HomeMy WebLinkAboutC33240 - RFP - Prep Update of General Plan Contract No. C33240
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: AUTHORIZE ISSUANCE OF A REQUEST FOR PROPOSALS TO
CONSULTANTS QUALIFIED TO PREPARE AN UPDATE OF THE
CITY OF PALM DESERT GENERAL PLAN, AND APPOINT TWO
MEMBERS OF THE CITY COUNCIL TO SERVE ON AN AD HOC
SUBCOMMITTEE THAT WILL EVALUATE THE PROPOSALS
RECEIVED
SUBMITTED BY: Lauri Aylaian, Director of Community Development
DATE: January 23, 2014
CONTENTS: Request for Proposals
Recommendation
By Minute Motion, authorize staff to issue a Request for Proposals (RFP)
to consultants qualified to prepare an update of the 2004 Palm Desert
General Plan, and appoint two members of the City Council to serve on
an ad hoc subcommittee that will evaluate the proposals received in
response to the RFP.
Executive Summary
Approval of this staff report will initiate a process to update the City of Palm Desert
General Plan, which was last updated in 2004. The timing of the update has been
orchestrated such that the community input gathered during the strategic planning
process can be used as a foundation for update of the general plan.
Backqround
State L.aw: The State of California requires that each city and county within the state
prepare a comprehensive general plan, and that the plan be updated as necessary and
appropriate to reflect the long term vision and goals of its community (Government
Code section 65588). By law, the general plan must contain seven mandatory
components (called "elements"), plus other information as is important to the particular
community. The mandatory elements are: Land Use, Circulation, Housing, Open
Space, Conservation, Noise, and Safety. There are statutory requirements dictating
how often the Housing Element must be updated, but the other elements do not have
specific dates or frequencies of update. Most cities update their general plans every five
to ten years.
Contract No. C33240
Staff Report
General Plan Update RFP for Consultant Services
January 23, 2014
Page 2 of 3
Current General Plan: The City of Palm Desert adopted their current general plan in
March 2004. That plan was the culmination of a 3-1/2 year effort that involved a
General Plan Advisory Committee (GPAC) of some 30 community members who
provided input on a wide variety of subjects including the seven mandatory elements.
They also added elements that address community design, parks and recreation,
schools and libraries, health services, archaeological and cultural resources, economic
and fiscal issues, public buildings and facilities, water sewer and utilities, biological
resources, energy and mineral resources, and other issues relevant to the community.
Although the city and its core values haven't changed dramatically since 2004, the
accumulation of subtle changes in demographics, development, and lifesryles is
sufficient to warrant updating the 2004 general plan.
Strateqic P/an: A strategic plan involves broader visioning and goals than a general
plan, which focuses more on the physical, built environment. The City is now
completing a strategic plan titled Forward Together —> Envision Pa/m Desert This
visioning and strategic plan project has involved 130 community stakeholders over the
last nine months. These residents and business professionals have described the
picture of a thriving, successful Palm Desert in the year 2033. This was accomplished
by breaking down their vision into discrete components very similar to those used by the
General Plan Advisory Committee: land use, open space, and housing; transportation;
arts and culture; parks and recreation; public safety, including police and fire protection
services; economic development; education; sustainabiliry and energy conservation,
etc.
Updatinq the Genera/ Plan -- Community Invo/vement: Staff proposes to update the
general plan in a manner that streamlines the process and maximizes use of the
information gathered during the strategic plan workshops. A committee that is smaller
and more technically-oriented than the GPAC will work with a consultant to distill input
from the strategic planning process into the general plan process. Together they will
prepare a draft general plan update, then will solicit additional public comment through
the public hearing process at the Planning Commission and the City Council. Where
appropriate, additional workshops will be held on specific, targeted subjects. As
example, the strategic planning participants identified the need for a redeveloped
corridor along Highway 111. The strategic plan identifies as a goal the preparation of a
specific plan that will reinvent the circulation, parking, land use, and streetscape along
this commercial corridor. As part of the general plan update, community workshops will
be held to brainstorm ideas and flesh out details for a new Highway 111 specific plan.
Uadatinq the General P/an -- Consu/tant Selection: The majority of work necessary to
update the general plan will be performed by a specialty consultant. Because the value
of the consultant's work will exceed $500,000 and the duration of the contract may
exceed two years, it is important to consider potential consultants carefully and to
choose wisely between them. Staff has prepared a Request for Proposals that
describes the scope of work and scope of services necessary for the update. It makes
use of relatively recent documents, such as the 2013 Economic Development Strategic
g:\planningUauri aylaian�staH repoRs\general plan rfp for consultant 1-23-14.doc
Contract N0. C33240
Staff Report
General Plan Update RFP for Consultant Services
January 23, 2014
Page 3 of 3
Plan, the 2013 Housing Element, and the 2010 Environmental Sustainability Plan,
wherever possible, and focuses the consultant's work efforts where they will be most
beneficial. Issues such as a new, multi-modal traffic model and a Highway 111 specific
plan will be given the most attention. The consultant will also prepare an Environmental
Impact Report for the updated general plan.
Consultant selection will be based upon firm experience, qualifications of key team
members, cost, and location of firm. Preferential consideration will be given to firms that
are located in, and that will perform most of the work in, the Coachella Valley. An ad
hoc committee will be formed to review the consultant proposals and to interview the
top-ranked firm. This committee will meet two to three times, and will comprise a
member of the Planning Commission, the directors of the Community Development,
Building & Safety, and Public Works Departments, the City Manager or his designee,
and two members of the City Council. Staff requests that the City Council designate two
Council members to participate in consultant selection at this time.
Environmental Review
Selection of a consultant to update the general plan has no foreseeable direct or
indirect impact on the environment. No further analysis is needed at this time for
compliance with the California Environmental Quality Act.
Fiscal Analvsis
The City Council has budgeted $800,000 for the update of the City of Palm Desert 2004
General Plan. Most of the budget will be used for retention of a specialty consultant
who will prepare the update and the associated Environmental Impact Report.
Approval of this staff recommendation will not incur any expenditures. When a
consultant is selected and the contract negotiated, staff will return to the City Council for
approval of the contract and the expenditure. �
CITY COUNCIL���.�TION
APPROVED DENTED
Submitted By: RECEIVED OTHER
MEET G DATE - 3� _
AYES:
Lauri Aylaian, Community Develop �reD�t��s� �
ABSENTa
A�;oval: 1 ABST`��'
VERIFIED BYt
{ Qr[ginai on F�1e�►ith Ci�► erk's Ofticu
pprove t e a.ut orizatlon tc� issue �n RFP
nd appointed Councilmember Benson �nd
� M. Woh muth, City Manager Mayor Pro Tem Weber_ , with M�yor Tanner a�
Alternate, to thP Ad Hoc Subcommittee.
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REQUEST FOR CONSULTANT PROPOSALS
FOR
PROFESSIONAL PLANNING SERVICES
FOR A GENERAL PLAN UPDATE AND
ENVIRONMENTAL 1MPACT REPORT
City of Palm Desert
Director of Community Development
73-510 Fred Waring Drive
Palm Desert, California 92260
(760) 346-0611, Extension 481
January 23, 2014
TABLE OF CONTENTS
REQUEST FOR PROPOSAL PAGE NO.
PART 1 Introduction and Background ...............................................................3
PART2 Scope of Work .....................................................................................4
PART 3 Scope of Services................................................................................5
PART4 Available Documents ...........................................................................6
PART5 Schedule..............................................................................................7
PARTs Budget..................................................................................................7
PART7 Proposal Contents................................................................................7
PART8 Proposal Format..................................................................................7
PART9 Proposal Evaluation ........................................................................... 10
PART 1 O If1SUf8C1C@ R@qUlf@171@f1tS .................................................................... 1 1
PaRT 11 City of Palm Desert Rights and Options............................................. 14
PaRT12 Proposal Submittal ............................................................................. 15
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CITY OF PALM DESERT
REQUEST FOR CONSULTANT PROPOSALS
FOR
PROFESSIONAL PLANNING SERVICES
FOR A GENERAL PLAN UPDATE AND
ENVIRONMENTAL IMPACT REPORT
1. INTRODUCTION AND BACKGROUND
The Ciry of Palm Desert, California, incorporated November 26, 1973, is centered in the
heart of the Coachella Valley. It is 27 square miles in area and has 49,949 permanent
residents and another 32,000 seasonal residents. Palm Desert is known as the cultural
and retail center of the desert communities.
In 1997, voters approved changing Palm Desert's designation from general law to a
Charter City in order to preserve the historical principles of self-governance and derive
the resulting social, economic, and fiscal benefits from local control. The City employs
the Council-Manager form of government. The City Council consists of five citizens
elected to staggered four-year terms, with the position of Mayor rotating annually among
the Council members.
The City of Palm Desert is also rated one of the safest cities in Southern California. The
Police Department is contracted through the Riverside County Sheriff's Department.
The fire and paramedic service is similarly contracted.
The City Council and City staff pride themselves on high quality delivery of services to
residents. Palm Desert is clean, well maintained, and well managed. Whether it be
through popular community gardens and varied parks, quality education at our Palm
Desert schools, or unparalleled shopping and dining opportunities, we believe that our
job is to put the concerns and needs of the Palm Desert residents above all others.
Current General Plan: The existing general plan was comprehensively updated in a
four-year work effort, culminating in adoption on March 15, 2004. Since that time, the
Housing Element has been updated regularly as required by State law, with the current
version having been adopted in October 2013. Other elements have been impacted by
minor amendments, but have not been comprehensively revised. The majority of the
amendments have been to the Land Use Element.
This General Plan update is not envisioned as a wholesale rewrite of all elements, but
rather a rewrite of some key elements, a refreshing of others, and a consolidation of
several recent planning documents into this single, comprehensive document. Further
description of the work needed for individual elements and the other documents
available as resources is provided in Section 2, Scope of Work, and Section 4, Available
Documents.
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2. SCOPE OF WORK
In brief, the scope of work includes update of all mandatory and optional elements of the
2004 City of Palm Desert General Plan, and preparation of an environmental impact
report for the updated plan.
The Ciry is interested in applying its resources wisely and in a cost effective manner.
The City also recognizes that, although all elements of the general plan are important,
not all need to be addressed in a general plan. In fact, inclusion of information and
elements in this document will be counterproductive if the information is not used
regularly and updated in a timely manner. As example, producing a Water, Sewer, and
Utilities Element, but not updating it with new information from the Coachella Valley
Water District (CVWD), Imperial Irrigation District (IID), Southern California Edison
(SCE), and Time Warner Cable (TWC) creates confusion for all parties concerned.
Even though it is convenient to have the information in a single document, upkeep of
the information is likely to be sporadic and inconsistent, such that it is better to refer
questions to the agencies in question. Consequently, the Ciry is prepared to minimize or
eliminate some of the discretionary elements, and will work with the consultant to
identify which elements those are.
To provide more specific guidance, the elements contained in the current general plan,
and their anticipated need for revision, are as follows:
Consider Minimal Moderate to
2004 General Plan Element Consolidating Revisions Comprehensive
or Eliminatin Revisions
Land Use X
Circulation X
Housin X
Parks and Recreation X
Communi Desi n X
Arts and Culture X
Economic and Fiscal X
Archeolo ical and Cultural Resources X
Biolo ical Resources X
Water Resources X
Air Qualit X
Ener and Mineral Resources X
O en S ace and Conservation X
Geotechnical X
Floodin and H drolo X
Noise X
Hazardous and Toxic Materials X
Water, Sewer, and Utilities X
Public Buildin and Facilities X
Fire and Police Protection X
Schools and Libraries X
Health Services X
Emer enc Pre aredness X
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' Includes update of specific plans and preparation of minimum one new specific plan (for ihe
Highway 111 corridor).
2 Traffic Study and Circulation Element.
A� Prepare a fraffic model based upon RIVTAM to plan for meeting the needs of all users of
streets, roads, and highways. For the purpose of the Circulation Elemenf, users are
considered to include motorists, pedestrians, bicyclists, children, persons with disabilities,
seniors, movers of commercial goods, and riders of public fransportation. Comply with
the 2010 Office of Planning and Research guidelines for complete streets and the
circulation elemeni.
B� Re-examine ihe City's peak hour intersection Level of Service (LOS) by movement, and
evaluate policies and implications on corridors and inte�sections.
� Siudy and develop goals and policies relative to tie-in of the exisfing non-motorized
transportation routes to the future CV Link system, and maximizing the effectiveness of
thai system in reducing vehicle miles traveled.
3 Minimal revisions to the 2013 Economic Development Strategic Plan will be needed to
incorporate it in the Economical Fiscal Element of the updated General Plan.
' Includes poteniial addition of a Healthy Communities Element.
Communiry participation: The City of Palm Desert does not plan to use a General Plan
Advisory Committee for this update. The City is concluding a year-long strategic
planning effort as of the date of issuance of this Request for Proposals. This effort has
involved 130 residents, business owners, technical staff, policy makers, and
stakeholders from throughout the community. These individuals worked together to
provide a vision of Palm Desert twenty years into the future. They formed focused,
specialty working groups to address: Land Use, Housing, and Open Space; Parks and
Recreation; Public Safety and Emergency Services; Energy and Sustainability;
Economic Development; Arts and Culture; Tourism and Marketing; Transportation; and
Education. The comprehensive visioning and deliberation of these groups was intended
to be a foundation for not only the strategic plan, but for the ensuing General Plan
update as well. This allows the public participation during the General Plan update to
supplement, rather than re-create, that provided during the strategic planning efforts.
For these reasons, the consultant's work will be guided by a small, technical working
group comprised primarily of staff members. Community participation will be sought in
several workshops wherein a draft of the General Plan is presented, and in the public
hearings conducted by the Planning Commission and Ciry Council. Broad communiry
participation will also be actively solicited for development and update of specific plans
for the Land Use Element.
3. SCOPE OF SERVICES
Services to be provided by the selected consultant include the following:
1 . Establish one individual who will serve as consultanYs project manager and point
of contact for all services performed under contract.
2. Work as an extension of City staff. Maintain an open dialogue with staff and work
closely with the City Review and update existing goals and policies from 2004
General Plan.
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3. Meet in person with staff members as needed to gather technical input and track
progress of work.
4. Prepare agendas and exhibits, and conduct meetings and workshops with staff,
working committee, and the public to gather data, collaboratively explore ideas,
review concepts, and present findings.
5. Evaluate effectiveness of City's programs in achieving goals in 2004 General
Plan.
6. Prepare draft Environmental Impact Report (EIR), Final EIR and all supporting
documents as a necessary to comply with the requirements of the Cafifornia
Environmental Quality Act.
7. Provide a traffic model (as described in scope of work, above) and make such
revisions to the model as may be requested by City staff.
8. Provide consistency with the State Office of Planning and Research General
Plan Guideline update for 2014 (or draft Guideline if final guideline is not issued
prior to the Notice to Proceed date for this contract work).
9. Integrate the documents provided by the City, including the Housing Element,
Environmental Sustainability Plan, and the Economic Development Strategic
Plan into the General Plan, providing internal consistency in content and
appearance. Eliminate redundancy between elements to the greatest extent
possible.
10.Submit seven hard copies plus one electronic copy of the draft General Plan to
the City for review.
11.After receiving comments from City staff, incorporate revisions and prepare
revised draft Plan. Conduct minimum two public meetings to present the draft
Plan to interested members of the community.
12.Revise draft and present Plan to Planning Commission and City Council in public
hearings as are required for Plan adoption.
4. AVAILABLE DOCUMENTS
The following documents are available upon request for consultants responding to the
Request for Proposals (RFP). Some of these documents are available in hard copy
upon receipt of payment for copying costs.
1. 2004 General Plan
2. 2010 Environmental Sustainability Plan and Greenhouse Gas Inventory
3. Adopted 2013 Housing Element
4. 2013 City of Palm Desert Economic Development Strategic Plan
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5. 2014 Strategic Plan: Envision Palm Desert--> Forward Together(Dratt)
6. City of Palm Desert FY 2013-14 Marketing Plan
7. City of Palm Desert Template Professional Consultant Services Agreement
5. SCHEDULE
A suggested schedule is presented below. If the consultant anticipates difficulties with
the proposed delivery schedule, he/she should so indicate, and should propose an
alternate schedule in Item c. of Project Approach in the response to the RFP.
Schedule
Issue Re uest for Pro osals Februa 1, 2014
Pro osals Due to Ci 5:00 m, Februa 28, 2014
Consultant Interviews Week of March 24, 2014
Award of Contract b Ci Council A ril 10, 2014
Contract Execution Ma 2, 2014
Notice to Proceed Ma 5, 2014
Submittal of First Draft to Ci Februa 2015
Ado tion of Plan b Ci Council December 2015
6. BUDGET
The City has appropriated $800,000 for this update, and would like to accomplish the
work within this budget if practicable. Under Item V d. of the proposal, consultant should
address the project's budgetary parameters, including cost limitation mechanisms and
optional tasks. Creative approaches that utilize existing resources, limit less critical
technical studies, and potentially use less expensive resources for some tasks or
processes are encouraged. Consultants may propose optional approaches or tasks that
the City could consider to better or more cost effectively achieve its goals.
7. PROPOSAL CONTENTS
To demonstrate its qualifications, its ability to perform the services described in this
RFP, and its proposed method for pertorming these services, the consultant shall
submit eight copies of a proposal containing the following information in the format
indicated below. Incomplete proposals and proposals not organized according to this
format may be rejected. Faxed or emailed proposals will be rejected.
8. PROPOSAL FORMAT
I. A transmittal letter including the following information:
a. Signature of an officer of the consultant designated as the prime consultant
who is authorized to bind the firm contractually. In case of a joint venture (JV),
an officer of each JV partner shall sign.
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b. The name, title, address, and telephone number of the individual to whom
correspondence and other contacts should be directed during the consultant
selection process.
c. The name, title, address, and telephone number of the individual who will
negotiate with the City and who is authorized to contractually bind the
consultant.
d. A statement that the firm can meet the City's insurance requirements,
including certificates of insurance naming the Ciry, its officers, officials,
emptoyees, and volunteers as additional insureds. Completed insurance
endorsements will be required if your firm is selected. All endorsements must
be on forms acceptable to the City.
II. Exqerience of the firm or JV, including:
a. A list of five most recent similar projects by the proposed project team.
Include at least one project on which all of the principal team members,
including key sub-consultants, worked together. Do not list any projects that
were performed by key team members when they were employed by other
firms. In the case of a JV, do not list projects performed by either of the firms,
only ones performed by both firms as a joint venture. Each description shall
include:
• The name of the client and a contact name, address, and telephone
number.
• The scope of the consultant's involvement in the project.
• The month and year the projects started and the month and year they
were completed.
• The total value of the services provided.
• The key personnel involved and the sub-consultants employed.
Sub-consultants should identify at least three (3) recent projects of a similar
nature as references. Give the following information on each project:
• The name and location of the project.
• The estimated total value.
• The year the project was started and completed.
• The firm's project responsibilities. Indicate which responsibilities were
those of personnel who would be assigned to this project.
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• The name, title, and telephone number of a contact person with the client
who is familiar with the project.
b. Summary description of any litigation (and outcomes) within the last seven
years that the firm or JV has been involved in concerning a general or specific
plan, or elements thereof, or the adequacy of CEQA documentation prepared
by the firm or proposed subcontractors.
c. The current size of the prime consultant firm or JV and the size variation
during the past seven years.
d. A list of any of the prime consultanYs contracts terminated (partially or
completely) by clients for convenience or default within the past seven years.
Include contract value, description of work, client, contract number, and the
name and telephone of the contracting entity.
III. Proiect approach, including:
A brief description of the project team's proposed technical and management
approach to the project. Include the following information:
a. A description of the project team's organization required to conduct this
project.
b. The team's identification of the critical project elements that may arise during
the term of the contract.
c. The team's approach to control cost, schedules, and quality. If revisions are
suggested to the proposed schedule, discuss them here.
d. Any assumptions or limitations as to technical study scope or process
(number of intersections to be studied, noise measurements taken, number of
meetings to be attended, etc.)
IV. Qualifications of the qroiect team's kev personnel, including:
a. The name, position, and a detailed resume of the proposed Project Manager.
Identify the name, position, and a brief resume of the person who will be the
actual key contact with City staff.
b. The name, position, brief resume, and proposed responsibilities for all other
key personnel. Indicate their present assignments and their availability.
Include alternate personnel that would be used if the persons identified as key
personnel are not available at the time a specific project arises.
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c. Provide a team organization chart showing all key personnel.
Describe any special resources the project team may bring to the Project,
such as specific recent experience working on related projects, and recent
experience on City of Palm Desert or other local (Coachella Valley) projects.
Elaborate on why the project team stands above the competition.
V. Cost proqosal based in the scope of work and scope of services described in this
Request for Proposals. Include:
a. Expected hours by job classification. Estimate the percentage of hours that
will be for work performed in the Coachella Valley. Include the work of all
subconsultants in this computation.
b. A current hourly rate schedule.
c. Expected budget for reimbursable expenses, if any.
d. A description of assumptions made while preparing the cost proposal and any
qualifications to that proposal.
e. Suggestions of any modifications that the City could make to the scope of
work or scope of services that would allow the project to be accomplished
more cost effectively.
VI. Writina samples, including a sample Land Use Element a sample Circulation
Element, and a third sample element of your choosing, that your firm has prepared
within the last three years. Identify the author of the sample(s), and what role he/she
will have on this project. Send no more than five pages of each sample element. Do
not send the whole General Plan.
9. PROPOSAL EVALUATION
1. Consultant proposals will be evaluated based upon firm experience,
qualifications of key personnel, project approach, cost, and location of firm
(including what percentage of the work will be performed locally). Preferential
consideration will be given to firms that are located in the Coachella Valley and
that will perform the majority of the work locally.
2. The proposals will be evaluated by a committee comprising City of Palm Desert
staff, one member of the Planning Commission, and two members of the City
Council.
3. After review of the proposals, the evaluation committee may choose to interview
three to five top-ranked firms. If conducted, these interviews will allow the
consultant team to make a presentation, then answer questions relative to their
presentation and their written proposal. Firms invited to be interviewed will be
given a minimum of seven calendar days advance notice of the interview date.
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4. The evaluation committee will identify the top-ranked firm and recommend to the
Palm Desert City Council that a contract be awarded to that firm.
5. City staff will negotiate a contract with the top-ranked firm based upon the scope
of work and scope of services described herein, and the cost proposal submitted
by the consultant, subject to such modifications in any of these as may be
necessary and appropriate to deliver a General Plan and Environmental Impact
Report that are complete, sufficient, and in the best interests of the City of Palm
Desert.
6. In the event that the Ciry and the top-ranked consultant are unable to reach a
mutually satisfactory agreement for any reason, the City reserves the right to
terminate negotiations with the top-ranked firm and to commence negotiations
with the second-ranked firm.
7. The City Council will consider the recommendation of the consultant evaluation
committee and the negotiated contract, and make a decision regarding award of
the contract during a regularly scheduled meeting that is open to the public.
10.INSURANCE REQUIREMENTS
Without limiting consultant's indemnification of Ciry, 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 satisfactory to City.
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 properry damage, including without limitation,
blanket contractual liability. Defense costs shall be paid in addition to the limits. The
policy shall contain no endorsements or provisions limiting coverage for (1) contractual
liability; (2) cross liability exclusion for claims or suits by one insured against another; or
(3) contain any other exclusion contrary to the Agreement.
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.
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, continuiry date, or retroactive date must be before
the effective date of this agreement and consultant agrees to maintain continuous
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coverage through a period no less than three years after completion of the services
required by this agreement. Covered professional services shall specifically include all
work to be performed under the Agreement and delete any exclusions that may
potentially affect the work to be performed (for example, any exclusions relating to lead,
asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work,
etc.). If coverage is written on a claims-made basis, the retroactive date shall precede
the effective date of the initial Agreement and continuous coverage will be maintained or
an extended reporting period will be exercised for a period of at least three (3) years
from termination or expiration of this Agreement.
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 Ciry of Palm Desert, its officers,
agents, employees and volunteers.
Other provisions or requirements:
Insurance for Subconsultants: All subconsultants shall be included as additional
insureds under the consultant's policies, or the Consultant shall be responsible for
causing subconsultants to purchase the appropriate insurance in compliance with the
terms of these Insurance Requirements, including adding the City as an Additional
Insured to the subconsultant's policies. Consultant shall provide to Ciry satisfactory
evidence as required under Insurance Section of this Agreement.
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 endorsement must
be approved by City's Risk Manager prior to commencement of performance. The
certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. 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.
Duration of Coveraqe: Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to properry, which
may arise from or in connection with the performance of the work hereunder by
Consultant, his agents, representatives, employees or subconsultants.
City's Riqhts 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.
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Acceptable Insurers: All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
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
BesYs Key Rating Guide, unless otherwise approved by the City's Risk Manager.
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, and shall require
similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions (non estopqel): 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 Ciry nor
does it waive any rights hereunder.
Primary and Non-Contributina Insurance: All insurance coverages shall be primary and
any other insurance, deductible, or self-insurance maintained by the indemnified parties
shall not contribute with this primary insurance. Policies shall contain or be endorsed to
contain such provisions.
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 rype.
Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and
insurers to provide to Ciry 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.
Additional Insured Status: General liability, Automobile Liabiliry, and if applicable,
Pollution Liability, policies shall provide or be endorsed to provide that the Ciry of Palm
Desert and its officers, officials, employees, and agents shall be additional insureds with
regard to liabiliry 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 liability
policies.
City's Riaht to Revise Specifications: The City 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.
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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.
Timelv Notice of C�aims: 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.
Safe : Consultant shaN 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.
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 work.
11.CITY OF PALM DESERT RIGHTS AND OPTIONS
This RFP does not commit the Ciry of Palm Desert to award a contract, to pay any cost
incurred with the preparation of a proposal, or to procure or contract for services
described herein. The City of Palm Desert reserves the right to accept or reject any or
all proposals received in response to this RFP, to negotiate with any qualified source, or
to cancel in whole or in part this process if it is in the best interest of the City to do so.
Subsequent to negotiations, prospective consultants may be required to submit
revisions to their proposals. All respondents should note that any contract pursuant to
this solicitation is dependent upon the recommendation of the Palm Desert City Council.
The Ciry reserves the right to postpone selection for its own convenience, to withdraw
this RFP at any time, and to reject any and all proposals without indicating any reason
for such rejection. As a function of the RFP process, the City of Palm Desert reserves
the right to remedy technical errors in response to the RFP and to modify the published
scope of services and scope of work. The City of Palm Desert will reserve the right to
request that specific personnel with specific expertise be added to the team if the City
determines that specific expertise is lacking in the project team. Proposals submitted in
response to the RFP will not be returned.
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12.PROPOSAL SUBMITTAL
All proposals in resaonse to this RFP are due no later than 5:00 p.m. on Friday.
February 28, 2014. Prouosals should be delivered to: Citv of Palm Desert. 73-510
Fred Warinq Drive, Palm Desert. CA 92260. Attention: Lauri Avlaian, Director of
Communitv Development. All Questions reqardinq this RFP shall be directed to
Lauri Avlaian, (760) 34-0611, Extension 481.
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