPERIENCE RELEVANT PROJECT EXPERIENCE HRPP GRANT PARK RENOVATIONS - INDIO C`IRlQ111 BUDGET ACTUAL COST CONSTRUCTION SCHEDULE CITY OF INDIO $1.125 MILLION $1.059 MILLION 90 DAYS In 2015, the City of Indio received on HRPP grant to renovate three existing parks (Burr Park, Dr. Correon Park.and Hjorth Park) and construct a new dog park on Golf Center Parkway. Hermann Design Group is proud to have been selected to assist the City in this endeavor, providing design services for new ADA-accessibte play areas at all three parks to be renovated, a fitness frail and fitness stations at dr. Carreon Park, a new parking lot at Burr Park, and a one -acre dog park that includes both small and large dog spaces, shade structures, site furnishings and solar lighting. DR. CARRECN DR. CAK*EQN HJCRTH PARK DOG PARK EXPERIENCE RELEVANT PROJECT EXPERIENCE CV LINK, COACHELLA VALLEY CLIENT CVAG CONTACT TOM KIRK - 760.346.1 127 COMPLETION DATE PHASE ONE CONSTRUCTION UNDERWAY The idea driving CV Link is to build a NEV (Neighborhood Electric Vehicle), bicycle, and hiking path along the existing Whitewater River as cities allow it. The roughly 50-mile path will connect ❑esert Hot Springs to Palm Springs, continuing through the Coachella Valley to the Salton Sea. For this project, we developed conceptual designs and imagery to portray projected uses of the parkway throughout the Coachella Valley for CVAG. Our design concepts were deveioped using a mixture of on -site photography and 3D model generation to give a realistic simulation. HDG is engaged with the team responsible for the master planning and development of this unique valley -wide parkway, and we ore currently working on the construction document phase of this exciting project. r7 REFERENCE LIST Bill Enos CITY ENGINEER City of Rancho Mirage 69-825 Highway 1 11 Rancho Mirage, CA 92270 760.770.3224 bille@RanchomirageCA.gov Vicki QI#ean DIRECTOR • PARKS AND RECREATION City of Palm Springs 401 South Pavillion Way Palm Springs, CA 92264 760.323.8277 vicki.oltean@polmspr'ingsca.gov Greg Bacon SENIOR PROJECT MANAGER County of San Bernardino Special Districts Dept 157 W 5th Street, Second Floor San Bernardino. CA 92415 909.387.6076 gbacon@sdd.sbcounty.gov Bryan McKinney CITY ENGINEER City of La Quinta 78495 Calle Tampico La Quinta. CA 92253 760.777.7090 bmckinney@laquintoca.gov Tim W assil PUBLIC WORKS DIRECTOR City of Indio 100 Civic Center Mall India, CA 92201 760.625.1801 twassil�§indio.org REFERENCES 101 PROJECT/TIMELINE ON CALL SERVICES 2016 f RESEN1 RANCHO MIRAGE COMMUNITY PARK EXPANSION AND AMPHITHEATER 08.13 08.16 - DOG PARK AT VIA VAIL • PRELIM 04.14 - 05.15 CERRITOS PART( INFIELD 09.14. 01.15 DEMUTH PARK CONCEPTUALS 05.14 - 07.14 WHITEWATER SOCCER PARK 04.13 - 06.13 PALM SPRINGS SKATE PARK 02.13 - 05.13 ON -CALL LANDSCAPE ARC HITFrT 07,13 - 07,18 ON CALL SERVICES 2015 - PRE__... CALLE TAMPIC0 IMPROVEMENTS 10.12 MAIN STREET IMPROVEMENTS 10.12 - 1, AVE 52 SUSTAINABILITY 12.14 - 3.15 AVE 52 ROUNDABOUT 1.12 - 9,13 AVE 58 IMPROVEMENTS 8.09 - 10.19 1.13 13 VARIOUS PARK UPGRADES 2018 MILES AVENUE PARK -PHASE 1 2016-2017 MILES AVENUE PARK MASTER PLAN 2016 HRPP GRANT PARK RENOVATIONS 2015-2016 _ m z Z a m cn �i z 70 0 C a / 14 APPENDIX ORGANIZATION CHART Hermann Design Group can serve the City efficiently and with an impressive array of knowledge. Our experience, current work in the community, and recognition for outstanding design make us uniquely qualified to assist the City. The management team for the City consists of Chris Hermann, Principal -in -Charge, Jose Estrada, Irrigotion Designer and Opus Garza, Associate. Chris is a licensed landscape architect with 38 years experience and a proven agility to successfully work on projects requiring a multi -disciplinary team approach. A very important difference between our firm philosophy and many other design teams is principal involvement. Mr. Hermann will be personally involved in all aspects of the assignments given to the Hermann Design Group. and Opus Garza will serve as project manager. Mr. Estrada will be involved in all aspects of irrigation design. The principals are the people you see and talk to - the ones doing the work. This eliminates communication problems between the City and the consultant. CITY OF PALM DESERT 0 M 20 Z Z 0 M Z 0 C V 15 APPENDIX - RESUMES C E RTI FIC ATI ON S 1 LIC ENS ES: CLARB Certified Landscape Architect #40888 California Lic. #2754 Arizona Lic. #54352 Certified Playground Safety Inspector No. 41236-0421 REPRESENTATIVE PROJECTS City of La Quints On Call Services 2015 - Presen� City of Rancho Mirage On Call Services 2016 - Presen I County of San Bernardino Special Districts On Call Services 2013 2018 Rancho Mirage Community Pork Expansion & Amphitheater City o1 Ran( , Miles Avenue Park Master Plan City of Inrlu CVUnk Landscape Design CVAG 1 Alta SiiverRock Venue Site Master Plan City of La Qul(itc Sycamore Academy Wildomar. CA HRPP Grant Parks City of Indio Virada Specific Plan Indio Hills CA Ivey Palms Specific Plan Thousand Palms CA La Colonia Park Cify of Coachella la Quints Wellness Center La Quinta. CA Seasons 1 Pioneer Dog Park i a Quints CA C:HRIS HERM/-\NN RLAIASLA, PRINCIPAL IN CHARGE Chris, a graduate of the Pennsylvania State University. is the founder of Hermann Design Group. He has designed and overseen the construction of public and private development projects throughout his career. He has over 25 years of experience working in the Coachella Valley and has been a resident for 19 years. In 1983 he started the landscape architecture department for CUH2A, one of the nation's largest multi -disciplinary architecture and engineering firms. He gained valuable experience working hand -in - hand with the civil engineering and architectural departments, solving a variety of design challenges. Before moving to the Coachella Valley, he was a principal at RHA Landscape Architects -Planners. Inc. in Riverside, a firm he had been with for nearly ten years. At RHA, Chris was principal -in -charge of parks, recreation centers, schools, master -planned communities, and other public sector work as well. Additionally, Chris served on the architectural design review committee for the City of Moreno Valley from 1987 to 1993, assisting in the growth and development of that community; he also served as a member of the Moreno Valley Economic Development Commission. Hermann Design Group was founded in. Palm Desert in 1995. During the span of nearly two decades, Chris has worked with the majority of the Cities in the Coachella Valley, as well as the many of the large and small private developers who have operated in our valley. As one of founders of Aunt Effie's Gardens in Palm Springs in 2009, Chris had a unique opportunity to expand his design and horticultural knowledge by "living" with the plant material specified in his projects until the business was sold in the summer of 2013. AWARDS 2012 APWA CV CV Link 2016 APWA CV Ave 52 Sustainability, Lo Quints La Quints Library Improvements Rancho Mirage Community Park 2017 APA IES Award of Merit Virada. City of Indio Z M Z Z 0 M Cn Z 0 7u 0 C 16 APPENDIX - RESUMES JOSE ESTRADA PRINCIPAL PROFESSIONAL HIGHLIGHTS Hermann Design Group 1999 - present Landmark Golf Company RHA Landscape Architects California Polytechnic Institute Bachelor of Science Landscape Architecture 1994 REPRESENTATIVE PROJECTS City of Lo Quinto On -Call Services La Quinto, CA Oakhurst Mission Hills Runc ho Muage CA Rancho Mirage Community Park Expansion & Amphitheater City of Rancho Mirage Pioneer Park La Quints, CA Coachella Valley Housing Coalition Poseo de Heroes R & III Mecco CA Coachella Valley Housing Coalition Tierra Bonita Housing C,00c heliu. C_ A City of Coachella Tierra Bonita Parkway Coachella, CA Olive Crest foundation Coachella. CA Mr. Estrada has steadily assumed positions of greater responsibility and leadership. Starting out as a project designer with RHA Landscape Architects -Planners, Inc. in 1994, he is now principal and vice president of Hermann Design Group, Inc. Jose has been an integral part of Hermann Design Group since 1999, and he heads up our production office in Riverside. He has established a professional aptitude in irrigation and landscape design, and he is able to direct ❑ project at all stages of development. His extensive experience in the preparation of construction documents and field work experience allows for a complete design process from the schematic level to final design. Jose is bilingual, speaking both English and Spanish, making him invaluable in the Feld. This ability to communicate in the field aids in explaining the design thought process, resulting in a more successful installation. Mr. Estrada's ability to work independently and his attention to follow- through make him a valuable asset to any project team. Jose has a wide diversity of experience in projects including: public works projects, commercial, urban development. golf course development and institutional projects, He is an experienced designerof LEED certified projects. He has provided design services for the Cities of La Quint❑. Palm Desert, Rancho Mirage and Coachella. M :C] Z Z M z 0 M 0 C 116 REPRESENTATIVE PROJECTS City of La Quinfa On -Call Services City of Indio On -Call Services Rancho Mirage Community Park and Amphitheater Rancho Mirow CA CVLInk Coachella Valley. CA REPRESENTATIVE PROJECTS University Park Palm Desert CA SilverRock Venue Site W Ouirita, CA Madison Club - Various Residences it CA i APPENDIX - RESUMES airk ARMANDO ''OPUS" GARZA ASSOCIATE _ M Opus joined the firm in 2010 after working for another local firm for over eight years. He is a graduate of Cat Poly San Luis Obispo with a degree in landscape architecture. In his tenure at Hermann Design Group. z Opus has quickly earned additional responsibilities z and leads the team on a variety of projects. Opus combines his understanding of plant material. maintenance, horticulture experience. and natural CM artistic talent with invaluable technical skill, In 0 addition to project management, he is responsible Z for HDG CAD operations and systems management. C) rD 0 EDUCATION C Cal Poly San Luis Obispo 2UU6 13.5. Landsape Architecture CHRIS MARTINEZ DESIGNER Chris recently joined the Hermann Design team, and he is also a graduate of Cal Poly San Luis Obispo with a degree in landscape architecture. His passion for continuing education keep us on the forefront of technology. and he is well on his way to becoming a licensed landscape architect. Chris is bilingual and has landscape contracting experience creating a unique niche for his place on the team. EDUCATION Cal Poly San Luis Obispo 2015 B.L.A.. Landscape Architecture / 18 CFFY OF PALIM DESERT DEPARTMENT OF PUBLIC WORKS REQUEST FOR QUALIFICATIONS ON -CALL, PROFESSIONAL ARCHIT"I:CTURF DESIGN SERVICES ALM DESEF CALIMRNIA EHOLT ARCHITECTURE 13 i t-.: Tuesday, November 27, 2018 So HOLT ARCHITECTURE EM LETTER OF TRANSMITTAL November 27. 2018 Cora L. Gaugush, Management Specialist II City of Palm Desert, Department of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Re: RFP: On -Call Professional Architectural Design Services Hello Cora and members of the Evaluation C:ommirtee: On behalf of Holt Architccture, I am pleased to provide you with this Proposal to provide Architectural Design Services. The following is the requested information from page seven of the RF P. Identification: 1. Legal Company Name: Dolt Architects, Inc., dba (doing business as) Holt Architecture. 2. Corporate [nfo: 70225 Highway 111, Suite D Rancho Mirage, CA 92270 marketing@holtarchirecture.com Office (760) 328-5280 Fax (760) 328-5281 3. Contact info of authorized individual to bind Consultant/ Corporation: Thomas Howell, CEO/President t h owell(4h o f to rc h i tec to re.co m Cell (760) 408-7081 Sub -Contractors (Consultants): refer to pg. 5 1. Civil 2. Landscape 3. Structural 4. Mechanical. Electrical and Plumbing 5. Accessibility c. There were no Addcnda to this RFP. d. This Proposal shall remain valid for a period of not less than sixty (60) days from the submittal. e. Signature of individual authorized to bind Consultant to the terms of any contract resulting in the submittal is provided at the end of this Letter of Transmittal. f. The signature of this Letter of Transmittal attests that all information submitted is true and correct. REQUEST FOR QUALIFICATIONS,, to , Ali t h•,ign Dike: Nmrembcr 27, 20181 PAGE. 1 EN HOLT ARCHITECTURE 00 LETTER OF TRANSMITTAL CONT./REFERENCES Perhaps the best measure of our qualificarinns is that the vast majority of our work comes from repeat clients. Our repeat work is based upon a distinctive combination of cost effective solutions, efficient project execution, and designs responsive to the needs of the stakeholders. Because of our level of service, clients have afforded us experience on a wide variety of project types, sixes, complexities and stakeholder groups. We have been in business for 35-Wears, starting as a Division of the Holt Group in 1983. We have the capacity and inrerest to move forward quickly and efficiently. We welcome the opportunity to meet to further discuss your interests. We look forward to establishing an on -call relationship with you that will extend beyond the terms of this Proposal, as we have with numerous Clients. Sincerely, Thomas Howeil, CLOII'resident Holt Architecture ANNA RODRIGUEZ Organization: Riverside County EDA Phone: 760/863-2537 E-Mail: aarodrigucx@rivco.org FRANK GONZALES Organization: Riverside County EDA Phone: 951 /955-8467 E-Mail: fgonralcs@rivco.org CANDYTHOMAS Organization: City of Fontana Phone: 909/356-7144 E-Mail: cthomas@fontana.org ROB DONNELS Organization: Agua Caliente Band of Cahuilla Indians Phone: 760/275-0708 E-Mail: rdonnels@aguacalicnte.net REQUFST FOR QUALIFICATIONS, 0 In t .,y! , I November 27, 20! 81 I, i( :I .. HOLT ARCHITECTURE FIRM PROFILE 1 COMPANY BACKGROUND Holt Architecture was established in 1983 as the Architectural Division of The Holt Group and branched off as its own entity in 1993. The flan has since grown into a multi -faceted professional architectural firm offering a complete range of architectural, planning and construction administration services for a variety of project types. By specializing in an array of project types, we are able to serve the various needs of our loyal client base. We have established a distinctive reputation based on consistent creative design excellence and efficient project execution. With offices located in Riverside and Rancho Mirage, CA, we are also able to efficiently and effectively serve these clients across a broad geographic spectrum. Holt Architecture serves as ON -CALL SERVICES oroviden for. • City of Indio ■ City of Banning • County of Imperial • City of Fontana • City of Calexico ■ County of Riverside ■ City of Lake Elsinore ■ City of El Centro Is County ofSan Bernardino • City of Moreno Valley • City of Ontario The diverse talents of our personnel, combined with our individual qualifications and experience, allow us to offer the exceptional level of services required by the most discerning client, delivered with a personal touch. We pride ourselves in our ability to change and adjust to the needs of our clients without the administrative bureaucracy sometimes found in larger firms. We're small enough to qualify as a Micro Small Business Enterprise, yet our portfolio boasts projects ranging from minor tenant improvements to major, ground -up multi -story facilities. As a smaller firm, our clients benefit from our highly personalized service and our ability to adjust to the unique requirements of each client and project. Our design philosophy stems from our view that each client and individual project has a unique set of requirements and objectives. At Holt, we snake it our mission to discover appropriate and creative architectural solutions that fully satisfy and express those needs. Our firm is extremely conscious of the environmental and climatic conditions and, in the interest of conservation we incorporate passive and active energy saving systems whenever possible. This philosophy and our successful working relationships have led to a number of repeat clients. Our specific goal is to perform the best possible professional services, striving for design excellence, economy, efficiency and flexibility. We remain strongly committed to the principle that each project must be technically sound, aesthetically pleasing and economically feasible. MHOLT ARCHITECTURE RANCHO MIRAGEPFFI,+CE TV1PM DE OFFICE 7t7225 Highway 1 i 1, uite ii]] 338Jr IV Street Rancho Mira e, CA 92270 Riverside, CA 92501 7601328.5280 951 /462.1451 REQUEST FOR QUALIFICATIONS, t +rr s .ill I'nhlrwon.rl .A tthIte,imv Pci n S n i r-, slur: November 27, 20181 PAGE 3 no HOLT ARCHITECTURE no PROPOSED STAFF - KEY PERSONNEL Thimi,is C. Pry icit F.xc,_m iv . Tom serves as the primary contact and provides coordination between consultants and office staff in detailing drawings and preparing specifications, cost estimating, bidding( negotiation and observation of construction. ✓G9.!t1 Acton Project Art]lltC4t Matt is directl► involved in the design + devel❑ meat of tFie Project I3ocuments from initial concept to final construction. He will provide day- to-day oversight of the Project Team, Project Schedule, and Budget. Jose Dcicon i'roject 11lan.t er Jose's project involvement be ins with Schematic -Design and lasts throe&h Construction Administration. He is responsible for the development of all project - related documents. Jose's detail -oriented a�pp roach is higghly bentFlctal to both clicnts and the Halt Architecture team. EDUCATION ■ Bachelor of Science EDUCATION Bachelor of Science EDUCATION Associate of Science in Architectural Studies - University - Architecture - University of - ITT Tech Institute of Technology of Illinois Michigan, Ann • Master of Architecture - Arbor AFFILIATION Southern CA REGISTRATION NCARBIIDP Institute of ■ Architect: CA Architecture #37028 REGISTRATION • NCARB #624984 • Architect: CA AFFILIATION #31626 USG BC LEED■ • NCARB # 160933 Green Associate — AFFILIATION • American Institute of Architects • International Conference of Building Officials • Architectural Review Board- Rancho Mira e • Cal baptist University - Construction Mgmt Advisory Board • International Code Council, Inc. MHOLT ARCHITECTURE REQUEST FOR QUALIFICATIONS, t '„ (.ill 1%oh1 i(,n.d Ar.ltir0E,un l I hw: November 27, 20181 PAGE 4 o■ QUALIFICATIONS M■ PROPOSED TEAM - KEY PERSONNEL '%*ITGro uP Engineering • Design • Consulting kii.ir"tm engineering consultants zw�f,T3010 ENGINEERING/ aft DOONEEINC . V* RA W CASp ACCe% Consulting Services Ames Inspections & Consulting. LLC STRUCTURAL ENGINEER WT GROUP Location: Palm Desert, CA Experience in the desert: 7 Years Principal: Jeffery S. Gutowsly, P.E., S.E. CA 5E License Number: S5743 MEP CONSULTANT RTM Engineering Consultants Location: Palm Desert, CA Experience in the desert: 20 Years Principal: Victor Icon CIVIL ENGINEERING XX"arson Engineering Location: Palm Desert, CA Experience in the desert~ 47 Years Principal: Lloyd W. Watson ADA CONSULTANT Ames Inspections & Consulting, LLC Location: Palm Springs, CA Experience in the desert: 16 Years Principal: Kevin Ames, CASp 022, Registered Architect LANDSCAPE ARCHITECT Hermann Design Group Inc. Location: Palm Desert, CA H E RM AN N Experience in the desert: 19 Years DESIGN Principal: Chris Hermann G RD U P License Number: LANDSCAPE ARCHITECTURE f PUNNING CA Landscape Architect - #2754 PROJECT MANAGEMENT AZ Landscape Architect - #54352 Certified Playground Safety Inspector No. 41236-042 I REQUEST FOR QUALIFICATIONS. , f i. i AK I'n II. , � i 4 m.II 1', I I I I L. rn rl . I ) f "r ' I j Nr n I, i >uL r November 27. 20181 )'A(;} ■■ SCOPE OF SERVICES Mn WORK PLAN/ METHODOLOGY DE'SR-IN DIRVELOP EN'l ■ Holt integrates their clients in the design process from Day 1. Through a variety of digital media, Holt creates the visual aids needed to help clients make critical design decisions. ■ As the design progresses, we utilise 3D software (BIM) to integrate all elements. the architectural, civil, structural, mechanical, plumbing, electrical, and any other specialty consultant work. "leis provides a clear basis to identity and resolve any conflicts before they become problematic. CONS-FRUC 110N DOC UAIFN-I :ti ■ Our use of BIM continues to Facilitate the decision making, detailing, production, and coordination of the documents. As a result the Project is fully described in a clear, coordinated and consistent manner. a Please see the next page For more detail on our document management and quality control. Q )UAl JINCONTRO1 ■ Although less interesting to review, but just as important, our team develops a project specific checklist from our Office Quality Control Guide. Jlhis guide is built on our 35-years of things to consider and "lessons learned". We continue to update this Guide with each project. In addition, our team uses this guide to perform quality control reviews at major project milestones. these reviews become increasingly intensive as the project develops and are overseen by the Senior Principal. BlD/C.()NS'I-ltU(t 110N ADMINISTRATION ■ During the construction process, the team will provide construction observation services to the client as required to ensure the objectives of the owner as expressed in the Construction Documents are met. tiff nn CD ni, :�tltt I f51%'1ItWNII\I mill' C.— 11 ■�: I}l•til( \"!}!!t}irc•tir,+ r Ijrs1 ( INS 1 t¢I 't I I( "ti. 1 it tt I MFN I\ / Rl%l i t 0RDINA1'li )?r REQUEST FOR QUALIFICATIONS, t t"" i Al t tw- Navember 27, 20181 PAGE 6 g■ SCOPE OF WORK ■n SAFETY IMPROVEMENTS t. INDIO COUNCIL CHAMBERS BAI I.1STIC FEATURES Size: 5,800 SF I Location: Indio, CA Jbic newly renovated India Council Chambers features all new interior Finishes, ADA improvements, and ballistic safety features. 2. FON'fANA I'()I_I(.:I=. I)Il.I'ARl',,%IFN l' L(,)IiliY Size: 5,844 SF I Location: Fontana, CA 'lhe Fontana Police Dept Interior Renovation and Emergency Operations Center projcct is an interior tenant improvement of the existing Fontana PD. The project includes: remodel of the entire public lobby, administration spaces. public r•stroorns, a ballistic -rated staff reception arc•.3. intervicw morns, livescan rooms, and an Etncrgenty Operations Ccnrcr 4, 1ARRY FY SMITH (A )RIZEC 7' ONA1 CLINIC INIPR()VENIENTS Size: 700 SF I Location: Banning, CA Remodel of 3 exam rooms and I interview room to provide additional space For Correctional Operations. 4. OFFICk ()F VETERAN SERWTS T F: NAN 1IMPROVEMENTS Size: 765 SF I Location: Riverside, CA Interior office and Iobby remodel including ballistic safety upgrades. 5. BEN CIARK ] RAININ(; l-ACILITIP: Size: 36,000 SF I Location: Riverside, CA The buildings will be comprised primarily of classrooms and special training areas, and have been designed as Essential Services Facilities with enhanced seismic response capabilities. REQUEST FOR QUAL[FIC:ATIONS. I E 1 1 .111,l 1 4,,j;j, "k i.,., . I Ili : November 27. 20191 PAGE 7 ■o SCOPE OF WORK 00 ACCESSIBILITY IMPROVEMENTS I. CF Y OF PALM DESERT ADA RESTROOM UPGRADES Size: 1,400 SF I Location: Palm Desert, CA ADA upgrade For First and Second Floor Men's and Women's Rcstrooms and Seismic Evaluation at the City oFPalm Desert Municipal Campus. z. RE(,IONA1. A['[.'ESS PROJE(-'F - AI)A IMPROVE�-M NT Size: 17,000 SF I Location: Palm Desert, CA ADA analysis and Z phases of ADA upgrades to the newly purchased RAP office building. 4. LiNIVFRSITY ()F ['AI.IFORNIA RIVE-RSII)E - ADA STUDY Size: 8,000 SF I Location: Palm Desert, CA All paths of travel around the two buildings were analyzed in the initial stages of the project. -I he University's future Demonstration Orchard was also included in the investigation and planning efforts have begun For the future orchard project. 5. SAN B RNARDINO c :()UNTY FIRE STATION H E ADQUA1ZFERS RF.STROOM Size: 150 SF I Location: San Bernardino, CA Remodel an existing locker room and single - occupant Women's Rest -room into one Multi - Accommodation Women's Restroom. G. ADA SURVE:Y MONRO PARK Size: 350 SF I Location: Indio, CA ADA survey identifying areas of concern in four existing restrooms. • V 1 CI•IY OF PALM DHSERr ADA RESrROOM UPGRADES VCR - ADA STUDY tr tr err ADA SURVEY -MONROEPARK REQUEST FOR QUALIFICATIONS, (In � Al Ardhui•[tllrr i ]e-sogn Nervr- I )Ls : November 27, 20181 PAGE 8 ON SCOPE OF WORK NO LIGHTING AND ACOUSTICS IMPROVEMENTS ><. INI71C) CY�L?]tiC:[l. c-!-iAA1fi1:It5 Size: 5,800 SF I Location: Indio, CA The newly renovated Indio Council Chambers features all new interior finishes, ceilings, lighting, and main dial for Council Members. Audio/Visual enhancements added a full AIV system, multiple projection screens and 'IV monitors, and recording equipment. 2. i)?tii'iARIOI)ISPA'FCH Size: 10,202 SF I Location: Ontario, CA the Remodel includes a new briefing room, watch commander office, administrative offices, locker room, and I.T on a newly renovated ground level with the latest in Dispatch Console Technologies. 3. FON'IANA 130LIC Y. DE-11AR'I-tNIFN-I I ()BBY Size: 5,844 SF I location: Fontana, CA The project included lighting and technology upgrades it) the public lobby, administration spaces, public resrrooms, a reception area, interview rooms, livcscan rooms, and an Emergency Operations Center. 4. SL'NRISF. C OLNTY CLUB Size: TB❑ SF I Location: Rancho Mirage, CA Signage, facility and lighting upgrades to the C:ountry Club entrance and support buildings. 5. HAUS OF POKE ItF.ti'FALIRAN T Size: 2,180 SF I Location: Rancho Mirage, CA Holt incorporated a multi -tiered soffit with modern lighting Fixtures to accomplish the client's vision of hard lines and a modern feel. G. SM-AtEI] HEART CATHOLIC' SCHOOL 5'I*EN4 C:I ASSROOM BUILDING Size: 3,850 SF i Location: Palm Desert, CA Single story classroom building to support the Science, Technology, Engineering, Mathematics (s,rEM) curriculttm of the School. 'Ihe new lighting feature in the main space allows for a functional contemporary aesthetic element. REQUEST FOR QUALIFICATIONS, Nowcmhu 27, 20181 I' V ;I an SCOPE OF WORK ■I• TENANT IMPROVEMENTS t. INDIO (J1ll- 7 SLk,'IC:I:S Size: 19,000 SF I Location: Indio, CA Remodel of the Lobby, Offices, Restrooms and Conference Roorns with operable partitions in Four phases to allow for continued operation ofa Social Service Facility in Indio. 2. MONRO F. I ARK D1=w` Size: 350 SF i L.ocarion: Indio, CA ADA design for upgrades to four existing restrooms based on findings From rile ADA 3. FON'l-ANA POL I(:E OFFICES Si7e: 425 SF j Location: Fontana, CA Remodel three existing offices t❑ better serve current needs. 4. A(A A (:A[ IEN-1-1 Size: 2,800 SF I Location: Rancho Mirage, CA Tenant Improvement projects include the upgrade and relocation of an existing 2,300 SF poker Rootn, 250 SF Vestibule expansion, and 250SF expansion to an existing AV/1DF Room. 5. 11.•kI_hi SI'RIN(.IS (.'(?.LIRI'H(�LISI BASEMENT Size: 2,000 SF I Location: Palm Springs, CA Basement remodel to create a new jury Assembly area and open office space For the Probate Clerk. REQUEST FOR QUAL1HCXI'tUNS, •. -:i (,J.r 1 sis,- November 27, 20181 PAGE 10 Request for Proposal On -Call Professional Architecture Design Services Prepared For: The City of Palm Desert Prepared By: JKAARCHITECTURE 6353 Del Cerra Sled San Diego, CA 92120 1 (619) 504,0984 1 www.jettkatzarchitecture.com Table of Contents 01 Letter of Transmittal 02 Qualifications 05 Experience and References 06 Sub Consultants 08 Project Approach 09 Project Management Rate Sheet (Under Separate Cover) Cora L. Oaugush Management Specialist II City of Palm Desert Department of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Dear Esteemed Panel: r ARCHITECTURE Over the last 25+ years, Jeff Katz Architecture (JKA) has completed over 200 public works projects for a wide variety of agencies. As nationally recognized public facility design experts, our clients come back to us time and time again for each of their projects because we know how to accomplish them on time and within budget. Having the immense knowledge base that comes from our years of experience, we are able to recommend innovative solutions that will ensure the most efficient and durable design is implemented. We have held as needed contracts with multiple agencies in the past, and have extensive experience with quick response, tight budgets and multiple project types. Past clients for as needed contracts include County of Imperial, City of El Cajon. County of Riverside, City of Irvine. County of San Diego, City of San Diego, Unified Port District of San Diego, and SeoWorld San Diego. JKA is a group of experienced and well -qualified professionals eager to collaborate with you on this project. We are idea people, facilitators, and thrive when presented with unique challenges. We understand that your priorities are paramount and it is our sincere goal to exceed your expectations. The end -product is important, but we want you to enjoy the process too! We believe that communication with the entire team is critical. Whether that is an all -hands design meeting with the project team or fallowing up on products and details, we are confident that you will find our team friendly, engaging, and knowledgeable. Our team prides ourselves on developing lasting relationships with our clients, many of whom come back to us again and again. We encourage you to speak with them about our excellent designs, work ethic, and successful projects. We appreciate your time in looking over our proposal and are extremely enthusiastic about working with City of Palm Desert to fulfill your ongoing Architectural Services needs. This proposal shall remain valid for a period of not less than sixty (60) days from the date of submittal. I attest that all information submitted with this proposal is true and correct. Sincer,aly, CW Jeff Katz, AIA Principal in Charge jeff@jeffkatzarchitecture.com 6353 Del Cerro Blvd Son Diego, CA 92120 1 (619) 504.0984 1 www.jefkotzarchitecture.com Qualifications Jeff Katz Architecture leverages 26 years of experience in architectural design and engineering services to solve each client's design specific issues. We always have the project's and community's best interests at the forefront of our decision making and strive to produce the best possible outcome for the client and the project. History of Excellence JKA is a notionally acclaimed fire station design firm founded in 1992 with offices in both Northern and Southern California. Comprised of 18 in-house staff, JKA specializes in public sector clients, having completed over 200+ publics works jobs including Ga+ Fire Stations and Police Stations for a multitude of agencies. We offer a full spectrum of architectural services that include design, as -needed contracts, needs assessments, bidding support, and construction administration. Our project types include but are not limited to Public Safety Facilities, Aquatic Centers, Community Centers, Libraries, City Halls, Parks, Operations Facilities, and Animal Care Facilities. Our breadth of experience enables us to tackle any project that the City of Palm Desert might require. Our facilities earn high marks from all our end users for functionality, innovative design, and durable, low maintenance materials that are incorporated into our projects. We believe the true measure of design excellence is the facility's ability to hold up over time to the heavy use received on a daily basis. 25+ 60+ 20V+ Years in Public Business Fire/Police Stations Works Projects 4 ° 40+ 18 2 Design Awards In House Office Since Staff Locations 2004 1 K Qualifications Our team shares a vision that combines design excellence and innovation with tested processes to consistently meet the key goals of any project - functionalify, quality, time, scope, and budget. JKA relies on the following processes to accamplish these goals: Outstanding Construction Administration and Oversight 100% Of projects delivered on time and on budget Rigorous Quality Control Methods 1% Change order rate (as a Percentage of construction cost, not including owner - requested changes) Advanced Software, Technology, and Collaborative Tools VR JKA offers virtual reality tours of our projects throughout the design process In house Cost Estimating Services 95% Historic accuracy of our cost estimates to actual bid price 11 3 Qualifications sE- We Deliver on Time and Budget Decisions made early in the project have less financial impact than changes or modifications made later in the process. We understand our clients' paramount concern for budget and schedule and, therefore, focus first and foremost on designing and delivering each of our projects within a predetermined budget and time frame. All of our projects have been delivered on time and within budget —a fact we are very proud of. ® We Maintain Schedules We pride ourselves on reliability, consistency, and follow through. As such, we prepare and maintain realistic schedules that accurately reflect the various required approvals and milestones common for Design -Bid -Build projects. This series of benchmarks provide clarity, transparency, and accountability throughout the process. �1%o We Encourage Active Collaboration Our design process is flexible and interactive. We strive to be responsive and inclusive, and believe that strong teamwork and collaboration are critical to project success. This process encourages full participation of the City of Palm Desert. We work as ❑ team, allowing key decision makers to participate in work sessions to build consensus. The process is open and direct with proven successful results. * We Prioritize Community Needs We understand the crucial role of a City Hall. Fire Station, Police Station, or Community Center and the importance of ❑ facility that meets the community's needs. We strive to design each public works and facility as ❑ community landmark and bespoke beacon. 4 Subconsultants FPgrit Engineering O ri e2 9750 Miramar Road Suite 310, San Diego, CA 92126 Don Orie 858.335.7643 Oriel Engineering will provide Structural Engineer Services for the contract. They are well versed in seismic requirements as well as the needs of essential service facilities. McParlane & Associates 4830 Viewridge Ave, San Diego, CA 92123 Doug kooks 858.277.9721 The Mechanical and Plumbing Engineers from McParlane & Associates will be responsible for the HVAC and plumbing systems. They excel at selecting the most effective and energy efficient systems. DEELEN Elen CONSULTING 9150 Chesapeake Drive Suite 220, San Diego, CA 92123 Anton Nathanson 619.550.1085 Elen Consulting's primary role will be to ensure compliance for electrical systems, lighting design, and reduce energy usage for sustainable design. DELANE Delane 4909 Murphy Canyon Road, Suite 330, San Diego, CA 92123 John Prince 619.535.0602 ❑elane will provide Civil Engineering Services. They specialize in public and private site development, public works, transportation, and storm water management. ■ ""A Parterre 1221 Hayes Ave. San Diego, CA 92103 PARTERRE LillO'connor 619.993.4253 Parterre will provide Landscape Architecture Services and brings a knowledge of indigenous and drought tolerant plant materials from the region. 61 Experience and References Imperial Beach library Location Imperial Beach, CA Completed April2017 Project Architect Jeff Katz Project Description The Project consists of ❑ new single -story structure of approximately 14,000 gross square feet, on a County -owned parcel at 810 Imperial Beach Boulevard in the City of Imperial Beach, and connecting to the existing Marina Vista community room which is to be remodeled or reconstructed and integrated into the new facility. The work includes all required infrastructure, off -site improvements, surface parking, and demolition of existing structure(s) and improvements. The new library completes a community centered complex sharing parking with the Community Room, Senior Center and Veteran's Park. The informal, flexible, yet distinctive space encourages civic dialog for networking and interaction. The sense of belonging, civic pride, and relationships associated with this library are reflected in the relaxed layout, clear circulation, and quality of spaces experienced within the building and site. A re -occurring theme is a comfortable place, unique to Southern California beach and surf culture, relaxed and informal with ❑ sun filled cool vibe. This project also achieved Zero Net Energy and LEED Gold Certification. Mark Zabonik County of San ❑iego 858.694.3381 mark.zabonik@sdcounty.co.gov H. Vacaville Fire Station 75 Location Vacaville, CA Completed June 2016 Project Architect Jeff Katz Summary The new 8.300-square-foot station is placed in the heart of Vacaville's developing community. The station will staff 5 full time fire fighters, however the station is built to sleep 9. JKA worked closely with the City of Vacaville to provide construction documents for bidding, including specifications, cost estimates, and construction administration services. This Fire Station includes 2 drive through apparatus bays, sleeping quarters for 5 personnel, kitchen, dining, day room, offices, fitness, turnout storage, and workshop area. Site improvements include secured personnel parking, fuel dispensing, emergency generator, ❑nd public parking area. The station was delivered via the design -build method and was on time ❑nd within budget. JKA provided full architectural services through construction administration and meet the challenges of an aggressive schedule. The construction was phased to include a grading submittal package and separate building submittal package in order to meet the stakeholder timelines for the project. There were n❑ claims on this project and the Department is extremely pleased with how the end product operates. Shawn Cunningham, Director Vacaville Public Works Department 707.449.5179 shown.cunningham@cityofvacaville.com 2016 Notable Design Award -Firehouse Magazine PA Project Approach Our team approaches projects with open ears, innovative minds, and an integrative spirit. We are highly responsive to our clients needs, and our consistent attention and oversight throughout the process results in greater design integrity, accountability, and quality control. JKA is prepared to provide as -needed, on -call, architectural design services for projects on property owned or maintained by the City of Palm Desert, including the following: Meetings The design team will meet with project stakeholders to review project objectives ❑nd establish procedures and design criteria for the project. We will focus on understanding the City's goals for the project, its target users, and the operating costs and financial goals. Conceptual Design We focus on value engineering to maximize all elements of the evolving design and Rigorous Quality Control Methods to ensure that all members of the A/E team are in sync, cost goals are maintained, and errors and coordination issues are minimized. Data Collection, Field Review, and Base Mapping We conduct detailed site assessments of the project site to look for potential issues that could impact construction. Assessments may include ❑ review of existing documents, field investigations and data collection, interviews with staff, topographic surveys, and geotechnical analysis. Cost Estimation Our team maintains In -House Cost Estimating for accurate, real-time figures on which our clients can rely. We take seriously our responsibility of good stewardship of the project and ensure that what we put on paper meets the programmatic needs. Landscape, Hardscape, and Electrical Design We work with outstanding sub -consultants whose work compliments our design work and meets our high standards for quality. Construction Document Creation Our team takes great pride in producing an outstanding final product and prioritizes the creation of clear construction documents and specifications to be passed on to the building contractors. At the conclusion of this phase, JKA will submit all final plans for review by the city. Project Management In -House Cost Estimating Service Our cost estimating process is designed to deliver projects on time and within budget while ensuring best value out of every dollar our clients spend. We provide highly personalized comprehensive cost dat❑ for decision making and keep the entire team accountable for maintaining budget. Because our cost estimating process is done in house, it remgins highly responsive to the design process as it progresses ❑nd allows frequent updates to the client. We provide our clients with cost estimate updates along each milestone of the project path. As such, our cost estimates have historically fallen within 5% of the ❑ctual bid price. Quality Control JKA employs ❑ur proven quality control method throughout all phases of the process to ensure we are on track with stated goals ❑nd remain within budget ❑nd schedule restraints. Our method has ❑flowed us to produce documents which ❑re recognized and admired by contractors for their thoroughness and are constructed with a minimum number of complications during construction, which has resulted in a change order rate of less than 1% of construction cost for changes other than owner -requested changes. Outstanding Construction Administration JKA excels in providing oversight during the construction phase. ❑uring construction our vast experience and involvement with project oversight is an asset our clients have come to rely upon. We are ❑ccustomed to dealing with low bid contractors and we work hard to make sure they are performing ❑s required. We offer them assistance ❑nd recommendations to make their work easier in an effort to maximize success. 0 Project Management Amb" IiMEOW AIL6,=4 Conclusion Industry Leading Software and Technology Our team uses a variety of software, platforms, and traditional methods to support optimal design, scheduling and sequencing, and client collaboration and understanding. We document and manage the design and construction process using our in-house Building Information Modeling (BIM) and Revit Capabilities which allow for real-time, three dimensional coordination that are compatible with the delivery of AutoCAD record drawings. These tools allow us to quickly produce 3D spatial views and detailed renderings of materials to easily convey design intent and mitigate traditional coordination challenges. We are also able to provide our clients easy access to Virtual Reality (VR) to tour the spaces we have designed before they ever start construction. Our expert team is excited and ready to begin immediately on these projects. We take no exceptions to the RFP, certify that JKA meets the insurance requirements set forth, and confirm that our firm does not have any conflicts of interest with the City or this project. We thank the City of Palm Desert for the opportunity to present our proposal package and look forward to the opportunity to soon be working together towards the project's success! JKAARCHITECTURE r 10 PREST • VUKSIC A R C H IT E C T5 November 27th, 2018 Ms. Cora L. Gaugush Management Specialist if City of Palm Desert, Public Works 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Re: On -Cali Professional Architecture Design Services Request for Proposal, Transmittal Letter Dear Ms. Gaugush, Prest Vuksic Architects, Inc. is pleased to submit our information for On -Call Professional Architecture Design Services. Below is the requested information and acknowledgments. We meet all Insurance requirements. We accept all of the City's rights to the proposal. 44530 5AN PABL0 AVE SUITE 200 PALM DESERT CA 92260 T . 760 779 5393 F . 760 779 5395 www.prestyoksicarchitects.com We understand and agree, that the City is not, in any event, liable for any pre -contractual expenses made by us for the preparation of this submittal, and in the event of being awarded, shall not be entitled to charge the City for any pre -contractual expenses. We understand and agree, that if awarded, the anticipated agreement from this solicitation, will be a fixed -price or not -to -exceed, amount type contract, We understand and agree, that the proposal shall remain valid for a period of no less than sixty (60) days from the date of submittal. The proposed subcontractors may include: Victor Leon, RTM Engineering Consultants 34300 Gateway Drive, Suite 120, Palm Desert, CA 92211 Ron Gregory, RGA Landscape Architects 73061 EI Paseo Suite 210, Palm Desert, CA 92260 Brian Gottlieb, B.G. Structural Engineering, Inc. 75175 Merle Drive, Palm Desert, CA 92211 Our office is located at 44--530 San Pablo Avenue, Suite 200, Palm Desert, CA 92260, John Vuksic, AIA, will be the Principal Architect for this project and will be executing the contractual documents should we be chosen. John Vuksic, Principal, will be the contact person for our firm during the selection process and contract negotiation. John Vuksic would be the contact person for all review work performed should we be chosen by the City of Palm Desert. Prest Vuksic Architects can be contacted as follows: Prest Vuksic Architects, Inc. Attn: Jahn Vuksic 44-530 San Pablo, Suite 200 Palm Desert, CA 92260 T : 760-779-5393 F : 760-779-5395 E: johnv@pre-stvuksicarchitects.com www.prestvuksicarchitects.com By signing this letter of transmittal, we are attesting that all the information with the submittal is true and correct. Sincerely, John Vuksic PREST •VUKSIC A R C H I t E C T 5 PROJECT LIST BETTY FORD CENTER Size: 35,000 sq. ft. Location: Rancho Mirage Construction Cost: $13,000,000 DESERT ARC (FORMERLY FOUNDATION FOR THE RETARDED) HEADQUARTERS BUILDING Size. 25,000 sq. ft. Location: Palm Desert Construction Cost: $3,00Q000 FORD PROPERTIES OFFICE BUILDING Size: 3,000 sq. ft. Location: Palm Desert Construction Cost: $750,000 FOXX DEVELOPMENT OFFICE BUILDING Size: 5,000 sq. ft. Location: Pahn Desert Construction Cost: $1,250,000 FAMILY DEVELOPMENT OFFICE BUILDING Size: 6,000 sq. ft, Location: Palm Desert Construction Cost: $1,500,000 SAN PABLO PROFESSIONAL BUILDING Size: 15,750 sq. ft. Location: Palm Desert Construction Cost: $2,350,000 SATURMINO PROFESSIONAL COMPLEX Size: 21,000 sq. ft. (2 Buildings) Location: Palm Springs Construction Cost: $3,500,000 KESSLER OFFICE BUILDING Sizc: 15,000 sq. ft. Location: Rancho Mirage Construction Cost: $3,000,000 SAN ANSELMO OFFICE BUILDING Size: 10,000 sq. ft. Location: Palm Desert Construction Cost: $1,200,000 WILLOW STONE PROFESSIONAL COMPLEX Size: 22,000 sq. A. (4 Buildings) Location: Palm Desert Construction Cost: $3,500,000 DEBONNE OFFICE BUILDING Size: 15,000 sq. ft. Location: Palm Desert Construction Cost: $2,400,000 BROSKA MEDICAL OFFICE BUILDING Size: 7,700 sq. & Location: Rancho Mirage Construction Cost: S1,500,000 CONTOUR DERMATOLOGY MEDICAL COMPLEX Size: 9,000 sq. ft. (2 Buildings) Location: Rancho Mirage Construction Cost: $4,500,000 CONTOUR DERMATOLOGY Size: 5,500 sq. ft. Location: La Quinta Construction Cost: $3,000,000 FAIRFIELD INN Size: 92 rooms Location: Palm Dcsert HOMEWOOD SUITES Size: 96 rooms Location: Palm Desert 44530 SAN PABLO AVE SUITE 200 PALM DESERT CA 92260 T . 760 779 5393 F • 7G0 779 5395 www.prestvuksicarchtects.com PALM DESERT NATIONAL BANK Location: La Quinta Size: 5,000 sq. ft. Cost: $1,2D0,000 EL PASEO BANK Location: Rancho Mirage Size: 5,000 sq. ft. Cost: $2,000,000 FLOORING INNOVATIONS BUILDING Location: Palm Desert Size: 15,000 sq. ft EL PASEO SQUARE COMMERCIAL CENTER Location: Palm Desert Size: 120,D00 sq. ft. Cost: S22,000,000 UNIVERSITY VILLAGE RETAIL BUILDINGS 2A & 2B Location: Palm Desert Size: 34,000 sq. ft. UNIVERSITY VILLAGE OFFICE BUILDINGS 5 & 6 Location: Palm Desert Size: 33,000 sq. ft. STARBUCKS 1 MULTI — TENANT BUILDING Location: Patin Desert Size: 8,000 sq. ft COLONNADE RETAIL BUILDING Location: Palm Desert (El Paseo) Size: 40,000 sq. ft. (3 Buildings) Cost: $6,000,000 POINT HAPPY PLAZA Location: La Quinta Size: 35,000 sq. ft. plus tiered parking Cost: S4,500,000 POINT HAPPY COMMERCIAL CENTER MASTER PLAN Location. La Quinta Size: 120,000 sq. ft. POINT HAPPY BUILDINGS 2, 4, & S Location: La Quinta Sizc: 18,500 sq. ft. Cost: S 1,600,000 THE FALLS PRIME STEAKHOUSE AND MARTINI DOME Location: La Quinta Size: 9,000 sq. ft. Cost: S 1,100,000 SANFORD RETAIL BUILDING Location: Palm Desert Size: 7,500 sq. ft. Cost: $700,000 NORWALK FURNITURE STORE Location: Palm Desert Size: 5,300 sq. ft. Cost: $800,000 CALEO BAY OFFICEIRETAIL PARK Location: La Quinta Size: 25,000 sq. ft. IN & OUT BURGER Location: La Quinta Size: 3,250 sq. ft. WENDY'S RETAURANT Location: Palm Desert Size: 3,000 sq. ft. JACK-IN-THE-BOX Location: Palm Desert Size: 3,000 sq. ft. CARL'S JR. Location: Palm Desert Size: 3,000 sq. ft. Cast: $1,200,000 Page 2 PREST•VUKSIC A 44530 5AN PA910 AVE. SUITE 200 PALM DESERT CAJfORNiA 92260 APARTMENT PROJECTS HOUSING PROJECTS PREST •VUKSIC ARC HITEC T S RESIDENTUL PROJECTS LAGUNA PALMS Owner: City of Palm Desert -Redevelopment Agency Size: 53 Units (Renovation) Completion: 2008 CALIFORNIA VILLAS Owner: City of Palm Desert -Redevelopment Agency Size: 140 Units (Renovation) Completion: 2009 CORAL MOUNTAIN APARTMENTS Owner: City of La Quinta Size: 186 Units Construction Costs: $20,000,000 Completion: 2012 SOL Location: Palm Springs Size: 2,200 - 2,700 sq. ft. Sales Price: $700,000 (Per Unit) Completion: 2013 STERLING ESTATES Location: Rancho Mirage Size; 3,000 - 3,400 sq. ft. Sales Price: $1,300,000 (Per Unit) Completion: 2006 MILLPOND AT LAKE ARROWHEAD Location: Lake Arrowhead Size: 3,500 - 4,500 sq. ft. Sales Price: S 1,500,000 (Per Unit) Completion: Active POINT HAPPY RANCH Location: La Quinta Size: 3,000 - 3,200 sq. ft. Sales Price: $ 1,200,000 (Per Unit) Completion: 2008 44530 SAN PABLO AVE SUITE 200 PALM DESERT CA 92260 T . 760 779 5393 F . 760 779 5395 www.prestvuksicafchitects.com BIGHORN GOLF CLUB THE RESERVE VILLAS Location: The Reserve Country Club, Indian Wells Size: 4,800 sq. ft. Sales Price: $2,500,000 Completion: 2005 VICTORIA FALLS Location: Rancho Mirage Size: 2,200 — 5,000 sq. ft. Completion: 1998 — 2002 TUCSON Location: Palm Desert Size: 2,000 — 2,500 sq, ft Completion: 1996 --1999 BIGHORN VILLAS Location: Bighorn Gulf Club, Palm Desert Size: 3,500 — 4,500 sq. ft. Sales Price: $2,500,000 - $3,500,000 Completion: 2000-20 03 TERRACE VILLAS Location: Bighorn Golf Club, Palm Dcsert Size: 3,000 — 3,500 sq. ft, Sales Price: $1,750,000 - $2,250,000 Completion: 2000-2003 VISTA VILLAS Location: Bighorn Golf Club, Palm Desert Size: 3,200 — 3,600 sq. ft. Sales Price: $800,000 Completion: 2003 PALO BREA Location: Bighorn Golf Club, Palm Desert Size: 3,250 sq. ft. Sales Price: $2,000,000 Completion: 2002 COLF VILLAS Location: Bighorn Golf Club, Palm Desert Size: 2,000 — 3,200 sq. ft. Sales Pricc: $1,500,000 - $1,750,000 Completion: 1998 44530 5AN PASLO AVE SUITE 200 PALM DESERT CA 92260 T . 760 779 5393 F . 760 779 5395 www.prestvuksicarchitects.com CUSTOM RESIDENCES BIGHORN GOLF CLUB Location: Palm Desert 25- Custom Homes Size Range: 5,000 — 8,500 sq. ft. Construction Costs: $2,000,000 - $5,000,000 MIRADA ESTATES Location: Rancho Mirage 5 Custom Homes Size Range: 6,500 — 12;000 sq. ft. Construction Costs: $2,500,000 - $11,000,000 TRADITION GOLF CLUB Location: La Quinta 5 Custom Homes Size Range: 4,500 — 7,500 sq. ft. Construction Costs: $1,500,000 - $4,000,000 IRONWOOD COUNTRY CLUB Location: Palm Desert 7 Custom Homes Size Range: 4,500 — 6,500 sq. ft. Construction Costs: $2,000,000 - $3,000,000 THE RESERVE Location. Indian Wells 21 Custom Homes Size Range. 5,000 — 6,800 sq. ft Construction Casts: $2,500,000 - $3,000,000 44530 SAN PABLO AVE SUITE 200 PALM DESERT CA 92260 T • 760 779 5393 F • 760 779 5395 www.presfvudcorch'ifects.com PREST •VUKSIC A R C H I T E C T S NOW iu 1X7I7 ".' : f a-dF9131 BETTY FORD CENTER Size. 35,000 sq. ft. Location: Rancho Mirage Construction Cost: $13,000,000 FOUNDATION FOR THE RETARDED HEADQUARTERS Size: 25,000 sq. ft. Location: Palm Desert Construction Cost: $3,000,000 SAN PABLO PROFESSIONAL BUILDING Size: 15,750 sq. f4. Location: Palm Desert Construction Cost; $2,350,000 SATURMINO PROFESSIONAL COMPLEX (2 Buildings) Size: 21,000 sq. ft. Location: Palm Springs Construction Cost: $3,500,000 KESSLER OFFICE BUILDING Size: I S,000 sq. ft. Location: Rancho Mirage Construction Cost: S3,000,000 JONATHAN OFFICE BUILDING Size: 10,000 sq. ft. Location: Palm Desert Construction Cost: $1,200,000 WILLOW STONE PROFESSIONAL COMPLEX Size: 22,000 sq. ft. (4 Buildings) Location: Palm Desert Construction Cost: $3,500,000 DEBONNE OFFICE BUILDING Size; 15,000 sq. fl. Location: Palm Desert Construction Cost: $2,400,000 BROSKA MEDICAL OFFICE BUILDING Size: 7,700 sq. ft. Location: Rancho Mirage Construction Cost: $1,500,000 CONTOUR DERMATOLOGY MEDICAL COMPLEX Size: 9,000 sq. ft. (2 Buildings) Location: Rancho Mirage Construction Cost: $4,500,000 CONTOUR DERMATOLOGY Size: 5,500 sq. ft. Location: La Quinta Construction Cost: $3,000,000 FAIRFIELD INN Size: 92 rooms Location: Palm Desert HOMEWOOD SUITES Location: Palm Desert PALM DESERT NATIONAL BANK Location: La Quinta Size: 5,000 sq. 8. Cost: S 1,200,000 EL PASEO BANK Location: Rancho Mirage Size: 5,000 sq. ft. Cost: $2,000,000 LONGS DRUGS (Design Only) Location: Palm Desert Size. 15,000 sq. ft. UNIVERSITY BUSINESS CENTER PARCEL 15 Location: Palm Desert Size: 32,000 sq. fl. Cost: $2,500,000 44530 SAN PABLO AVE SUITE 200 PALM DESERT CA 92260 T . 7G0 779 5393 F . 760 779 5395 www.prestvuksicarchitects.com UNIVERSITY BUSINESS CENTER PARCEL 16 Location: Palm Desert Size: 25,000 sq. ft. Cost: $3,000,000 MADISON SQUARE RETAIL CENTER Location: La Quints Size: 120,000 sf Cast: S 12,000,000 EL PASEO SQUARE Location: Palm Desert Sue: 120,000 sq. ft. Cost: $22,000,000 UNIVERSITY VILLAGE RETAIL BUILDINGS 2A & 213 Location: Palm Desert Size: 34,000 sq. ft. UNIVERSITY VILLAGE OFFICE BUILDINGS 5 & 6 Location: Palm Desert Size: 33,000 sq. ft. STARBUCKS 1 MULTI - TENANT BUILDING Location: Palm Desert Size: 8,000 sq. ft COLONNADE RETAIL BUILDING (El Pasco) Location: Palm Desert Size: 40,000 sq. ft. (3 Buildings) Cost: $6,000,000 LAURICH COMMERCIAL CENTER Location : La Quints Size: 100,000 sq. ft. (10 Buildings) Cost: $15,000,000 NORTHGATE CROSSING COMPLEX (Retail, Office, Industrial) Location: Indio Size. 375,000 sq. ft. (23 Buildings) Cost: Status: 2007 POINT HAPPY PLAZA Location: La Quints Size: 35,000 sq. ft. plus tiered parking Cost: $4,500,000 Page 2 POINT HAPPY COMMERCIAL CENTER MASTER PLAN Location: La Quinta Size: 120,000 sq. ft. POINT HAPPY COMMERCIAL BUILDINGS 2, 4, and 5 Location: La Quinta Size: 18,500 sq. ft. Cost: S 1,600,000 THE FALLS PRIME STEAKHOUSE AND MARTINI DOME Location: La Quinta Size: 9,000 sq. ft. Cost: $1,100,000 SANFORD RETAIL BUILDING Location: Palm Desert Size: 7,500 sq. ft. Cost: $700,000 NORWALK FURNITURE STORE Location: Palm Desert Size: 5,300 sq. ft. Cost: $800,000 EL PASEO SQUARE COMMERCIAL CENTER BUILDING A Location: Palm Desert Size: 12,000 sq. ft. Cost: $1,250,000 EL PASEO SQUARE COMMERCIAL CENTER BUILDING B Location: Palm Desert Size: 10,000 sq. ft. Cost: S 1,000,000 CALEO BAY OFFICE/RFTAIL PARK Location: La Quinta Size: 25,000 sq. ft. WILSON JOHNSON RETAIL CENTER Location: Palm Desert Size: 12,000 sq. Ft. Cost: $1,700,000 THOMASVILLE RETAIL COMPLEX Location: Rancho Mirage Size: 21,000 sq. Ft. Cost: $3,000,000 PREST•VUKSIC A R C H. +? E w I 44530 SAN PA@LO AVE. SUITE 200 PALM DESERT. CAOfORNIA 92260 PVJ SHOWROOM BUILDING Location: Palm Desert Size. 21,000 sq. ft. Cost: $2,000,000 IN & OUT (Design Only) Location: La Quinta Size: 3,250 sq. A. WENDY'S RETAURANT (Design Only) Location: Palm Desert Size: 3,000 sq. ft. JACK-IN-THE-BOX (Design Only) Location: Palm Desert Size: 3,000 sq. ft. CARL'S JR. Location: Palm Desert Size: 3,000 sq. ft. Cast: $1,200,000 Page 3 PREST-vuKSIC A D C" E C 15 44530 5AN PASLO AVE. SUITE 200 I ALM DESERT, CALIFORNIA 92260 West Hollywood. CA T. 323,851,4040 PREPARE❑ WITH CARE REQUEST FOR PROPOSAL FOR: ON CALL PROFESSIONAL ARCHITECTURE ❑ESIGN SERVICES DUE DATE: 2:00 PM PST 1 NOVEMBER 27. 2018 RA- DA CITY OF: PALM DESERT RFP PROFE5SICNAL ARCHITECTURAL DESIGN SERVICES ❑ear Cora L. Gaugush, Management Specialist If and the mernbers of the Evaluation Committee. We are pleased to present you with our response to the Request for Pro posat for the City of Palm Desert Qn-Call Professional Architectural Design Services. This submittal contains all required information specified in your request for proposal- This proposal will be valid for 60 days from the date due and we acknowledge the receipt of all addenda. By signing we attest that all information contained in this proposal is true and correct. We are a National Recognized architectural practice based in Los Angeles and focused on design excellence and client satisfaction. Our business plan is not volume -driven, but quality -driven. Our goal is to design and to build projects that achieve the clients' goals and deliver well beyond our clients' expectations_ Our success in this goal has supported our practice and meant that much of our work is through repeat clients and municipal contracts. We have functioned in a capacity for them as we would like to do so for you. Much of our work is regional, completing a variety of projects for various loca[ Cities. With our experience in multiple project types, we have partnered with public entities to develop a library for the City of Redondo, Beach, sports facilities and a gym building for the City of Oxnard, and an Animal Shelter for the City of Los Angeles. RA- DA is currently listed as an On -Call Architect for the City of Long Beach and is currently in the construction and documentation phase for 6 structures for the Public Works department. Here in you will find examples of these projects in the Technical Experience section of this proposal. In this package we have listed our group of consultants and engineers, all of which we have worked with for many years. These firms information can be found in the Appendices. Together, with our extended A/E team, we have considerable experience in the project types often required by City and County Agencies. Together our team has the ability to take you through your projects and make them an enjoyable experience from beginning to end, resulting in world class complexes that you will be proud of and happy to occupy for many decades to come. On behalf of our team, we would like to state our sincere interest in building our relationship with the City of Palm Desert, and can assure you of our commitment upon being chosen for inclusion. 1� Rania Atomar, AIA Principal and Founder, RA-DA Firm type: S-Corporation (California) Firm name. Rania Ala mar Architect, Inc dba: RA-DA 7523 Norton Avenue West Holtywood, CA 90046 t: 323.851.4040 e: Raniafdra-da.com w: www.ra-da.com TABLE OF CONTENTS RA-DA CITY OF PALM DESERT RFP PROFESSIONAL, ARCHITECTURAL DESIGN SERVICES SECTION I APPROACH TO SERVICE SECTION II FIRM'S TECHNICAL EXPERIENCE CITY OF LONG BEACH [on call] _HOUGHTON COMMUNFTY CENTER BEACH FRONT AT LONG BEACH DIGITAL OCEAN HEADQUARTERS _HIGH RISE 3 FLOOR OFFICE SUITE CITY OF LOS ANGELES SOUTH LA ANIMAL >=ACILITY SECTION III PROPOSED STAFF ORGANIZATION CHART AND POINT OF CONTACT APPENDICES ADDITIONAL INFORMATION FEE SCHEDULE KEY PERSONNEL RESUMES PROJECT PHOTOS LETTERS OF RECOMMENDATION SEE ATTACHE❑ SEALED ENVELOPE APPROACH INTRODUCTION RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES We have read your Scope of Work and have a good working understanding of the kind of services that you are in need of. We have completed all of the scopes you describe for other City and County Agencies successfully, including the City of Los Angeles, the City of Oxnard, the City of Redondo Beach and the County of Ventura. We are currently on the "On -Call List of Architects" for the City of Long Beach and have completed at[ the listed scope for them for 5 different structures. We are confident and fully trained in all these phases; • General Requirements • Civil, Geotech and other Environmental Studies needed in early phases ■ Furniture, Fixtures and Equipment • Public Outreach and Community Meetings • Landscape and Irrigation Design • Project Schedule • Feasibility and Concepts • Zoning, Code, and Site analysis • Programming • Full Design from Concept through Documentation • Project Specifications • Cost estimating and Value Engineering • Plan Check and Permit Process • Bid Phase Addenda, RFIs Pre -bid meeting • Construction Administration including Pre -construction meeting; answering RFIs; Substitution request; Submittals review; Shop Drawing review; Weekly site meetings; change order review; Contractor Progress Payments. prestigious Universities and Community College's recreational buildings to smaller tenant improvement projects. We have dealt successfully with complex issues and approval processes such as landfills, flood zones, conditional use permits and so on. Each major Sub -consultant that we list in this submittal has shared many of these experiences and projects with us. Having navigated multifaceted issues together we are an already established, strong and seamless team. We have a proven track record in obtaining Agency approvals and have done so numerous times with the City of Long Beach, the City of Los Angeles, the City of Oxnard, the City of Torrance, and the City of El Segundo, to name a few. Our recently completed projects for the City of Los Angeles and for the City of Long Beach make us particularly well -suited for this role. MANAGEMENT Oxnard Campus Park Gfrnnasrum Beyond our exceptional and applauded design QUALIFICATIONS AND PRIOR EXPERIENCE skills, our projects are well managed and wet( The RA-DA team has worked with a number of organized. We take pride in our ability to meet different kinds of clients and has an extensive deadlines however stringent, and budgets background in City facilities and master however severe. Our communicative and planning as well as other varied building types. thorough project management style ensures Our experience ranges from City Maintenance, results and keeps us and our client ahead of Parks. Beaches, and Animal Facilities to issues that may affect budget, quality and APPROACH RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES schedule. We have an established internal protocol and process for value design and value engineering and also for quality assurance and quality control that we and our consultants follow on all projects. These processes are shepherded by our project manager who remains fully involved in each project from concept through construction administration, whatever the size and scope of that project. TECHNOLOGY The entire RA-DA team is proficient in all the latest technology associated with today's building and sustainable design practices. We are each highly skilled in a variety of the current drafting and 3D tools including BIM and can easily adapt to a platform of your choice. All our projects are developed in three dimensions Redondo Beach Rosserb C brary both for design and for coordination purposes between the disciplines. We use photo -realistic renderings to communicate our design and have found these skills especially useful when garnering consensus not only From the client group but also neighborhoods, committees and agencies such as Cultural Affairs whenever applicable. In addition to design -related software, we frequently employ software as toots to manage projects and maintain a continuous open line of communication with the consultant team and the City Project Manager. We have found considerable success in creating and working in live documents that are accessible via the Cloud to all team members including the client allowing live updates and progress reviews. SUSTAINABILITY RA-DA has been committed to sustainable design since our inception. Early on in our firm we were awarded the *2012 Grand Prize Winner of the Zeftron Sustainable Practices Award'. All of our projects are designed with green principles in mind and many of them are LEER -rated. We have included on our team, a LEER consultant with whom we have worked previously, that will shepherd whichever project necessary through the US Green Building Council paperwork and processes. They will guide the team, the owner, and the contractor toward sustainable solutions when the Client has tagged this as a goal for the project. Our Engineers are also fully versed in green building principles and have acted as LEED consultants and Commissioning agents in their own right. Even when LEED is not a goal, our AIE team wilt consider life cycle costs, smart and often cost -saving sustainable ideas and healthy environments for building inhabitants in our solutions. All these aspects of the building components and processes are included in our assessments and shared with the Client Group so that fully informed decisions are made throughout the process. Between us, our A/E team has worked on over 40 LEED certified buildings including Gold and Silver rated projects. RA- ❑A CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES SHEDULE ADMINISTRATION RA-DA has an impeccable reputation in de- livering projects an time. Good planning and rigorous adherence to schedule ensures that we meet the stated project time line_ At every phase in the project we will review and update We maintain the same staff that was assigned to the design of the project through construction administration and have found this to be the most effective and efficient way to support the contractor. So that the person that detailed the schedule as necessary. We will mitigate any the drawings is the same person that answers unforeseen issues by planning early meetings with jurisdictional agencies, and performing due diligence on utilities, and the site prior to the start of construction. We will continue to work through the construction phase of the project with the contractor to anticipate any potential issues or conflicts in an effort to avert unforeseen issues that may impact the project time Line. We are savvy on product Lead times during the design phase and systematically include this information in our documents so that the con- tractor is aware of their impact on the critical path and can schedule accordingly. CONSTRUCTION ADMINISTRATION The RA-DA team takes a proactive stance to- wards construction administration. We partner questions on those details. REFERENCES Many of our projects come through repeat clients. This is a testament to our quality of service. Our internal team of architects and designers have consistently performed on all of our jobs and take a personal interest in the success of each project. We encourage that you speak with our past clients as they can attest to our level of commitment even on the smallest of tasks CONCLUSION Our team of Engineers consists of highly qualified professionals that have all worked successfully on each of our previous projects as you will see detailed in the pages ahead. We're a tried and tested team of individuals that will with the selected Contractor to work as an inte- make this a successful endeavor. grated team with a shared goal for the success of the Project. We have a strategic approach to responding to RFIs, submittals and shop draw- ings that involves working closeLy with the con- tractor and the subcontractors to understand their needs and to provide solutions that sup- port their efforts, their methodology and their schedule. We are focused on preserving the design intent but work with the Contractor in a collaborative environment to achieve success. Rania Alomar, as the founder of RA-DA, and your primary Liaison throughout the course of the contract, takes personal interest and will have direct oversight for the duration of atl the associated work. She strongly believes that our acumen for working with complex client groups and previous experience working with Cities makes us a perfect candidate for the role of architect described in this RFP. We have a history and reputation for being expe- If awarded a contract with you we would ditious, accurate and effective in our responses, minimizing the return of RFIs or submittals or shop drawings. maintain a high Level of client service and quality product with the goal of a long and continued relationship, EXPERIENCE RA-DA CITY OF PALM! DESERT RFP PROFESSIONAL ARCHITECTURAL DESfGN SERVICES W HOUGHTON PARK COMMUNITY CENTER CITY OF LONG BEACH Having recently been added to the list of On - Call architects for the City of Long Beach and working with them on another 4 structures, The City hired us to design this community center that would be a new building adjacent to their existing community center. Our scope on this project included a new parking lot, a new 6500 sf LEE❑ silver certified building and the renovation of their existing building that was built in stages in the 1930s, the 1950s, and the 1980s. The entrance to the main building was relocated to be at the knuckle where the new and the old meet, directly southwest from the parking lot, making it clearly visible to those driving in. A reorganized front plaza creates a drop off zone for buses and visitors. The new addition is situated to the east of the existing building creating an enctosed courtyard space between it and the 1930's building and is connected by an open, but covered watkway. The newwing is a rectangular building that extends south into the park. it houses 2 large multipurpose rooms and a central core for restrooms and a reception area. The main restrooms are accessed from the central courtyard space but two public restrooms face out to the park providing park goers access to that amenity without having to enter the building. The roof of the new building is split into three parts, mirroring the functions inside the building and the existing buildings. The north and south roofs reach up in opposing slopes to match those of the existing buildings. The single slopes, rather than a pitched roof, are used here to allow the 1930s building to hold its hierarchy as the main building in this cluster. The roofs also ride Lower than the main building. As the roofs rise, they expose a translucent polycarbonate panel that continues around the entire perimeter of the building. This glowing panel marks the location of the building from afar and gives it a lantern -like quality. Below this glowing panel, a varying use of material wraps the exterior of the building. From solid to transparent, views are carefully crafted into the facility to allow park -goers glimpses of the activities that are held inside. KEY POINTS - Part of a phased plan for the park that includes two additional structures. Integration into existing park layout. - New parking lot with Fire access, ADA, and EV charging stations. - New picnic area with shade structure. - Partial renovation of existing building includes some demo and new entry and flow. - Relocation of utility lines, new power. - Coordination with existing utilities and irrigation. - Hazardous materials abatement. KEY PERSONNEL Rania Alomar, Principal in Charge, RA-DA Catherine Wu, Project Manager. RA-DA Shu Cai, Architectural Designer, RA-DA CONSULTANTS Structural- John Labib & Associates MEP - Creative Engineering Group Cost Estimating- Jacobus & Yuang Inc Landscape - SALT Landscape Architects Clvi l - DSC Engineering LEED / Sustainability- Healthy Buildings EXPERIENCE THE BEACH FRONT CITY OF LONG BEACH RA -DAM CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL 0ESIGN SERVICES The City of Long Beach engaged RA-DA to design an approach to activating the beach front for the City. The beach was an under utilized amenity and so with a relatively small budget we came up with ideas to activate nodes a[ong the beach pedestrian and bike path that would make this a destination and a comfortable place to be_ Our solution was to create these activity nodes at intervals along the popular pedestrian and bike path and to coincide those nodes with the existing run-down concession buildings. As those buildings give us an infrastructure to work with, we would renovate the structures and provide localized amenities that would make them great places to be. Simple elements such as shade, a boardwalk, seating, and a vibrant cafe front would engage passers by and create rest stops along the path. Alamitos is at one end of this stretch of beach and was designed to become the `head' or starting point of the front. Here we are proposing the demolition of the existing concession building and the construction of a new cafe and concession building that enliven the area and allow locals and visitors to really enjoy the bea ch. Each location along the beach front has an activity associated with it- Each one designed differently and catering to a different demographic. The playground at Alamitos themed 'Dunes' is for order kids and allows parents to sit on an adjacent deck and eat or drink while their kids p Lay, At Junipero we provide basket ball courts, fitness station and a Large alL-ages play ground themed 'Treasure Island'. At Granada, a water play area themed `Tide Pool' will keep toddlers busy while parents order drinks at the concession window. As a highly visible project, we underwent in depth Public Outreach to engage all the neighborhood groups and locals and build consensus. RA-DA worked with the City of Long Beach for the new concession cafe and Beach amenities along the existing boardwalk. The improvement includes the restaurant and cafe building that spills out into a large ground Level outdoor deck and roof deck providing magnificent views of the oceanfront. The development also consists of a playground, rental unit building, public restrooms, rinse station and seatings alongside the boardwalk- with the idea of creating a promenade that accommodate different user - groups at the western end of the beach front. Careful attention was paid to minimize the footprint of the building, yet the building opens up like a 'Game Box' by the use of various sliding panels and openings to activate its surroundings and achieve a more prominent design impact. KEY PERSONNEL Rania Alomar, Principal in Charge, RA-DA Catherine Wu, Project Manager, RA-DA S h u Cai, Architectural Designer, RA-DA Luisana Hernandez, Architectural Designer, RA-DA CONSULTANTS Structural- John Labib & Associates MEP - Creative Engineering Group Cost Estimating- Jacobus & Yuang Inc Landscape - SALT Landscape Architects Civil - Michael Baker International LEED / S u sta i n a b i Li ty- Healthy Buildings EXPERIENCE RA-UA CITY OF PALM CESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES DIGITAL OCEAN HEADQUARTERS NEW YORK CITY We are including one of our many private client projects to demonstrate our expertise in creating large flowing office spaces. A need for many city projects. Digitalticean is a fast-growing tech company based in New York. This was the renovation of 3 floors at 10,000 sf each floor plate in a Manhattan high rise to accommodate their staff. A variety of different types of spaces accommodate different modes of working. A mostly ❑pen floor plate created the need for a series of enclosed meeting rooms and phone rooms to allow staff the ability to quickly meet on projects and have privacy. A 'Lockdown' room is enclosed and dimly lit housing 10 temporary desk spaces that allow staff to hunker down in the case of an approaching deadline_ Bold carpet stripes traverse the entire floor plate and brand the space. The rest of the palette is light and warm, making this a comfortable, non -corporate environment. Nailing the culture of this reLatively new company was key in our earLy explorations for the design. This was their first move into a formal office and they had not been through this exercise before. They had a clear sense of identity though so our task was to hone in on that and figure out how to articulate that in the architecture. After a series of concept studies, the client selected a scheme that we called 'Secret Circuit'. The idea behind this scheme was to leave the space as open as possible and use a series of boxes to strategically and discreetly organize the space. The boxes provide private meeting and office space, to balance the open work plan. They envelop columns and are offset from one another creating negative space between them used for work zones, small meeting zones and Lounge zones. There is a certain level of discovery as people move through the space, encountering different kinds of open space and enclosed volumes. This sense of a looser floor plan and organization fit with the culture of the young firm. The Owners work cLoseLy together but still need private offices. Both offices have sliding glass double doors that open onto a central space. This space provides a forecourt to their compact offices and serves as a quick informal meeting space. Their doors are mostly open so they can easily discuss issues and talk about ideas. All enclosed rooms are strategically positioned throughout the floor plate to that the negative space between them can be used. The boxes themselves are birch plywood on the exterior and the interior. Each is planted on a black pad that mimics a shadow cast from a strong sun. The narrow spaces between these rooms pro- vide semi -private nooks where people can step out of a meeting and take a quick phone call or have a quick chat. The boxes are further artic- ulated to host such small meetings by carving in seating opportunities wherever possible. The boxes also work to envelop all but one of the columns in the space. This simplifies the ob- structions and perception of -the space. To offset the density and openness of the gen- eral wort[ spaces, we provided the staff with a 'Lockdown Room'. The intent in here is that if they are on a deadline or there happens to be a lot of activity in the office that day, they can escape to this quiet room that is free of phones and distractions and focus on getting their work done. EXPERIENCE RA -DAM CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES SOUTH L.A. ANIMAL CARE FACILITY II CITY OF LOS ANGELES This Project was a Design -Sid -Build project for the City of Los Angeles, where the low bid was awarded the project. RA-DA was the architect on the project. The individuals at RA-DA that worked on this project and some subconsultants are the same individuals that will be assigned to your projects bringing with them an enormous amount of experience in all facility types. RA-DA completed all aspects of design and construction administration on the project including: • Zoning and Building Code Analysis • Program verification ■ Interim Program changes (during design and construction) ■ Concept Design 13 concepts were designed and presented to the client for selection) • Schematic Design & Design Development ■ Signage and way finding design • Complete Construction Documentation • Coordination with all Engineers and Consultants • Cultural Affairs Committee presentations and approvals • Neighborhood Councils and CRA presentations and approvals ■ Animal Commission presentations and approvals. • Permit and Plan check (complex jurisdictional approvals procured) ■ Conditional Use Permit • Zoning Variance • Support during bid and Negotiation Phase • Construction Administration throughout the construction phase (all aspects of CA included within our scope: site visits, RFIs, ASIs, Submittal review, Substitution review etc.) RA-DA met all deadlines defined by the stringent project schedule and delivered a very well documented project that brought a low bid of under $10,000.000 for a project budgeted by the City at $18,000,000. The high level of documentation and coordination within the project successfully limited change orders and increased cost due to errors or omissions. KEY PERSONNEL Ran1a Atom ar, Principal in charge, RA-DA Sofia Ames, Project Manager, RA-DA Carolyn Telgard, Designer, RA-DA Jesse Madrid, Designer, RA-DA CONSULTANTS Civil - RBFConsulting Structural - John Lahib & Associates MEP - Creative Engineering Group Specifications - Chew Specifications PERSONNEL ORGANIZATION CHART 0 U RA -AA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES THE CITY OF PALM DESERT Department of Public Works RA-DA Architect - West Hollywood, CA Rania Alomar, AIA Catherine Wu Principal -in -Charge & Project Architect Primary Contact Shu Cai Architectural Designer Sofia Ames Luisana Hernandez Project Manager Architectural Designer CONSULTANT TEAM DIETZ STRUCTURAL & CIVIL JOHN LABIB & ASSOCIATES Joe Dietz _John Labib Civil Engineering Structural Engineering 25411 Cabot Road, Suite 205 319 Main St. Laguna Hills, CA 92653 EL Segundo, CA 90245 T. 949.215.5935 T. 213.239.9700 YAGADE CONSULTING, INC SALT _Steven Yagade _Allen Compton Specifications Landscape Architects 28707 Citrus Place 850 Broadway, #803 Santa Clarita, CA 91390 Los Angeles. CA 90014 T. 661.297.7911 T. 213.234.0057 JACOBUS & YUANG INC CREATIVE ENGINEERING GROUP Malan _Richard Ibrahim _Cobus Cost Estimator MEP 333 N Lantana St 7123 Remmit Avenue Camarillo, CA 93010 Canoga Park, CA 91303 T. 805.462.7333 T. 818.999,0415 Please see Appendix for all key personnel resumes and relevant project experiences. Consultant resumes available upon request. APPENDICES RA-DA CITY OF PALM[ DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES KEY PERSONNEL RESUMES RA-DA, Architects Education RANIA ALQMAR, AIA, NCARB B.A. Hona in Architecture Manchester University, School of Architecture. Principal & design Lead, RA-DA Manchester, England. 1993 Masters in Architecture 5CI-Arc I Southern California Institute of Architecture. Los Angeles, California. 1997 Reg Istratt o n/Ce rt i f Ica tf on Registered Architect, State of California. C-29809 Registered Architect, State of New York. 034265 NCARB/ Nationat Councilof Architectural Registration Boards Professional AMHations AIA IAmerica n Institute of Architects AWA 1 Association for Women in Architecture Qesign Awards NBBJ Design award, 2000 AIA Next LA Award, 2002 LA Cultural Affairs Award, 2003 LA Business Council Design Award, 2004 AIA Next LA Awe rd, 2007 LA 9usiness Council Design Award, 2009 Grand Prize Winner, Sustainable Practices Award, 2012 AIA Institute Honors Award for Interior Architecture, 2013 AIA Ern ergingg Frofessionals, 2013 Vision Awards, Flaw Focus, 2013 LA Business Council Los Ange les Archi tect Awards, 2013 SCI-Arc 40/40, 2013 abbrev. 11st of PublIca t€ons The Los AngelesTimes The New York Times Interior Design Magazine Architect Ma azine Architectural Record Tnstallation Magazine SCI -Arc: News Form LA Huffington Post Filter magazine Animal Sheltering Magazine Specs+Spaces 81 besign Arch Daily Archello Soma Dnoffice FX Magazine Tile Magazine Floor Focus Design Boom Curbed LA CBS News Blue Ant Studio Las Angeles Magazine W magazine Distinction Magazine Sunset Magazine LA Architect Anyeteno Interiors -Office Interiors' book by Links "Cool Shops Los Angeles" book by teNeues With a strong and extensive background in public architecture, Rania Alomar has developed acumen and love For civic places, Her first project after graduate school was the Staples Center, a ground -breaking and world renowned arena. She quickly emerged as one of the lead designers recognized for her exceptional ability to work with demanding clients, to tackle difficult construction techniques and resolve challenging design issues. This experience led to a series of prestigious projects where Rania led the design team to innovative and successful solutions. She has worked with a broad base of client types. ranging from private developers and owners to community colleges to cities. In close collaboration with these clients, she has pioneered new prototypes, implemented innovative sustainable design techniques, and worked with tiny budgets and stringent deadlines and still achieved aesthetically, functionally and economically successful buildings. Known for her creativity and vision, Rania's open-minded approach has led to a widely varied design portfolio, and architectural solutions that have garnered some of the most prestigious awards in her field. Her work has been published in numerous papers and magazines including the Los Angeles Times, the New York Times, Interior Design Magazine, LA Architect and more. Ms Alomar will lead our team in the design of aLL aspects of this project. She will work with you through each phase of the design and will be avai[abte during construction for site visits, working with our internal team to find solutions to design issues as they arise. Her primary focus an projects is maintaining design excellence and client satisfaction. APPENDICES KEY PERSONNEL RESUMES RA-DA, Architecrs RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES Los,' of Previous Experience on Similar Projects (Similar sire, scope, type, complexity) ANIMAL FACILITIES - SHELTERS, RESCUES, HOSPITALS, WELLNESS CENTERS SOUTH LOS ANGELES ANIMAL SERVICES CENTER 2, CHESTERFIELD SQUARE, L.A. CA Project Description: An award -winning design for a very unique facility for the City of Los Angeles. At one and a hatf acres and 260 kennels, this is one of the largest facilities in the country. Also a sustainable LEE Silver rated design. RA-DA also developed the signage and branding for this project. Rate: Lead Architect WESTSIDE GERMAN SHEPHERD RESCUE, Los Angeles, CA Project Description: An 11,009 sf renovation of an existing warehouse into a hi -tech Animal Facility. The facility houses 60 kennels, administrative facilities, exam and birthing rooms. a grooming room, laundry facility and large community room adjacent to the lobby Role: Lead Architect SOUTH LOS ANGELES ANIMAL SERVICES CENTER 1, WESTERN AVE, Cos Angeles, CA Project Descriplion: Unbuilt. Also an award -winning design at a different site than the second facility listed above. The project underwent full design from Schematic Design through Construction Documents and even went through the Permitting process and was approved by the Los Angeles Building & Safety Department. Role: Lead Architect LONG BEACH ANIMAL EMERGENCY, long Beach, CA Project Description: A 3,300 sf renovation with Exam Rooms, Pharmacy, Labs, ]Gay, Ultrasound, Surgery, Dermatology, & Kennels This project is characterized by an extremely efficient and functional design, an extraordinarily fast design and construction schedule and a very stringent budget. Exceeding expectations, RA-DA worked closely with the client and met all three parameters and procured a permit for construction. Our client's business was dependent on opening by a certain date, and this is what uttimately drove our design and deliverables. We were able to meet the client's extremely short deadline by finishing design and construction documents in 3 weeks and expeditiously attaining the permits as fast as possible. Rate: Lead Architect ANIMAL WELLNESS CENTERS, Santa Monica. CA Project Description: A 2000 sf renovation. The Animal Wellness Center serves as a veterinary office, a retail store, an education and training program, and a social gathering spot for the community. Appealing to the extremely health- and design -conscious animal owner, the store offers high end bowls, beds, leashes, healthy pet food, homeopathic animal supplements and shampoos Role: Lead Architect List Oth or Re levant Experience OTHER PROJECTS — CIVICIMUNICIPALIPU13LIC/LEED UC IRVINE CAMPUS SURGE BUILDING AND PARKING STRUCTURE, Irvine, CA Project Description: Teamed with PCL in a design -build proposal for 60,000 SF Campus Surge building and 1960 space parking structure. Developed into schematic design. Selected as best value proposal. Unbuill. Rote: Lead Architect APPENDICES RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES KEY PERSONNEL RESUMES RA-DA, Architects PROJECT DELIVERY METHOD [C.M. AT RISK] U.S.C. JOHN MCKAY CENTER -ALL SPORTS BUILDING, Los Angeles. CA Project Description: Teamed with mega -firm HNTS. RA-DA was the interior design firm for the new USC building: a I00.000sf facibtyan campus to house a complete athletics program including adminislrat ive office, training, lockers for the football team and general ctassrooms for the students Rate: Lead Architect CITY OF OXNARD YOUTH AND COMMUNITY CENTER, Oxnard, CA Project Descriplian; A 3 0.0 00 sf renovation of an existing concrete bunker into a modern community building, housing a variety of activities Irom video and sound production studios to dance studio and strength and cardio training facility. Re Le. Lead Architect REDONDO BEACH NORTH BRANCH LIBRARY, Redondo Beach, CA Project Description, A 13,000 SF library and community center. This LEED Gold level building is playtul and rmpactful, delivering a surprising presence for such a modest budget Role: Lead Architect RIVER RIDGE GOLF COURSE MAINTENANCE, CONCESSION. & RESTROOM BUILDINGS, Oxnard, CA Project Description: the River Ridge Golf Course is built on a landfitt and owned by the City of Oxnard. RA-DA was engaged to design a series of buildings for the golf course. These ranged from public restroom and concession facilities, maintenance, and storage facilities. Rate: Lead Architect PALM DESERT CONVENTION AND VISITORS AUTHORITY OFFICE BUILDING, Palm Oeserf, CA Project Description: A 10.000 office building in the heart of the desert. Role: Lead Architect SPORTS & ENTERTAINMENT BIG LEAGUE DREAMS BASEBALL FACILITY, West Covina, CA Ran ia Atorn ar worked with Beth Hansen ❑n this prefect before the tau nding of RA-DA Project Description. Consisting of six replica baseball fields which includes site improvements and concession buildings on a 30-acre site. The fields were modeled after Mayor League Stadiums found in Los Angeles, Anaheim, Chicago. Detroit. New York City and Boston. Role: Lead Architect 'Note designed while at another Firm. GRANO CANYON UNIVERSITY THEATRE. Arizona Project Oescripti iri. A new 000 seat performing arts theatre for the growing un,rersity Role: Lead Architect LAB ERO MAGIC THEATRE, EAST VILLAGE, Las Vegas, NV Project Description: A new 900 seat boutique magic theatre in Las Vegas Rote: Lead Architect "HOOP DE VILLE' EVENT SPACE, EAST VILLAGE. Las Vegas, NV Project Description: A 15DO seat mini arena for a 'Hartem Globetrotters -type show Rote- Lead Architect APPENDICES RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES KEY PERSONNEL RESUMES RA-DA, Architects SPORTS & ENTERTAINMENT Cont. CLIPPERS' TRAINING FACILITY, Playa Vista, CA Project Description: A 10,000 sf training facility with offices, locker rooms, and court. Rote: Lead Architect CITIZEN'S BANK ARENA, Onfario, Canada Project Description: A 10,000 seat arena to cater to sports and entertainment events for the quickly growng city of 0atarno- Role; Lead Architect CHICAGO FIRE STADIUM, Chicago, tt Project Description: A 20,D00•sea t soccer stadium with full stage and capabilities for rock concerts Role: Lead Architect GRANGE COAST COLLEGE FITNESS CENTER, Costa Mesa, CA Project Description: A 30.000 sf facahty that included locker rooms for the footbalt team and strength and training rooms for curnculum classes. Rate: Lead Architect AL AIN SPORTS CITY, UAE Project Description; A design loran entire new city in UAE dedicated to life and sports. To include a professional soccer stadium, an arena, a natatorium, a tennis stadium, various practice fields and courts. housing, recreation centers and parks, offices and more. Rote-, Lead Architect ALBUQUERQUE ARENA, Albuquerque, NM Project Description: A 9D00-seat arena in the heart of downtown Albuquerque developed from programming through schematic design- Avariety of sites were studied with a complex and potiticaI cti eat group to achieve a design that was both exciting and within the bmited budget. Rote: Lead Architect WEST COVINA SPORTSPLE%, GOLF COURSE CLUBHOUSE. West Covina, CA Project Description; A 43-acre development Ihat +ncludes an 10-hole municipal golf course with club house, a'Big league Dreams' venue, with restaurant, volleyball, soccer included and a commercial retail center Role: read Architect PHILADELPHIA EAGLES STADIUM, Yhrladelphia, PA Project Description: A new 65,000 seat NFL stadium with a variety of high end clubs and restaurants, a number of suites, and full stadium amenities. Role: Lead Architect RIO BE JANEIRO CONVENTION CENTER AND ARENA, Rio De Janeiro, Braait Project Description: Complete conceptual design for a development group. Rate: Lead Archrtec! SALVADOR SOCCER STADIUM, South America Project Description: Complete conceptual design of a 20,000seat stadium for a development group based in South America. Rate: Lead Architect DODGE THEATER, Phoenix, AI Project Description: A 5000-seat flexible performance theatre with the ability to host awide range of event types from off-Broadway theatre to boxing toconcerts and more. This building is a new prototype m the range of event spaces. Role: Lead Architect STAPLES CENTER, Los Angeles, CA Project Description: AA 20,000-seat NBA and NHL state-of-the-art arena with suites, restaurants, clubs, retail and office space. Role: Lead Architect APPENDICES KEY PERSONNEL RESUMES RA-DA, Architects I f Ix" vrlc- RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES WORKSPACE INTERIORS & MASTERPLANNING coot. DOC MAGIC, Torrance, CA Project Description: A radically forward -thinking design for an 16,000 sf company headquarters. Rate: Lead Architect SONOS CAMPUS MASTERPLAN AND CAM13RIDGE. MA STUDIO, Cambridge, MA Project Description: A Complete new master plan consisting of three separate buildings linked by outdoor lounges and walkways for the Santa Barbara headquarters of Sonas - the wireless speaker company - Role: Lead Architect OFRSHMAN OFFICES, Los Angeles, CA Project Description: Tenant Improvement of 1.800 sf Office suite with and ADA restroom upgrade, including 4 offices, Pantry, Workroom, & Reception/Lounge. Complete modernization and renovation of all finishes & fixtures. Role: Lead Architect BUGABOO HEADQUARTERS, Ef Segundo, CA Project Description: An elegant and simple 10.000 sf office space for the company's US headquarters in an old existing warehouse building. Role: Lead Architect RIVER RIDGE GOLF COURSE CLUBHOUSE RESTROOMS, Oxnard, CA Project Description: The renovation of their existing 4 public restrooms to upgrade the clutihnuse facility Role: lead Architect 72ANDSUNNY OFFICE N2, El Segundo, CA Project Description: A 10.00sf office space for the growing advertising agency in the heart of Marina Del Rey. Role: Lead Architect ARCHITECTS OFFICE, El Segundo, CA Project Description: A 5700sf open and innovative office space for 35 emptcyees. Rote:I ead Architect 72ANDSUNNY OFFICE N1, El Segundo, CA Project Description: A 5000sf expansion and refurbishment of the hip young advertising agency's space to house 30 people - Role: Lead Architecl THE SPACE AT CHASE, Ef Segundo, CA Prajoct Description: Situated at the far end of the upper concourse inside the baseball park in Phoenix Arizona, this cutting edge, open and flexible work space maintains incredible views of The park and the game Rate: Lead Architect PPUSA HEADQUARTERS, El Segundo, CA Project Description: A 25,0005f office space for the growing development company in Indianapolis. Rote: Lead Architect APPENDICES RA-DA CITY OF PALM ❑ESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES KEY PERSONNEL RESUMES RA-DA, Architects KLASS PAWN, Santa Monica. CA Project Description: A modern pawn shop in the heart of Santa Monica Role. Lead Architect SONGS STUDIO, Los Angeles, CA Project Description: A retail space that transforms into a nighttime music venue for Sonos - the wireless speaker company. Quickly becoming a center of music and cultural events in the heart of Los Angeles. Role: Lead Architect KITSON. Various Southern California Locations Project Description: New store concept and planning for 3 new stores in Southern California for this hyper -trendy retail.. Role: Lead Architect DEYERMOND BOOKS, Santa Monica. CA Project Description: A new bookstore and gallery on Main Street in Santa Monica Role- Lead Architect BUGABOO US SHOWROOM, & Segundo, CA Project Description: The only product showroom in the United States. Role: Lead Architect YOGOYA YOGURT, China Project Description: A new franchise of high end yogurt shops in China Role: Lead Architect BUGABOO CONCEPT STORES, Various Locations Project Description: Concept design for extremely high end design boutique stores Ms Alomar was invited to design their first and prototype series of stores for America and beyond. Role: Lead Architect WOODFIELD GROSSING, Indranapubs, IN Project Description: A 24 acre retail and entertainment development in lndianapolis to include 500,000sf retail, a 50OD-seat performance theatre, a 2000-seat amphitheater, a boutique hotel, luxury condominiums, and parking structure. Role: Lead Architect PLAZA EL SEOUN00. Et Segundo, CA Project Description: A fresh look at retail makes this a unique project A series of different shopping experiences target different demographics and provide 500.000 sl of lifestyle and youth retail in a contiguous devetopment. RA-DA also developed the signage and branding for this project Role: Lead Architect EQUATOR COFFEE, Venice, CA Project description: A new coffee bar and kitchen integrated into the existing bookstore. Role: I ead Architect EQUATOR BOOKS, Venice, CA Project Description: A highly acciaimed design for a green and unique bookstore 1 gallery that has become a center for culture in Venice. California. Role: Lead Architect APPENDICES KEY PERSONNEL RESUMES RA-DA, Architects Education Masters oI Architecture 5CI-Am 1 Soul hern Calitorn ia Inshtule of Arc hitecIure Los Angeles . California 1997 MBA in Marketing Fordham University New York, NY. 1988 B.5 in Economics MIT 1 Massachuselts institute of Technology Cambridge, MA. 7985 Desig n Awards LA Business Council Design Award. 2009 Grand prize Winner, Sustainable Priwices Award, 2012 A Instilute Honors Award for IntenorArch itectune, 2013 vis,on Awards, Floor Focus. 2013 SCI-Arc 40/40.2013 .bbrer.list of PuMlcations Amencan Homestyle & Gardening KPIc hen Article RA-OA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES 5 0 F I A AMES, Project manager Sofia Ames came to work with RA-DA in 2008 bringing with her several years of experience in urban design, commercial projects and public and private housing. Her experience in renovations is broad and has honed her ability to address the issues raised by existing structures and their renovation. Also her familiarity with California Building Code and the approval process for city building departments and other pertinent agencies make her a perfect candidate to lead those aspects of this project. Ms Ames' role in this project is to manage both our internal team of archjtects and our external team of consultants. She will work closely with you also on day to day issues and along with Rania Alomar, will be a second point of contact for you. Internally she will focus on materials selections, specifications and coordination amongst the consultants. She will also shepherd the drawings through the relevant agencies to obtain approvals and be available for the required site meetings during construction. Her primary focus on the project is to lead our internal and consultant teams, make sure that we are delivering a well coordinated and constructible set of drawings and specifications and to follow through in the permitting and construction phases. List of Previous Experience on SrmrlarProlerts (.Similar sire, scope, type, complexity] ANIMAL FACILITIES - SHELTERS, RESCUES, HOSPITALS, WELLNESS CENTER SOUTH LOS ANGELES ANIMAL SERVICES CENTER 2, CHESTERFIELD SQUARE, L.A., CA Proijec1 Description: An award -winning design for a very unique tacitity for the City of Los Angeles. At one and a half acres and 260 kennels, this is one of the targest facilities in the country. Atso a sustainable LEED Silver rated design RA-DA also developed the signage and branding for this project. Role: Architectural Designer WESTSIDE GERMAN SHEPHERD RESCUE, Los Angeles, CA Project Oescription: An 11,000 st renovation of an existing warehouse into a hi -tech Animal Facility. The facility houses 60 kennels, administrative facilities, exam and birthing rooms, a grooming room, laundry facility and large community room adjacent to the lobby Role: Architectural Designer LONG BEACH ANIMAL EMERGENCY, Long Beach, CA Project Description: A 3.300 st renovation with Exam Rooms. Pharmacy, Labs, Bray, Ultrasound, Surgery, Dermatology, & Kennets. This project is characterized by an extremely efficient and functional design, an extraordinarity fast design and construction schedule and a very stringent budget. Exceeding expectations, RA-DA worked closely with the client and met all three parameters and procured a permit for construction. Our clients business was dependent on opening by a certain date, and this is what ultimately drove our design and deliverables. We were able to meet the client s extremely short deadline by finishing design and construction documents in 3 weeks and expeditiously attaining the permits as fast as possible Role: Architectural Designer APPENDICES RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES KEY PERSONNEL RESUMES RA-DA, Architects Cyst Other Rvievani' Etperrence OTHER PROJECTS — CIVICIMUNICIPALIPUBLIC/LEEO U.S.C. JOHN MCKAY CENTER -ALL SPORTS BUILDING, Cos Angeles, CA Project Description: Teamed with mega -firm HNTB, RA-DAwas the interior design firm for the new USC building a 100.DOOsf facility on campus to house a complete athletics program including administrative office, training, lockers for the football team and general classrooms for the students. Role: Architectural Designer CITY OF OXNARD YOUTH AND COMMUNITY CENTER, Oxnard, CA Project Description: A 30,000 sf renovation of an existing concrete bunker into a modern community building, housing a variety of activities from video and sound production studios to dance studio and strength and cardio training facility. Role: Architectural Designer REDONDO BEACH NORTH BRANCH LIBRARY, Redondo Beach, CA Project Description: A 13.000 SF library and community center. This LEE Gold level buitding is playful and impactful, delivering a surprising presence for such a modest budget Rate: Architectural Designer RIVER RIDGE GOLF COURSE MAINTENANCE, CONCESSION, & RESTROOM BUILDINGS, [Oxnard, CA Project Omscription: The River Ridge Golf Course is built on a landlilt and owned by the City of Oxnard RA-DA was engaged to design a series of buildings for the golf course. These ranged from public restroom and concession facilities. maintenance, and storage facilities. Role: Architectural Designer WORK SPACE INTERIORS & MASTERPLANNING ■ Doc Magic, Torrance, CA • Bugaboo Headquarter Offices, Los Angeles. CA ■ 72andsunny offices 1, El Segundo, CA • 72andsunny offices 2, El Segundo. CA RESIDENTIAL ■ La Jolla Residential House, West Hollywood, CA • Ames/Murray Residence, Los Angeles, CA • Gunning/Iutaut Residence, ■ Natalie Irnbruglia Residence, • Ames Sr. Residence ■ Levin Residence • Enclave Records • Ames Residence APPENDICES KEY PERSONNEL RESUMES RA-DA, Architects Education Masters of Architecture College of Architecture & Urban Design UCLA Los Angeles, California. 2014 UAL in Architecture University of Hong Kong Hong Kong, SAR 2009 Design Awards NYCxDesign, 20 t 7 RA-OA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES CAT HERINE WU, Project Architect Ms Wu has been with RA-DA for over 4 years- She is a diligent and talented architect with broad experience in new construction and building renovation. Her design sensibility and attention to detail will prove to be a great asset in this project - Ms Wu works closely with Ms Alomar early on in the project phases to transform design ideas into a strong working set of drawings. Her strong understanding of good architecture allows her the abili- ty to realize ideas into elegant spaces. Her strong ability to communicate design and coordinate with con- sultants also ensures that no part of the design goes without me- ticulous attention- She has the ability and experience to ultimately coordinate the work into a cohesive set - SELECTED PROJECT EXPERIENCE VENTURA COUNTY ANIMAL RESOURCE CENTER, Camarillo, CA Project Description - High level master planning of their current facility to improve the cur- rent state of operations and incorporate modernized housing for the animals and a rework, frig of the site for better flow The subsequent phasing of this master plan, breaking it down into manageable phases that cause minimal disruption to the functionality of the facility and the health of the animals Rote - Projecl Manager BEST FRIENDS ANIMAL SOCIETY ADOPTION CENTER, New York, NY Project Description - A 5.000 5F renovation of an existing ground level retait space and basement level back of house in a building in SOHO, New York- This was a flagship space for the non -profit that not only creatively houses animals for adoption but also serves as a brand and messaging center, providing the publrc an opportunity to get involved in their mission. Role - Project Manager LONG BEACH RESTAURANT AND CONCESSION BUILDINGS, tong Beach, CA Project Description - The redeisgn of the beach front in Long Beach to include the renova- Iion of existing concession buildings. the addition of a new restaurant budding wrth outdoors space, restrooms, showers. and a large playground. Also, the addition of a series of 'Activity Nodes' along the bike and pedestrian path Role - Project Manager HOUGHTON PARK COMMUNM CENTER, tong Beach, CA Project Description - A new 6.500 5F building to house multipurpose rooms, restrooms, and a programmable courtyard space. The renovation of the existing 10.000 5F community center adjacent and a new parking tot. LEER Silver Rote - Profecr Manager DIGITAL OCEAN HEADQUARTERS, New York. NY Project Description - A 20.000 SF renovation that consists of two floors in a Manhattan high rise- This is the headquarters for a modern tech office Role - ArchrtecfuraI Designer APPENDICES KEY PERSONNEL RESUMES RA-DA, Architects Education Masters of Architecture University of Southern California Los Angeles 2014 B-A- in Architecture Bening University of Technology Beilmg 21011 KEY PERSONNEL RESUMES RA-DA, Architects Education B-A. in Architecture Southern California Institute of Architecture Los Angeles 2015 Associates of Architecture Miami -Dade College Miami 2012 RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES SHU CAI, Architectural Designer Ms Cai has been with RA-DA for 4 years and holds a key rate in our technical team of architects and designers. Ms Cai has broad experience in all types of projects and has focused on construction documentation, detailing, permitting, specification writing, and con- struction administration. SELECTED PROJECT EXPERIENCE HOUGH TON PARK COMMUNITY CENTER • New Building HOUGHTON PARE{ EXISTING BUILDING RENOVATION - Renovation AiAMITOS CAFE AND CONCESSION BUILDING & PLAYGROUND • New Building LONG BEACH - BEACH FRONT RENOVATIONS - Renovation DIGITAL. OCEAN HEADQUARTERS • Tenant Improvement GFP REAL ESTATE - Tenant Improvement LUISANA HERNANDEZ, Architectural Designer Ms Hernandez has been with RA-DA for 2 years and has focused her skills on design and documentation of a variety of different types of projects- She is typically on board early on In a project and works ctosety with Ms Alomar on design and continues on a project through the construction documents phase to ensure that early de- sign concepts are carried through into all aspects of the project. SELECTED PROJECT EXPERIENCE HOUGHTON PARK COMMUNITY CENTER - New Budding HOUGHTON PARK EXISTING BUiLD1NG RENOVATION - Renovation ALAMITOS CAFE AND CONCESSION BUILOINO & PLAYGROUND - New Building LONG BEACH - BEACH FRONT RENOVATIONS - Renovation DIGITAL OCEAN HEADQUARTERS - Tenant Improvement GFP REAL ESTATE - Tenant Improvement APPENDICES RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES HOUGHTON PARK COMMUNITY CENTER THE BEACH FRONT AT LONG BEACH APPENDICES RA-DA CITY OF PALM DESERT RFP PROFESS IDNAL ARCHITECTURAL DESIGN SERV[CES THE BEACH FRONT AT LONG BEACH I" APPENDICES RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES DIGITAL OCEAN HEADQUARTERS, NY ,.. - to jj I �, APPENDICES RA-OA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES DIGITAL OCEAN HEADQUARTERS, NY APPENDICES RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES SOUTH LOS ANGELES ANIMAL CARE CENTER r`, I- i APPENDICES RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL ❑ESIGN SERVICES SOUTH LOS ANGELES ANIMAL CARE CENTER r ., Its r, APPENDICES BOARD OF PUBLIC WORKS MEMBERS CYN;HIA M RUIZ PRESIDENT JULIE 8 GUTMAN VICE PRESDENT PAULA A. DANIInLS PRESIDENT PRO TEMPOkt VALERIE LYNNE StIAW COMMISSIONER ANDREA A ALARCON COUNIMSIONER JARAESA, G4MON EXF.CUTIVF OFFICER March 30.2010 RA -CA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL 0ESI6N SERVICES CITY OF L Q S A N G E L E S DEPARTMENT OF CALIFORNIA PUBLIC WORKS BURW Of ENGINEERING GARY LEE RAOORE, P E 'Y4 Gi CITY ENNECR 1140 S BROADWAY. SUITE 700 0`.♦ LOS ANGELES. CA gMiS.2213 NIP +renp I" nrfl pbx t ANTONIO R. VILLARAIGOSA NIAY01A To Whom It May Concern: The architectural firm of RA-DA designed the proposed South Los Angcics Animal Care Center, located 60M S. St. Andrews PI., Los Angeles CA 90047, The proposed Animal Care Center consists of approximately 22,40 GSF single story animul shelter with 46,200 USF of outdoor kennel area. The building is com}xru d of a spay and neuter clime, administration offices, community/training area, medical area, animal holding rooins, nursery, and staff support area. The proposed outdoor kennel area has 233 outdoor kennels, a bird aviary, get acquainted areas, a training yard and 3 wild animal cages. The design of the animal shelter also complies with Leadership in Energy and Environmental Design (LEER) andis slatedTo achieve a gold rating certification. The design schedule for the Animal Care Center was for 16 months. This timeframe included the procurement of the "Ready to Issue" Permit from the Department of Building and SActy And various Departments. It also required RA-DA to coordinate and sleet with Department of Animal Services. for scope guidelines and with the community and other entities for design approvals. The design was finished on November 2009 within schedule and within the budget of S17 million. The project is in Bid and Award Phase and currently we are evaluating the lowest bidder. 'trtte hids for the project were received in January 6, 2010 and the bids received had an average 111can of 40.79% below the City Engineer's estimate. To date, Tha►+e 6cen very satisfied wilh RA-DA's serviecs. They have proved to he except iona[Ty creative, responsive, and professional in their work and have successfully balanced our design goals n ith the projects budget limitations. I would dctiwitely recommend then► Cor the dcsi6m of another Animat Shelter, Sincerely, Alan Fspiritu, Project Manager Animal Vactlities-Aond Propam Bureau of Engineering City of Los Angeles APPENDICES RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES 310-783-7664 310-783---7665 tax Esplanade Builders, Inc. is a flail service General Contractor/ Construction Firm. We have over 12 years of experience, and have had the privilege to work closely with RA-DA on numerous projects, but in particular the Westside German Shepherd Rescue project. The greatest benefit that any Design Build Team can offer to Its clients is the peace of mind that comes from knowing that, no matter how big or small the project, their construction team can work together efficiently and harmoniously. We worked closely with Ra Da on this project, and their approach In the design and the construction phase was always very collaborative. Whether It was working together to address and resolve any Issues, changes made by the client, or working in conjunction with any other agency involved, the approach was consistent in concerted effort to service our cllent and exceed their expectations. Our client WSGR can attest to the Fact that the design teams ability to work closely together with attention to detail, professionalism, and efficiency all comes with from their experience. We appreciated the fact that Ra Da was timely and rigorous in their processes for reviewing submittals and answering RFIs. We found them to be an excellent partner in this endeavor and I believe it is evident in the quality of the building. Christian D Sorenson President / General Contractor Esplanade Builders, Inc. APPENDICES RA-DA CITY OF PALM DESERT RFP PROFESSIONAL ARCHITECTURAL DESIGN SERVICES LONG BEACH ANIMAL EMERGENCY 4720 E. PACIFIC COAST HIGHWAY I-ONG BEACH. CA 908(W (562) 735-52{]0 W WW.I.BFRVE'r.COM 19 May 2013 To Whom It May Concern: Rania Alomar AIA, and the team at RA-DA, designed my new veterinary hospital in Long Beach in the summer of 2011. I was up against severe time constraints, and Rama worked with me to deliver the finished product in record time. I found Rania to be highly skilled and with an understanding of the needs of a functioning veterinary hospital. Animal facilities require special plumbing and lighting and air flow — all of which Rania was familiar with. Our facility is as functional as it is beautiful. It is easy to keep clean, odor free and comfortable for clients and staff. But my patients are the real beneficiaries of Rania's design! Please feel free to contact me if you have any questions concerning RA- DA. I would be happy to speak with you. Hospital: 310-325-3000 or Mobile: 310-594-8547 Best regards, Jonnie Quantz ❑VM Owner Long Beach Animal Emergency Animal Emergency Medical Center/ Torrance Mobile Animal CT R � r CITY OF PALM DESERT PEOULST FOR QUALIFICATIONS ON -CALL PROFESSIONAL ARCHITECTURAL SERVICES DEPARTMENT OF PUBLIC WORKS ARCH[TECTURE,IHG• NOVEMBER 2Z 2018 I p� FIRE STATIONS - ENTERTAINMENT • COMMUNITY AND LIBRARY • PARK FACILITIES -;'_ d Cora L. Gaugush, Management Specialist II August 22. 2918 City of Palm Desert. Public Works 73-510 Fred Waring Drive Palm Desert. CA 92260 Dear Ms. Gaugush: STK Architecture. Inc. is pleased to submit our qualifications documenting our tangible benefits uniquely suited to perform professional services for the City of Palm Desert. Experience, Knowledge and Reputation Since 1969 STK Architecture, Inc. continues to design and manage successful projects for our growing base of over forty California municipal. County. State and Federal agencies. Over 60% of these same agencies have chosen STK for multiple repeat projects based on past performance. STK offers experience in both the programming and design of a vast variety of building types. Armed with the latest trends in technology. sustainability, security. and cost-effective construction. STK can guide the City of Palm Desert in developing the best plan to organize, utilize and operate its building. Our team is experienced with LEE❑ and is committed to integrating sustainable or green design prin- ciples appropriate to the City's goals. These skills make STK a qualified and experienced full service architectural firm organized to serve the City of Palm Desert on this project. Local Presence, Reliability and Teaming STK Architecture, Inc. has. provided architectural services in California and throughout the nation for decades. We are confident that our years of specialized design experience. coupled with our commit- ment to the success of our clients. will provide you with Successful results Project Spec& Experience STK Architecture. Inc. has been providing On -Call Services for the past ten years to: 1. Riverside County 2. San Bernardino County 3. City of Moreno Valley STK has assembled a competent team of consultants who deal with countless renovation. alteration. and new projects on a dally basis In addition to our County and City clients. STK provides renovation, alteration/ design services to na- tional movie theatre clientele on a regular basis. STK's Sub -Consultants STK Architecture is proposing the following consultants: • Latitude 33 -- Civil Engineering Services • Alhambra Group -- Landscape Architecture Services • ISE Consultants -- Structural Engineering Services • Saias - O'Brien -- Mechanical/ Plumbing/ Electrical Services Required City Statements • STK's Board of Directors has authorized G.V. Salts to bind STK Architecture, Inc. with the City of Palm ❑esert. • G.V. Salts attests for STK Architecture, Inc. that all the statements made in these qualifications are true and correct. • STK acknowledges the receipt of addenda. This response and the information therein is valid for not less than (60) days from the date of the submittal. We welcome the opportunity to present our ideas in more detail should we be invited for an interview. In the mean time, if the are further estions, please do not hesitate to contact us. G.V. Salts, Architect/ NCARBI Coo California License #C22977 gvsalts@stkinc.com cell: 951.377.6009 fax: 951.296.6079 Experience Our team of eleven employees has developed professional experience in many types of facility design, including: • On -Call Services • Administrative Centers • Fire Stations • Libraries • Community Centers • Multi -Cinemas and Live Theatres • Entertainment Centers • Specialty Retail Facilities • Mixed Use • Parks • LEED Building Design • Commercial Office Buildings • Courtroom Facilities • Communication Facilities • Medium Security Prison Facilities • Financial Institutions (Banks) • Vehicle Maintenance & Repair Facilities Firm History STK Architecture Inc., was founded in 1969. We offer a full range of architectural services including architectural design, sustainability, interior design, master planning, and feasibility studies. Our continued commitment to clients and their needs has earned us the trust of valued people and organizations. Since our founding we have been involved in a diverse selection of commercial, governmental and institutional projects for a variety of established clients. Our firm is extremely sensitive to strict time -lines. adherence to budgets, and the needs, opinions and desires of our Clients. STK has successfully completed the following projects as part of "on -call" professional services contract for County of San Bernardino PMD Department in the last 5 years. Mojave Narrows Regional Park, Foot Bridge Baker Family Learning Center Glen Helen Campground Remodel Calico Ghost Town, Restroom Redesign Angelus Oaks Fire Station Spring Valley Lake Fire Station Rialto Preschool Warehouse High Desert Juvenile Detention Center, Conversion San Bernardino County Probation. CIU Remodel Child Services Warehouse, Hallmark Property Lake Arrowhead Fire Station #91. Exterior Door Awnings ❑evore Animal Shelter, Misc. Maint. & Improvement Project Parker Sheriff Residence, Garage Building Fleet Services Auto Shop, Mezzanine Storage Design Park Moabi_ Boat Wash Station/Restrooms Chino Airport, Hanger #1-4 Chino Airport. Restroom As -Built and ADA Upgrades Fleet Services Auto Shop, Building Expansion Barstow Fleet Services Auto Shop Glen Helen Shooting Range, Backstop Remodel Glen Helen Rehab Center, Camera Surveillance Arrowhead Fire Station #92, Metal Building Canopy 4111/13 5/7/2013 7/1/2013 711 /2013 11/1/2013 12/13/2013 9/3/2013 2/3/2014 4/1/2014 411 /2014 4/1/2014 7/1/2014 7/1/2014 9/2/2014 101112014 10/1/2014 11/3/2014 1/7/2015 1/7/2015 2/2/2015 3J212015 3/2/2015 Arrowhead Fire Station #94 Metal Building Canopy 3/2/2015 Glen Helen Rehab Center, Shower Repairs 8/3/2015 Calico Ghost Town Camp '0' Camp Site Utility Hoak Ups 101112015 Fontana Probation, Secure Parking Lot 10/112015 Lake Gregory, Restrooms & Ticket Booth 1011/2015 Yucaipa Park, Tent Shelter 3/6/2016 RYEF, Modifications to Boys Dorm Unit 4/1/2016 Wrightwood Fire Station 414 5/3/2016 Glen Helen Shower Remodel, Phase II 5/3/2016 Lucerne Valley Fire Station #8, Bunk House Addition 6/3/2016 West Valley Detention Center 6/13/2016 Calico Ghost Town Campground 'a' Cabins 111812016 Needles Fire Station 12/15/2016 Calico Ghost Town Campground, New Water System 12/15/2016 Mentone Fire Station #12, Structural Evaluation 3/3/2017 Del Rosa Head Start. Structural Assessment 313/2017 Waterman Gardens Head Start, Structural Assessment 3/3/2017 Redlands Sun Head Start, Structural Assessment 3/3/2017 Calico Ghost Town Roof Repairs 4/7/2017 175 W. 5th St. Roof Recoating 4/7/2017 Youth Justice Center Roof Replacement 417/2017 Glen Helen Gun Range Backstops 6I512017 Glen Helen Fire Department, New Metal Building 6/12/2017 Needles Library. Roof Replacement 6/12/2017 900 Gilbert Street Landscape Improvement 8/8/2017 Yucaipa Regional Park, ADA Restroom & Picnic Shelters 9/11/2017 Devore Fire Station Feasibility Study 10/20/2017 Redlands Museum, ADA Remodel Project 10/24/2017 Glen Helen B-Block Shower Repairs 10/25/2017 Chino Dairy Farm Demolition 12/18/2017 Rialto Ave. Residence Demolition 12/18/2017 SIB Probation Tattoo Removal Facility 11412018 John Rains House Museum. Building Evaluation 2/5/2018 West Valley Regional Training Center 7/1/18 Agriculture Weights and Measures 2/15/18 Barstow Probation Building Improvements 9/1118 Glen Helen Gun Range Restrooms 10/15/18 Lucerne Valley FS #8, Bunk House Addition 411118 Yucaipa Park Special Event Entry 9/15/18 Devore Fire Station/ Clearwater Feasibility 4/30/18 Fire Station #96, Fawnskin, Architectural Schematic Design 813/18 John Rains House Museum Vineyard/ ADA Restrooms Pending Rancho Cucamonga Modular Bldg Pending F.S. #14, Wrightwood, CA ADA Restroom/ Fire Pole Pending F.S. #91. Lake Arrowhead. CA Office/ Security Remodel Pending Calico Ghost Town, Roof Repairs Pending Rodman Tower Antenna Pending Contacts: Joseph Hughes City of Highland 27215 Base line Highland, CA 92346 909-864-6861 Greg Bacon San Bernardino Special Districts Department 157 W- Fifth Street San Bernardino. CA 92401 909. 387.6076 Ken Hylin San Bernardino County PM❑ 385 N- Arrowhead Ave. Third Floor San Bernardino, CA 92415 909-708,6463 Frank Gonzales Riverside County, EDA 3403 10th Street Suite 500 yl!, Riverside, CA 92501 i ._ 951.955,8468 "Tire City of Highland has been working with STK Architecture for many years with great success. The STK team has always maintained a professional attitude while delivering outstanding service- 1 would recommend STK Architecture to anyone looking for an architectural firm. Joseph Hughes, City Manager. City of Highland r DESIGN APPPOACN STK puts into practice Whole Building Design, a strategic and systematic way to achieve a true high-performance building: one that is cost- effective over its entire life cycle. safe, secure, accessible, flexible, aesthetic, productive, and sustainable. Project goals are identified early and held in proper balance during the design process Whole Building Design 06jectires: • Accessibility • Aesthetically Appropriate • Cost -Effective • Functional/Operational • Historic • Productive • Secure/Safe • Sustainability PROBLEM SOLVING DESIGN Research the Project Gather information from a broad range of sources Esta6lis6 Goals and 06jectires Guides the remainder of the process Gather Pelevant Information Users, equipment 4. Identify Strategies Establish adjacencies and circulation s. Determine Quantrtative Requiremerfs Reconcile budget and schedule 6. Summarize the Program Document pertinent information for the owner DESIGN QUALITY CONTROL PLAN Pesults ❑f STK Quality Control Program: The standard of the industry for change order percentages is approximately 5%. STK has an overall change order percentage of less than 1 %, with several projects less than 11211o. Currently. over 75% of our projects are with return clients. Compliance With Project Stkedule: STK emphasizes the use of detailed schedule documents with regular progress updates to complete work on time. An outline schedule is published as one of the initial tasks of the project Updates and added detail are implemented often and regularly to identify and correct the time line. Camille Pulliam Acton G.V. Salts Tony Finaldi CEO COO CFO Architect Architect Architect carton@stkinc.com gvsalts@stkinc.com tfinaidi@stkinc.com Kevin Troutman Director Architect ktroutman@stkinc.com Caro! Kurti-Greska Roberto Rubini Jaisaeng Namvong LEE❑ Victor Rocha Jonie Romano John Ingram IT Manager Financial Manager Steve Blanding Shannon Schindler sschindler@stkinc.com ;� �. _ . �_ . � _ T , . r + � . ��n �' � Role In The Firm: Project Architect, COO Experience: Since 1984 With STK: Since 1987 Education: Bachelor of Architecture Kansas State University, 1986 Professional Registration: CA Architect License T22977 NCARB #63217 G.V. has peen the principal -in -charge of fire stations and a variety of municipal and public works projects. Mr. Salts joined STK in 1987 as an intern architect and became an owner in 1999. He has been the principal -in -charge of fire stations and a variety of municipal and public works projects including libraries, governmental buildings, offices and communications facilities. G.V. has worked with multiple county, city and regional municipalities. as clients, to design and implement their facilities. Additional work which rounds out his architectural. and master planning experience includes • Administrative offices • Fire stations • Libraries • Community centers • Maintenance facilities Relevant Projects: • Home Gardens Library, Riverside County, CA • Baker Family Learning Center, Muscoy, CA • Menifee Fire Station No. 7, Menifee, CA • Morrison Park Fire Station, Moreno Valley. CA Role In The Firm: Project Architect, CFO Experience Since 1994 Witb STK: Since 1994 Education: Bachelor of Architecture Woodbury university. 1993 Professional Pegistra}ion: CA Architect License'C-31475 NCARB'65520 LEED Accredited: USGBC 2009 Tony's strengths are in overseeing document production and construction administration of projects. Mr. Finaldi joined STK in 1994 and became an owner in 201& Tony has managed all phases of Fire Station Projects, Community Centers, Movie Theatres. and various Verizon Projects. Tony currently serves as a Project Manager on various San Bernardino County Projects, Fire Station Projects, Community Centers and, currently, Northwest Riverside County Animal Services Facilities for the Riverside County Economic Development Agency. He is well versed in coordination ❑f construction documents with the various disciplines, document review. agency and contractor negotiations. Tony's strengths are in overseeing document production and construction administration of projects. Relevant Projects: • Northwestern Riverside County Animal Shelter. Riverside.CA • Baker Family Learning Center, Muscoy. CA • Brawley Fire Station. Brawley. CA • Thermal Fire Station, Thermal, CA Role In The Firm: Project Manager Experience: Since 1994 With STK: Since 1994 Education: Bachelor of Architecture California Polytechnic State University, Pomona, 1994 Professional Registration: LEES Accredited: USGBC, 2009 Carol has had experience in assisting in all phases of project design and construction documents for various building types. Ms. Kurti-Greska joined STK in 1994 after graduating from Cal Poly Pomona. She comes from a diverse background in mechanical engineering, manufacturing and construction. Carol has had experience in assisting in all phases of project design and construction documents for various building types which include movie theaters, fire stations, community centers and childcare centers. She became responsible for the interior design and building products samples and literature, giving her a vast knowledge of building products. She has the skills required for coordination of consultant's construction documents, agency reviews. and client requests. Her design experience includes Desert Hot Springs Fire Station, Cal Poly Pomona Emergency Operations Center, and the Phelan Fire Station. Carol was the project manager for the Gilman Ranch House Museum. City of Fontana Fire Station 79. Mesa Verde Community/Childcare Center, Thermal Fire Station, Baker Family Learning Center and Perris Adult Rehabilitation Centers Warehouse (Salvation Army). Relevant Projects: 0 • Rialto Fire Station, Rialto, CA • Menifee Fire Station, Menifee. CA • Mariners Fire Station, Newport Beach, CA • Perris Fire Station. Perris, CA • Cal Poly Pomona EOC, Pomona, CA • Angelus Oaks Fire Station. Angelus Oaks, CA 1 �TJ J Mr. Namvong came to STK in 2005 as an Architectural Draftsman after moving to the area with two years experience in Riverside, including public and private community recreational facilities, places of worship. hospitals and residential projects r Since joining STK, he has worked on several projects for San ` Bernardino County, Riverside County Fire Department & Economic Development Agency. His experience includes Fire Stations. Animal Shelter, Juvenile Detention Facilities, Pole In The Firm; Park Projects and numerous Tenant Improvements. Senior Job Captain, Project Coordinator Relevant Projects: Experience: • Eastvale Fire Station, Eastvale, CA Since 2003 • Brawley Fire Station, Brawley, CA • Thermal Fire Station. Thermal, CA With STK: • Spring Valley Fire Station, Victorville. CA Since 2005 • Perris Fire Station, Perris, CA Education: • Moreno Valley Fire Station, Moreno Valley, CA Bachelor of Architecture Woodbury University, Project Details for Thermal Fire Station: Riverside County Economic Development Agency 44-199 Monroe, Suite B. Indio, CA 92201 Contact: Joaquin Tijerina, Project Manager 760.863.2529 Scope: Programming througk C. A. Project Manager: Tony Finaidi Square Footage: 9.515 The Cultural Center was originally con- structed in 1923 as a Methodist Church. The building is three stories tall. The lower level was once used as a general meeting room and was complete with a kitchen and stage. The Main Street level is seven steps above the sidewalk that allows for a grand entrance into what once was the main worship area. The upper level contains a choir loft on one end of the church and on the opposite end is the pastor's quarters and the organ room. The City acquired the property in the late 80's and has been using it as a museum on its lower level and for city council meetings on the main worship level Project Details for Lake Elsinore City Nall & Cultural Center Seismic Restoration: City of Lake Elsinore 130 Soutk ("lain Street Lake Elsinore. CA 92530 Project Details for Rosetta Canyon Parh Prase 2: Poselta Canyon Park is a 25-acre, $10 M community park. Awarded tl a "Park and Recreation Project of ti're Year" Outstanding ASCE Award, 2017 APWA/IE Small Project of k6 Year Award, 2017 Rosetta Canyon Park is a 25-acre, $10 M community park that includes 5 softball/baseball diamonds. 240 parking spaces. concession (commerciallrestroom building) with upper deck viewing area to all five diamonds, one football field. tot -lot. dog park, community garden and a 70' high clock tower that hides an AT&T cell tower. "Sports Capital of the World" is the theme of the park. The park is located in the middle of a new development of single family homes and apartments. City of Moreno Valley 14177 Freclerick Street Moreno Valley, CA 92552 Contact: Henry Mgo, 951.413.3106 Project Details for Moreno Valley City Hall Seismic Upgrade & Renovation: Project Cost: $680.000 Change Orders: $19,000 or 34% Project Details for Moreno Valley City Hall Annex #1 Renovation: Project Cost: $1.1 Million Change Orders: $15,000 or 1.5% Moreno Valley City Hall Seismic Upgracle & Renovation: STK assisted the City of Moreno Valley in 2012 with the seismic upgrade to the 72,000 S.F. two-story City Hall. The scope of work also included a new roof, a new 2nd floor, lightweight concrete acoustic floor, new carpet and paint. AAA restroom renovation and relocating +80 city staff mem- bers for 4 months. Moreno Valley City Nall Annex #1 Penovation: In 2012 STK completed the entire 13,800 S.F. building renovation for the city. STK developed plans for the city to relocate 3 city departments to a 25 year old existing commercial build- ing. STK developed a program, with each department head, and detailed each desk, power/data and equipment into final design. STK assisted the city with Bidding and Con- struction Administration services. Project Details for Glen Helen Training Range: Contact. Ken I-lylin, San Bernardino County PMD 385 North Arrowhead Ave., Tbird Floor, San Bernardino, CA 92415, 909.708.6463 Construction Cost: $1.2 Million The San Bernardino County Sheriff's Training Academy has been open since the late 1950's. The Firearms Training Range consisted of an earthen hill until recently. In order to better comply with environmental regulations the Sher- iff's Department decided to install a Gel-Cor/BRM backstop system by Paragon Tactical (Corona. CA). STK's scope of work consisted of coordination with the civil engineer and Paragon Tactical for the design and construction of the new backstops. The site drainage was a challenging design puzzle, as was the installation of the moving target system at the pistol range. CONTACT INFORMATION EXECUTIVE ARCHITECT AND SPECIALIZED CONSULTING TEAM STK Architecture, Inc. G.V. Salts 42095 Zev0 Drive, Suite Al Temecula, CA 92590 951.296.9110 MPE Engineering Services Salas - O'Brien (T-Squared Engineers) Professional Engineers, Inc. Farzad Tadayon, P.E.. CxA 3220 Executive Ridge, Suite 210 Vista, CA 92081 760.56&0100 Civil Engineering Services Engineering Resources of Southern California Planning and Engineering Matthew Brudin 1861 West Redlands Blvd. Bldg. 713 Redlands, CA 92374 909.890.1255 Landscape Architect Services Alhambra Group Landscape Architects Vincent Di Donato 41635 Enterprise Circle North Suite C Temecula, CA 92590 951.296.6802 Structural Engineering Services Innovative Structural Engineering Shawn Lothrop, P.E., S.E. 40810 County Center Drive Suite 110 Temecula, CA 92591 951.226,4355 SUCCESSFUL. WHOLE BUILDING RESIGN • A SOLUTION GREATER THAN THE SUM OF ITS PARTS 6 .w• „sir.., ej Rb 33 t' 1 Tuble of Contents I. I Letter of Transmittal Z. 1 Firm Qualifications 3. 1 Approach / Work Plan 4. 1 Team List S. [ Appendix 1. 7179 MAGNOLIA AVENUE ■ RIVERSIDE, CA 92504 ■ (951) 742-7179 November 27, 2018 City of Palm Desert — Public Works From: Cara L. Gaugush, Management Specialist II 75-510 Fred Waring Drive Palm ❑esert, CA 92260-2578 Phone (760)-776-6490 / Fax (760) 341-7098 RE: RFP - On -Call Architecture Design Services Dear Cora, Thomas Riggle, President E- Main Contact TR Design Group, Inc. (Legal name) 7179 Magnolia Ave Riverside, CA 92504 p: (951) 742-7179 / f: (951) 742-7178 thom a s0trdesigna roua.cam YOU DON'T KNOW US YET, BUT WE WANT TO HELP YOU We're on experienced architectural team based in Riverside. We're on -call for many agencies and regularly perform on public projects of all saes. We work to develop Client -Architect relationships of trust and integrity. WE'VE DONE THIS BEFORE Our public project experience includes libraries, community centers, city halls, warehouses, fire stations, police / sheriff's stations as well as tenant improvements, small CIP projects and many ❑thers, both large and small. QUALITY PROJECTS: ON -TIME DELIVERY It's what we are about and how we approach each project. SCOPE, SCHEDULE AND BUDGET These are the elements that go in to a successful project. We want to assist you in getting each upcoming project to the finish line on -time and on -budget. Thank you for the opportunity to present this proposal to the City of Palm Desert. TR Design Group attests that all information submitted is true and correct. TR Design Group's proposal shall remain valid for a period not less than 60 days. We have great interest in serving the City of Palm Desert as your on -call architects. If there are any questions, ❑r if you need any additional information, please give me a call at 951-742-7179. Thanks! Sincerely, Thomas Riggle, Architect, NCARB, AIA President w ww.trd esigng roup.cam F I R M Q U A L I F I C A T I O N S TR Design Group, Inc. is an award -winning, full -service, quality architecture and design firm. Beginning in 1999 with the now - president, Thomas Riggle, the firm is a California S-Corporation incorporated in 2005. Our legal name is TR Design Group, Inc. dba as TR ❑esign Group, Architecture. We are a Certified Small and Micro Business Enterprise (SBE / MBE) JDGS Ref, # 589221. Officers: ■ Thomas Riggle President • Pamela Forbes Vice President r Thomas Riggle Treasurer ■ Thomas Riggle Secretary We have experience and history throughout Southern California. We are a medium-sized firm and as such you will deal directly with senior staff. Your main contacts will be licensed architects with significant depth and maturity who have over 35 years experience. Our experience includes a wide variety of work for many public and private agencies including various multi -year on -call contracts for: Riverside County San Bernardino County City of Riverside City of Moreno Valley City of Montebello City of Fontana City of Lake Elsinore City ❑f Lake Forest City of Irvine City of Perris. Civic -Agency projects represent over 50% of our annual revenue. As such, we are very familiar with public bidding, prevailing wage requirements and agency driven projects. 3. A P P R O A C H W O R K P L A N We've worked for, or are on -call, for several public agencies. We understand the on -going needs of an agency like yours, in that, you are looking for a qualified, well-rounded, experienced and dependable consultant. We too are looking to develop our Client -Architect relationship with you. As you can see from the previous page, we have on extensive list of agency projects we have completed. This, coupled with our commercial and private clients makes us an excellent candidate for on -call with you, as we have completed projects similar to your list of projects in the RFP. Additionally, we've worked with various funding sources including State and Federally funded grant projects. We offer complete Architectural and Engineering services with our team. We Bring the following services to the City of Palm Desert: FANO &Va M pry Tow 6i. TUMOM A4 ONO 1 n 1 m "Xk s"W 1 1 om 6 1000 $r. room 4W 1 c6 ho" sb,OMw..r 4W 1 4M M R= too s lee TW"Lab 20 ?Do 1 ?M swwkb dowel Yo 6 1p eMAOW eoo s►s PRE -DESIGN / PROGRAMMING TR Design Group can assist your staff in determining the use and function of individual areas of buildings and grounds. On site observation will determine the style and scope of the project. We can establish relationships between different areas and determine how the building design can be integrated into the surrounding site. Functional requirements will be determined to provide proper circulation for pedestrian and vehicular concerns as well as building services functions and support areas. CONCEPTUAL DESIGN TR design Group can prepare concept drawings that illustrate basic issues for the agency's review and approval. Circulation diagrams will show how areas are connected and indicate the flow of people and vehicles through the streetscope and surrounding site. Elevation drawings will determine the modifications to buildings and their relationship with public spaces and services on a site by site basis. Each site is unique and requires a unique solution. The architectural style and how it relates to the surrounding area can be very different settings. TR Design Group will endeavor to use the appropriate design vocabulary to make the architecture a focal point or integrate it into the surroundings, as is appropriate. Each site, especially more remote locations, will require consideration of the appropriate materials and construction methods for each unique case. General code compliance will be reviewed. A statement of probable construction cost can be prepared to reasonably determine that the project can be built within the allocated resources. CODE ANALYSIS / ACCESSIBILITY REGULATIONS sys�r�vr+:vsx. TR Design Group's experience is top notch in processing s " imsr ORGM i applications, reviewing code requirements and dealing with various a�oa. Ana aosf Oac1M Comb 0*9 7tr OM* � governmental agency requirements. With experienced senior a.IOdn i ) Kr - mrjaw" architects with over 45 years experience and Certified Plans Examiner on staff, TR Design Group has depth in Building Udma 10osrroKr... Code issues. Also, Thomas Riggle zo�lomam has experience as a quality control plan checker for a 50-person firm, where many complete sets of construction documents, design review packages and CUP ' RooRrrtu applications crossed his desk. Thomas reviewed each application 00 , for thoroughness and completeness prior to releasing the documents o -40PSF for submittal to the various agencies. TR Design Group and its uWT ,o P7 r@O*V 60P consultants regularly assess and solve difficult occupancy, separation and ADA-access problems. FEASIBILITY REPORTS AND STUDIES Our experience with numerous clients has includes preparing complete feasibility reports and due diligence packages in which we assist real estate or site Teams in analyzing and selecting properties from several available locations. We can conduct feasibility reports that include options such as adapting existing buildings To new uses and solutions for how to cost-effectively achieve the desired results within a building. ILI - 1� L_ r n f-md Ff w tom• SPACE PLANNING Our experience includes space planning for office remodels in multistory buildings, including systems furniture selection, planning and coordination. We work closely with furniture suppliers and designers to provide full integration of the furniture, systems furniture and equipment with requested. SCHEMATIC DESIGN TR Design Group will compile the Program, Conceptual Design, Code Analysis and Studies into a defined building design. The building plan and elevations are developed; consultant engineers assist in assuring proper fit of structural and mechanical components and general code compliance is determined and established in Schematic Design. An estimate of construction cast can be prepared to assure the project is built with in allocated resources. The Schematic Design package is then submitted for the agency's review and approval. DESIGN REVIEW / PLANNING DEPARTMENT SERVICES We have served previously as the "on -call" consultant for the County of Riverside TLMA. We were their Design Review consultant for architectural projects in that, when applications came into the County TLMA and their staff needed assistance in processing applications, responding to applications, or providing additional design guidance, the County sent the projects to us for review, We provided full Development Guideline review to assess the project and respond to the opplicant(s). Typically the County looked to us to address site and building issues related to the developments and to assist the County and the applicant in achieving the Development Guidelines for the County. ENTITLEMENTS TR Design Group has represented numerous clients in obtaining land use entitlements. Although not needed on many public agency projects, our experience covers a broad range of entitlements, including comprehensive General Plan amendments, Design Review, Rezoning, Conditional Use Permits, Variances and more. We can assist with negotiating with other governmental agencies; preparing, coordinating and monitoring application materials; rebutting oppositions; and leading discussions with, or appearing before governmental -agency boards. We provide professional and comprehensive presentations representing our clients at board meetings, including Planning Commissions and City Councils. DESIGN DEVELOPMENT 4 The Design Development phase is important to assure that major •q^� �1' 11.' �`1 building components are designed to allow space for mechanical c= equipment, air ducts, etc. Structural systems are designed and sized; electrical services are calculated; and code requirements are indicated and incorporated into architectural design. Drawings are + prepared to show building sections, structure and systems components. The drawing package will be provided for owner approval and use in preparation for the use of the completed facility. unoaw a. ror :• CONSTRUCTION DOCUMENTS rc�r... pow we w.reee.mr _ � uww� v ^n The preparation of Construction Documents (drawings and specifications) for use in construction is a complex and detailed � roe.. •..rr I we wrro. process. Dimensioned plans are prepared; architectural details are designed; windows, doors and hardware are indicated; and i building materials, colors and finishes are selected. Detailed r� drawings and schedules are prepared for mechanical and electrical systems. If required. Drawings are coordinated with consultant =70X e.. �� engineers to assure proper fit and finish. A detailed statement of 1$ PARTTTINDETAIIS probable construction cost is prepared, A complete set of drawings and specifications are provided for agency and owner review and approval. PLAN REVIEW SERVICES As part of our team, Rick Jaeger is a Certified ICC Building Plans Examiner. Rick's experience includes numerous schools, university buildings, churches and prisons. Additionally, Ira Corpman, Senior Project and Quality Assurance Manager has nearly 45 years experience with a variety of building types. He regularly performs quality assurance reviews for our firm. Additionally, Thomas served as the in house quality control plan checker for a 50 person office. He also reviewed drawings for code compliance, accessibility, occupancy and constructability issues. We have the depth to serve as plan reviewers for your projects or for peer reviews. PERMITS �.+n rnr A�r� � rM SIR M11t e r /i/i� Irlw� lrlti kF W�l 4.x rM1wG yw. .• •rtrw G A� fp1 #rr p iw O�dlwr yypy 1`M Yrrwll�1Y �p F ilrwlew la Cbyr�� �wwm ivaa0cl !hrglihrl�•O� Awnp TR Design Group Makes every effort to assure that the plans we prepare are in compliance with applicable code requirements and local regulations. We research requirements during all phases of design and establish a relationship with the plan review agencies early in the design process to prepare for the plan submittal. We have extensive experience in securing agency approvals and permits and work closely with those agencies to process the permits and approvals in a timely manner. BIDDING TR Design Group can assist the agency in issuing plans to qualified building contractors. TR Design Group can assist in the review of bids and awards of contract construction, if required as part of the scope. We have extensive experience in securing agency approvals and permits and work closely with those agencies to process the permits and approvals in a timely manner. CONSTRUCTION OBSERVATION / CLOSE OUT TR Design Group can provide construction observation, including the review of shop drawings and submittals, to assure that products and equipment meet specified requirements, TR Design Group can review and changes in products and materials for equivalency. We also regularly conduct observation of construction and punch -list reviews as well as the final completion letter to assist you in the completion of the contract. SUSTAINABILITY We've worked with several clients to review and implement sustainable strategies. We've worked closely with our engineers to review and present LEEDO' strategies and qualifying elements. Concepts on past projects include storm water design; reduction of the heat island effect, light pollution reduction; water -efficient landscaping; recycled materials; low -emitting materials; locally supplied materials; lighting controls and daylighting; sustainability; and life -cycle costs. TR Design Group is a strong team and well -versed in LEED-. R E L A T I V E E X P E R I E N C E Photo Proiect Name 1 Public Aaencv 1 Descriotion Villegas Park Community Center Remodel - City of Riverside Recently completed, this extensive park and community center remodel included exterior renovations and expansion of this facility with a new lobby and connecting vestibule to integrate and better control the facility from a single point of reference. It also included new turf fields, sports lighting, an interior remodel with a commercial kitchen, ADA upgrades and a new game room in this 17,000 s.f. City of Riverside building. White Park J Dale's Senior Center - City of Riverside Renovation of an existing 10,720 s.f. building to remove the Parks Dept. offices and expand the senior center w include a new commercial worming kitchen and a banquet hall. Community meetings were held with the Parks Board to receive public comments and feedback. The project was awarded an Award of Excellence by the California Parks and Recreation Society in a statewide competition. New Marcy Library Branch with Parks, _ Recreation & Community Services Offices for the RK FR5I17E �� City of Riverside CLEAN`�S&AunFuL 18,000 s.f, renovation and addition to an existing 2012 1[AYoit's Awmw WMER two story building for a new library branch and FOR IEM-RIOR RrN0VA•n0N City offices with self service checkout, computer wnrtc i.ANDSCAPING center and children's section. A new vestibule was added to compliment the existing 1970's building. SWJC Juvenile Courts Building - County of Riverside The Riverside County Economic Development Agency (EDA), in conjunction with the Riverside County Division of the Superior Courts of California (RCSC, Courts), chose to expand the existing Juvenile Court facilities at the Southwest Justice Center (SWJC) in Murrieta. We worked with EDA, the Courts and the Sheriff's Department to program and develop the Conceptual Floor Plans for this 13,453 s.f. facility in accordance with the state AOC Courthouse Guidelines. RWQCP - City of Riverside A 2,986 s.f. expansion / remodel to an existing Regional Water Quality Control Plant Facility for the addition of men's and women's locker rooms, restrooms, storage and a large meeting / training room. San Bernardino County Sheriff's Aviation Division Facility at SBIAA This project includes a new 30,000 s.f. maintenance hangar, a 25,000 s.f. storage hangar and 11,000 s.f. ❑f operations offices for the Sheriff's Dept. Aviation Division for SBIAA. This includes situation and community rooms for emergency operations and search and rescue operations. Larry D. Smith Correctional Facility Warehouse Design of a new 10,000 sq. ft. warehouse to support the correctional facility. This project required the demolition of an existing building and new site work for the new building. Flight Road Call Center for RPU Relocation of the existing 311 Call Center from downtown to this facility including new offices, workstations and break room. Exterior upgrades included a renovation to the exterior and a new vestibule to this 10,000 sq. ft. city building. The plans for this project were partially completed when the project was stopped. Sunnymead Ranch , Fire Station No. 48 - Moreno Valley This project involved renovation and expansion of the existing fire station to a total ❑f 5,650 s.f. The project included a significant renovation to the restrooms, showers, dormitory of the fire station as well as the addition of a new workout room and a larger living gathering space for the fire fighters. TR Design Group was chosen for our innovate solution to the City's program requirements for this facility. Press Enterprise Chapel - County of Riverside EDA A renovation to the existing chapel near the RCIC building on T 4th Street. The interior renovations will serve the Assessor Clerk Recorder's offices for hosting weddings and other events. This historic building was originally built as a church and we have proposed sensitive yet functional interior renovations. A new ADA ramp for access as well as HVAC upgrades will be completed as well as new restrooms and prep rooms for the wedding parties. City of Riverside Youth Opportunity Center This new facility was originally planned as a childcare center for the City of Riverside. With the revamping of the Redevelopment Agency, the Successor Agency is proposing to revise this project to a Youth Opportunity Center for the City. This 8,000 s.f. facility will house a computer lab, activities rooms, classrooms and a gaming center. It is currently in construction, Moreno Valley Civic Center Plaza TR ❑esign Group designed the new CIVIC Center Plaza at the en- trance to the City. This renovation included new bollards, paving, trees, seat walls and a flag pole. Along with the new point job this stunning transformation serves as a welcomed makeover to City Hall. Moreno Valley Police Department - City of Moreno Valley Completed for the City of Moreno Valley Police Department, which is run by the Riverside County Sheriff's Department, this interior lobby renovation and new ballistic glass enclosure serves as the new custom- er service area for the Police. Granite counters, an ADA counter, new materials and lighting finished this small, but important remodel for the City. Cultural Arts / Community Center at Taylor Ranch, City of Montebello This ground up project was designed in a `Tuscan' style at the request of the City. This milestone project for the City was a 11,250 s.f. community center with banquet, dance, music and art rooms as well as a transit office. TR ❑esign Group successfully led the Blue Ribbon Committee and the presentations to the public. T E A M L I S T 71 TR Design Group, Inc. (dba TR Design Group, Architecture) 951-742-7179 phone 7179 Magnolia Ave., Riverside, CA 92504 www.trdesigngroup.com KEY PERSONNEL: Thomas Riggle, AIA, USGBC-IE Brian K. Gridley Ira S. Corpman, NCARB PERSONNEL: Morris Younathan Joseph Monfreda Allan Fowles Subconsultants: President, Architect Project Architect Senior Project Manager thom asiCDtrdesign a rou brion0trdesi n rg_g a .com ira C�7' trdesignaroup.com Architect / Project Manager / Construction Administration Project Manager CAD / BIM Specialist 1 Civil Engineering Saxon Engineering 2605 Temple Heights dr., Ste. A, Oceanside, CA 92056 71 Structural Engineering ISE - Innovative Structural Engineering 40810 County Center Dr., Ste. 1 10, Temecula, CA 92591 Mechanical / Plumbing / Electrical RTM Engineering 34300 Gateway Dr.,#120 Palm Desert, CA 92211 -] Landscape Architecture Verde Design Group 3685 Main Street #350, Riverside, CA 91730 C7 Cost Estimating Accurate Consulting Services, LLC 144 12th St., Seal Beach, CA 90740 C7 QA/QC - Peer Review of Plans Quality Plan Reviews 4261 Abby Lane, SW, Wyoming, MI 49418 Kurt Saxon, PE 949-366-2180 Shawn Lothrop, PE 951-600-0032 Victor Leon, PE 909-477-6915 Chris Giannini, RLA 951- 221-3142 Ronald Svarc 949-683-4751 Richard Jaeger, AIA, ICC-B3 888-380-9745 APPENDIX / STAFF 5. Thornas Riggle, President, Architect of Record, AIA, NCARB, USGBC-IE TR Design Group founder and President Thomas Riggle has over 31 years experience in renovations, civic -agency, industrial, cultural and university projects. He is responsible for all projects' visioning, design and direction as well as overall management of the firm. Recent projects include fire station renovations for the City of Hemet, City of Moreno Valley and current work for the Santa Clara County Community Fire Protection District. He founded TR Design Group in 1999. EDUCATION 2011 Practices of Sustainability Design for Commercial Buildings course 1988 Diploma in CAD Management/Customization, CAD Institute, Phoenix, Arizona 1987 Bachelor of Arts in Architecture, Iowa State University, Ames, Iowa ACHIEVEMENTS 2018 Design Build Institute of America Excellence in Design National Award Winner 2017 NCARB Certified, Licensed in Texas and Colorado 2009-17 Appointed to the City of Riverside Planning Commission, served two terms as Chair 201 2/15 California Parks and Recreation Society Award of Excellence two-time award winner 2014 Appointed as Chair of the Sign Code Review Committee for the City of Riverside 2013 Member of "Citrus and Beyond", a community driven conference on a Sustainable Greenbelt 201 1-1 2 Appointed to the Accessibility Appeals Board for the City of Riverside 2006 Finalist for the Emerging Businesses - Inland Spirit of the Entrepreneur Award 1994 Licensed California Architect #C 24877; expires Aug. 31, 2019 1987 Most Innovative Project, Belden Brick Innovations in Masonry Competition, US Patent #07,335,437 1987 Published work in Design Magazine KEY PROJECT San Bernardino Sheriff's Aviation Division, San Bernardino, CA - This dynamic $ 8M ground -up project includes maintenance and storage hangars for the rotary and fixed -wing aircraft as well as an operations facility for the Sheriff's Department Aviation Division. It includes situation and community rooms for emergency operations and search and rescue operations. The hangar and maintenance facility feature day -lighting as well as an insulated metal panel exterior. The facility is located on the SBD airport (SBIAA) and included FAA, Caltrans, County and City reviews and approvals. RESUME Brian K. Gridley, Project Architect Brian Gridley is a strong technical architect with depth and experience in both renovations, tenant improvements and office projects.. His background includes a variety of civic, commercial, municipal and institutional projects. Brian Gridley is responsible for the overall project management and maintaining project timelines. Through the use of long term planning and scheduling, he assigns employees to dedicated projects to maintain continuity. He joined TR Design Group in 2011 and is a valuable asset to our team. EDUCATION & ACHIEVEMENTS 1980 Bachelor of Architecture, cum laude, Kansas State University, Manhattan, KS 1976 Associates in Architecture Technology, Northampton Community College, Bethlehem, PA 1994Licensed Cafifornia Architect # C24861; expires January 31, 2019 Riverside County Parks & Open Space District, Riverside, CA: Project Architect for the remodel and expansion to the Parks & Open Space District Headquarters facilities. Including a new event center, offices, catering kitchen, bar, high tech conference room, storage area, meeting rooms. Villegas Community Center, Riverside: Brian served as the Project Architect for this $2.98M renovation that includes a full service kitchen, multi -purpose room, game room, offices, restrooms and storage areas. Exterior renovations include a complete facelift for the building, vestibule addition, a new veteran's plaza with a relocated historical monument and site improvements. RWQCP, Riverside_ Project Manager for the expansion and remodel to an existing Regional Water Quality Control Plant Facility for the addition of men's and women's locker rooms, restrooms, storage and ❑ large meeting room. R E 5 U M E Ira S. Carpman, NCARB, Senior Technical Advisor Ira has more than 45 years experience as an architect, designing and managing projects from inception to completion in a multitude of project types and sizes. After attending IIT, Ira worked as a draftsman in the office of famed architect Mies Van Der Rohe and worked on projects throughout Chicago. He has been involved in public agency, institutional, commercial, office and industrial. At TR Design Group, he is responsible for senior project management, client contact, technical expertise and detailing. He has a strong technical background in the preparation of construction documents, detailing, specifications and construction. Ira was the Senior Project Manager over the new Marcy Branch library, an award -winning renovation. Ira has been with TR Design Group since 2006. EDUCATION, CERTIFICATIONS, & AFFILIATIONS 1976 NCARB Certification # 281 13, expires August 2019 1974 Licensed Illinois Architect # 01-8052, expires November 201 8 1970 Bachelor of Architecture, Illinois Institute of Technology KEY PROJECT One of (6) new 1 6-bed 1 1,000 s.f. Crisis Residential Treatment Facilities and (2) Crisis Stabilization Units for the County of San Bernardino Department of Behavioral Health, this facility was designed to serve adults ages 18 and older. The services provided at the facility will be specialized to provide crisis intervention for individuals diagnosed with co-occurring substance use and mental health disorders in a safe home -like environment. This project was a Design -Build with Perero Construction and upon completion has been named Casa Poseo. The facility recently won a National Award of Merit in the Federal, State, County, Municipal category from the Design -Build Institute of America. Education ' B.S. Civil Engineering CSU Pomona 1985 Profession Affiliations American Society of Engineers American Council of Engineering Companies International Council of Shopping Centers Society for Marketing Professional Services SSA -Self Storage Association American Public Works Association National Association of Office & Industrial Properties Registration Professional Civil Engineer R.C.E. 44180 Expires 5/30/19 RESUME I:uH M. Saxon, P.E., President I saxon Mr. Saxon is a Licensed Professional Engineer with over 30 years of extensive and diverse experience in the field of Civil Engineering, Land Development & Project Management, He has a wide range of experience in all aspects of project planning, design, project management, and construction management of all types of Civil Engineering projects. These project types include Residential Housing, Apartments, Estate Properties, Industrial, Automotive, Commercial/Office, Institutional, Self -Storage, Schools, Agency Plan Review, and Surveying Services located throughout Southern California. Mr. Saxon has worked on projects located in San Diego, Riverside, Orange, San Bernardino, Los Angeles, and Imperial Counties, as well as in Northern California. Mr. Saxon's experience includes leading and overseeing a staff of up to 25 in accomplishing the work efforts outlined herein. BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS PROFESSIONAL CIVIL ENGINEER KURT M SAXON 2535 Caprb Oars ❑rrre, SLM 300, Saaarn&-ft CA M33.n" TeWNXM Ru rber. 916-263-2222 C-- -{ J �—brielss.-g- .6 ri Rod Finkle, PE, LEED AP Principa i Education Bachelor's Degree of Science, Architectural Engineering. 1981 Kansas State University Registrations Licensed Professional Engineer in AL, A.Z. CA, CT, DE, GA, ID, IL, 10, KS, MI, MN, MO. NV, NH, NJ, ND, PA, SD, TN, VT, and WA LFFD Accredited Professional Organizations ASHRAE Lifetime Member; ASPS Member; IFS Member; AEE Member; USGBC Member 0 Project Experience Fire Station No. 2, Joplin, MO. Provided full mechanical, electrical and plumbing for a 7,400-square-foot fire station. Based on a prototype concept, the facility includes, (2) apparatus bays, a community/training room, an office, day room, full kitchen and an exercise room, living quarters for five personnel, appropriately sized living and support facilities, and a turnout gear room designed to double as a storm shelter. MEP design to meet LEEDO Silver requirements. Fire Station No. 6, Joplin, MO. The mechanical systems at fire station #6 consisted of a 4-pipe fan coil system with one air cooled chiller and two high efficiency boilers. Hot water radiant floor heating system was utilized in the apparatus bay and for snow melt. Engine exhaust removal system in apparatus bay with intricate control strategy was provided. The mechanical system featured a Central Building Automation System. Fire Station No, 1 & No. 2, Republic, MO. Multi -purpose facilities, each including three truck bays, sleeping facifities, lounge area, training roortts, administrative offices and auxiliary spaces as needed for building use. Mechanical design included hard piped compressed air system, infrared heaters in truck bays, DX cooling with gas heat HVAC system for office area with adaptive ventilation design to help reduce energy costs. City of Springfield - Multiple Firestations. Springfield, MO, RTM was hired to design mechanical, electrical and plumbing systems for multiple fire stations throughout the City of Springfield. Many of the stations consisted of three truck bays, sleeping facilities, lounge area, kitchen, training/conference room, administrative offices and auxiliary spaces as needed for building use Victor Leon, LEED AP i. Frincipai 1 Electrical 0 Education College of the Desert, Engineering, Palm Desert, CA Registrations LEED Accredited Professional, 2009 0 Project Experience Palm Springs Fire Station No, 1, Palm Springs, CA. Emergency generator replacement. Palm Springs Fire Station No. 2, Palm Springs, CA. Emergency generator replacement. Palm Springs fire Station No. 4, Palm Springs, CA. Facility rehabilitation and expansron, Jurupa Sheriff Station, Jurupa, CA. Warehouse expansion. Larson Justice Center, Indio, CA. Security card access system replacement. Indion Juvenile Detention Center, Indio, CA. Security surveillance system replacement. Southwest Juvenile Detention Center, Murrieta, CA. Security surveillance system replacement. RESUME Shawn Lothrop, B.S., P.E., S.E. — President IS[ California Licensed Structural Engineer, License # S5627 l Bachelor of Science, Civil Engineering -- Structural Emphasis -- California State University, Long Beach Shcjwn@ISEengineers.com Shawn is one of the top structural engineers in Southern California. Shawn has worked for several structural & civil engineering design firms in Southern California since 1 998. Shawn has structural design experience in residential, commercial, industrial, factory built systems, educational (DSA), military, municipal & government construction industries. Shawn has designed with most material types including sustainable LEE❑ rated products. Shawn's expertise is value engineering. Shawn has successfully teamed with many of the top local builders to help reduce project construction costs. Shown was/is the civil (structural) engineer of record for several regional divisions of top builders in California. Memberships: ASCE — American Society of Civil Engineers SEAOC — Structural Engineers Association AISC — American Institute of Steel Construction SIPA — Structurally Insulated Panel Association Build it Green — CGBP & Members State Licenses: (See our website for additional states & offices) CA (S5627) - SE CA (C66069) OR (76847PE) MT (19140) CO (40582) NV (0 19318) AZ (42332) LIT (7000375-2202), WA (49854), ID(15634) CHRIS GIANNINI, RLA to SENIOR PROJECT MANAGE? VERDE DESIGN Chris leads our southern California office and serves as a senior project manager. He will lead preparation of graphics, meeting preparation, client needs, and conceptual design documents: packages. Chris will provide management for the project, working with the team to attain input from your staff and various agencies involved, develop project programs, as well as direct supervision of drafting NO personnel, to ensure that you are satisfied and that the project's goals are met. -0 . Chris brings expertise in pork design, public works, high -density housing development, private residential design, commercial development, retail development, streetscape and highway design, and construction management to the Verde team. Chris has more than 25 years of experience in the design industry. Over his career, Chris has received multiple project awards from California Parks & Recreation Society (CPRS), American Society of Civil Engineers (ASCE) and American Public Works Association IAPWA), which are all organizations he is actively involved in. QUALIFICATIONS & RELEVANT EXPERIENCE 6.5., Landscape Architecture, California polytechnic Srais Uri rversiry, Pomona. I994 CA 4287, Landscape Architect, 1998 City of Cathedral City Heritage Park.. -Commons Amphitheater j2019j Flexible amphitheo ter stage Terraced turf seating for up to 2,DDD spectators Food truck stations Restroom concessions building Picnic area, bench seating, and lighting Children's play area Ocotillo Pork 120161 Active recreation facilities 'Smart irrigation' Drought tolerant plant material Playground Picnic areas Walking paths Soccer field Skatepark Splash pod Fitness stations Restroom building County of Riverside • Deleo Regional Sports Park (2009} Two baseball fields Five soccer fields Basketball courts Tennis court Splash play pad Children's play areas Dog park Skate plaza Walking trails Picnic shelters Restroom concessions building Community meeting building Trail connection to regional hiking and equestrian }rails Bio-swales for stormwoler treotment City of Riverside Hunter Hobby Park (2013) Rideable model steam train track and station Two softball fields Soccer field Two basketball courts Children's play area Two restroom buildings Stormwoter detention basin Picnic shelters City of Palm Springs • Gene Autry Trail Gateway (2008) Landscape and irrigation improvements Coordination for median art Walking paths Landscaped berms and palm trees Bocce ball courts City of Indio • .Jackson Kenner Park (20191 City gotewayjmemoriol park Shaded plaza with bench seating Drought tolerant planting Smart irrigation design City of San Bernardino • Bryce Hanes Park (2017) Skate park Soccer field./open space ploy ' Plcnlc areas Basketball courts Fitness area Restroom and on -site parking Permeable poving Drought tolerant planting Solar lighting 'Smart' irrigation Splash pad LANDSCAPE ARCHITECTURE • CIVII ENGINEERING • SPORT PLANNING & DESIGN ' RESUME Gw +.r . ACCURATE Mw 1+4 actor.y4C*k ..��..�.ymhs�ra,.,.i.-�l CONSULTANT ItONALD P. SVARC 144 12 Street w+�u....+cw,.:�r IMF lAPGeanar Seal Beach. CA 90740 cw....ar.,..,►.._ �...rr �.M...�r ►. erre w, W1 Cull (949) 6113-4751 kickmoneagmait.com r.�..r•,... r-••�=r ,. .. :i,ar,... F3TIMATINGJCORSTREIL'TfON do PROJECT MANAGEMENT FDrumaring. PiYufet'r Man agrPnevir, Sc hedishoog. Contra, AdniinisrraUnsn. C❑n.,t7rrt'rlion Muuvgemenl ,lcconnplishutl profesxonal ►+rth hands-on expertcttce 4Lc1'44 years pmjc'rt ntanugrng. markcling, planning. budgeting. bidding, and negotiating for large and small companies. Directed commercial, industrial, mixed-usc. multi -tenant and resi&ential projects ranging from S?.00ti to over Si56 million. %la nuatncd,tringent cchcdulrng practtccs to mrnimirc prnicct duration and maximize rclatcol probe, Excellent cornnmunrcator and negoltatur. LXpericrx•r eugmrntcd by MBA i�r't' .1rrl'lrg117.} C•ntical Pith Planning ... Pruiout Feasibility... Due Diligence... Estimating -.. C'osl Containment Brddtng Subcantraclrng ... Proposal & Contract Development Ncgotiatians ... Intcr-deparmwittal Project Management... Policies & Operating Standards .-. Quality Alanagemcnt .. Venda% & Ctnnruciur kelatronr .. Communication ..T"rn%%ork ... Lrstensng . Dgwr stions itial testimony Career Srvurpsf; Accuralor Consultant Ser►iees, I.U..' Noccnther 2411 1 11r"en t • CE(1{hsncr or this Fstimaling and !?xperl \V111-10srng Cunsuhrng firm • Provides construction catimat es in all 1)1sciplincs for kxpert Wilncssing, depositions, mediations in construction htigalion. ■ Comm Ited for AI'SI Conatruc6im 41lanagement at PO1,B and cstunatitog acrvicc.s on sctwoli and Govemmctit office buildings in tax San Frirx i.co OokIand area TLC Comstruellem Management • Senior Estimator pro-, rdutg Change Order reIeH's and negotoat ed agreements for I.200 ['Mange Omer% and C Iaiins amounting to $2 Billion for 15 months under Walsh. Austin Joint Venture at Tom Bradley Terminal at LAX. Walsh Austin umnrrxt to I-AWA w^as S4 Billion for Phasc I IINIC Architects September 2ti0x- Clrtober 2011 (Estimating l7rparttnemt Elirnrnatedl ■ Senior Estimator for Cahrurma's fourth largest Architecl o%crsrrnng all canmutr nerds out of the Ire ine .end Los Angeles otlkcs on all Modcmiauion and new K• 12 School Building and Iiospital Projects and other infrastructure projects such as police Station: and rnedical ,Alice buildings. These cstimates ranged from 5400.000 to S21s.iytl0.0t)0. 71C Cauzukaals -lurttb 2008 - August 20(1Q1(Company dawn -sued 30%) ■ Desigusled Expert sod lie nlor Estiataater lire this construction forcnsrc consultant. ■ Performed cctimatc for future 3009) cf 4!C Consultants [IQ office building. Completed under budged. link: Pruptrties, Inc. September 2006 - February 211{I0t- (Eliminated East. Dept.) ■ C-hlef Est imotor fur Ibis NaIlanaI REIT rind rcaponsIbic for all cstrriwtcs for all projacti, rnchWong changv ardor rv%,ic ■ Stxccr,,ifull) perturmcd e:nrmatcs tin pn+ircl. ltotn 540 notllwn to 531E million, hard estimates m %%vil as budget!, • Re - wool c full specifications in tiered term for Saluhern California. San Francisco. and Scattic region% toor all projects. ■ SuccMsfuIIv performed prnducI research and qua Iificalion for Snlrer I.FFD Cerltftcation on two $60 million projects Bert L. Howe & kssuciales Novcmbcr 2004 - September 2t7p6 . I Return to Fsttmatingl • Expert Consultant in Eslimating and Genera( Construction Standard of Cart - by performing document analysis. C'PM ;chcduIing and rc:carch while pntvid+n., expert anal} -is in mcdiationi, arbitralhin. depositions and trial testimony Prpptr Con strucllion Company ScptentKcr I1lr)li - Niovembcr 2004 - iClosed Wcst Coast OWIC eI • Project 7*1aaakerlChief Ealimeior for this \atIona l Co itstrtrrtton Company ■ SuccLmitt lly pertormcd due diltgcrKr. budgeting. estimating, commuting. coat control arWypis and Full project maswgemcm from concept to turn -kcy tier new constrwtion and tenant rtit provcmenI. ■ Viltnmutur Protect %longer for S24 mtlitan Pat- tlie %4 1ar1. Disney project and S25 1n Ilion 11J%t110nrr P011Ce Facrlrty. ■ Cixutruction Martagcr for City of Cerritos on Renovation of Ilernagc Park Play Istand. RESUME UALITY planreviews Richard Jaeger, Certified Plans Examiner ICC - 133 Process Architect / BIM Specialist Rick is a quality designer and proficient in the planning and design of projects as well as coordinating all phases of production drawings. His calm demeanor and methodical approach are valuable traits for preparing clear and thorough construction drawing packages as well as in working with consultants. Rick is responsible for Peer Review of projects, Process Integration including BIM/ CAD integration, standards, drawing production and process verification. He has 10 years BIM experience and has received advanced Revit training. Rick has also completed reviews for several significant projects including public agency, educational, commercial and healthcare projects. EDUCATION and ACHIEVEMENTS 2013 Licensed California Architect, #C34066, expires Oct. 31, 2019 2011 ICC - B3 Certified Building Plans Examiner 2006 Advanced Revit Training, LA CAD, Costa Mesa, CA 1984-88 Bachelor of Arts in Architectural Design, Cal State Long Beach, Long Beach, CA Je127 86 o� 1"WNo sm" IM COMAW TM NVA" R UM c� nt4yeat rope+CVmoS fax ns l'r ... u+w a ,wr. twN ,.. 1�YE au RC+r�tluw [k tw a sae r MOW"," C$ "*AM CLO!! COWWKH uft W WOW& r Ar&4ww y rn Kamm 160 mw o Srvlk u ► L" I arm kwple CS L(iS y,n, [ W I I(Rllph Rtrs Nu otonr owwit PAw moo wi rDktw. NAur MOOWTE Cf 1RM SMmr so Ar.yspwst /M CLA W7 FX*11184 OUROM APAh"NT LM 0 n1F WNOIC WJ&0 mor GO" 87V R E F E R E N C E S Yun Baird Riverside County (951) 955-6515 Regional Park and Open -Space District 4600 Crestmore Rd. Jurupa Valley, CA 92509 Y B o i rd (&ri va9oa rks.orq Project: Riverside County Parks Dept. District Headquarters Expansion Carl Carey Development Department (951 ) 826-5952 City of Riverside 8095 Lincoln Ave Riverside CA 92504 ccare riversideca. oy Project: Renovations to the new Marcy Library / Parks and Recreation offices Project: Main Library Conceptual Plans and Renderings Gabriel Martin City of Coachella (formerly with County of SB) (760) 625-6062 1515 Sixth Street Coachella, CA 92336 9 marti n 0coachel l a.o rq Project: 4 New CRT and 2 New CSU's for the County of San Bernardino Tom Jordan Personal Advisor (626) 5234981 Calvary Chapel Chino Hills 4201 Eucalyptus Avenue Chino, CA 91710 tci31 €im.or Project: 37,000 s.f. Renovations for the Main Sanctuary and Chapel Henry Ngo City of Moreno Valley (951 ) 413-3106 14177 Frederick Street Moreno Valley, CA 92522 henrvnrd)moval.or9 Project: Moreno Valley Police Department Traffic Division Offices and Lobby Project: Renovation and Expansion of Sunnymead Ranch Fire Station No, 48 Project: Renovations to create the Transportation Management Center Contract No. C 38040A ON -CALL ARCHITECTURE DESIGN SERVICES CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 10th day of Januarv, 2019, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California ("City") and Adrian-Gaus Architects. Inc. a California Corporation with its DrinciDal place of business at 300 East State Street. Suite 350. Redlands. California 92373 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional architecture design consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional services for the On -Call Architecture Design Services project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architecture desian consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from January 10. 2019 to June 30, 2020, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -1- Contract No. C 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor: Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Reauirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Xavier Rene Adrian, Senior Proiect Manager. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -2- Contract No. C 3.2.5 City's Representative. The City hereby designates Tom Garcia. P.E.. Director of Public Works. or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Xavier Rene Adrian. Senior Proiect Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care: Performance of Emolovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -3- Contract No. C 3.2.10 Laws and Reaulations: Emglovee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Emplovment Eliaibilitv. Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Emplovment Eliaibilitv: Subcontractors. Consultants, Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Emplovment Eliaibilitv: Failure to ComDIV. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Eaual Opportunity Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -4- Contract No. C initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub -consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Minimum Reauirements. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liabilitv Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liabilitv Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -5- Contract No. C accident. The City's Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. (C) Professional Liabilitv (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. (D) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. (E) Umbrella or Excess Liabilitv Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall "follow form" to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. If coverage is maintained on a claims -made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Contract. 3.2.11.2 Other Provisions or Reauirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -6- Contract No. C City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Prim arv/Non-Contributinq. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subroaation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub -contractors. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limitinq. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -7- Contract No. C minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (1) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coveraae Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its sub -consultants, sub -contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements 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 consultants, sub -contractors, and others engaged in the project will be submitted to City for review. (N) Citv's Right to Revise Specifications. The City or Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 8 Contract No. C performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Qualitv Manaaement and Comoliance. 3.2.12.1 Storm Water Manaaement. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. 3.2.12.2 Compliance with Water Quality Laws. Ordinances and Reaulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. 3.2.12.4 Liabilitv for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 9 Contract No. C reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Fiftv Thousand and 00/100 ($150.000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination in accordance with section 3.6.1 and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C." 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -10- Contract No. C with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -11- Contract No. C giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Adrian-Gaus Architects. Inc. 300 East State Street. Suite 350 Redlands. CA 92373 ATTN: Xavier Adrian. Principal City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Tom Garcia. P.E.. Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentialitv. 3.6.3.1 Documents & Data. Licensina of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -12- Contract No. C at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification — Pror)rietary Information. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -13- Contract No. C the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 rReservedl 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 -14- Contract No. C understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 Citv's Right to Emplov Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assiqns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -15- Contract No. C 3.6.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authoritv to Enter Aareement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 -16- Contract No. C SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND ADRIAN- GAUS ARCHITECTS, INC. CITY OF PALM DESERT ADRIAN-GADS ARCHITECTS, INC. By: MAYOR ATTEST: By: City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -17- By: Its: Printed Name: By: Its: Printed Name: C.uiil.ia6i 14U. G Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of -that document. STATE OF CALIFORNIA COUNTY OF On . 20_, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is4not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -18- Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above Contract No. C EXHIBIT "A" SCOPE OF SERVICES A. GENERAL INFORMATION 1. INTRODUCTION The services consist of professional architecture design services required to generate plans, specifications, and estimates (PS&E) for various projects on property owned or maintained by the City of Palm Desert. The intent of this request is to establish an on -call list for services required on a task order basis. Proposed improvements may include, but not be limited to, safety improvements, accessibility improvements, lighting and acoustics improvements, and tenant improvements. Proposed designs will be required to blend proposed improvements with existing improvements and the surrounding environments. The selected Consultant(s) will provide as -needed, on -call professional architecture design services that include, but are not limited to, those mentioned herein. The City will assign work to the Consultant as deemed necessary and appropriate. The Consultant and Sub- Consultant(s) performing work awarded under the RFP, must have, at all times, all appropriate and valid license(s) required to provide the work being performed. The Scope of Services requested under the RFP include professional services of an architectural nature as well as incidental services that members of those professions, and those under their employment, may logically or justifiably perform, such as hiring a trade to perform investigation or destructive testing under the direction of the Consultant. B. TASKS AND CONTRACT DELIVERABLES: In general, project tasks will include, but are not limited to, the following: 1. MEETINGS Conduct a project kickoff design meeting(s) with City staff to refine and clarify the project(s)'s objectives. The Consultant shall provide an anticipated project schedule at this meeting. City supplied materials will be provided at this time. 2. CONCEPTUAL DESIGN The City will produce concept plans that will be the basis for as -needed project(s). As part of this task the Consultant shall review the existing conceptual plan and make recommendations for any changes needed. The Consultant shall refine the existing conceptual plan as needed to produce a final conceptual plan. The final concept plan produced by the Consultant shall be the basis for the final design plans. 3. DATA COLLECTION, FIELD REVIEW & BASE MAPPING The Consultant shall perform the necessary field work and research to assume all responsibility for all the data in the final design. As part of this task the Consultant shall perform all the necessary data collection, field review and base mapping to produce a final design. (BB&K 2018) Exhibit "A-1-1" 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 4. ESTIMATE OF PROBABLE CONSTRUCTION COSTS Using the project plans and specifications the consultant shall prepare an estimate of probable construction costs. 5. LANDSCAPE AND HARDSCAPE DESIGN The Consultant shall work with its Landscape Architect to produce landscape, hardscape and irrigation plans if needed. The Landscape Architect will be responsible for fully developing the street scape with City approved shade trees and plant pallet. Using the existing concept plans and the final concept plans the Landscape Architect will produce the plans and specifications needed for the construction of the landscaping, irrigation and meters, decorative paving, pathways, retaining wall facade and aesthetics, and the enhancements to existing community gardens. The Landscape Architect will work closely with the project artist to create an attractive and complementary street experience. 6. ELECTRICAL DESIGN The Consultant shall work with its electrical consultant and Landscape Architect to produce any electrical plans, if needed. 7. DELIVERABLES The Consultant shall prepare plans and specifications for as -needed tasks, and shall submit bond copies for City review and comment at the 30% and 60% stage of completeness. Plans are to be at 20 or 40 scale as appropriate on 24" x 36 sheets. The Consultant shall submit the final set of plans on Mylar with a digital copy of all AutoCad plans and documents. The City anticipates the following deliverables: • Conceptual Design • Demolition Plans • Signing and Striping Plans • Electrical Plans • Landscape/Hardscape Plans • Art in Public Places Layout • Drainage Analysis Report • Estimate of Probable Construction Costs • Technical Specifications (Special Provisions -MS Word) C. DOCUMENTS FURNISHED To assist the Consultant in fulfilling the terms of this Agreement, the City agrees to furnish the following: 1. Standard maps. 2. Preliminary Concept Plans 3. City standard details. (BB&K 2018) Exhibit "A-1-2" 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 4. Record drawings. 5. GIS Data. D. SCHEDULE Time is of the essence. The City would prefer to expedite services and proceed as soon as the Agreement is signed. (BB&K 2018) Exhibit "A-1-3" 72500.00001\31605678.1 Rev11-9-18 Contract No. C EXHIBIT "B" SCHEDULE OF SERVICES On -Call (BB&K 2018) Exhibit "B"-1 72500.00001\31605678.1 Rev 11-9-18 EXHIBIT "C" COMPENSATION Per Fee Schedule Submitted with Proposal for On -Call Professional Architectural Services. (BB&K 2018) Exhibit "C"-1 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 38040B ON -CALL ARCHITECTURE DESIGN SERVICES CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 101h day of Januarv, 2019, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California ("City") and Hermann Desian Group. a California Corporation with its principal Dlace of business at 77899 Wolf Road. Suite 012. California 92211 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional architecture desian consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional services for the On -Call Architecture Desian Services project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architecture desian consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from January 10. 2019 to June 30. 2020. unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -1- Contract No. C 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor. Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to. social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Reauirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: E. Chris Hermann, ASLA. President/CEO. (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -2- Contract No. C 3.2.5 Citv's Representative. The City hereby designates Tom Garcia. P.E., Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby E. Chris Hermann. ASLA. President/CEO, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Em0ovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -3- Contract No. C 3.2.10 Laws and Reaulations: Emplovee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Emplovment Eliaibilitv: Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Emplovment Eliaibilitv: Subcontractors. Consultants. Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Emplovment Eliaibilitv: Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Eaual Opportunity Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -4- Contract No. C initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARE, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub -consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liabilitv Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liabilitv Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 -5- Contract No. C accident. The City's Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. (C) Professional Liabilitv (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. (D) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. (E) Umbrella or Excess Liabilitv Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall "follow form" to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. If coverage is maintained on a claims -made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Contract. 3.2.11.2 Other Provisions or Reauirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -6- Contract No. C City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coveraae. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primarv/Non-Contributinq. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. (D) Citv's Riahts of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub -contractors. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limitinq. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -7- Contract No. C minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (1) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coveraae Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Throuah Clause. Consultant agrees to ensure that its sub -consultants, sub -contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements 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 consultants, sub -contractors, and others engaged in the project will be submitted to City for review. (N) Citv's Riaht to Revise Specifications. The City or Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 8 Contract No. C performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Qualitv Manaaement and Compliance. 3.2.12.1 Storm Water Manaaement. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. 3.2.12.2 Compliance with Water Quality Laws. Ordinances and Reaulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. 3.2.12.4 Liabilitv for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 -9- Contract No. C reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Fiftv Thousand and 00/100 ($150.000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination in accordance with section 3.6.1 and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C." 3.4 Labor Code Requirements. 3.4.1 Prevailina Waaes. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -10- Contract No. C with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -11- Contract No. C giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Hermann Design Group. Inc. 77899 Wolf Road, Suite 102 Palm Desert. CA 92211 ATTN: E. Chris Hermann. ASLA. President/CEO City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Tom Garcia. P.E., Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentialitv. 3.6.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -12- Contract No. C at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & ,Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification — Proprietary Information. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -13- Contract No. C the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 JReservedl 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.6.7 Entire Aareement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -14- Contract No. C understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governina Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 Citv's Riaht to Emplov Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assians. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction. References. Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment, Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -15- Contract No. C 3.6.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authoritv to Enter Aareement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Reauired. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -16- Contract No. C SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND HERMANN DESIGN GROUP, INC. CITY OF PALM DESERT By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: IS Best Best & Krieger LLP City Attorney (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -17- HERMANN DESIGN GROUP, INC. By: Its: Printed Name: By: Its: Printed Name: Sul III ctul Nu. C; Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of -that document. STATE OF CALIFORNIA COUNTY OF On . 20_, before me, . Notary Public, personally appeared . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -18- Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above EXHIBIT "A" SCOPE OF SERVICES A. GENERAL INFORMATION 1. INTRODUCTION Contract No. C The services consist of professional architecture design services required to generate plans, specifications, and estimates (PS&E) for various projects on property owned or maintained by the City of Palm Desert. The intent of this request is to establish an on -call list for services required on a task order basis. Proposed improvements may include, but not be limited to, safety improvements, accessibility improvements, lighting and acoustics improvements, and tenant improvements. Proposed designs will be required to blend proposed improvements with existing improvements and the surrounding environments. The selected Consultant(s) will provide as -needed, on -call professional architecture design services that include, but are not limited to, those mentioned herein. The City will assign work to the Consultant as deemed necessary and appropriate. The Consultant and Sub- Consultant(s) performing work awarded under the RFP, must have, at all times, all appropriate and valid license(s) required to provide the work being performed. The Scope of Services requested under the RFP include professional services of an architectural nature as well as incidental services that members of those professions, and those under their employment, may logically or justifiably perform, such as hiring a trade to perform investigation or destructive testing under the direction of the Consultant. B. TASKS AND CONTRACT DELIVERABLES: In general, project tasks will include, but are not limited to, the following: 1. MEETINGS Conduct a project kickoff design meeting(s) with City staff to refine and clarify the project(s)'s objectives. The Consultant shall provide an anticipated project schedule at this meeting. City supplied materials will be provided at this time. 2. CONCEPTUAL DESIGN The City will produce concept plans that will be the basis for as -needed project(s). As part of this task the Consultant shall review the existing conceptual plan and make recommendations for any changes needed. The Consultant shall refine the existing conceptual plan as needed to produce a final conceptual plan. The final concept plan produced by the Consultant shall be the basis for the final design plans. 3. DATA COLLECTION, FIELD REVIEW & BASE MAPPING The Consultant shall perform the necessary field work and research to assume all responsibility for all the data in the final design. As part of this task the Consultant shall perform all the necessary data collection, field review and base mapping to produce a final design. (BB&K 2018) Exhibit "A"-1 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 4. ESTIMATE OF PROBABLE CONSTRUCTION COSTS Using the project plans and specifications the consultant shall prepare an estimate of probable construction costs. 5. LANDSCAPE AND HARDSCAPE DESIGN The Consultant shall work with its Landscape Architect to produce landscape, hardscape and irrigation plans if needed. The Landscape Architect will be responsible for fully developing the street scape with City approved shade trees and plant pallet. Using the existing concept plans and the final concept plans the Landscape Architect will produce the plans and specifications needed for the construction of the landscaping, irrigation and meters, decorative paving, pathways, retaining wall facade and aesthetics, and the enhancements to existing community gardens. The Landscape Architect will work closely with the project artist to create an attractive and complementary street experience. 6. ELECTRICAL DESIGN The Consultant shall work with its electrical consultant and Landscape Architect to produce any electrical plans, if needed. 7. DELIVERABLES The Consultant shall prepare plans and specifications for as -needed tasks, and shall submit bond copies for City review and comment at the 30% and 60% stage of completeness. Plans are to be at 20 or 40 scale as appropriate on 24" x 36 sheets. The Consultant shall submit the final set of plans on Mylar with a digital copy of all AutoCad plans and documents. The City anticipates the following deliverables: • Conceptual Design • Demolition Plans • Signing and Striping Plans • Electrical Plans • Landscape/Hardscape Plans • Art in Public Places Layout • Drainage Analysis Report • Estimate of Probable Construction Costs • Technical Specifications (Special Provisions -MS Word) C. DOCUMENTS FURNISHED To assist the Consultant in fulfilling the terms of this Agreement, the City agrees to furnish the following: 1. Standard maps. 2. Preliminary Concept Plans 3. City standard details. (BB&K 2018) Exhibit "A"-2 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 4. Record drawings. 5. G I S Data. D. SCHEDULE Time is of the essence. The City would prefer to expedite services and proceed as soon as the Agreement is signed. (BB&K 2018) Exhibit "A"-3 72500.00001\31605678.1 Rev 11-9-18 Contract No. C EXHIBIT "B" SCHEDULE OF SERVICES On -Call (BB&K 2018) Exhibit "B"-1 72500.00001\31605678.1 Rev11-9-18 EXHIBIT "C" COMPENSATION Per Fee Schedule Submitted with Proposal for On -Call Professional Architectural Services. (BB&K 2018) Exhibit "C"-1 72500.00001\31605678.1 Rev11-9-18 Contract No. C38040C ON -CALL ARCHITECTURE DESIGN SERVICES CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 10th day of Januarv, 2019, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California ("City") and Holt Architecture. a California Corporation, with its principal place of business at 70225 Hiahwav 111. Suite D. Rancho Miraae.. California 92270 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional architecture desian consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional services for the On -Call Architecture Design Services project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architecture desion consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from January 10. 2019 to June 30, 2020, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor, Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -1- Contract No. C Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Thomas C. Howell, Proiect Executive, Matt Acton. Proiect Architect, and Jose Deleon. Proiect Manaaer. 3.2.5 Citv's Representative. The City hereby designates Tom Garcia. P.E.. Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Thomas C. Howell, Proiect Executive, or his/her designee, to act as its representative for the performance of (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -2- Contract No. C this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care: Performance of Emr)lovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). 3.2.10 Laws and Reaulations: Emglovee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Emolovment Eliaibilitv: Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -3- Contract No. C the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Emplovment Eligibility: Subcontractors. Consultants. Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Emplovment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Equal Opportunity Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 Air Qualitv. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARE). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -4- Contract No. C laws, rules and/or regulations by Consultant, its sub -consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liabilitv Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liabilitv Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. (C) Professional Liabilitv (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. (D) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -5- Contract No. C (E) Umbrella or Excess Liabilitv Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall "follow form" to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. If coverage is maintained on a claims -made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Contract. 3.2.11.2 Other Provisions or Reauirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coveraae. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primarv/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -6- Contract No. C (D) Citv's Riahts of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subroaation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub -contractors. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limitinq. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (1) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -7- Contract No. C (K) Prohibition of Undisclosed Coveraae Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Throuah Clause. Consultant agrees to ensure that its sub -consultants, sub -contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements 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 consultants, sub -contractors, and others engaged in the project will be submitted to City for review. (N) Citv's Riaht to Revise Specifications. The City or Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. Water Qualitv Manaaement and Compliance. 3.2.11.3 Storm Water Manaaement. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. 3.2.11.4 Compliance with Water Quality Laws. Ordinances and Reaulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -8- Contract No. C impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.11.5 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. 3.2.11.6 Liability for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Fiftv Thousand and 00/100 Dollars ($150.000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. . (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 .9- Contract No. C 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination in accordance with section 3.6.1 and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C." 3.4 Labor Code Requirements. 3.4.1 Prevailina Waaes. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -10- Contract No. C and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Aareement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -11- Contract No. C 3.6.1.4 it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Holt Architecture 70225 Hiahwav 111. Suite D Rancho Miraae. CA 92270 ATTN: Thomas C. Howell. CEO/President City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Tom Garcia, P.E.. Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentialitv. 3.6.3.1 Documents & Data: Licensina of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 -12- Contract No. C Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification — Proprietary Information. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 -13- Contract No. C Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 f Reservedl 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governinq Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -14- Contract No. C herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 Citv's Riaht to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assians. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assianment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction: References. Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -15- Contract No. C of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authoritv to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -16- Contract No. C SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND HOLT ARCHITECTURE CITY OF PALM DESERT By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: in Best Best & Krieger LLP City Attorney (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -17- HOLT ARCHITECTURE By: Its: Printed Name: By: Its: Printed Name: VUlllldl,l IGU. C; Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of -that document. STATE OF CALIFORNIA COUNTY OF On . 20_, before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) Fi Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above Contract No. C EXHIBIT "A" SCOPE OF SERVICES A. GENERAL INFORMATION 1. INTRODUCTION The services consist of professional architecture design services required to generate plans, specifications, and estimates (PS&E) for various projects on property owned or maintained by the City of Palm Desert. The intent of this request is to establish an on -call list for services required on a task order basis. Proposed improvements may include, but not be limited to, safety improvements, accessibility improvements, lighting and acoustics improvements, and tenant improvements. Proposed designs will be required to blend proposed improvements with existing improvements and the surrounding environments. The selected Consultant(s) will provide as -needed, on -call professional architecture design services that include, but are not limited to, those mentioned herein. The City will assign work to the Consultant as deemed necessary and appropriate. The Consultant and Sub- Consultant(s) performing work awarded under the RFP, must have, at all times, all appropriate and valid license(s) required to provide the work being performed. The Scope of Services requested under the RFP include professional services of an architectural nature as well as incidental services that members of those professions, and those under their employment, may logically or justifiably perform, such as hiring a trade to perform investigation or destructive testing under the direction of the Consultant. B. TASKS AND CONTRACT DELIVERABLES: In general, project tasks will include, but are not limited to, the following: 1. MEETINGS Conduct a project kickoff design meeting(s) with City staff to refine and clarify the project(s)'s objectives. The Consultant shall provide an anticipated project schedule at this meeting. City supplied materials will be provided at this time. 2. CONCEPTUAL DESIGN The City will produce concept plans that will be the basis for as -needed project(s). As part of this task the Consultant shall review the existing conceptual plan and make recommendations for any changes needed. The Consultant shall refine the existing conceptual plan as needed to produce a final conceptual plan. The final concept plan produced by the Consultant shall be the basis for the final design plans. 3. DATA COLLECTION, FIELD REVIEW & BASE MAPPING The Consultant shall perform the necessary field work and research to assume all responsibility for all the data in the final design. As part of this task the Consultant shall perform all the necessary data collection, field review and base mapping to produce a final design. (BB&K 2018) Exhibit "A"-1 72500.00001 \31605678.1 Rev 11-9-18 Contract No. C 4. ESTIMATE OF PROBABLE CONSTRUCTION COSTS Using the project plans and specifications the consultant shall prepare an estimate of probable construction costs. 5. LANDSCAPE AND HARDSCAPE DESIGN The Consultant shall work with its Landscape Architect to produce landscape, hardscape and irrigation plans if needed. The Landscape Architect will be responsible for fully developing the street scape with City approved shade trees and plant pallet. Using the existing concept plans and the final concept plans the Landscape Architect will produce the plans and specifications needed for the construction of the landscaping, irrigation and meters, decorative paving, pathways, retaining wall facade and aesthetics, and the enhancements to existing community gardens. The Landscape Architect will work closely with the project artist to create an attractive and complementary street experience. 6. ELECTRICAL DESIGN The Consultant shall work with its electrical consultant and Landscape Architect to produce any electrical plans, if needed. 7. DELIVERABLES The Consultant shall prepare plans and specifications for as -needed tasks, and shall submit bond copies for City review and comment at the 30% and 60% stage of completeness. Plans are to be at 20 or 40 scale as appropriate on 24" x 36 sheets. The Consultant shall submit the final set of plans on Mylar with a digital copy of all AutoCad plans and documents. The City anticipates the following deliverables: • Conceptual Design • Demolition Plans • Signing and Striping Plans • Electrical Plans • Landscape/Hardscape Plans • Art in Public Places Layout • Drainage Analysis Report • Estimate of Probable Construction Costs • Technical Specifications (Special Provisions -MS Word) C. DOCUMENTS FURNISHED To assist the Consultant in fulfilling the terms of this Agreement, the City agrees to furnish the following: 1. Standard maps. 2. Preliminary Concept Plans 3. City standard details. (BB&K 2018) Exhibit "A"-2 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 4. Record drawings. 5. GIS Data. D. SCHEDULE Time is of the essence. The City would prefer to expedite services and proceed as soon as the Agreement is signed. (BB&K 2018) Exhibit "A"-3 72500.00001 \31605678.1 Rev 11-9-18 Contract No. C EXHIBIT "B" SCHEDULE OF SERVICES On -Call (BB&K 2018) Exhibit "B"-1 72500.00001\31605678.1 Rev11-9-18 EXHIBIT "C" COMPENSATION Per Fee Schedule Submitted with Proposal for On -Call Professional Architectural Services. (BB&K 2018) Exhibit "C'-1 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 38040D ON -CALL ARCHITECTURE DESIGN SERVICES CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 10th day of Januarv, 2019, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California ("City") and Jeff Katz Architecture (JKA), a California Corporation, with its principal place of business at 6353 Del Cerro Boulevard. San Dieao. California 92120 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional architecture desian consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional services for the On -Call Architecture Desian Services project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architecture desian consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from January 10, 2019 to June 30, 2020, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 1- Contract No. C 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor: Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Jeff Katz. AIA, Principal in Charge. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -2- Contract No. C 3.2.5 Citv's Representative. The City hereby designates Tom Garcia, P.E., Director of Public Works. or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Jeff Katz. AIA. Principal in Charge, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -3- Contract No. C understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Regulations; Emplovee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Emplovment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Emplovment Eligibility: Subcontractors. Consultants. Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Emplovment Eligibility; Failure to Complv. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Equal Opportunity Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 4- Contract No. C or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub -consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liabilitv Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liabilitv Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -5- Contract No. C owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. (C) Professional Liabilitv (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. (D) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. (E) Umbrella or Excess Liabilitv Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall "follow form" to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. If coverage is maintained on a claims -made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Contract. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -6- Contract No. C City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coveraae. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primarv/Non-Contributinq. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. (D) Citv's Riahts of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subroaation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub -contractors. (G) Enforcement of Contract Provisions (non estormeh. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Reauirements Not Limitinq. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -7- Contract No. C minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (1) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coveraae Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Throuqh Clause. Consultant agrees to ensure that its sub -consultants, sub -contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements 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 consultants, sub -contractors, and others engaged in the project will be submitted to City for review. (N) Citv's Right to Revise Specifications. The City or Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -8- Contract No. C performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Qualitv Manaaement and Compliance. 3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. 3.2.12.2 Compliance with Water Quality Laws. Ordinances and Reaulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. 3.2.12.4 Liabilitv for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -9- Contract No. C reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Fiftv Thousand and 00/100 ($150.000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination in accordance with section 3.6.1 and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C." 3.4 Labor Code Requirements. 3.4.1 Prevailina Waaes. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -10- Contract No. C with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 11 Contract No. C giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Jeff Katz Architecture. 6353 Del Cerro Boulevard San Dieao. CA 92120 ATTN: Jeff Katz. AIA. Principal in Charae City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Tom Garcia, P.E., Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentialitv. 3.6.3.1 Documents & Data: Licensina of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -12- Contract No. C at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Riaht to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification — Pror)rietary Information. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -13- Contract No. C the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 rReservedl 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -14- Contract No. C 3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 Citv's Right to Emplov Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -15- Contract No. C 3.6.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authoritv to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -16- Contract No. C SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND JEFF KATZ ARCHITECTURE CITY OF PALM DESERT JEFF KATZ ARCHITECTURE By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: IN Best Best & Krieger LLP City Attorney (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -17- By: Its: Printed Name: By: Its: Printed Name: CulIII cu'l 16u. G Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of -that document. STATE OF CALIFORNIA COUNTY OF On .1 20_, before me, . Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -18- Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above Contract No. C EXHIBIT "A" SCOPE OF SERVICES A. GENERAL INFORMATION 1. INTRODUCTION The services consist of professional architecture design services required to generate plans, specifications, and estimates (PS&E) for various projects on property owned or maintained by the City of Palm Desert. The intent of this request is to establish an on -call list for services required on a task order basis. Proposed improvements may include, but not be limited to, safety improvements, accessibility improvements, lighting and acoustics improvements, and tenant improvements. Proposed designs will be required to blend proposed improvements with existing improvements and the surrounding environments. The selected Consultant(s) will provide as -needed, on -call professional architecture design services that include, but are not limited to, those mentioned herein. The City will assign work to the Consultant as deemed necessary and appropriate. The Consultant and Sub- Consultant(s) performing work awarded under the RFP, must have, at all times, all appropriate and valid license(s) required to provide the work being performed. The Scope of Services requested under the RFP include professional services of an architectural nature as well as incidental services that members of those professions, and those under their employment, may logically or justifiably perform, such as hiring a trade to perform investigation or destructive testing under the direction of the Consultant. B. TASKS AND CONTRACT DELIVERABLES: In general, project tasks will include, but are not limited to, the following: 1. MEETINGS Conduct a project kickoff design meeting(s) with City staff to refine and clarify the project(s)'s objectives. The Consultant shall provide an anticipated project schedule at this meeting. City supplied materials will be provided at this time. 2. CONCEPTUAL DESIGN The City will produce concept plans that will be the basis for as -needed project(s). As part of this task the Consultant shall review the existing conceptual plan and make recommendations for any changes needed. The Consultant shall refine the existing conceptual plan as needed to produce a final conceptual plan. The final concept plan produced by the Consultant shall be the basis for the final design plans. 3. DATA COLLECTION, FIELD REVIEW & BASE MAPPING The Consultant shall perform the necessary field work and research to assume all responsibility for all the data in the final design. As part of this task the Consultant shall perform all the necessary data collection, field review and base mapping to produce a final design. (BB&K 2018) Exhibit "A"-1 72500.00001 \31605678.1 Rev 11-9-18 Contract No. C 4. ESTIMATE OF PROBABLE CONSTRUCTION COSTS Using the project plans and specifications the consultant shall prepare an estimate of probable construction costs. 5. LANDSCAPE AND HARDSCAPE DESIGN The Consultant shall work with its Landscape Architect to produce landscape, hardscape and irrigation plans if needed. The Landscape Architect will be responsible for fully developing the street scape with City approved shade trees and plant pallet. Using the existing concept plans and the final concept plans the Landscape Architect will produce the plans and specifications needed for the construction of the landscaping, irrigation and meters, decorative paving, pathways, retaining wall facade and aesthetics, and the enhancements to existing community gardens. The Landscape Architect will work closely with the project artist to create an attractive and complementary street experience. 6. ELECTRICAL DESIGN The Consultant shall work with its electrical consultant and Landscape Architect to produce any electrical plans, if needed. 7. DELIVERABLES The Consultant shall prepare plans and specifications for as -needed tasks, and shall submit bond copies for City review and comment at the 30% and 60% stage of completeness. Plans are to be at 20 or 40 scale as appropriate on 24" x 36 sheets. The Consultant shall submit the final set of plans on Mylar with a digital copy of all AutoCad plans and documents. The City anticipates the following deliverables: • Conceptual Design • Demolition Plans • Signing and Striping Plans • Electrical Plans • Landscape/Hardscape Plans • Art in Public Places Layout • Drainage Analysis Report • Estimate of Probable Construction Costs • Technical Specifications (Special Provisions -MS Word) C. DOCUMENTS FURNISHED To assist the Consultant in fulfilling the terms of this Agreement, the City agrees to furnish the following: 1. Standard maps. 2. Preliminary Concept Plans 3. City standard details. (BB&K 2018) Exhibit "A"-2 72500.00001\31605678.1 Rev11-9-18 Contract No. C 4. Record drawings. 5. GIS Data. D. SCHEDULE Time is of the essence. The City would prefer to expedite services and proceed as soon as the Agreement is signed. (BB&K 2018) Exhibit "A"-3 72500.00001\31605678.1 Rev 11-9-18 Contract No. C EXHIBIT "B" SCHEDULE OF SERVICES On -Call (BB&K 2018) Exhibit "B"-1 72500.00001 \31605678.1 Rev 11-9-18 EXHIBIT "C" COMPENSATION Per Fee Schedule Submitted with Proposal for On -Call Professional Architectural Services. (BB&K 2018) Exhibit "C"-1 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 38040E ON -CALL ARCHITECTURE DESIGN SERVICES CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 101h day of Januarv, 2019, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California ("City") and Prest-Vuksic Architects, a California Corporation, with its principal place of business at 44-530 San Pablo Avenue. Suite 200. Palm Desert, CA 92260 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional architecture design consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional services for the On -Call Architecture Design Services project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architecture desian consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from January 10. 2019 to June 30. 2020. unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -1- Contract No. C Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Reauirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: John Vuksic, Principal. 3.2.5 Citv's Representative. The City hereby designates Tom Garcia. P.E.. Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates John Vuksic. Principal, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -2- Contract No. C and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care: Performance of Emplovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Reaulations: Emplovee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Emr)lovment Eligibility: Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -3- Contract No. C and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Emplovment Eligibility: Subcontractors. Consultants. Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Complv. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Equal Opportunity Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -4- Contract No. C SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub -consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liabilitv Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liabilitv Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. (C) Professional Liabilitv (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. (D) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 -5- Contract No. C insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. (E) Umbrella or Excess Liabilitv Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall "follow form" to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. If coverage is maintained on a claims -made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Contract. 3.2.11.2 Other Provisions or Reauirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coveraae. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primarv/Non-Contributinq. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 -6- Contract No. C primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subroaation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub -contractors. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limitinq. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (1) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -7- Contract No. C performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coveraae Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Throuah Clause. Consultant agrees to ensure that its sub -consultants, sub -contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements 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 consultants, sub -contractors, and others engaged in the project will be submitted to City for review. (N) Citv's Riaht to Revise Specifications. The City or Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Qualitv Manaaement and Compliance. 3.2.12.1 Storm Water Manaaement. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -8- Contract No. C 3.2.12.2 Compliance with Water Qualitv Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. 3.2.12.4 Liabilitv for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -9- Contract No. C 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Fiftv Thousand and 00/100 ($150.000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination in accordance with section 3.6.1 and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C." 3.4 Labor Code Requirements. 3.4.1 Prevailinq Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -10- Contract No. C City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Aareement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -11- Contract No. C 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Prest Vuksic Architects, Inc. 44-530 San Pablo Avenue. Suite 200 Palm Desert. California. 92260 ATTN: John Vuksic, Principal City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Tom Garcia. P.E.. Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentialitv. 3.6.3.1 Documents & Data; Licensinq of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -12- Contract No. C to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Riaht to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification — Pror)rietary Information. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -13- Contract No. C Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 rReservedl 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.6.7 Entire Aareement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governina Law: Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -14- Contract No. C compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 Citv's Riaht to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assians. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assianment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invaliditv; Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -15- Contract No. C 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authoritv to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -16- Contract No. C SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND PREST VUKSIC, INC. CITY OF PALM DESERT By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: in Best Best & Krieger LLP City Attorney (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -17- PREST VUKSIC, INC. By: Its: Printed Name: By: Its: Printed Name: iul III uUl 16v. C; Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of -that document. STATE OF CALIFORNIA COUNTY OF On . 20_, before me, , Notary Public, personally appeared . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -18- Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above Contract No. C EXHIBIT "A" SCOPE OF SERVICES A. GENERAL INFORMATION 1. INTRODUCTION The services consist of professional architecture design services required to generate plans, specifications, and estimates (PS&E) for various projects on property owned or maintained by the City of Palm Desert. The intent of this request is to establish an on -call list for services required on a task order basis. Proposed improvements may include, but not be limited to, safety improvements, accessibility improvements, lighting and acoustics improvements, and tenant improvements. Proposed designs will be required to blend proposed improvements with existing improvements and the surrounding environments. The selected Consultant(s) will provide as -needed, on -call professional architecture design services that include, but are not limited to, those mentioned herein. The City will assign work to the Consultant as deemed necessary and appropriate. The Consultant and Sub- Consultant(s) performing work awarded under the RFP, must have, at all times, all appropriate and valid license(s) required to provide the work being performed. The Scope of Services requested under the RFP include professional services of an architectural nature as well as incidental services that members of those professions, and those under their employment, may logically or justifiably perform, such as hiring a trade to perform investigation or destructive testing under the direction of the Consultant. B. TASKS AND CONTRACT DELIVERABLES: In general, project tasks will include, but are not limited to, the following: 1. MEETINGS Conduct a project kickoff design meeting(s) with City staff to refine and clarify the project(s)'s objectives. The Consultant shall provide an anticipated project schedule at this meeting. City supplied materials will be provided at this time. 2. CONCEPTUAL DESIGN The City will produce concept plans that will be the basis for as -needed project(s). As part of this task the Consultant shall review the existing conceptual plan and make recommendations for any changes needed. The Consultant shall refine the existing conceptual plan as needed to produce a final conceptual plan. The final concept plan produced by the Consultant shall be the basis for the final design plans. 3. DATA COLLECTION, FIELD REVIEW & BASE MAPPING The Consultant shall perform the necessary field work and research to assume all responsibility for all the data in the final design. As part of this task the Consultant shall perform all the necessary data collection, field review and base mapping to produce a final design. (BB&K 2018) Exhibit "A-1-1" 72500.00001 \31605678.1 Rev 11-9-18 Contract No. C 4. ESTIMATE OF PROBABLE CONSTRUCTION COSTS Using the project plans and specifications the consultant shall prepare an estimate of probable construction costs. 5. LANDSCAPE AND HARDSCAPE DESIGN The Consultant shall work with its Landscape Architect to produce landscape, hardscape and irrigation plans if needed. The Landscape Architect will be responsible for fully developing the street scape with City approved shade trees and plant pallet. Using the existing concept plans and the final concept plans the Landscape Architect will produce the plans and specifications needed for the construction of the landscaping, irrigation and meters, decorative paving, pathways, retaining wall facade and aesthetics, and the enhancements to existing community gardens. The Landscape Architect will work closely with the project artist to create an attractive and complementary street experience. 6. ELECTRICAL DESIGN The Consultant shall work with its electrical consultant and Landscape Architect to produce any electrical plans, if needed. 7. DELIVERABLES The Consultant shall prepare plans and specifications for as -needed tasks, and shall submit bond copies for City review and comment at the 30% and 60% stage of completeness. Plans are to be at 20 or 40 scale as appropriate on 24" x 36 sheets. The Consultant shall submit the final set of plans on Mylar with a digital copy of all AutoCad plans and documents. The City anticipates the following deliverables: • Conceptual Design • Demolition Plans • Signing and Striping Plans • Electrical Plans • Landscape/Hardscape Plans • Art in Public Places Layout • Drainage Analysis Report • Estimate of Probable Construction Costs • Technical Specifications (Special Provisions -MS Word) C. DOCUMENTS FURNISHED To assist the Consultant in fulfilling the terms of this Agreement, the City agrees to furnish the following: 1. Standard maps. 2. Preliminary Concept Plans 3. City standard details. (BB&K 2018) Exhibit "A-1-2" 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 4. Record drawings. 5. GIS Data. D. SCHEDULE Time is of the essence. The City would prefer to expedite services and proceed as soon as the Agreement is signed. (BB&K 2018) Exhibit "A-1-3" 72500.00001\31605678.1 Rev 11-9-18 Contract No. C EXHIBIT "B" SCHEDULE OF SERVICES On -Call (BB&K 2018) Exhibit "B"-1 72500.00001\31605678.1 Rev 11-9-18 EXHIBIT "C" COMPENSATION Per Fee Schedule Submitted with Proposal for On -Call Professional Architectural Services. (BB&K 2018) Exhibit "C"-1 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 3804OF ON -CALL ARCHITECTURE DESIGN SERVICES CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 10th day of Januarv, 2019, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California ("City") and Rania Alomar Architect. Inc. dba: RA- DA, a California Corporation, with its principal place of business at 7523 Norton Avenue. West Hollvwood. California 90046 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional architecture design consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional services for the On -Call Architecture Desiqn Services project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architecture design consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from January 10, 2019 to June 30, 2020, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 1 Contract No. C 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor: Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Reauirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Rania Alomar. Principal-in-Charae. Sofia Ames. Proiect Manaaer. Catherine Wu. Proiect Architect, Shu Cai. Architectural Desianer, and Luisana Hernandez. Architectural Desianer. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -2- Contract No. C 3.2.5 Citv's Representative. The City hereby designates Rania Alomar. AIA. Principal -in -Charge, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Tom Garcia. P.E., Director of Public Works, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 -3- Contract No. C 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Reaulations: Emplovee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Emplovment Eliaibilitv: Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Emplovment Eliaibilitv: Subcontractors. Consultants. Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Emplovment Eliaibilitv: Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -4- Contract No. C 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Equal Opportunity Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub -consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liabilitv Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -5- Contract No. C contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liabilitv Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. (C) Professional Liabilitv (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. (D) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. (E) Umbrella or Excess Liabilitv Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall "follow form" to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. If coverage is maintained on a claims -made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Contract. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -6- Contract No. C 3.2.11.2 Other Provisions or Reauirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coveraae. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primarv/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City's Riahts of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subroaation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub -contractors. (G) Enforcement of Contract Provisions (non estop)el). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -7- Contract No. C (H) Requirements Not Limitinq. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (1) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coveraae Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Throuah Clause. Consultant agrees to ensure that its sub -consultants, sub -contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements 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 consultants, sub -contractors, and others engaged in the project will be submitted to City for review. (N) Citv's Riaht to Revise Specifications. The City or Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -8- Contract No. C (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. Water Qualitv Manaaement and Compliance. 3.2.11.3 Storm Water Manaaement. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. 3.2.11.4 Compliance with Water Qualitv Laws. Ordinances and Reaulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.11.5 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. 3.2.11.6 Liabilitv for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -9- Contract No. C willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Fiftv Thousand and 00/100 Dollars ($150.000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination in accordance with section 3.6.1 and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C." (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -10- Contract No. C 3.4 Labor Code Requirements. 3.4.1 Prevailina Waaes. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Reaistration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 -11- Contract No. C 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: RA-DA 7523 Norton Avenue West Hollvwood. CA 90046 ATTN: Rania Alomar. AIA. Principal and Founder City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Tom Garcia, P.E.; Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -12- Contract No. C 3.6.3 Ownership of Materials and Confidentialitv. 3.6.3.1 Documents & Data. Licensina of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Riaht to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -13- Contract No. C 3.6.3.4 Indemnification — Proprietary Information. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 JReservedl 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant's Services, the (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -14- Contract No. C Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.6.7 Entire Aareement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governina Law: Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 Citv's Right to Emplov Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -15- Contract No. C referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authoritv to Enter Aareement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Reauired. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -16- Contract No. C SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND RA-DA CITY OF PALM DESERT By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -17- RANIA ALOMAR ARCHITECT, INC dba: RA-DA By: Its: Printed Name: By: Its: Printed Name: `ulIII ctut 16U. C Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of -that document. STATE OF CALIFORNIA COUNTY OF On . 20_, before me, . Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -18- Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above Contract No. C EXHIBIT "A" SCOPE OF SERVICES 1. ESTIMATE OF PROBABLE CONSTRUCTION COSTS Using the project plans and specifications the consultant shall prepare an estimate of probable construction costs. 2. LANDSCAPE AND HARDSCAPE DESIGN The Consultant shall work with its Landscape Architect to produce landscape, hardscape and irrigation plans if needed. The Landscape Architect will be responsible for fully developing the street scape with City approved shade trees and plant pallet. Using the existing concept plans and the final concept plans the Landscape Architect will produce the plans and specifications needed for the construction of the landscaping, irrigation and meters, decorative paving, pathways, retaining wall facade and aesthetics, and the enhancements to existing community gardens. The Landscape Architect will work closely with the project artist to create an attractive and complementary street experience. 3. ELECTRICAL DESIGN The Consultant shall work with its electrical consultant and Landscape Architect to produce any electrical plans, if needed. 4. DELIVERABLES The Consultant shall prepare plans and specifications for as -needed tasks, and shall submit bond copies for City review and comment at the 30% and 60% stage of completeness. Plans are to be at 20 or 40 scale as appropriate on 24" x 36 sheets. The Consultant shall submit the final set of plans on Mylar with a digital copy of all AutoCad plans and documents. The City anticipates the following deliverables: • Conceptual Design • Demolition Plans • Signing and Striping Plans • Electrical Plans • Landscape/Hardscape Plans • Art in Public Places Layout • Drainage Analysis Report • Estimate of Probable Construction Costs • Technical Specifications (Special Provisions -MS Word) A. DOCUMENTS FURNISHED To assist the Consultant in fulfilling the terms of this Agreement, the City agrees to furnish the following: 1. Standard maps. 2. Preliminary Concept Plans (BB&K 2018) Exhibit "A"-1 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 3. City standard details. 4. Record drawings. 5. GIS Data. B. SCHEDULE Time is of the essence. The City would prefer to expedite services and proceed as soon as the Agreement is signed. (BB&K 2018) Exhibit "A"-2 72500.00001\31605678.1 Rev 11-9-18 Contract No. C EXHIBIT "B" SCHEDULE OF SERVICES On -Call (BB&K 2018) Exhibit "B"-1 72500.00001\31605678.1 Rev 11-9-18 EXHIBIT "C" COMPENSATION Per Fee Schedule Submitted with Proposal for On -Call Professional Architectural Services. (BB&K 2018) Exhibit "U-1 72500.00001 \31605678.1 Rev 11-9-18 Contract No. C 3804OG ON -CALL ARCHITECTURE DESIGN SERVICES CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 10th day of Januarv, 2019, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California ("City") STK Architecture. Inc., a California Corporation, with its principal place of business at 42095 Zevo Drive. Suite A15. Temecula. California 92590 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional architecture desian consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional services for On -Call Architecture Desian Services project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architecture desian consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from January 10. 2019 to June 30. 2020, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 -1- Contract No. C means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: G.V. Salts. COO. Tonv Finaldi. CFO. Carol Kurti-Greska. Proiect Manaaer. and Jaisaena Namvona. Proiect Manaaer. 3.2.5 City's Representative. The City hereby designates Tom Garcia, P.E.. Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 -2- Contract No. C 3.2.6 Consultant's Representative. Consultant hereby designates G.V. Salts. Arch itect/N CAR B/COO, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care: Performance of Emnlovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -3- Contract No. C 3.2.10 Laws and Regulations; Emplovee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Emplovment Eliaibilitv: Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Emplovment Eliaibilitv; Subcontractors, Consultants, Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Emplovment Eliaibilitv; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -4- Contract No. C 3.2.10.4 Eaual ODr)ortunity Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 Air Qualitv. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub -consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Minimum Reauirements. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liabilitv Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract' language will not be accepted. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -5- Contract No. C (B) Automobile Liabilitv Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. (C) Professional Liabilitv (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. (D) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. (E) Umbrella or Excess Liabilitv Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall "follow form" to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. If coverage is maintained on a claims -made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Contract. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -6- Contract No. C 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primarv/Non-Contributing.. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City's Riahts of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subroaation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub -contractors. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -7- Contract No. C (H) Requirements Not Limitinq. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (1) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coveraae Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its sub -consultants, sub -contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements 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 consultants, sub -contractors, and others engaged in the project will be submitted to City for review. (N) Citv's Riaht to Revise Specifications. The City or Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (BB&K 2018) 72500.00001\31605678.1 Rev11-9-18 -8- Contract No. C (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timelv Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Qualitv Management and Compliance. 3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. 3.2.12.2 Compliance with Water Quality Laws. Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. 3.2.12.4 Liabilitv for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -9- Contract No. C willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not One Hundred Fiftv Thousand and 00/100 ($150.000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination in accordance with section 3.6.1 and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C." (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -10- Contract No. C 3.4 Labor Code Requirements. 3.4.1 Prevailina Waaes. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Reaistration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -11- Contract No. C 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: STK Architecture. Inc. 42095 Zevo Drive, Suite Al Temecula, California, 92590 ATTN: G.V. Salts, Architect/ NCARB/ COO City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Tom Garcia. P.E., Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -12- Contract No. C applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentialitv. 3.6.3.1 Documents & Data; Licensina of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Riaht to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -13- Contract No. C 3.6.3.4 Indemnification — Proprietary Information. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 f Reservedl 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant's Services, the (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -14- Contract No. C Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.6.7 Entire Aareement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governina Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 Citv's Riaht to Emr)lov Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assians. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assianment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -15- Contract No. C referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authoritv to Enter Aareement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Reauired. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -16- Contract No. C SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND STK ARCHITECTURE, INC. CITY OF PALM DESERT By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 .17- STK ARCHITECTURE, INC. By: Its: Printed Name: By: Its: Printed Name: GVllLICLUL 14U. G Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On . 20, before me, , Notary Public, personally appeared . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -18- Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above Contract No. C EXHIBIT "A" SCOPE OF SERVICES A. GENERAL INFORMATION 1. INTRODUCTION The services consist of professional architecture design services required to generate plans, specifications, and estimates (PS&E) for various projects on property owned or maintained by the City of Palm Desert. The intent of this request is to establish an on -call list for services required on a task order basis. Proposed improvements may include, but not be limited to, safety improvements, accessibility improvements, lighting and acoustics improvements, and tenant improvements. Proposed designs will be required to blend proposed improvements with existing improvements and the surrounding environments. The selected Consultant(s) will provide as -needed, on -call professional architecture design services that include, but are not limited to, those mentioned herein. The City will assign work to the Consultant as deemed necessary and appropriate. The Consultant and Sub- Consultant(s) performing work awarded under the RFP, must have, at all times, all appropriate and valid license(s) required to provide the work being performed. The Scope of Services requested under the RFP include professional services of an architectural nature as well as incidental services that members of those professions, and those under their employment, may logically or justifiably perform, such as hiring a trade to perform investigation or destructive testing under the direction of the Consultant. B. TASKS AND CONTRACT DELIVERABLES: In general, project tasks will include, but are not limited to, the following: 1. MEETINGS Conduct a project kickoff design meeting(s) with City staff to refine and clarify the project(s)'s objectives. The Consultant shall provide an anticipated project schedule at this meeting. City supplied materials will be provided at this time. 2. CONCEPTUAL DESIGN The City will produce concept plans that will be the basis for as -needed project(s). As part of this task the Consultant shall review the existing conceptual plan and make recommendations for any changes needed. The Consultant shall refine the existing conceptual plan as needed to produce a final conceptual plan. The final concept plan produced by the Consultant shall be the basis for the final design plans. 3. DATA COLLECTION, FIELD REVIEW & BASE MAPPING The Consultant shall perform the necessary field work and research to assume all responsibility for all the data in the final design. As part of this task the Consultant shall perform all the necessary data collection, field review and base mapping to produce a final design. (BB&K 2018) Exhibit "A"-1 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 4. ESTIMATE OF PROBABLE CONSTRUCTION COSTS Using the project plans and specifications the consultant shall prepare an estimate of probable construction costs. 5. LANDSCAPE AND HARDSCAPE DESIGN The Consultant shall work with its Landscape Architect to produce landscape, hardscape and irrigation plans if needed. The Landscape Architect will be responsible for fully developing the street scape with City approved shade trees and plant pallet. Using the existing concept plans and the final concept plans the Landscape Architect will produce the plans and specifications needed for the construction of the landscaping, irrigation and meters, decorative paving, pathways, retaining wall facade and aesthetics, and the enhancements to existing community gardens. The Landscape Architect will work closely with the project artist to create an attractive and complementary street experience. 6. ELECTRICAL DESIGN The Consultant shall work with its electrical consultant and Landscape Architect to produce any electrical plans, if needed. 7. DELIVERABLES The Consultant shall prepare plans and specifications for as -needed tasks, and shall submit bond copies for City review and comment at the 30% and 60% stage of completeness. Plans are to be at 20 or 40 scale as appropriate on 24" x 36 sheets. The Consultant shall submit the final set of plans on Mylar with a digital copy of all AutoCad plans and documents. The City anticipates the following deliverables: • Conceptual Design • Demolition Plans • Signing and Striping Plans • Electrical Plans • Landscape/Hardscape Plans • Art in Public Places Layout • Drainage Analysis Report • Estimate of Probable Construction Costs • Technical Specifications (Special Provisions -MS Word) C. DOCUMENTS FURNISHED To assist the Consultant in fulfilling the terms of this Agreement, the City agrees to furnish the following: 1. Standard maps. 2. Preliminary Concept Plans 3. City standard details. (BB&K 2018) Exhibit "A"-2 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 4. Record drawings. 5. GIS Data. D. SCHEDULE Time is of the essence. The City would prefer to expedite services and proceed as soon as the Agreement is signed. (BB&K 2018) Exhibit "A"-3 72500.00001\31605678.1 Rev 11-9-18 Contract No. C EXHIBIT "B" SCHEDULE OF SERVICES On -Call (BB&K 2018) Exhibit "B"-1 72500.00001\31605678.1 Rev 11-9-18 EXHIBIT "C" COMPENSATION Per Fee Schedule Submitted with Proposal for On -Call Professional Architectural Services. (BB&K 2018) Exhibit "C"-1 72500.00001 \31605678.1 Rev 11-9-18 Contract No. C 38040x ON -CALL ARCHITECTURE DESIGN SERVICES CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 101h day of Januarv, 2019, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California ("City") and TR Desian Group. Inc. dba TR Desiqn Group. Architecture, a California Corporation, with its principal place of business at 7179 Maqnolia Avenue. Riverside. California 92504 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional architecture design consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional services for the On -Call Architecture Desian Services project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architecture design consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from January 10, 2019 to June 30, 2020, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Pavment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 1- Contract No. C Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Kev Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Thomas Riaale. AIA, USGBC-IE. President. Architect, Brian K. Gridlev, Proiect Architect. and Ira S. Carr)man. Senior Proiect Manaaer. 3.2.5 Citv's Representative. The City hereby designates Tom Garcia, P.E.,. Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Thomas Riqqle, AIA, USGBC-IE, President, Architect, or his/her designee, to act as its representative for (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -2- Contract No. C the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care: Performance of Emplovees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Reaulations: Emr)lovee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -3- Contract No. C 3.2.10.1 Emplovment Eliaibility: Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Emplovment Eligibility: Subcontractors, Consultants. Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Emplovment Eliaibilitv: Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Eaual Opportunity Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -4- Contract No. C definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub -consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Minimum Reauirements. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liabilitv Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liabilitv Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement. (C) Professional Liabilitv (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. (D) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -5- Contract No. C (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. (E) Umbrella or Excess Liabilitv Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall "follow form" to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. If coverage is maintained on a claims -made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Contract. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primarv/Non-Contributinq. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -6- Contract No. C primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. (D) Citv's Riahts of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (F) Waiver of Subroaation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its sub -contractors. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limitinq. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (1) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -7- Contract No. C performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coveraae Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. (M) Pass Throuah Clause. Consultant agrees to ensure that its sub -consultants, sub -contractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements 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 consultants, sub -contractors, and others engaged in the project will be submitted to City for review. (N) Citv's Riaht to Revise Specifications. The City or Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Qualitv Management and Compliance. 3.2.12.1 Storm Water Manaaement. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -8- Contract No. C 3.2.12.2 Compliance with Water Quality Laws. Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. 3.2.12.4 Liabilitv for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Fiftv Thousand and 00/100 ($150.000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -9- Contract No. C and if authorized, will be compensated at the rates and manner set forth in this Agreement 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination in accordance with section 3.6.1 and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C." 3.4 Labor Code Requirements. 3.4.1 Prevailina Waaes. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Reaistration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -10- Contract No. C 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Aareement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. (BB&K 2018) 72500.00001 \31605678.1 Rev 11-9-18 -11- Contract No. C 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: TR Desian Group. Architecture 7179 Maanolia Avenue Riverside. California. 92504 ATTN: Thomas Riaale. Architect. NCARB. AIA. President City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Tom Garcia. P.E.. Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentialitv. 3.6.3.1 Documents & Data: Licensina of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design (BB&K 2018) 72500.00001\31605676.1 Rev11-9-18 -12- Contract No. C professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Riaht to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification — Proorietary Information. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -13- Contract No. C action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 rReservedl 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.6.7 Entire Aareement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governina Law: Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -14- Contract No. C 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 Citv's Riaht to Emglov Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assians. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assianment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -15- Contract No. C material benefit arising therefrom. 3.6.19 Authoritv to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -16- Contract No. C SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND TR DESIGN GROUP, ARCHITECTURE CITY OF PALM DESERT By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -17- TR DESIGN GROUP, INC. DBA TR DESIGN GROUP, ARCHITECTURE By: Its: Printed Name: By: Its: Printed Name: GuiIII Ct"I hu. C Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On . 20_, before me, , Notary Public, personally appeared . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) (BB&K 2018) 72500.00001\31605678.1 Rev 11-9-18 -18- Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above Contract No. C EXHIBIT "A" SCOPE OF SERVICES A. GENERAL INFORMATION 1. INTRODUCTION The services consist of professional architecture design services required to generate plans, specifications, and estimates (PS&E) for various projects on property owned or maintained by the City of Palm Desert. The intent of this request is to establish an on -call list for services required on a task order basis. Proposed improvements may include, but not be limited to, safety improvements, accessibility improvements, lighting and acoustics improvements, and tenant improvements. Proposed designs will be required to blend proposed improvements with existing improvements and the surrounding environments. The selected Consultant(s) will provide as -needed, on -call professional architecture design services that include, but are not limited to, those mentioned herein. The City will assign work to the Consultant as deemed necessary and appropriate. The Consultant and Sub- Consultant(s) performing work awarded under the RFP, must have, at all times, all appropriate and valid license(s) required to provide the work being performed. The Scope of Services requested under the RFP include professional services of an architectural nature as well as incidental services that members of those professions, and those under their employment, may logically or justifiably perform, such as hiring a trade to perform investigation or destructive testing under the direction of the Consultant. B. TASKS AND CONTRACT DELIVERABLES: In general, project tasks will include, but are not limited to, the following: 1. MEETINGS Conduct a project kickoff design meeting(s) with City staff to refine and clarify the project(s)'s objectives. The Consultant shall provide an anticipated project schedule at this meeting. City supplied materials will be provided at this time. 2. CONCEPTUAL DESIGN The City will produce concept plans that will be the basis for as -needed project(s). As part of this task the Consultant shall review the existing conceptual plan and make recommendations for any changes needed. The Consultant shall refine the existing conceptual plan as needed to produce a final conceptual plan. The final concept plan produced by the Consultant shall be the basis for the final design plans. 3. DATA COLLECTION, FIELD REVIEW & BASE MAPPING The Consultant shall perform the necessary field work and research to assume all responsibility for all the data in the final design. As part of this task the Consultant shall perform all the necessary data collection, field review and base mapping to produce a final design. (BB&K 2018) Exhibit "A"-1 72500.00001 \31605678.1 Rev 11-9-18 Contract No. C 4. ESTIMATE OF PROBABLE CONSTRUCTION COSTS Using the project plans and specifications the consultant shall prepare an estimate of probable construction costs. 5. LANDSCAPE AND HARDSCAPE DESIGN The Consultant shall work with its Landscape Architect to produce landscape, hardscape and irrigation plans if needed. The Landscape Architect will be responsible for fully developing the street scape with City approved shade trees and plant pallet. Using the existing concept plans and the final concept plans the Landscape Architect will produce the plans and specifications needed for the construction of the landscaping, irrigation and meters, decorative paving, pathways, retaining wall facade and aesthetics, and the enhancements to existing community gardens. The Landscape Architect will work closely with the project artist to create an attractive and complementary street experience. 6. ELECTRICAL DESIGN The Consultant shall work with its electrical consultant and Landscape Architect to produce any electrical plans, if needed. 7. DELIVERABLES The Consultant shall prepare plans and specifications for as -needed tasks, and shall submit bond copies for City review and comment at the 30% and 60% stage of completeness. Plans are to be at 20 or 40 scale as appropriate on 24" x 36 sheets. The Consultant shall submit the final set of plans on Mylar with a digital copy of all AutoCad plans and documents. The City anticipates the following deliverables: • Conceptual Design • Demolition Plans • Signing and Striping Plans • Electrical Plans • Landscape/Hardscape Plans • Art in Public Places Layout • Drainage Analysis Report • Estimate of Probable Construction Costs • Technical Specifications (Special Provisions -MS Word) C. DOCUMENTS FURNISHED To assist the Consultant in fulfilling the terms of this Agreement, the City agrees to furnish the following: 1. Standard maps. 2. Preliminary Concept Plans 3. City standard details. (BB&K 2018) Exhibit "A"-2 72500.00001\31605678.1 Rev 11-9-18 Contract No. C 4. Record drawings. 5. GIS Data. D. SCHEDULE Time is of the essence. The City would prefer to expedite services and proceed as soon as the Agreement is signed. (BB&K 2018) Exhibit "A"-3 72500.00001\31605678.1 Rev 11-9-18 Contract No. C EXHIBIT "B" SCHEDULE OF SERVICES On -Call (BB&K 2018) Exhibit "B"-1 72500.00001\31605678.1 Rev 11-9-18 EXHIBIT "C" COMPENSATION Per Fee Schedule Submitted with Proposal for On -Call Professional Architectural Services. (BB&K 2018) Exhibit "U-1 72500.00001\31605678.1 Rev11-9-18