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Home My WebLink AboutSR - R27990 - El Paseo RevitalizationPALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVE AGREEMENT FOR PROFESSIONAL DESIGN SERVICES IN AN AMOUNT NOT-TO-EXCEED $445,445 WITH FORMA DESIGN, INC. (CONTRACT NO. R- 27990 ) FOR EL PASEO REVITALIZATION SUBMITTED BY: BRYCE L. WHITE, PROJECT ADMINISTRATOR CONSULTANT: FORMA DESIGN, INC. 3050 PULLMAN ST. COSTA MESA, CA 92626 DATE: JULY 10, 2008 CONTENTS: PROJECT PRO FORMA AGREEMENT FOR PROFESSIONAL SERVICES Recommendation: By Minute Motion, that the Agency Board: Approve Agreement for Professional Design Services in an amount not-to- exceed $445,445 with FORMA Design, Inc. (Contract No. R-27990 ) for EI Paseo Revitalization; 2. Authorize the Finance Director to set aside $44,545 as 10% contingency (use of contingency requires additional action); and 3. Authorize the Chairman to execute said contract. Funds are available in Account No. 850-4679-464-4001. Executive Summarv: Approval of staff's recommendation will allow preparation of designs and plans to significantly improve and beautify the EI Paseo streetscape corridor of almost two miles. The designs and plans will include improvements for signage, lighting, public art displays, irrigation, landscape, streets, sidewalks, and pedestrian accessibility. The fee for professional design services is 9% of the amount currently budgeted for this proposed project and is within industry standards for a project of this complexity. Discussion: EI Paseo is a unique shopping, dining, and strolling district, and an important contributor to the economic wellbeing of the City. Recent and proposed development in neighboring cities pose a future challenge to the prominence of EI Paseo within the Coachella Valley. Palm Desert has Staff Report Approve Contract No Page 2 of 6 July 10, 2008 R2799 with FORMA Design, Inc. for EI Paseo Revitalization historically been the retail center of the Coachella Valley, which is increasingly threatened by attractive, high-end shopping alternatives available closer to residential markets in other parts of the Valley. In order to continue to draw affluent shoppers from all parts of the Valley and remain a prestigious destination, EI Paseo requires reinvention to surpass current and foreseeable future Southern California venues that extends well into the twenty-first century. In response to a request by Agency Board members, staff investigated the potential for aesthetically and thematically connecting the east and west ends of EI Paseo to the core shopping district between Highway 74 and Portola Avenue. This initial investigation revealed a host of issues associated with uncoordinated elements and deteriorated conditions of the landscape, irrigation, lighting, and right-of-way improvements along the full length of EI Paseo of almost two miles. On March 9, 2006, the Agency Board ratified a professional services agreement for a study identifying existing conditions of concern and recommendations regarding their revitalization within the EI Paseo corridor and to develop cost estimates. This study report for EI Paseo Revitalization was completed in September of 2006. The concepts for EI Paseo Revitalization were reviewed and endorsed by the Landscape Beautification Committee and the Retail Committee. A White Paper was prepared and budgeted for in the 2007-08 fiscal year to replace the aging infrastructure along EI Paseo and for improvements to enhance the streetscape over a period of three years. This commercial district was responsible for over $2,279,000 in sales tax revenue to the City's General Fund for 2007. The proposed project is intended to protect and increase the financial contribution of this important retail district to the City. The amount that has currently been budgeted for EI Paseo Revitalization is $4,928,000. Construction is proposed during the summer months to minimize disruption to businesses along this corridor. Staff from Redevelopment, Economic Development, Public Works, Landscaping, and Public Art have worked cooperatively to define the scope of the proposed project. On March 27, 2008, the Agency Board approved professional engineering services to conduct a complete topographic survey of existing improvements in the EI Paseo corridor and document the existing conditions on a base plan for EI Paseo Revitalization. On April 4, 2008, Requests for Proposals (RFP) for professional design services associated with the design of EI Paseo Revitalization were posted and solicited from thirty-nine firms. A Notice Inviting Proposals was published in The Desert Sun on April 9, 2008 and April 14, 2008, resulting in sixty-five responses which were then sent the referenced RFP. The professional design services for the EI Paseo Revitalization project will include preparation of various schematic designs and participation in regular meetings with the Agency to review and comment on the design concepts. Schematic designs acceptable to the Agency will then be submitted for approval of City Authorization bodies. Plans will then be prepared based on the approved schematics and submitted to the appropriate City departments for approvals. The Agency will determine the phasing, if any, of construction and the construction documents will be prepared accordingly. The Agency reserves the right to terminate the Agreement within seven days written notice. In any such case, the reasonable value of the services rendered by the design firm up to the time of termination shall be paid on the basis of their standard hourly rates. G vda�Mar�a Hun��WPDATA�WHi7E�WhiiTE�sHrpts�071008FormaDes�qnlnccont doc Staff Report 27990 . Approve Contract No. R- with FORMA Design, Inc. for EI Paseo Revitalization Page 3 of 6 July 10, 2008 The Agency's tentative schedule for completion of the following activities is as follows: Proposals Due Interviews with Firms Deemed Most Qualified Approval of Design Services Schematic Designs Review and Revisions to Schematic Designs City Authorizations 65% Design 100% Design Construction Documents Begin Construction 05/12/08 06/13/08 07/10/08 09/01 /08 10/ 15/08 12/ 15/08 02/01 /09 03/01 /09 04/01 /09 06/01 /09 The proposed concepts identified within the RFP to revitalize EI Paseo fall within eight categories. To achieve the design intent of the RFP to establish EI Paseo as the preeminent shopping district in Southern California and achieve additional national name recognition will require the vision to unify all of the following elements into a cohesive whole. A comprehensive sign and way-finding program is proposed that will provide directional signs on Highway 111 and other transportation corridors to the EI Paseo district. Significant monumentation is envisioned at each end of EI Paseo and at the ends of the central shopping district at Highway 74 and Portola. All signs are proposed to be themed and coordinated to emphasize the uniqueness of EI Paseo with standardized locations for removable banners to publicize seasonal, artistic, cultural, or other events. It is proposed to eliminate the privately maintained lighting systems from the right-of-way and to provide comprehensive illumination plans that will be consistent and provide the desired ambiance throughout the EI Paseo corridor, including the medians, sidewalks, and intersections. The style of fixtures and resulting light will be designed to be state-of-the-art and significantly enhance the artful atmosphere of this district. The system will be controllable from a central source and provide innovative and very energy efficient lighting. It is proposed to replace the public art concrete pads with uniform eight foot by eight foot pads set into grade with an aesthetically pleasing surface finish slightly above the surrounding grade. Consideration will be given to setting the pads at a 45° angle to the curbs or other shapes of equivalent square footage such as oval or circular designs. The decomposed granite ground cover will be replaced with a more complimentary hardscape not requiring irrigation. The lighting will be by in-ground, semi-directional lights set off the pads with flood and spotlights alternating at the corners controllable by a single computerized central control. The existing irrigation systems will be removed and replaced with a new single system that will comply with City standards. The location of water and electrical controls will be standardized throughout the corridor. The system will emphasize advanced water conservation methods with a single computerized central control of all systems. A comprehensive landscape master plan of the EI Paseo corridor will be designed, including medians, right-of-ways, and adjoining privately owned landscape areas that will establish design continuity for the entire district. The existing palm trees are proposed to remain wherever G �raa�Ma�a Hunt�WPDATA�WHITE�WHI7E�sNrpts�07t008Fo�**�aDes�gnlnccont doc Staff Report 2799 Approve Contract No. R- �ivith FORMA Design, Inc. for EI Paseo Revitalization Page 4 of 6 July 10, 2008 possible with provisions made for retaining the root systems from uplifting surrounding concrete. The typical planter areas within the walkways wiil be enlarged as much as is practical without restricting pedestrian traffic. The existing turf and flower planter areas in the median areas are aesthetically desirable to retain, but will be balanced with the City's goals of reducing water consumption. Trees or other plants requiring either removal or retention will be identified. The landscape will provide enhanced visual appeal, shade, and simplified maintenance. Existing improvements within the right-of-way that are nonconforming will be replaced to meet City and ADA requirements. The City's Public Works Department will be consulted for their evaluation of existing improvements and for recommendations concerning replacement and changes in gutters and street drainage facilities as necessary. In order to create continuity throughout the corridor, which is the leading design intent of the revitalization project, it is proposed that sidewalk surfaces be more coordinated. Planter areas will be enlarged with a visual border separating them from the walkways while not adversely impacting normal pedestrian traffic. Existing walkway surfaces that enhance the district and identify significant shopping areas are proposed to remain. Consideration will be given regarding the most cost effective and acceptable style of sidewalk surfaces including concrete finishes, stamped concrete, pavers, or other walkway materials. The cost and efficacy to replace portions of walkway requiring removal to accommodate future repairs or new installations underneath the sidewalks will be considered. It is proposed that designs will be developed that preserve the current traffic flow and majority of street parking while providing a more pedestrian friendly environment. Consideration shall be given at appropriate intersections to decrease the pedestrian crossing distance on EI Paseo by extending curb and sidewalk areas outward from the existing sidewalks, with similar improvements in other areas such as at no parking zones, thus minimizing any reduction in available parking. These areas will be used for a variety of purposes such as public seating, landscaping, art placement, or other functions to both encourage pedestrian traffic and to make EI Paseo more visually interesting. Placement of public art pads opposite these locations will provide decreased pedestrian viewing distance from the art work and permit contemplative viewing opportunities when sitting. There was an exceptional response to the Request for Proposals for Professional Design Services for the EI Paseo Revitalization. A total of fifteen (15) proposals were received of which six firms were deemed the most qualified to be interviewed. The following nine design firms were not selected for interviews: ADL Planning (Carlsbad) Christopher McFadden Architect (Palm Desert) Community Design Group (Riverside) Copley Design Collaborative (Oceanside) EI Paseo Sustainable Initiative (Palm Desert) Gillespie Moody Patterson, Inc. (La Jolla) Ochoa Design Associates (Palm Desert) Randy Purnel Landscape Architects (Rancho Mirage) Stantec (Palm Desert) G vda�Mana Hunt�WPDATA�WHiTE�WHITE�stlrpts�071008FormaDes�gnlnccont Ooc Staff Report 27990 Approve Contract No. R- with FORMA Design, Inc. for EI Paseo Revitalization Page 5 of 6 July 10, 2008 The Selection Committee for EI Paseo Revitalization Design Services was composed of Martin Alvarez, Redevelopment Manager; Bo Chen, City Engineer; Spencer Knight, Landscape Manager; Renee Schrader, Associate Planner; and Bryce White, Project Administrator. Interviews were conducted over three days with the following six design firms: David Evans 8� Associates (Palm Desert) FORMA Design, Inc. (Costa Mesa) HSA Design Group (Palm Desert) Lynn Capouya Landscape Architects, Inc. (Costa Mesa) MSA Consulting/RGA Landscape Architects (Rancho Mirage) Rick Engineering Company (Riverside) The evaluation of proposals for Design Services was based on the following criteria: • Ability and resources to perform the specific tasks outlined in the RFP, including a timely completion. • History of experience on recent projects with similar complexity or with many characteristics to those outlined in the RFP or a record of success on similar work performed for the City/Agency. • Abilities of consultants, including their resources, history of relevant experience, and qualifications of key personnel. • Qualifications and time availability of key individuals who will work on the project. • Special consideration of intangibles including vision for the project, creativity, and innovation. • Proximity of Main Office to location of project. The Selection Committee after interviewing all of the candidates scored each of the design firms. The individual fee proposals were then opened and their final evaluations were adjusted by a weighing factor. The backgrounds of the top-ranked firms on recent projects with similar characteristics as EI Paseo Revitalization were checked. The Selection Committee met on three occasions following the interview of the final design firm. After considerable deliberation and due diligence, the Selection Committee unanimously agreed to recommend approval of FORMA Design, Inc. for G trda�Mana Hun��WPDATA�WHITE�WMITE�.stlrp�5�071008FormaDes�gnlnccon� dot Staff Report 27990 Approve Contract No. R- with FORMA Design, Inc. for EI Paseo Revitalization Page 6 of 6 July 10, 2008 Design Services. Staff concurs and recommends approval of Agreement for Professional Design Services in an amount not-to-exceed $445,445 with FORMA Design, Inc. for EI Paseo Revitalization. Su itted by: J Q y� L. W it , Project Administrator 1/ mh ;�-'/� � �'�/� Martin Alv�rez, Redevelopment Mgr. Department Head: ,� �-.� i / ti� Dave Yrigoye Director of Re elopment/Housing Carlos L. Ortega, ��(ecutive Director Approval: �istir McCarthy ACM 'or Redev pm �� 'P � Paul S. Gibs r� Dire t of Finance VERIFIED BY ��K /`�7�� Original on file with City Clerk's nffic� ,��% �C�6Y RDA �.� "� or� � � �� • C�g G \rda\Maria Hunt\WPDATA\WHITE\WHITE\stfrpts\071008FormaDesignlncconLdoc Staff Fund FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 Total Property Acquisition: $ - $ - $ - $ - $ - $ - Professional Services:850 $ 440,000 $ 50,000 $ - $ - $ - $ 490,000 Fees:850 $ - $ 61,000 $ - $ - $ - $ 61,000 Construction:850 $ - 2,062,200$ 1,546,650$ 1,546,650$ -$ $ 5,155,500 Equipment: $ - -$ -$ -$ -$ $ - Administration: $ - -$ -$ -$ -$ $ - Direct Staff Costs:2 850 $ 94,345 97,176$ 41,897$ 43,153$ -$ $ 276,571 Contingency:850 $ - $ 406,000 $ 304,500 $ 304,500 $ - $ 1,015,000 Other: $ - -$ -$ -$ -$ $ - 534,345$ 2,676,376$ 1,893,047$ 1,894,303$ -$ 6,998,071$ Staff Fund FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 Total Maintenance Costs:110 $ - $ - $ - $ 119,000 $ 122,570 $ 241,570 Replacement Costs: $ - $ - $ - $ - $ - $ - Administration:110 $ - $ - $ - $ 46,900 $ 48,307 $ 95,207 Direct Staff Costs:0 $ - $ - $ - $ - $ - $ - Contract Staff Costs: $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - Total:-$ -$ -$ 165,900$ 170,877$ 336,777$ 534,345$ 2,676,376$ 1,893,047$ 2,060,203$ 170,877$ 7,334,848$ -$ -$ -$ -$ -$ -$ Fund FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 Total $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Temporary Jobs Created:40 $ - $ - $ - $ - $ - $ - Average Income:72,800 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Permanent Jobs Created:0 $ - $ - $ - $ - $ - $ - Average Income:- $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - -$ -$ -$ -$ -$ -$ Loan Repayments: General Fund Contractual Agreements: Grant Monies: El Paseo Revitilization Total: Sales Tax: Transient Occupancy Tax: Fees: Rents/Leases: Other Revenues: Redevelopment Agency Tax Increment: Housing Set-Aside: This project will provide the following community benefits: Community Design Pedestrian Circulation Public Art Biological Resources Water Resources Energy Resources Alleviates Blight Job Creation Community Benefits Projected Revenue Recurring Cost Estimates Project/Construction Cost Estimates Total: Property Tax: Total All Costs: Potential Increase to Public Safety Costs: AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this 10"' day of July , 2008, ("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY ("Agency") and FORMA DESIGN, INC., a California Corporation, ("Consultant") (sometimes referred to individually or collectively as "Party" or "Parties"). WITNESSETH WHEREAS, Agency desires to retain Consultant as an independent contractor to perform certain technical and professional consulting services in connection with the EI Paseo Revitalization project, subject to the terms and conditions specified below, in the documents attached and incorporated herein, and applicable federal, state and local law. NOW, THEREFORE, in consideration of performance by the Parties of the mutual promises, covenants, and conditions herein contained, the Parties hereto agree as follows: 1. Consultant's Services. 1.1 Nature of Services. Consultant shall provide professional and technical services on a non-exclusive basis, as more particularly described in Section 3, below, and in Exhibit A, Scope of Services. 1.2 Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its direct supervision, and all personnel engaged in the work shall be qualified, and shall be authorized or permitted under state and local law to perform such services. 1.3 Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to Agency. 1.4 Consultant Reqresentative. For the purposes of this Agreement, the registered architect, engineer, or landscape architect who will serve as the Consultant Representative shall be Carol S. MacFarlane ("Consultant Representative"). 1.5 Time of Commencement. The execution of this Agreement by the Parties does not constitute an authorization to proceed. A separate written Notice to Proceed shall be issued by the Agency Representative, and Consultant shall not commence work until receipt of such written Notice(s) to Proceed, as further set forth in Sections 2 and 3, below. 1.6 Time of Performance/Time is of the Essence. Consultant shall commence the services contemplated under this Agreement immediately upon receipt of a written Notice to Proceed from the Agency, and shall prosecute to completion each Professional Services Agreement - Agency - V.1 task listed in Section 3 in a timely and diligent manner in accordance with the schedule appended to this agreement as Exhibit B. Z. Services by Agency: 2.1 Aqencv Representative. For the purposes of this Agreement, the Agency Representative shall be Bryce Lynn White , or such other person designated by the Agency's Executive Director ("Agency Representative"). Provision of Data. All information, data, reports and records and maps as are existing and available from the Agency and necessary for the carryings out of the work outlined in Exhibit "A" hereof shall be furnished to Consultant without charge by Agency, and Agency shall cooperate in every way reasonable in the carrying out of the work without delay. Proiect Budqet. The Agency shall provide a budget for the project that shall include contingencies for bidding, changes during construction, and other costs which are the responsibility of the Agency. Tests and Inspection. The Agency shall furnish structural, mechanical, chemical, and other laboratory tests, inspections, and reports as required by law or the contract documents, provided however that the Consultant shall advise the Agency in advance of the necessity of such tests and inspections, and shall coordinate and cooperate with the testing and inspection agencies, if any, at no additional cost to the Agency. 3. Consultant's Scope of Work. Upon delivery by Agency to Consultant of a written Notice to Proceed, Consultant shall immediately commence work pursuant to this Agreement. Consultant's scope of work shall consist of the services in Exhibit A and Exhibit B appended to this Agreement. 3.1 Reqortinq & Record Keepinq. To assist Agency in the performance of its planning, reporting, and financial administration obligations, Consultant shall, throughout the term of this Agreement, keep Agency reasonably informed of progress on work required under this Agreement, and of any problems or delays, anticipated or otherwise, associated with each aspect of the work. Consultant shall promptly respond to any request by Agency for information, progress reports, or documentation. Consultant shall maintain accurate records of all work performed for each Assignment under this Agreement, including but not limited to originals or copies, as applicable, of all deliverable documents described in Exhibit B. Upon the completion of work, and if requested by the Agency, Consultant shall deliver to Agency the originals of all renderings, models, or documentation produced, and may retain copies of such documentation, at Consultant's election. 3. 2 Compliance with Laws. Consultant shall at all times possess any and all licenses and permits necessary to provide the services herein, and shall comply with applicable federal, state and local laws, ordinances, codes and regulations in the performance of this Agreement, and with all applicable with any applicable City of Palm Desert policies and guidelines. a G:\rda�Beth Longman\Projects\EI Paseo Revitalization\Forma Prof Svc Agmt 7-08 doc 3.3 Confidentiality. Except as otherwise permitted or required by law, Consultant shall maintain as confidential and shall not disclose any and/or all information received in the course of performing pursuant to this Agreement. Consultant shall promptly inform the Agency in the event Consultant receives a subpoena or court order requiring disclosure of confidential information. 4. Not Used 5. Compensation. Agency shall pay Consultant for the Services provided under this Agreement on the following basis. 5.1 Not-to-Exceed Fee: Agency shall pay to Consultant a total amount not to exceed $ 445,445.00 as stated in Exhibit C for the basic services described in Exhibit B. Payment shall be made on a monthly basis, based upon the hourly rates defined in Exhibit B, multiplied by the number of hours worked by each classification of personnel assigned to the project during the previous calendar month. The not-to- exceed fee shall not be exceeded without written agreement between the parties. 5.2 Additional Services: Additional services beyond those described in Exhibit B shall be reimbursed on a time-spent basis at the hourly rates described therein. Agency shall not be obligated to compensate Consultant for additional services performed without advance authorization from the Agency Representative. 5.3 Extraordinary Expenses/Costs. No claims for additional services, expenses or costs incurred by Consultant will be allowed unless such additional services, expenses or costs are authorized by Agency in writing prior to the performance or incurrence of such services, expenses or costs. Any additional services, expenses or costs authorized by Agency shall be compensated at rates mutually agreed upon by the Parties in writing. 6. Method of Payment. 6.1 Invoices. Consultant shall submit to Agency invoices each month for all services, if any, completed, and all expenses or costs incurred pursuant to this Agreement during the preceding month. The invoices shall describe the services rendered during the period and shall show the number of hours worked, the hourly rates charged, and any milestone achievements. Copies of receipts for expenses or costs shall be submitted with each invoice. Agency shall review such invoices and notify Consultant in writing within fifteen (15) calendar days of any disputed amounts. 6.2 Pavment. Agency shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the maximum amounts set forth in Section 5. 6.3 Audit of Records. At any time during regular working hours, all records, invoices, time cards, cost control sheets and other records maintained by Consultant shall be available for review and audit by the Agency. 3 G\rda\Beth Longman�Pro�ects\EI Paseo Revitalization�Forma Prof Svc Agmt 7-08.doc 7. Ownership of Work Product. 7.1 Propertv of Aqenc�r. All documents including but not limited to plans, bids, proposals, correspondence, permits, certificates, contracts, change orders, invoices, receipts, reports, analyses or other written material developed or obtained by Consultant in the performance of this Agreement, including any and all intellectual property rights arising therefrom ("Work Product"), shall be and remain the property of Agency without restriction or limitation upon its use or dissemination by Agency. Promptly upon the completion of each Assignment, or at any other time upon reasonable notice to Consultant by Agency, Consultant shall deliver all Work Product to Agency. 7.2 Re-Use of Work Product. Agency and Consultant agree that all documents, other than invoices, prepared by Consultant pursuant to this Agreement shall be used exclusively for the subject project, and shall not be used for any other work without the mutual agreement of the Parties. Such material shall not be the subject of a copyright application by Consultant. In the event Consultant permits the re-use or other use of such Work Product, Agency shall require the party using them to indemnify and hold harmless Agency and Consultant regarding such re-use or other use, and Agency shall require the party using them to eliminate any and all references to Consultant from such Work Product. In the event Agency re-uses such Work Product on any project other than the project for which they were prepared, such re-use shall be at the sole risk of Agency unless Agency compensates Consultant for such reuse. 8. Conflict of InterestlProhibited Conduct and Interests 8.1 Conflict of Interest. Consultant and its o�cers, employees, associates and sub consultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant shall retain the right to perform similar services for other clients, but Consultant and its officers, employees, associates and sub consultants shall not, without the prior written approval of the Agency Executive Director, perform work for another person or entity for whom Consultant is not currently pertorming work that would require Consultant or one of its officers, employees, associates or sub consultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 8.2 No Solicitation. Consultant, on behalf of itself and its officers, employees, agents and representatives, warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Agency shall have the right to terminate this Agreement without notice or liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4 G.\rda\Beth Longman\Pro�ects\EI Paseo Revital�zat�oMForma Prof Svc Agmt 7-08_doc 8.3 No Financial Interest - Aqency. No officer, member or employee of Agency during his or her tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and agree that to their knowledge no member of the Agency Board, or officer or employee of Agency, has any interest, whether contractual, non-contractual, financial or otherwise, in this Agreement, or the subject matter thereof, nor any business or financial relationship with Consultant, and that if any such interest comes to the knowledge of either Party at any time a full and complete disclosure of all such information will be made in writing to the other Party or Parties, even if such interest would not be considered a conflict of interest under applicable laws. 8.4 No Financial Interest — Consultant. Consultant hereby covenants, on behalf of itself, and its officers, employees, agents and representatives, that at the time of executing this Agreement it has no interest, and that it shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by Consultant. At no time during the term of this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on ConsultanYs behalf, accept anything of value from any contractor or subcontractor performing services in connection with the project. 9. Indemnification. Other than in the performance of professional services and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold the City, Agency, and City's and Agency's elected officials, officers, employees, agents and volunteers free and harmless from and against all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney's fees, court costs, and expert witness fees incurred by City or Agency, arising out of or in any way connected with, in whole or in part, the acts or omissions of Consultant, or any of Consultant's officers, agents, employees or contractors, in the performance of this Agreement, including but not limited to, claims, suits and liabilities for bodily injury, death or property damage to any individual or entity, including employees or officials of Consultant. The provisions of this paragraph shall not apply to claims arising out of the sole negligence or willful misconduct of City or Agency, any of City's or Agency's elected officials, officers, employees or agents. In addition to the foregoing, Consultant shall indemnify, protect, defend and hold harmless the Agency and the City of Palm Desert, their officials, employees, agents and representatives from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of the Consultant, its officers, agents, employees or subConsultants (or any entity or individual that the Consultant shall bear the legal liability thereofl in the performance of professional services under this agreement. 10. Insurance. 5 G.\rda�Beth Longman\Pro�ects\EI Paseo Revitalization�Fortna Prof Svc Agmt 7-08.doc Consultant will maintain insurance in conformance with the requirements set forth below. If Consultant's existing coverage does not meet the requirements set forth here, it will be amended to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Agency in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to Agency. 10.1 Workers' Compensation and Employer's Liability. Consultant shall provide Workers Compensation and Employer's Liability Insurance on an approved policy form providing benefits as required by law with employer's liability limits no less that $1,000,000 per accident or disease. 10.2 Professional Liabilitv or Errors and Omissions. Professional Liability or Errors and Omissions insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must contain a provision establishing the insurer's duty to defend. The policy retroactive date must be on or before the effective date of this agreement. 10.3 Automobile Liabilit�. Consultant shall provide auto liability coverage with a limit of no less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. 10.4 Waiver. If the Consultant does not carry Worker's compensation coverage, or if the Consultant will not operate any vehicles at any time within the scope of the services in the agreement, provisions for these coverages may be waived upon review and approval of the Agency's Risk Manager. 11. Status as Independent Contractor. Consultant is, and shall at all times remain as to Agency, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of Agency. Neither Agency nor any of its officials, employees or agents shall have control over the conduct of Consultant or any of ConsultanYs employees, except as set forth in this Agreement. 12. Non-Assignability; Subcontracting. Consultant shall not assign or subcontract all or any portion of this Agreement without the Agency's prior, written consent. Any attempted or purported assignment or sub-contracting by Consultant shall be null, void and of no effect. 13. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual � G\rda\Beth Longman\Projects\EI Paseo Revitalization\Forma Prof Svc Agmt 7-08.doc orientation. This clause shall be included in any contract prepared or approved by Consultant in connection with performance of its services under this Agreement. 14. Cooperation. In the event any claim or action is brought against Agency or City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation, which Agency or City might require. 15. Termination. The right is reserved by the Agency to terminate the Agreement at any time upon seven (7) days written notice, in the event the project is to be abandoned or indefinitely postponed, or in the event the Consultant's services, in the sole judgment of Agency, are unsatisfactory or because of the Consultant's failure to prosecute the work with diligence or within the time limits specified or because of his disability or death. In any such case, the Consultant shall be paid the reasonable value of the services rendered, based upon Consultant's standard hourly rates, up to the time of the termination. The Consultant shall keep adequate records to substantiate costs and provide copies of original timecards in the event of termination or suspension. 16. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be given by first class U.S. mail or by personal service. Notices shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during ConsultanYs and Agency's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be delivered to the Parties at the following addresses: Agency: Carlos L. Ortega, Executive Director Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 341-6372 With a copy to: Bryce Lynn White Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 341-6372 Consultant: Carol S. MacFarlane FORMA Design, Inc. 3050 Pullman Street Costa Mesa, CA 92626 Tel: (760) 673-6200 � G:\rda�Beth Longman�Projects\EI Paseo Revitalization�Forma Prof Svc Agmt 7-08.doc Fax: (760) 673-6299 17. Non-Waiver of Terms, Rights and Remedies. Waiver by either Party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by Agency of any payment to Consultant constitute or be construed as a waiver by Agency of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by Agency shall in no way impair or prejudice any right or remedy available to Agency with regard to such breach or default. 18. Attorney's Fees. In the event that either Party to this Agreement shall commence any legal action or proceeding for damages for breach, or to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and experts' costs. 19. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 20. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and Agency. This Agreement supersedes all prior oral or written negotiations, representations or agreements. No promise or representation, whether oral or written, express or implied, that is not set forth herein, shall be binding or have any force or effect. This Agreement may not be amended, nor any provision waived, except in a writing signed by the Parties which expressly refers to this Ag reement. 21. Partial Invalidity. In case any provision of this Agreement should be deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions shall not be affected or impaired thereby. 22. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties to this Agreement. 23. Waivers. No waiver of any breach or default of any term or provision of this Agreement shall be deemed a waiver of any other term or provision of this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. 24. Construction. Section headings in this Agreement are solely for the convenience of the parties and are not a part of and shall not be used to interpret this s G:�rda�Beth Longman�Projects�El Paseo Revdalizat�on\Forma Prof Svc Agmt 7-08.doc Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references to Sections ace to this Agreement. All exhibits to this Agreement are hereby incorporated by reference. 25. In case of conflicts within the contract documents, the document precedence shall be as follows: (a) This Agreement (b) Exhibit A— Request for Proposal for Professional Design Services for EI Paseo Revitalization (c) Exhibit B— FORMA Design, Inc., Proposal (d) Exhibit C— Lump Sum Fee Schedule IN WITNESS WHEREOF, said parties have executed this Agreement effective as of the Effective Date above. FORMA DESIGN, INC. By: its: By: its: PALM DESERT REDEVELOPMENT AGENCY Jean M. Benson, Chairman ATTEST: Rachelle D. Klassen, Secretary APPROVED AS TO FORM Dave Erwin, City Attorney 0 G�\rda�Beth Longman\Projects\EI Paseo Revitalizat�on\Forma Prof Svc Agmt 7-08 doc EXHIBIT A REQUEST FOR PROPOSAL FOR PROFESSIONAL DESIGN SERVICES FOR EL PASEO REVITALIZATION G:\rda\Beth Longman�Projects\EI Paseo Revitalizat�on\Forma Pr4fl�vc Agmt 7-08 doc REQUESTFOR PROPOSAL FOR PROFESSIONAL DESIGN SERVICES FOR EL PASEO REVITALIZATION L INVITATION You are hereby invited to submit a Proposal for Professional Design Services associated with the EI Paseo Revitalization. Four (4) copies of your Proposal shall be submitted no later than 12:00 PM May 12, 2008, address to: Palm Desert Redevelopment Agency Attn: Bryce White 73-510 Fred Waring Drive Palm Desert, CA 92260 II. BACKGROUND EI Paseo is a unique shopping, dining, and strolling district. In order to maintain and enhance its image as the premier destination in the Coachella Valley, concepts to improve and beautify the right-of-way for the entire length of the EI Paseo corridor of almost two miles have been considered. The Agency Board on March 27, 2008, authorized the award of a professional engineering services contract to conduct a complete topographic survey and prepare a base plan documenting all existing improvements within the EI Paseo right-of-way corridor. The base plan will inventory existing conditions to allow design firms to more accurately provide proposals for renewal of EI Paseo. To create the plan a complete topographic survey of EI Paseo beginning on the east end of EI Paseo at the intersection of Cabrillo Drive and Highway 111 and continuing to the west end at the intersection of EI Paseo and Town Center Way will provide, but not be limited to, the following: 1. Distances from the face of the curbs to any existing buildings, walls or other improvements and to the median islands and their dimensions; 2. Sidewalks will be located including the description as to the type of material, surface �nish and dimensions as well as red curb zones, driveway approaches and A.D.A. , accessible ramps; 3. Location of manhole covers, water valves, gas valves, utility boxes, �re hydrants, and any subsurface access points as well as gutters, cross gutters, catch basins, area drains, drywells, etc. 4. Size and locations of pads for public art including lighting, and location and identification of all existing signage; 5. Location and dimensions of landscape and hardscape areas including identification of trees and other significant shrubs; 6. Location of traffic signal standards, light standards, and area lights. III. PROPOSED IMPROVEMENTS An initial study report identifying existing conditions of concern and recommendations regarding their revitalization within the EI Paseo corridor was prepared. Staff has reviewed these recommendations and developed additional concepts to enhance EI Paseo which include the following: design of themed directional and district identification signage; provision of sufficient and consistent area and architectural �ighting; replacement of public art pads and lighting to enhance the public art displays; replacement of existing irrigation systems with centrally coordinated systems; replacement of selected oversized trees and undesirable landscaping; standardization of public improvements to City and ADA standards; replacement of deteriorated sidewalks to provide aesthetically desirable and unifying walkways; and creation of various peninsulas out from the sidewalk for public seating, art placement, landscaping, and other improvements designed to make EI Paseo more visually interesting and to encourage pedestrian traffic. A. SIGN PROGRAM The EI Paseo corridor currently does not exhibit identification or directional signage along Highway 111 that would signal the location and entry to this premier shopping district. The development of themed directional and district identification signage will help establish an easily recognizable and unified EI Paseo district. A comprehensive sign program is proposed that may include: • Lighted monumentation where EI Paseo begins and ends at the Cabrillo Drive and Town Center Way intersections with State Highway 111. � Directional signs on Highway 111 prior to intersections with streets through to EI Paseo with a major emphasis on Portola, San Pablo, and Monterey Avenues. • Themed street signs on corners and overhead traffic signal standards. • Standardized locations for banners on light posts or flag posts for seasonal, artistic, cultural or theme events, as well as providing a venue to publicize local entertainment, concerts, or sporting events. B. LIGHTING There are sections along EI Paseo that are poorly lit, creating a less inviting evening atmosphere. Much of the existing street lighting is located on the medians and, due to its distance from the sidewalks, provides insufficient lighting for pedestrians walking along EI Paseo and for the areas in front of the stores. Some intersections are lit with cobra style lights but their height and appearance is not conducive to the desired ambiance for this area. The predominant lighting along the sidewalk areas are privately maintained systems consisting primarily of string lighting or down lights installed on palm trees with exposed electrical conduits and connection boxes. It is proposed to eliminate the privately maintained lighting systems from the right-of- way and to provide a comprehensive illumination plan. The street lighting design should be consistent and provide the desired ambiance throughout the EI Paseo corridor including the medians, sidewalks, and intersections. The style of fixtures and resulting light will be designed to significantly enhance the artful atmosphere of this district and consideration should be given to innovative energy efficient lighting. G vaa\Beth longman�Prqects�Ei paseo Re�tal�zaoon�RFP Prot Des�gn Sva 4-3-08 tloc C. PUBLIC ART DISPLAYS The medians through the length of EI Paseo include areas for public art displays. Most of the art pieces displayed therein are on loan from artists and displayed for varying lengths of time. The concrete pads supporting the art pieces are set on grade parallel to the curbs and vary in size and condition. They are surrounded by decomposed granite ground cover. The lighting of the art is with above ground landscape lights with no central controls. It is proposed to replace the concrete pads with uniform eight foot by eight foot pads set into grade with an aesthetically pleasing surface finish slightly above the surrounding grade. Consideration should be given to setting the pads at a 45° angle to the curbs or other shapes of equivalent square footage such as oval or circular designs. The decomposed granite ground cover would be replaced with a more complimentary hardscape not requiring irrigation. The lighting will be by in-ground, semi-directional lights set off the pads with flood and spot lights altemating at the comers. The individual systems will be controlled by a single computerized central control. D. IRRIGATION OF LANDSCAPE The present irrigation systems are outdated both along the right-of-way and in the medians and their equipment is at the end of its useful life. The existing systems are a mix of inethods and materials including portions that are privately maintained. It is proposed to remove and replace the existing irrigation systems with a new single system that will comply with City standards. The location of water and electrical controls will be standardized throughout the corridor. The system will emphasize advanced water conservation methods with a single computerized central control of all systems. E. LANDSCAPE The existing landscape along EI Paseo is not of the caliber appropriate for an exclusive shopping district. This is in part due to the age, size, or species of certain plantings, and the general lack of sufficient shade to enhance the pedestrian experience throughout the year. There are also areas that are not landscaped. A comprehensive landscape master plan of the EI Paseo corridor is proposed including medians, right-of-ways, and adjoining privately owned landscape areas that will establish design continuity for the entire district. The existing palm trees are proposed to remain wherever possible with provisions made for retaining the root systems from uplifting surrounding concrete. The typical planter areas within the walkways need to be enlarged as much as is practical without restricting pedestrian traffic. The existing turf and flower planter areas in the median areas are aesthetically desirable to retain, but will need to be balanced with the City's goals of reducing water consumption. Trees or other plants requiring either removal or retention will need to be identified. The landscape will need to provide enhanced visual appeal, shade, and simplified maintenance. G vda�Bet� Longman\Pio�ects\EI Paseo Rev�tal�za6on\RFP Prol Design Svcs 43-08 tloc F. PUBLIC IMPROVEMENTS An analysis of existing public improvements within the EI Paseo right-of-way shows curbs, driveway approaches, and pedestrian ramps that may not conform to City and ADA standards. Gutters and cross gutters including street drainage facilities may also not be adequate or conform to the requirements of the City. It is proposed that nonconforming improvements within the right-of-way be replaced to meet City and ADA requirements. The City's Public Works Department will need to be consulted for evaluation of existing improvements and their recommendations for replacement and for changes in gutters and street drainage facilities. G. SIDEWALK IMPROVEMENTS The sidewalk surfaces and condition along the EI Paseo corridor are varied and some sidewalks are in disrepair. Many of the walkway areas have been individually installed and stylized by adjoining property owners with no coordinated district design. The planter areas located within the walkways are typically insufficient for the plantings. In order to create continuity throughout the corridor, which is the leading design intent of the revitalization project, it is proposed that sidewalk surfaces be more coordinated. Planter areas need to be enlarged with a visual border separating them from the walkways while not adversely impacting normal pedestrian traffic. Existing walkway surfaces that enhance the district and identify significant shopping areas are proposed to remain. Consideration will need to be given regarding the most cost effective and acceptable style of sidewalk surfaces including concrete finishes, stamped concrete, pavers, or other walkway materials. The cost and efficacy to replace portions of walkway requiring removal to accommodate future repairs or new installations underneath the sidewalks should be considered. H. TRAFFIC CALMING The EI Paseo traffic corridor consists of dual lanes of traffic in each direction with parallel parking. Intersections are controlled by either traffic signals or four way stop signs. The medians provide traffic separation and an enhanced parkway while the sidewalk areas contribute significantly less to the parkway experience. It is proposed that traffic calming designs be implemented that preserve the current traffic flow and parking while providing a more pedestrian friendly environment. . Consideration shall be given at appropriate intersections to decrease the pedestrian crossing distance on EI Paseo by providing peninsulas extending outward from the existing sidewalks. Similar peninsulas can be provided in other locations where there are currently red zones preventing parking, thus minimizing any reduction in available parking. These peninsulas could be used for a variety of purposes such as public seating, landscaping, art placement, or other functions to both encourage pedestrian traffic and to make EI Paseo more visually interesting. Consideration should be given to placement of public art pads opposite these locations to provide decreased pedestrian viewing distance from the art work and to permit contemplative viewing opportunities when sitting. G Vda�Belh Longman\Pro�ects\EI Paseo Re�taliza0on\RFP Prof Des�gn Svcs 4-3-08 doc IV. PRELIMINARY SCHEDULE it is anticipated that the Designer will collaborate with consultants representing various professional fields to form a Design Team to more efficiently fulfill the desired objectives of the Agency. The design firm awarded the professional services contract for the EI Paseo Revitalization project will prepare various schematic designs and participate in regular meetings with the Agency to review and comment on the design concepts. Schematic designs acceptable to the Agency will then be submitted for approval of City authorization bodies. Plans will then be prepared based on the approved schematics and submitted to the appropriate City departments for approvals. The Agency will determine the phasing, if any, of construction and the construction documents will be prepared accordingly. The Agency's tentative schedule for completion of the following activities is as follows: Proposals Due .........................................................05/12/08 Interviews with Firms Deemed Most Qualified .........05/23/08 Notice to Proceed ....................................................06/25/08 Schematic Designs ..................................................09/01 /08 Review and Revisions to Schematic Designs ..........10/15/08 City Authorizations ...................................................12/15/08 65% Design .............................................................02/01/09 100% Design ...........................................................03/01 /09 Construction Documents ..........................................04/01/09 Begin Construction ..................................................06/01/09 V. SCOPE OF SERVICES A. RESEARCH AND RECORD INFORMATION 1. The Designer shall perform general research to secure all the information required to identify, locate, and accurately lay out all existing improvements that may affect the revitalization. 2. The Agency will provide copies of available pertinent City records, such as street improvement plans, striping plans, tract and parce! maps that the City knowingly has in its possession. B. MEETINGS The Designer shall schedule and attend meetings in the design phase as follows: • Initial meetings with City/Agency staff. • A minimum of twice monthly progress meetings or as scheduled by Agency with Design Team and City/Agency staff including the submittal of updated schedules and reports for the project. The Designer will be responsible for preparation of an agenda a minimum of three (3) working days prior to the meeting. • All necessary meetings with City agencies required for design approval The Designer shall prepare meeting agendas and minutes for all meetings. The minutes shall be distributed to all attendees, invitees, and the Agency's project manager within five (5) working days after the meeting. The minutes shall include, but not be limited to, G�Vda�Beth Lo�gman�Pro�ects�El Paseo Re�tal�zabon\RFP prof Des�gn Svcs 4�3-08 doc list of attendees with phone numbers and e-mail, synopsis of discussion items, any pertinent information, action items, and follow-up to the action items. C. PROJECT SCHEDULE The Designer shall provide a digital version of the project schedule in Microsoft Project scheduling format, with hard copies provided for reports and staff usage. The project schedule shall be updated regularly and handed out during the Meetings. The project schedule shall be divided into tasks showing critical path for expeditious project completion. Ciry/Agency reviews, authorizations, and processing shall be shown on the schedule. Critical tasks such as pertinent committees, commissions or City Council/Agency Board meetings shall be shown. D. UTILITIES The Designer shall contact all utility agencies providing service within the EI Paseo corridor and obtain utility maps and records for the project area. The Designer shall assist with the coordination of any utility relocation which may be required. E. PLANS AND SPECIFICIATIONS The Plans, Specifications, and Estimates must conform to the city of Palm Desert's established standards and format. The Designer shall provide clear, concise, and complete plans as follows: a. Demolition Plan — Showing all surface features to be removed prior to construction including but not limited to art pads, lights, landscape, walls, fences, sidewalk, curb, gutter, asphalt, etc. b. Grading and Paving Plan — Showing surface drainage facilities, and where required due to removal of existing improvements, finished surface elevations, rates of grade, construction notes, construction details, etc. The Designer shall incorporate the Americans with Disabilities Act (ADA) requirements throughout. c. Curbs, Approaches, and Sidewalk Plans — For all nonconforming improvements requiring replacement, new pedestrian peninsulas, and for sidewalks to be upgraded. d. Signing and Striping Plan — showing signs and street striping as required by the City. The plans shall include: access ramp locations and types, existing street striping, crosswalks, and all other anciltary street markings and signing that may exist or will be required to complete new street improvements. e. Landscape and Irrigation Plan — The Designer shall provide complete planting and irrigation plans with construction details showing the layout, water, and electrical sources. Lighting Plan — The Designer shall provide comprehensive electrical and photometric plans showing complete electrical design and drawings for the installation of the lights and associated conduits and ancillary equipment g. Signage Plans — The Designer shall provide complete plans for installation of all monuments, signs, and banners. h. Public Art Display Plans — Showing pads, finishes, surrounding hardscape, and lights which should also be shown on the grading, paving and lighting plans. G.UdalBeth Lonqman\Pro�ects�Ei Paseo Re�talizal�m\RFP Prof Des�gn Svcs 4-3-08 doc 2. The Project Title Sheet shall include, but is not limited to; project title, vicinity (location map), title blocks, north arrows, scales, general notes, construction notes, construction legend, telephone numbers of utilities, and other affected agencies and businesses. 3. The Improvement Plans shall include existing surface improvements, curbs, curb returns, driveway approaches, pedestrian ramps, edge of pavement, sewer manholes, water valves, gas valves, utility boxes, fire hydrants and any other subsurface access points, as well as cross gutters, area drains, public art pads, traffic signals, light standards, area lights, signage, landscape, hardscape, and other details that could be affected by the new construction and shall be shown in a half tone or dashed background format to distinguish them from the new improvements proposed for the project. New improvements, all relocations, and all reconstructions or modifications shall be shown in full tone or highlighted with appropriate construction notes, detailed reference or with standard plan reference identified. 4. Detail Sheets shall be provided where standard plans are not available or where specific dimensioning cannot be readily shown on the improvement plans or provided by description in the project specifications or as needed to ensure project constructability. 5. All drawings shall be prepared utilizing Auto CAD Land Desktop software. The final design shall be plotted on twenty-four by thirty-six (24" x 36") mylar. All mylar's are to be signed and sealed by a California Licensed Civil Engineer, with current registration. No "stick-onsn of any kind shall be permitted. 6. The Agency will provide the Designer with its boiler plate Specifications 8� Standard Technical Provisions, and Appendixes in Microsoft Word format. The Designer shall assist the Agency in providing construction contract time periods, liquidated damage amounts, and other critical insert items needed to complete the General provisions portion of the specifications. The Agency shall make these insertions into its boiler plate to maintain the integrity of the document formatting. The Designer shall write Special and/or Technical Provisions or provide amendments to the Standard Technical Provisions to provide for complete coverage of all construction elements identified in the contract plans or to identify construction work or to coordinate elements of construction of the project which cannot be shown on the plans or as needed to clarify the Standard Specifications for Public Works Construction (Green Book). The State of California Department of Transportation Standard Specifications shall be used for the striping and traffic signage elements of the project. F. SUBMITTALS TO (CITY, AGENCIES, UTILITIES, ETC.) At each submittal (typically 65%, 95%, 100%, and Final) to the City for plan check, the Designer shall submit the following after first confirming with the Public Works Department their requirements for submittals: • Three (3) sets of blueprints. • Three (3) sets of specifications after 65% plan review and with each submittal thereafter. • One (1) estimate at each submittal. Each submittal shall incorporate all previous plan check comments and include all previous red lined check prints. In addition, one (1) reproducible set of mylar plans shall be submitted with the final bidding. The design drawings should be as complete, accurate, and error-free as possible before G.1rda\Betn Longman\Pro�ects\EI Paseo Rev�tal�zaUon\RFP Prof Des�gn Svcs 4-3-08.tlx submitting for plan checking in order to reduce the number of plan checks required and related costs for the City. 2. The Designer shall, at no additional cost to the City, correct eRors, omissions, and unworkable and/or improper design/drafting on the original drawings, which are discovered either before or after the completion of the plan checking process. 3. The Designer shall directly submit to each utility company a preliminary and a final set of plans that provide the location of its facilities that will need to be adjusted to grade or �elocated. G. ESTIMATE OF QUANTITIES AND COST The estimate of quantities shall itemize all new, remodeled, reconstructed, retocated and/or protected improvements including but not limited to: itemizing all removals, relocations, storm drainage facilities, earthwork, sub-grade preparation, aggregate base, AC paving, Portland Cement Concrete (PCC) curb and gutter, PCC sidewalk, sidewalk paving materials, hardscape, irrigation, landscaping, lighting, signage, raising manholes (if necessary), water valve and other lids and boxes, painting of pavement legends and striping, signs, raised pavement markers, bollards, project signs and any other items of improvement. The estimated quantities shall be arranged in chronological order of construction and shall contain all the information needed to prepare the Designer's Estimate of Costs. 2. The Designer's finat construction cost estimate shall be based upon, and in agreement with, the final estimate of quantities. Computations showing estimated quantities and costs for each item of work, as well as the sum totals, shall be submitted to the Agency for review. Submission of computations does not relieve the Designer's responsibility of submitting an accurate estimate of quantities as shown on the plans. H. COPIES OF THE DESIGN DRAWINGS AND CONTRACT DOCUMENTS The Designer will provide plans in AutoCAD at no cost for Contractors to access. The Agency will have the design drawings and contract specifications reproduced for bidding purposes. I. QUESTIONS DURING BIDDING AND PRE-CONSTRUCTION MEETING The Designer will be the main contact for bidders. The Designer shall answer questions regarding the technical provisions, the design drawings, or conflicts in the design during the bidding process, pre-construction meeting, and during construction including review of submittals, if any. Requests for Information will be responded to within three (3) days of receipt with copies to the Agency of all correspondence. The Designer shall assist the Agency in preparation of addenda regarding omissions or conflicts in the design. The above will be at no additional charge to the Agency and included within the scope of services. The designer will provide construction administration services, including but not limited to, review and approve submittals, respond to requests for information, issue field clarifications, attend meetings, and any other required professional services to coordinate the implementation of the intended design. VI. PROPOSAL The Designer's Proposal shall be no more than twenty-five (25) pages, excluding a cover letter of up to two (2) pages, dividers, and certificates. Four (4) copies of the Proposal are to G Uda\Beth Longman�Prqects�Ei Paseo Re�ta��zat�on\RFP Prof pes�gn Svcs 4-3-08 doc be submitted as part of this RFP. Proposals failing to provide sufficient information and assurances of performance to accurately assess each category of the required services and failing to comply with requirements and conditions of the RFP will not be given further consideration. The Designer's Proposal shall include the following: A. A statement that this RFP and the Designer's Proposal will jointly become part of any future Agreement for Professional 5ervices for this project. B. A statement of qualifications applicable to this project including the names, qualifications, and proposed duties of the Designer's staff including a listing of those individuals and their duties that will be assigned to this project; a listing of recent projects with similar characteristics completed within the past three (3) years including the names, titles, addresses, and telephone numbers of the appropriate persons whom the Agency could contact. An organizational chart is to be included. If one (1) or more of the Designer's staff should become unavailable, the Designer may substitute other staff of at least equal competence only after prior written approval by the Agency. C. If the Designer will be collaborating with outside professional consultants to form a Design Team, a statement as to the professional services that will be provided by other firms in creating the plans. The statement is to include the identity and address of those firms that have been selected for inclusion in a Design Team or specify if no firm has yet been selected. For those consultants that have been identified, attach from them a cover letter and an applicable statement of qualifications as is required of the Designer. This requirement will not be included within the page limitation for the Designer's Proposal. D. A detailed schedule identifying all pertinent tasks, the time required to complete each task, and the tentative completion date of each task. E. A statement that all services provided by the Designer for this project scope including that of outside consultants or professional firms, are included in the "Lump Sum Fee." A copy of the Designer's hourly rate schedule and a statement that said hourly rate schedule is part of the Designer's Proposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP. All extra work will require prior approval from the Agency. F. An itemized cost breakdown for the work described herein stating the total "Lump Sum Fee" must be submitted in a separate sealed envelope as part of this Proposal submittal and provision for conservatively estimated reimbursable expenses is to be included within this total fee. VII. COMPENSATION This work is to be performed for a"Lump Sum Fee." The Designer shall invoice the Agency monthly on a percentage completed basis. VIII. SELECTION PROCESS The proposal submitted by the Designer is required to include all items contained in the RFP with respect to the services to be provided for the project, scope of work described and information to be included in the proposal. The proposal shall not have any exclusions, conditions, or provisions. If the proposal does not comply with these conditions, the Agency may deem the proposal as non-responsive. G vda�Beth Longman�PrqectslEi Paseo Re�tai�zaLm\RFP Pro( Design Svcs 43-08 Coc Upon review of the proposals, the Agency may interview those candidates selected as the most qualified at the sole discretion of the Agency. The final ranking of the Designers will be based on the following criteria: A. Ability of the Designer to perform the specific tasks outlined in the RFP. B. Availability of the Designer to undertake the project in a timely manner. C. Demonstrated record of success by the Designer on work previously performed for the City and/or Agency. D. Qualifications of the key individuals who will work on the project. E. Amount and nature of the time that the key personnel will be involved in their respective portions of the project. F. Proximity of Designer's office to the project location. G. Amount of Lump Sum Fee. IX. RIGHT TO REJECT ALL PROPOSALS The Agency reserves the right to reject any or all submitted proposals and no representation is made that any contract will be awarded pursuant to this RFP. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of the proposal prior to the award of a written contract will be borne by the respondent. The Agency will provide only the staff assistance and documentation specifically referred to herein, and will not be responsible for any other cost or obligation that may be incurred by the respondent. All proposals submitted to the Agency shall become the property of the Agency and City. G 4da\Beth Longman\Pro�ects�El Paseo Revitalizahpn\RFP Prol Design Svcs 4-3�8 tloc 1 � EXHIBIT B FORMA DESIGN, INC., PROPOSAL G\rda\Beth Longman�Pro�ects\EI Paseo Revitalization�Forma Prdfbvc Agmt 7-08 doc EXHIBIT C LUMP SUM FEE SCHEDULE G:\rda\Beth LongmamProjects\EI Paseo Revital�zation\Forma Pr��vc Agmt 7-08.doc �_ � � � i��I��1�L ��: Pr�fi��s�i�n�� r��ri�� «�fii�� Y __��.} r+�y�-r F�i�� - i f'� i ��~ ��5 i�� _� ��.= -��:} . ��, �`'�. `r�4 � ;,�,, �i',�` � ` ~' �s� - � _--= ��- :�� . �� ;.- ,� � , 3 � '; _ , '� -* �;� +' ��`. 'f .'e�-r Y� �� I'� �.]� l :� � { �, � • �� -,7- — L1w� l�ifS��l�'. � ' ��h�+. �. ".' 1�-� �� ..r. 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( ' � Fr. , �`�- _ jir �� ,�'�','�. d.. �,�, _ - ... . .. .-.. ..t.'.�, .� - .�a,�� ;av 7:�. �c�a� f ��4�3�lYi�,r� [i��SlC��B� [pclli�tisCZ�['_�ifGi�!'t�L'��Ye� �v�i`(ii��'f'il�ii''6`d �i�1�1��313"i�d��Jt"�?"��ll`��;il�i�� May 12, 24Q8 Mr. Bryce White CITY OF PALM DESERT Palm D�sert R�development Agency 73-510 Fred W�ring �rive Pa(m Deserk, CA 92260 RE: Prafessional Services for Ef Paseo Revitalization (FORMA Job # 1818.001 } Dear Mr. White: ��A� � � f�� '� , _ P p �, vt �1� �' .i �I,--�...b'�:� `��_� ��J . i �05G �ul�m�r� ;�irc:eE .. �:�Etary PJi,sn, �'1!, vi�B26 ;7�Jl�.4 F i-.!� sl�L< ��`;;' 71��.�;7,;.6'_99 inioC�''iarm�tcoi�tp�r�ies.c�rr� www.iorr�iaco��Wani�s.co�� -'-`''�€.=r��.:�� 1.�� Jl�� J �, �� ' �*5f . ..... . . _ . . 4 : i� 4 �'� �� .��-�.. �� r. F The FORMA Team is pleased to sudmit this pr�pasal to the Palm ��sert Redevelopment Agency for Professional Services for EI Paseo Rev�talization. FORMA is a highiy regarded, recognized la�d planning and landscape architectural firm with more than 25 years of urban design streetscape, park, recreation, resort, and open space d�sign experience. Our praposal recognixes the City's need ta acquire a team of prvfessionals that will �rovide innavative and creative design services far this project. Our team will provide #he City of Palm Desert with the experience and capabilities needed to successfully design and implement a dynamic, enjoyabie and inviting outdaor experience. BALANCED TEAM A team of professianals with diverse ca�abilities is required to successfu�ly accomplish �rajects such as #his one. T�te FORMA Team is qualified ta provide a stream-lined team of designers, landscape architects, ligh#ing designers and signag� d�signers r�ecessary to enhance the EI Paseo Corridor image as the premier destinatior�. Our team includes �rofessianals with superior design and technical ski!!s t�at enables us to produce an iconic, artistic, functiona� a�rd ever� a sustainable "green" design, if so desired. Carol S. MacFarlane will serve as the Principal-in-Charge and Senio� Landscape Site Designer on the project and she will also be intimatefy involved in the �resentation pracess, Michael Savage will serve as the Assaciate 1 Landscape Architect averseeing all tec�nical aspects of the project and Kirk Tani wi�! serve as the S�nior Pro�ect Manager responsible for the day to day aperations. �uscoe �ngineering wil� be the Civil Engineering firm representing the FORMA Team and will be led by S#even Ellis, Principal and Regianal President af the [nland Empire Division and Armando Garcia- Baldizzone, Senior Engineer. John Levy Lighting Praductions, Inc. will be t�e Lighting Designers and wEl! T`PRGN05A1�F76iCAPE �RCMTEC�UR�iTY {�F FALIA GE�RICIFV UF 1'ALM �k�F.F:1EL PASEO RFVITRLf24T10M81d.W i_PALhA �ESEi�i�CO��ER L'cTTER �+JC paAe Z � b� led by John Levy, Presider�t and Saqib Shaikh Vice-Presitlent. Fusian Sign an� Des+gn will be the Sigr�age Designers representing the FORMA Team and wil� be !ed by Lo�en Har►son, Owner! Prir�cipai an� Dave Haffter, Ownerl Principal. The qualifications of our ent[re team are outlir�ed in furt�er detai� in this proposal. PUBLICIPRIVAT� SECTOR KNOWLEDGE The FORMA Team is actively involved with both public and private sector clients. We take pride in successfully completing projects involving City Staf€, lan�owners, citizen groups, merchant associations and City d�cision-makers. Our sensitiv�ty and knowEedge related to khis involvement ensures a final product that is a dynamic, user-orie�ted desiination, A project af any magnitude begins with a vision, an idea enhanced by vivid imagination, and FORMA aspires to begin this creative process with #he City of Palm Dese�t. From extensive research ta planning, including the establishment of goals and objectives, site analysis and preparation o# u�ban tlesign concepts, we emphasize the communication of "vision" and the desire for the best �ossible results, harmanious with management and environment. Our approac� to any pedestrian orientetl plan is based on related experience and expertise with PubEic spaces and Community Involvement Projects. Besides the scope outlined within the City of Palm Deserts RFP, the following are additional key features of FORMA's approach. Naving successfu�iy demonstrated to all of our clients to be exceptionally gifted in coordination and responsiveness, we wil! be in constant review and coar�ination with the City Project Manager by meeting constantly and cammunicatir�g in persan, by telephone conversation, by facsimile or by e-maiL We envision that once the project is ur�derway FORMA and the City Project Manager or other city repr�senta#ive will likely coordinate and communicate on a daily basis, or as otherwise determin�d necessary by FORMA and the City Project Manager. Seing a"part-time" resident in the city of La Quinta and being a loyal and frequent visitor and shopper alang Ei Paseo, always prompked by my da�aghter of 13, I am personally veste� in the st�ccess of this project. FORMA's satellite of#ice is housed wi#h Fuscoe Engineering's Paim Springs facility and our corparate o#fce is located in Costa Mesa. VUe �aok forward ko meeting with you personally to explain our approach and answer any �uestior�s. Please cantact me if you have any questions or require additional informakion prior to an interview. Thank you for considering the FORMA Team. Sincerely, FORMA �F��}.��~ ��y�f�r..{��.� ��.� � r:.�_ �•� -- f Caro! MacFariar�e, ASLA Senior Vice President Director of Landscape Architecture � T:IPROPOSRL9LPlJ�SCAPE_ARCHITECTURCIFY OF PALM OESERTCIN OF PALM �ESERIEL PASEO REVITALfZATI0NIB18.001 AALM pESERFCpVER LETTER.�OC Page 2 Proposa! for Professional Services fior EI Paseo Revital�zation CITY OF PALM DESERT Tab1e of Con�ents A. Statement of RFP and Designers Propvsal ............................... Co�er Letter B. Statement of Qualifications��a�as��YY��ff��Y��YYYN�Y��• Page 4-12 C. Design Collaboration Informa#ion �r�r�*...�...��u��u.u.�. Sub-Consultants D. Schedule ......................................................:..........................................13 � 16 E. Statement of Scope and Feel Hourly Ra#e Schedules ...............................17 F. Itemized Cost Breakdown (Submitted in attached en�elope) � T:IPROP05l4LS1ANDSCAPE�41iCHITECTURflCITYpP P1VLM DE5EYi74CITY OF PALp10F5EfST�CL PA5E0 F1E41TA112l5TlDMIB18.001 PALM pESERT�004Eq LETfER.00C P&a8 3 Statement of Qualifications City of Palm Desert Palm Desert Redevelopment Agency Professional Servic�s for Ei Paseo Revitalizatian T:tiprapasalsllandscape_archifecturelCity of Palm �eserilCiiy of Palm Deserl-EI Pasea Revitalization�ivider CAR4L S. MACFARLANE, PR�NCiPAL � DIRECTOR OF LANDSCAPE DESIGN _ _ PROFESSIONAL EXPERIENCE Ms. MacFar�ane has more than twenty-five years af prafessional experience in al! aspects of landscape arc�itecture including extensiv� experience ir� uni�ue high-end urban design ar�d streetscape design. She has been an influential director on a di�erse array af award-winning prajects throughout the West. As a Principa! and Direc#or of Landscape Design within FORMA's diverse cadre of community, resort and urban design services, she is a manager with unique talent and slcills supported by the latest camputer techrtologies. Ms. MacFarlane's leadership has refined FORMA's capabilities where responsibilities begin with t�e conceptual �esigr� process, cost estimating, construction documentation, and continue through #o final implementation and construction management. Her experience, quafity staff, and technical expertise ensure that FORMA's solutions are creative, sta#e-of-the-art, feasi�le and techr�ically sound. Caro1 has gained particular reputation industry wi�e for her delivery of creative design capabilities as well as ner efficient, wel!-tested, and clear constr�ction doc�ments. The detail, �alue engEneering and protection for the client within the specifications are noted to be the best in the ir�dustry. In her career, Ms. MacFarlane has successfully directed, designed, and managed a variety of urban pro�ects, including: Entertainment City — An inr�o�ative mixed-use destination resort and regional Valencia, CA commercial center the likes of City Walk at Un��ersaf Studies in Hollywood, Califarnia, T�is 1,000-acre complex wi{I consist of entertainment, retail, resort, urban residential, and recreational core, that will surround the existing Theme Park. Fremont Street Experience Las Vegas, NV -- Experience located in downtown Las Vegas, Nevada is an outdoor pedestrian mail and attraction. My original invol�ement was in the Conceptual Design Phase. Occupy�ng the w�sternmost 5 blocks af Fremont Street circular planter pockets with palms an� detailed pa�ing with custom street furniture were designed within this pedestrian mall� MGM Grand Lior� — A fuEl design of the corner marquee, urban streetscape Entry & Entertainment focusing on enhanced pa�ing, custom designed street Gateway furniture back dropped by lush la�dscape and punctuated by Las Vegas, NV 80 #oot tail Washingtonia rabusta. ,,� Laguna Hills Urban Village Laguna Hills, CA — A full concept design to constructior� document package to init�ate the Urban Village theme for the Ci#y of Laguna Hills by introduction of custom designed monuments, custom designed lighting elements, enhanced paving, custom design bus shelters and thematic street furniture accented �y clean line landscape foundation punctuat�d by Canary Date Palms and "Medjool" Date Palms. Page 6 CAROL S. MACFARLANE, PRINCIPAL F DIRECTOR OF LANDSCAPE DESIGN Laguna Hills Ci�ic — A building and site renovation project designed to provide a Center California historic themed environment that will ser�e as the Laguna Hikls, CA new Civic Center for the City. Oak Creek Village — Amidst an entire community consisting of 18 residential Center neighborhaods, multiple public and priva#e parks, aiE planned Irvine, CA and desig�ed by FORMA, sits this crown jewel of a retail center designed to represent the urban essence of what is the residential development of Oakcree�C Village Bur�ank Village Walk Bur��n#c, CA Garden Stree# Plaza Visalia, CA — Lacated in dowr�town Burbank, this re-de��elo�oment area consists of a de�elopment that sits atap fi,000 Square Feet of newly renova#ed retail and 8,004 square feet of upscaie restaurant alor�g Angelina Avenue, FORMA's renovation design pro�ided the basis for which #he City of Burbank's main street is naw measured. — FORMA designers assisted Visalia's citizens in creat�ng a �ision far the pedestrian plaza ad�acent ta the histaric downtown's Main Street. PROFESSIONAL HISTORY ■ FQRMA - Costa Mesa, CA - Princ+pal 1 Senior Vice President ■ Lifescapes, Inc. — N�wport Beach, Ca — Principal EDUCTION ■ Bachelor of Science, Landscape Architecture, California Polyt�chnic Uni�ersity, Pomona, CA � Bachelor o# Ar�s, Desigr�IFine Arts, UCLA ■ Pasadena Art Center / Scholarship Classes PRQFESSIONAL AFFILIATIONS a AS�.A — American Society of Landscape Arch�tec#s ■ BlA — Building Indus#ry Assacia#ion Orange County and f��verside � Page 5 MiCHAEL SAVAGE DIREC70R 1 LANDSCAPE ARCHITECT � � � PRQFESSIONAL EXPERIENCE Micha�l Savage has over thirteen years of experience in pro�ect management a�d design in a di�erse collection of project types ir�cluding Residential, Commercial, Urban Mas#er Planned communities, Streetscapes, Habitat Mitigation, Parks, Schools, Sports �ac�lities and County R�gior�al Trai� Systems. In his role as �irectar, he has been the point person from praject inception through field obser�ation on parks, trail systems and housing projects for such clients as The Irvine Compar�y, Benchmark Real Estate Group (Rancha Santa Margarita Company), K. Ho�nanian Companies, The Olson Company, KB Hames anc� Cox Communications. Mic�ael is experienced and knowledgeable in the unique design challenges of large scale public ar�d pr��ate parks, multiple agency prajects and multi-fiamily resideniial environments. Michael has successfully managed a �ariety of projects, including: Gateway Walk, - 129 unit podium project design in Alhambra, CA collaboration with a feng shui consuEtant anci includes themed courtyards, large turf areas and decora#i�e water features. Quail Hill Ir�ine, CA Portoia Springs, �ncla�e 2 krvin�, CA K. Ho�nanian's Faur Seasons, Beaumor�t, CA - One of two Master Landscape Architects responsible for (2) pool parks, (1) passi�e park, (1) pocket park, 33 acre open space area ar�d caunty t�ail system connectian with trail head, Streetscapes for all major stre�ts and Back bone utility coordination. - Master L.andscape Architect responsible for (4) parks, Streetscapes for all major streets, ICDC/ merchant Builder coordina#ion, Habitat restoration, backbone utility coorcEination, community calor scheme, etc... - Design guideline assistance and cons#ruction document preparatian for the 2000 unit themeci acti�e adult community with highly amenitized park faciHties, streetscape, an extensive trail system, and a 6 acre habitat restoration program. PROFESSIONAL HISTORY ■ FORMA - Costa Mesa, CA - Director / Landscape Architect ■ EPT �esign - San Juan Capistrano, CA - Project Manager r SJA, knc. - Mission Viejo, CA - Project Martager QUALIFICATIONS & EDUCATlQN ■ Bachelor of Science, Landscape Architecture, California State Polytechnic Uni�ersity, Pomona, CA PRO�ESSIONAL AFFIi.IATIONS ■ Registered Landscape Architect #4397 ■ ■ American Society o# Landscape Architects Home Builders Council of the BfA/OC, 5a� housing council of the BIA/OC �� Page 6 KIRK TANI SENIOR PROJECT MANAGER PROFESSIONAk. EXPERIENCE � � K�rk Tani has over ten years o� experier�ce in project management and desig� in a diversity of project iypes including residential, commercial, retail, ins#itutional and recreatian. In fi�is role as Senior Projec# Manage�, he has been t�e point person from projec# incepiion through iield observation on multiple of projects for such clier�ts as The Irv�ne Company, The Ofson Company, Benchmark Real Estate Group, Shea Proper#ies, Corman Leigh Communities, Empire Homes, and WilEiam Lyort Homes. Kirk has successfully designed and managed a �ariety of projects, including: Irvine Technology Center, Irvine, CA Santa Margarita Mark�tplace, Rancho Santa Margarita, CA -- Irvine Technology Center is a commercial properry development for the Irvine Company. Eacn Builcfing had a� outdaor courtyard space for tenants to use which would include passive eating areas. The landscape was designed to saften t�e buiEding architecture by the use of accent rrertical traes and strong landscape farms were us�d to accentuate the building architectur�. — Santa Margarita Marketplace is a retail de�elopment designed for Kahl and Goevia. �ocated in Rancho Santa Margarita the site is anc�ored by Lowes, Staples, Circuit City, Linen "N" Things and includes retail shops for the surrounding neighbarhood. The concrete along #he retail edge was designed for continuity by the use of colored cancrete and concrete patterns. Trio Apartments at Colorado Boule�ard — Trio Apartments Ioca#ed in Pasadena is a multi-use Pasadena, CA de�elopment for Shea Properties. This is a podium project with a retail condition and apartments above garages. Unique concrete colors and materials were used in creating an in�iting outdaor space for the public space of the retail shops. Burbank Village Walk Burbank, CA PROFESSIONAL HlSTQRY Located in downtown Burhank, this re-devela�ment area consists of a development that sits atop 6,04Q Square Feet of newly reno�ated retail and 8,D00 square feet of upscale restaurant along Angelino Avenue, FORMA's reno�aiion design pro�ided the basis for which the City of Burbank's main street is naw ■ FORMA — Costa M�sa, CA — Senior Prajec# Manager ■ EPT Design — San Juan Capistrano, CA — Project Manager ■ McKeown, fnc. — Phoenix, AZ — C7ir�ctor QUALIF�CATIONS & EDUCATION ■ Bachelor of Science, Landscape Archi#ecture, California State Palykechnic University, San Luis O�ispo, CA 3 Page 7 Statement of Qualifications Landscape Architecturai Services � - � FORMA Qualifications ■ Burbank Village WaI�C - Burbank, California Client: The Olson Company 3020 Old Ranch Parkway, # 440 Seal Beach, CA 90740 562159fi-4770 Contact: Roland Fournrer Cantact: Joe! Seaiorr, V.P. of Design & Construciion at The Kor Group 323/330-2334 (Formerly with The Olson Company) Pro�ect Description: Burbank Village Walk is located within a redeve�opment area of downtown Burbank on a black bounded by Olive Avenue, Third Street, Angelino Avenue, and San Fernando 8oulevard. This project boasts four district architeetural elevations complementing the existing architecture flats and 14,ODQ square feet ofi ground f�oor restaurant and retail space that City of Palm Deser� Client: City of Burbank 275 East Olive Avenue Burbank, CA 91510 818I238-5850 Cantacf: Ruthie Davidson-Guerra, Assrstant Community Dept. Drrector/ Housing and Redevelopment faces Angelino Blvd. � �� — „d�, The interiar caurtyard swimming pool, outdoor fireplace with living room and built-in barbecue amenities can be viewed fram most of the residences, making the central courtyard an integral amenity critical to the overall success of the project. The landscape was designed to � accentuate and intagrate these �our diverse street facades into the 1 bordering neighborhoods. Built an a po�ium str�acture, FORMA designed and detaifed all the perim�ter and interior courtyard landscape a�d high-end hardscape elements that make thEs project so unique to the area. � � ,� � * Recipient of fhe 2006 Gold Nugget Award of Merit Page S - �� _ � . .. y�_ Statement o� Qualifications Landscape Archiiectural Ser�ices ■ l.agur�a Hills Civic Center - L,aguna Hills, California Client: City of Laguna Hills 24035 EI Toro Road . l.aguna Hills, CA 92653 Confact: Ken Rosenfield, City Engrneer 949/707-2&50 Vern Janes, Cammunity Development Director, 949/707-2670 Bruce Channrrrg, Cify Manager 949/707-2690 Don White, Assistant Criy Manager 949/707-2620 Project Description: Before The City Hall and Civic Center for the � — City of Laguna Hifls is bordered by EI �� '�� -� _ . , Toro Road and Paseo de Valencia. This �� .. ._. �.:�» `�� Spanish style building once functionetl � , � '` � � A � � f �� `� � � ri� �1 � �, � . .. .. � . as a bank for the area and has become !f=i {,�. �F� .'� ��_ I� - ��'y�4I� fI�.LL._r�,- - 4.. ,� an area icon ta the surrounding - �- ��— ---- — . � � .. �=�� residents. The buil�ing houses a number '� — * � _�r�, �".�-�-- :,� - �-- •_- � � of small businesses and one restaurant . . ��. and was in need of architectural and — �� lan�scape attent�on. The City found this buiiding a"diamand in the rough" and made the decision to make it their new home. After FORMA, in caoperation witl� Carter+Burgess Architects, has worked closely with the City to develop a new landscape design tha# will enhance the remodeled building. The des�gn includes a parking lot plaza, which links #he City's Urban Village to the front doors. The design includes amenities such as a focal fountain, sitting arbors, tree planters, enhance� paving and tree up-lighting to provide a remarkable nightt�me am�ience. The landscape design has followed the City's U�ban Village Guidelines that outlines the master plan for an outdoor walkable civic design. Ci#y Nall will be the anchor of this Urban Village. F4RMA has alsa developed the monumentatian d�sign for the intersection at EI 7ora for this new Urban Village. City o� Palm Desert FORMA Qualifications Page 9 Sta�ement o� Qualifications Landscape Architectural Services City of Palm Deser� FORMA Qualifications ■ Oak Creek Urban Vil[age and Streetscape - Irvine, California Client: Irvine Communiiy Development Company 55a Newport Center Drive fVewport Beach, CA 9266Q 9491720-2000 Contact: Tom Heggi, V.P. Cammuni�y Developmenf Project Description: F�RMA is the Master Landscape Architect for the Qa�c Creek Community. FORMA initially provided community site planning, public parks, streetscapes, monumentation design, and constructianlmaintenance cost feasibility stud�es. Our continued services include: design and plan check review of the merchant builder's landscape plans, as well as site inspections ar�d consultation. The Oak Creek landscape concept incorparates the cantextual influences of both Alton and Barranca parkways, the i-405 edge, and local park connections. A unifying landscape treatme�t unites th� community whtle providing interest and variety at th� street level. Majestic monumentation provides a distinctive introduction to the community alang Alian Parkway while thematic elements throughaut heighten the sense of community. Client. Cfty of Irvine 1 Civic Center Pkaza P.O. Box 19575 Irvine, CA 92623 9491724-6422 Coniact: Tim Kirkham, Crfy Landscape Archrtecf . � ; � ' ,� d',. �� {'��'� { �l :.x `';,, � f =�i� __ � - - y.� _ �,., ..,,, ` .� � . .�� .,� � � �� fA,y";_"'ry #.� -�� `�� _ � I + ��'` ' .. ' y.�4'"r ' 'f� _ - _.�' - :�44_ �� F� The Oak Cr�ek Vil�age Center, focated at the westerr� entrance into the village of Oak Creek, affords a untque oppor�unity for both architectural and landscape archi#ectural design elements to reinforce community level design features. �ORMA's assignment was to carefully biend the community level landscape concepts with the retail site's "Itafian Country" ti�eming. FORMA design salutions addressed the sites perimeter landscape, project entry, pedestrian walkways, as well as the site's Page 10 Proposal for El Paseo Revitalr'zatron CITY OF HUNTINGTON BEACH 2000 Mai� Street Huntingtan Beach, Ca 92648 Contact: Mr. Chuck Davrs City Landscape Architect 7141375-5139 Contact: Ms. Mary Beth Braeren City Senior Planner 7141536-5550 CITY OF LAGUNA WILLS 24035 EI Toro Rd. Laguna Hills, CA 92653 Contact: Mr.K�n Roserrfreld City Engineer 9491707-2fi�0 FORMA Public Sector Client Gst: Galifornia Energy Commission Gity of Banning City of Brea City af Carsan City of Chino City of Ghino �lills City of Costa Mesa City af Diamond Bar City of Ruarte City of Fontana City of Huntington Beach Gity of Irvine City of Laguna Hills CiEy of Lake For�st Ciry af Morena Valley CiTy of Murrieta City of Newpart Beach City of Norca City ai Oceanside City of Ontario City of Palm Deserf Lrst of Currenf Public Agency Reterences CITY OF BURBANK 275 East 41fve Avenue Burbank, CA 9151d Contact: Ms. Ruthie Davidson-Guerra Assistant Community Dept. Directar! Housing Redevelapment $18123$-5850 ClTY OF 1RVlNE Qne Civic Cer�ter Plaza P.O. Box 19575 Irvine, California 92623 Cantact: Mr. Trm Kirkham City Landscape Architect 9491724-6422 City of Pasadena City of Rancha Cucamonga City of San Dimas City of San Juan Capistrano Ci#y of San Marcos City of 1'orrance City of Tustin City of Temecula City of Upfand Ciiy af Visalia County of Orange County of Santa Sarbara County of Santa Clara Laguna Beach Ur�ified School District Orange County Fire Dept. Pacific Gas & �lectric Company PGE State Energy Commission :� Page 1 S H � 4 V � � o Q N � *c�C ,,�a, o' C3 � co 1'� � a"i �o a � O � O � ,N w � � O�� o O y Q Q ari� � �� ; � .� a� A ' � I � I U ' � � � a �"" � � � O � � � V � C� C� o •� � .. wA� � � � � �U w�w � �� I C'� �I •� � .� � a � I � � � � � � � � �� v N OO O '��., � � � • O �_, a� � � i �A bA �� 4� � I�I C� . '�`t �~ �" � .T"i a,o "� o .�0 ,� w� C�,� � � o a o '� A � O � w w h � � � U G� � � � � A � � � � � � � � � � ��;� . 0� � .- �. - A �.� �� II �;. � �F� Si� � ';�: -�; r �,;� i+F. w� �si �. , �.t �,. � `;�: �: .�% :,, G�1 �,�i ;�... �' '�i �y, .. �:�. ;�:,,, ��} '�;�;� 'uJ G� r�;� � �F.1. �S �l3 ,t: �� ,�� 't%1 �s�S E� S',i .s� '�3 �� ;i , i� I I I � v � L7esign �ollaboration Information City of Palm Desert Palm Desert Redevelopment Agency Professionai Services for �i Paseo Revitaiization T:Iproposalsllarsdscape_architecturelCiiy of Palm �eaer[IGity of Palm Deseri-EI Paseo Revitalizafion�ivider Ci�il Engineer City of Palm Desert Paim Deser# Redevelopment Agency Professional Services for EI Paseo Revitaliaation T:Iproposalsllandscape_architecturelCity of Palm DesertlCity of Paim Desert-EI Paseo RevltaNrationDivider i i- .i � : �. � �1 5� May 6, 20D8 Palm Desert Redevelopment Agency Attn: Bryce White 73-510 �'red Waring Drive Palm Desert, CA 92260 RE: RFP — Reqmest �or Proposal for Civil Engineer Design Services Dear Mr. White: Fuscoe Engineering Inc. would like to thank you for the opportunity to submit this Request for Proposal ta provide Civil Engineering Services for the El Paseo Revitalization Project. As you proceed with the very important task of selecting a team to provide civil engineering services for the El Paseo Revitalization Project you will be iaced with the challenge af determining which qualifications and skilis are best suited to your needs. Among the highly qualified firms you will be considering, you will need to determine which civil engineering iirm has the specific expertise and experience to assis� you in achieving your goals. The unique qualifications of our team are �ery clear: Civil Engineeriing is our Care Business Fuscoe Engineering Inc. provides a variety of engineering services to our clients, but our civil services are the mainstay of our business. O�er the past iifteen years we have developed the processes, procedures, and systems that ailow us to provide wnat we terrr� Full Circle Thinking to our clients. A High Pro�le Local Presence With a Palm Springs affice since 2005, Fuscoe has continued to expand our presence into the Coachella Valley. Since early 2000, Fuscoe Engineering �t�c. has had a local full service office in the Inland Empire. Our first ofiice was located in Rancho California and we recently �noved to expanded quaxters in Ontario to accom.modate our continuing growth. Our expa3nsion into the Coacheila Valley region has facilitated highly interactive at�d successful relationships with the cities a�nd agencies representing the area. Our staff has direct contacts at all levels to ensure aur clients will be g�aranteed the most streamlined process avaiiable resulting in valuable time and cost savings. We are Collaborative We at Fuscoe like to Lead from our strengths. In order to ensure the highest quality of professianal service we often form collaborative relatianship with other fi:nms that have special expertise in certain practice areas. Our commitment to collaboration and forming strategic alliances ailows us io ens�ere � that our clients are ensured of I�ighest level of expertise in aIl cantent areas. . lr 1 i i, c � We are Con�dant Fuscoe Engineering Inc. is a professional service company comt�i.tted to ens�ring the success of our cli�nt's prajects. We are confidant that o�r team af seasaned professionals will be able to exceed your expectations if provided with the opportunity to do so. With Fuscoe Engineering Inc. yo�t get a team that is equally skilled in managing the human issues that permeate all projects as well as the tech�ical aspects of site plans, preliminary studies, exhibits, water quality reviews and reports, and grading and utility p�ans to nart�e a few. Mr. White, we are excited about the team we ha.ve assambled for youc pro�ects. This group of experienced professiona�s is prepared to provide our Full Circle Thinking approach to the challenges confronting your organizatian. We know these projecrs are important to the overal� rnission of the Palrn Desert Redevelopment Agency to provide a stimulus and incentive to ensure the continued success and legacy of this histaric district. Thank you far the posszbility of joining forces with your team to iuliill the promise, maintain the trust, and achieve the vision of the leadership of your organization. Our team has the expertise, experience, and desire to help make your projects successfui. We look forward to working with you and your staff. Sincerely, Steve Ellis Project Manager � � ia 4 i iv 4 { �;i Why Fuscoe for the E! Paseo Re�italization Project? Perhaps foecause Fuscoe Engineering is a repu#able, high-level civil engineerir�g firm that has pertinen#, demonstrafied experience. Another reason could be that Fuscoe Engineering is a firm that is dedicated to praviding Heroic Service to our customers by empkoying individuals who are committed to quality, service, and innovation. These are just a few examples of why Fuscoe Engineering cauld possibly be the ci�il engineer of choice for the Ei Paseo Revitalization project. However, in answering the aforementioned question; it is most important to start with our firr�'s design }ahilosaphy. Fuscoe Engineering Philosophy Fuscoe Engineering beiie�es that philosophy dri�es practice. Th�s intersection is the critical nexus where theory and ac#ion unite and is where true transformation takes place. It is therefore important to understand the Fuscae story that under girds and d�ives all that we do as civil engineers. Full Circle Thinkinq All thrngs on earth are connected, each a part of the web of life. What we do, as human beings and designers, affects each strand in the web. ihis is a fundamenta! truth ihat guides who we are, and the work we must do. lt connects us to fhe rmportance of the role we play in creating the delicate balance between 6uilf and natura! environments. More imparCanfly, fhis truth serves to elevafe aur thinking from fhe confines of tradrtrona! approaches, fo fhe total circumference of passibilifies. Connecting the dofs. Driving innovafron. Widening the arc of creafivity. For we know that the way we think, the way we do business, the way we treat others, and fhe way we interact wi#h water, land, and sky wiI! eventua!!y come ful! circle." Fuscoe Engineering's comm�tment to the principles in our Full Circle Thinking story pro�ides us with a dis#inct approach to our clients and their pro�ect needs. Our ability to provide efifective engineering solutions through in�ovative approaches and salutions forms the basis of our philosophy. Our sensitivity to the design af both built and natural environments has creat�d an integrated design approach that results in creative and thoughtful salutions. lt is our desire and ho�e that after re�iewing aur design phi6osophy that the answer to `Mlhy Fuscoe?" becomes self evider�t. � i f� w i ' F. i �� ii Fuscoe Ci�il Engineering Experience Fuscoe Engineering Inc. has enjoyed a long-term commitment to providing engineering services and solutions to a broad constituer�cy of clients. �n an effor� to ensure the success of each project, Fuscoe Engineering empioys our distinct brand af Full Circle Thinking resulting ir� #resh alternati�es to the #raditional methods often employed by our competitors. Fuscae believes in leading the way by pro�iding a kee� sensitivity to the balance that exists between the built and naturai environments. Fuscae also adheres to the belief that the success of eac� projeet lies in understanding the relational as we11 as the technical aspect of each project. The fallowing list highlights just a portion of related projects that �uscae has provided engineering s�rvices #or. All of these pro�ects ha�e, or had, significant street improvem�nts and revitalization aspects similar to the EI Paseo project uncfer consideration. 'roj ect Client Contact City Contact Person Number Stat�s 235 on Market 3alboa Mesa Project t3aldwin Park Downtown Specific Plan ;,ity o# indio NPDS :.astco Coachella Va11ey Gr�en Stre�ts Administrati�e �uidelines Imperial Marketplace �mperial Va11ey Gammons Jliracle Mile Mixed Use �Vlonrae Statian 3pa R�sort Casino The Camp The Experience at Gene Autry Nay Ronal� Reagan �Idg & Federal Court House lntracorp Stepstone Real Estate Bisno De�efoprnen# Co. L�.0 City of Indio Costco W holesale City of Irvine Felman LaBarre CBL & Associates Leqacy Partners Urban Housing Graup Wimberly, Allisor�, Tong & Goo Shaheen & Linda Sadeghi New Urban West Inc United States Government -G5A San Dieqo San Diego Baldwin Park Indio Palm Desert Ir�ine 5an Diego EI Centro Los Anqeles Monro�ia Palm Sprinqs Costa Mesa Anaheim Santa Ana Craig Carlson Bob Bisno Jim Smith Tina Ghristiansen Kent Wittler Jim Broaks Tom Zanic 619.231.9606 Completed in x.313 2007 31 a.277.3�70 760.342.fi530 949.724.7451 423.490.8385 310.658.5750 949.5i4.$500 3i 0.394.3379 Ongoing Ongoing Comple#e Comple#ed in 2006 Entitlement Phase �a112008 2010 Winter 2008 Cornplete Compiete Ongoing Complete � .. F� l, I :' 1. . - Project Team Information Fuscoe Engineering is excited to announce that the team proposed to manage your project will provide high quality and cost ef#ective engineering solutions that are flexible and scalable to address schedule and workload requirements. This team will be led by Steve Ellis, P.E., Pri�cipal and Regional President along with Armando Garcia-Baldizzone, P.E. and Senior Praject Manager of our Pa�m Springs affice and Rob Carr�pbell and Sung Chang, Senior Engineers also located in aur Palrn Springs offiice. Steve �Ilis, P.E., Regional President of Fuscoe E�gineering's Inland Empire Region, is a leader with cansiderable experience with public agency environments. Steve has completed multiple projects during the past decade, mast of them in the Inland Empire. With f�is considerable experience, his local and state agency connectians, ar�d his understanding of the rales and relationships afi each diseipline involved, Steve is able to help Fuscoe clients be successfuf in praviding on-time projects, on budget by compressing crikical path �imelines and his attention to detail and due diligenc� up #ront. His projects ha�e ranged from new canstr�ction and IargeTscale modernization/re�italization to public agency, mixed-use, infifl, to hotel and resorts, As Princi�al in Charge, S#eve wiil be responsible for due diligence, estimating, budgeting, and ali contract related issues. His uncanny ability to de�elop hig�ly effective professianal rappart and relationships with a!I team members is conduci�e to time-saving communications and economical for the owner of the project. Located in our Pakm Springs office, our S�nior Project Manager, Armando, wikl be respansibie for agency coordination, particularly with off-site improvements. His ir��olvement will also include o�ersi�ht af his internal staff to ensure the timeliness of all mileston�s and critical path items. And all staffing and scheduling re{ated respansibilities. As 5enior Engin��rs in our Palm Springs office, Rob and Sung wili be respor�sible for design concepts and production of the construetion drawings. They will both share the responsibilit�es of ensuring that the utilities are fully coordinated and cammunicated with the various consultants dependent upon this critical infiormation. Ste�e, Armando, Rob and Sung have worked together as a team on numerous pro�ects #or years and ha�e considerable experience in executir�g civil engineering services for projects of �. similar scope and scale. Afong with the team, we wikl also b.e ut�lizing the suppart staff and studios af our Inland Empire Office providing CA� and ancillary engineering services as needed. The proposed pro�ect team can also draw upon additional s�ppork staff fram our k ,. �� a �. z e corparate office iocated in Irvine if ever deemed necessary, pruden#, and in the best interest of our client. Attached to the end of this seciian yau wifl find a representati�e example of our 2008 Fee Schedule. Project Team Professiona! Approach We understand the challenges associated with projects and the inherent coordinaiion issues. Certainly the technical issues surrounding a project ar� significan#. But in�vitably a praject's success becomes predominately a function of #he skill with which human and organizational interaction is effecti�ely rnanaged. The fiirst priority is to establish a trusting, callaborati�e relationship between our peaple and yaurs. The next priority is to develop a similar relationship between our team and the other organizations {planners, architects, er�gineers, special�y consultants, contractors) that will affect your project. This is foundatianal to the success of your project. After much ihought given ta the issue af clienticonsultant team relations we believe that #i�e following three issues must be addressed: • Managing interpersonal rela#ionships is as important as managing the #echnical aspects of design and constructian • A clear view of the process far everyone invol�ed pravides the best pathway to project deli�ery • Be callaborative ir� communications and accurate in details The essence of the Fuscoe Engineering approach to working with other professianal team members is #o prv�ide bath technical expertise alang with a highly coAaborati�e and responsive relational approach ta ensure our clients success. �� ighting Consultant City of Palm Desert Palm Desert Redevelopment Agency Professional Services for EI Paseo Revitalization T:lproposalsllandscape_architecturelCily of Palm QesarNCity vf Palm DeaerY-EI Pasao RevitalizationDivider '�y �� ..ir % JQHN LE�Y LIGHTf1�G P�ODUCEf�N� iN��. Companv Profile John Le�y Lighting Productions, Inc. (JLLP, Inc.) based in Los Angeles, was established fifteen y�ars ago to pro�icfe lighting design services for the recreational and gam9ng industries. During this time they ha�e designed inno�ati�e and effective ligh#ing �or many multi-miflion dallar projects throughout the warid. John Le�y's thirty years in the lighting design field brings a solid reputation for suceessfu�, creative projects with recognition thraugh numerous awards and pu�lications. A full #ime fn-house staff of four {4) designers is suppiemented by architecturai modal makers, video animators, illustrators, programmers ancE musicl�ideo composers thus ensuring that complex concepts are presented fully cor�cei�ed, with design solutions that are harmonious with the architecture and tfi�e awner's wishes. At John Levy Lighting Productions, #he staff works in an open en�ironment to facilitate the exchange af creative ideas and problem solving. Project management for aEf projects includes the areas of ereati�e concep�s, design development, construction drawings, and on-si#e project supervision. From the beginning phases through completian, the JLLP, Inc. staf# collaborates as a team bringing tagether muftiple disciplines including architectural, engineering and design to interFace with each project. The company's Los Angeles facilities include the latest equipment for the production of all working CADD based drawings, formatted to the project requirements wi#h all specifications ta industry based standards. Jahn l.evy Lighting Production's portfolio of successful lighting design prajects underscore their d�dicatian ta pro�iding the best design possible #agether with senrice fio our clients as our primary goal. Recent examples of the company's most notable prajects include: the Aladdin Resort Hotel and Casino, Las Vegas; Bally's Hotel Frant �ntry, Las Vegas; Cache Creek Resort Hat�l Casino, California Cluh Regent Casino, Winnipeg, Canada; Harrah's Masquerade, New Orleans; The Isle of Capri Casinos, Co�entry-UK & the IOC-Pompano Park, Pompano Beach, Florida; Treasure Island Ffotel and Casino, Las Vegas; The Stratosphere, Las Vegas; MCA Universal Citywafk, Las Angeles; The Farum 3hops at Caesar's Palace, Las Vegas; Spa Tower Pool Area at Caesar's Palace, Las Vegas; Texas Wild Zoo, Forth Worth, i'exas; Texas Station Casino, Red Rock Cosmic Bowling Center, Las Vegas; Green Valley Ranch, Las Vegas; Orchard Road Masterplan, Singapore; Pala Resort Hotel & Casina, California; Parkview Square, Singapare; and Hanmoo Canv�ntion hlotel and Feature Wall, Seoul, Korea. Office The World Trade Center Building 350 S. Figueroa Street, Suite 127 Los Angeles, CA 90071 U5A TeE: 21 3 629 9949 � Fax: 293 629 9969 E-mail: ;�trt��;�;.j�i.l�s_�.�}r Websi#e: ��t��v_iii,,�,.��?. �#�� ✓ / JOHi�! LEVI' �IGHI't�G �RODl.7CTIGNS 1r.IC. John Levy John Le�y is the founder of John Levy Lighting Productions and one of the creakive professionals credited with bringing lighting design into mainstream consciousness in the architectural community. John`s roots in the theatricality of lighting design were planted early. As a young boy in England, John lent a hand at the Theatre Royal Stratford and gained entree into the worlds of lighting, acting, �rociucing, acting and design. Later, he met a noted Engiish architect wha ga�e him the opportunity to de�elop a IigMting sche�ne for what was then the largest building in Europe. The architect was impressed with John's work, and John wa5 immediately struck by #he permanence and impact of architectural lighting. He went on to work in the field of 4ighting design for more than 20 years, amassing an impressive portfolio, before he decided to launch John Levy Lighting Productions, Inc. in 199'E to bring theatricai iighting cancepts to the architectural designs of garning resorts, retail centers, res#aurants, theme parks, urban developrnent projects and arena productions throughout the world. John's frst clients as an independent b�siness owner, Uni�ersal 5tudios and Caesar's Palace, are still clients today. As the leader of his company, Jahn provides overaEl artistic and aesthe#ic direction for aEl projects. He reviews concepts with individual designers, maintains relationships with clients, oversees projects in the field, and manages the day-to-day r�quirements of running a business. By far, the most enjoyable part of John's work is the apportunity to continuously interact wikh creative individuals in all fields within the industry. Whether these people are his employees, clients or consultants, John relishes collaborating with young, creative professionals with fresh ideas and no preconceived notions af how things should be done. In the past fi#teen years, John has guided his company to critica{ and popular acclaim. John credrts a cornmitment to exploring new tec�nology and a col4aborati�e approach - among employees and clients - with the company's success. John Le�y Lighting Productions is known throughout the architecture world for lighting space in such a way that it becomes an indivisible part af a building's overall design aesthetic. Jqhn takes great personai satisfaction in his work for the front entrance of Baqy's as the project was groundbreaking for L.as Vegas at the time; Today, the concept of a signature iighting and audio piece that functions as a stanc!-alone entertainment event is a standard in that ciky. From Bally's to the 5tratosphere and. from the Luxor to The Forum Shops at Caesar's, John's wark col�ected awards al! over town, and served as a springboard for international corrzmissions in far-flung lacalss, fram the United Kingdom and France to Turkey, China, Singapore and Thailand. Looking koward the future, John sees design being driven by the demands of energy efficiency and anticipates inno�ative solutions to th� new constraints. Howe�er, what will never change is his drive to use iight and t4�e lack of light to add interest and vibrancy to architecture while at the same time harmonizing with the space he has been commissioned to enhance. Professional Bodies: Chairrnan of Boarcf - Los Angeles Athletic Club Member - British Susiness Council Member - International Association of Lighting Designers (IALp) Member -111uminaking �ngineering Society (IES) Member - 7hemed Entertainmenk Association (7EA) �'�� ✓ / .J�H�I � Ev � LIGF��iNG PRO�UCTIONS. l�iC Saqib Shaikh Vice President Senior Lighting Designer University of Kansas, (BSC) Saqib Shaikh has been in the lighting design industry for the past ten years both in the United States and Canada. During this time he has been able to execute fascinating and chall�nging projects such as Bally's Park Place-Themed Casino Expansion, Atlantic City, NJ; Caesars Palace-Pool Area, Las Vegas, NV; Seven Feathers Ho#el & Gaming Resort, Canyonvilfe, OR; Horseshae Casino & Hotel, Tunica, MS; Horseshoe Gaming Center & Hotel, Bossier City, E.A; Casino de Montreal, Montreal, Canada: Eagle Rock Library-remodeled & historic preservation, Los Angeles, CA; and University of Kansas Campus Lighting Layout, Lawrence, KS. In addition ta the above he was responsible designer for Aladdin Resort Casino in Las Vegas, Nevada; Green Valley f2esort Casino in Henderson, Nevada; Pala Casino Expansian in Pala, California; Harrah's New �rleans; Harrah's Prairie Band in Kansas and the Caesar's Fa�ade in Atlantic City. Professional 8odies: besigner Lighting Form (�LF) - Los Angeles Internatianal Association of Lighting Designers ' .. � � . . � ' � . . . . i . .. � �t, ;: . - . -,�,s � �Et�: r�� BiJGIS 57R�ET JUNCTION-1v1A5TERPLAN Singapore E�iCLAVES COMMUNI7Y RESfDENTIAL Arizona CENTRAL AVENtJE—MASTERPLAN Phoenix, Arizona GREEN VALLEY RESORi Henderson. Nevpdp OLD TOWN PASA�ENA—MASTERPLAN Pasadena, California ORCHARD ROAD REVITALIZATION 8� MA.STERPLA�J Singapore QUEENSRIDGE Las Vegas, Nevada SEVEN HILLS MAST�RPLAN Henderson, Nevada �� ^.�� ✓ % JOHN I�VY L1G�-IiING PPODLJCIIGNS 1�IC Selected Awards Lumen Wes# Awards Bally's Plaza —Las Vegas Category: Excellence in Lighting Design Green Valley Resort Casino — Nenderson, Nevada Category: Excellence in Lighting Design The Stratosphere Tower — Las Vegas Category: �xcellence in Lighting Design The Starway --2lniversa! Studios Category: Excellence in Lighting Design The Watergarden, Interior & Exterior — Santa Monica Categary: Excellence in Lighting Design Zani Bar and Grill — Tokya Category: Excellence in Lighfing Design The Forum Shops at Caesar's Palace — Las Vegas Category: Excellence in Lighting Design Hanmoo Feature Wa11— Seoul, Korea Category: Excellence in Lighting Design Illuminating Engineering $aciety's Edwin F. Cuth Award Lowes Hotel - Santa Monica Category: lnternational IHumination Design Forum Shops at Ceasar's Pakace — Las Vegas Category: International Illumination Design Pasadena City hiah — f'asadena Category: Internatianal lilumination Design Hollywood Roose�elt Hotel — Ho!lywood Category: International Illumination Design Uni�ersal Studios Streets of the World -� Universal Ciiy Category: International Illumination €3esign Wilshire Courryard — Los Angeles Category: lnternational lilumination Design Harrah's Poydras Street Hot�l — New Orlsans Category: International Ilkumination Design Internationa! Award of Excellence Exterior Lighting Design — Collected Warks � �ignage Consultant Ci�y of Palm Desert Palm D�s�rt Redevelopment Agency Professional Services for EI Paseo Revitalization T:lproposalsllandscape_architecturelCiiy of PaEm DesertlCity of Palm Desert-Et Paseo RevitallzatlanDivider o�si�r.� ��r-�nn a��sunn� F❑R EL. 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I ��t� i } � I � I � 'r- � � I� Fl�S�� EF��'�E ��RD �F D��E��"�� L��9 ��V� Oa�r��o�l��p�0 �esasrne -S�e At��cd�e� P�� D��E �A�F�E� �s�n��-�'P�oncap�l �4�sc�r�►e -�5�� a�hec� Pag�� OC�� PR6VF�RRTZ ��ao�� i��or �� ❑��ra�ia��s F�est��te lr�c�r�s�r}� ��pe�ier�� 0 ye��s ��a �f�� sd�r� �rra�aar��ue�i��► ind�� s-o� i�a�falia�a�r� o� cca��c��a e�c��f�e� �a�� d�� pl�� p�oc�u��se l��hods �-a��erag� �r°o�-r ��et�� P��n�inc�, C�l� i�'iP1►�g, 1�� n� �inis�r �ca �r�od ��d i�'e�� -ic��ora. �li� �x��ee�ace �1�� aclu�e� � yr��-� v�er�e�fr�� a sfaf� c�� 35 in �nr�a►�� his dutie� drrcluc��t�e ��f�1�ua�i�� c�t�gro�, ��c� �aan��ir�gr corrrp��incv �e�ra�nd� �c� m�� a� cIr'e��s ►aee�� s� � �o,�►�a��y r�►a��air�i�s� ��ail��a �►�n�tale� an �ales. �� a�� f��-��o� ��i�� s�� dr��a��r� �;��ri��c� 9� ��i�� esi��►ir�g� �r��' ��-��7a�cin� �°�rio��s ��r�as �a�' si��e �n� �i�� o�r��r�r��a�i�r� p��a��, ��a�a�rpl�r �� or�� c��l�lin� �¢��c��y. f _ . ,� ;, , � 4^ 1 f �� "�I :�`��*:�`- ��' ,. „`� �� nerlPrir�cipal 2007 - �0�� usiora �ic�n an� �esic�n 3�4� Ni�si ta.Pay, Riv�rsiole, CFI 9�5�i JUNE 1989 - APRIt 1994 fVlotiva�i[�nal S�s�erx�s, Inc. G�rna�a, ��. Praduction Manager Order B3P4C0551tig and �cFredufis�g of ��al�iple ei�a�ar�men�� ir� ��e si�ro ira�us��'�- tivers�uu 2� emplayeas in a!I aspec%s o'f pr�ductcion ane� insYall��u�r�. 5��rted w[th �100,�CI� a rnantF� ia� �rpdu�tier� and suoces�f�ali� �r�u� �o �v�r S2�O,O0� u�ifil� � cos� ofi goocis und�:r 5�% MRY 1994 - SEPT. 199fi Cainey C�rarv�6cs LaVerne, Ca �utsicle �ales R�g��-esentafiive l�andlec� alE �spec�ts o� cul�ivatira� �ra�i grn�ir�g e�is�ing an�9 a-�� &�usBnes�. P�rfo�-mes� arcFai��ctura! g�reser�ta�ic�r�s �� have pr�ciuct spr�c�fa�e� �an pr�je��s. . ��ar�ed � reew �lista-il�utson facil9t� a� 'tF�� P�cs�d� R9��chw�� ared ��t�k�lisl��s� b�ssia�e�ss tF¢-orra s�¢-atc9� arac� grew �o �v�r ��OO,OOO per rnan�� OCT. 1996 - UEC. 2Q06 E4ir�s1� Gon4raat Glaais�c�, Inc. ��n�a �ln�, �a. Ghief �in�recial Offiee� 1 Oe�ner ��ar�ecl a c�nte-�ct g1az��tg anrrag�� u�ot3� �$��,�tD� b��et ar�� a'��,u i�. �ca toves' :3,�OC3,�1]� a�ear grass s�l�s uuit6�in �irs years �3= k�usir�ess. I ran a!I aspec�ts of �F�e �usin�ss �a-oua-a s�l�s ta prncluctiz�r� fto irast�ll �rsd ov�rsauu 12 ea�plo�e�s iC�e cflr��an� was solci in �ecerra��r 20�E �for oveer S�,�O�,�� r�d is sgill a �groaving cnm¢��n�. JFIN. 2006 -MF1RCIi 20�7 F1li�tiva�Yicanal Sa��r�rns, ln�- Fliv�t's�d�, �a. �3cc�u�t �s��au�iv� � ��.al�tiva�tc�d saBes fronro a r�tir�ira�al 9a�se t� ex�e�t� SI,��L0,�1�C! �� ga-�ass s�ales ir� rn� 1First �ear �s a gr�p9�ic ar$s and sic��iac�e sales a-epre��e��t��ive. I joiraed sxaG�¢� �a-acl� �s-g�n4zaxBmns s��a as �9�e �iF� �nd ��ie. ��Vli� ��s� a��r�a��d �e��or�ang �v�et'�s �o Gauil� m� ciien� bras�. I �aantfl�d �I1 �spr��ts �f �tl�e s��€ �r�a�xa �4tas��a�j �ha sa�� t� �s�arna�e�a�> '�o-i��c� saab ��-��r�c'��a�s �r�ci sch�du99n� ��e p�a-�atfuc�s r"�� e�st�9;. �� wraerl�rincipa7 ��D7 - �OC!$ �usion 5ign ancl �esign 3�4� h}iG�i �1��, F�iverside. G�9 925�i MR� 1996 - RPRIL 2U07 i4llo�svatianaE 5¢�stems, Inc. Cos-a�e�a, Ca. I�CGOUlI� E}d�CEl�IV� Ulos4sing in alE aspeces qf rr��r�seting and si�r� m�king. Tnqa gr[��sin� sales e�teeutive �two e�eaa�s in a r��u. F9rs� persar� ir� c�rrapana� to s�EY e�v�r 3 a�sllic��s �calla�s �ueo ��a-s ara ��-�ior. FIPRIL 1992 - MRY 1998 Caa61e� Cam4� and �ecWr&�art�l Riv�rsicfe, ��. LancJ S�ar��ae- �E��iraman Faa� �iuis �rag'se�2eris�� ira-r�. IJJorked uui'�i� �onstru�i�i¢�eo ��aro'is Fasr �ra�iia�g ar�d pia��r��r�t a� sts�e�'ts a�d I��s. JUfVE 1989 - FiPRIL 1992 DN V�ntures Riverside, ��. Oivr�er Compuiter da�� bac&sug� �a�}�araye Ldlor�ec9 u�i�h rnid �� las�ge corrap�nBes t� ka��E� u� an�V s�o¢-e ��ra3gaara� ara�c3rrt�at9o�t� � �rrigation City of Palm Desert Palm Qeserk Redevelopment Agency Pro�essional Services for EI Paseo Revitalization Consuitant T:Iproposalsllandscape_architecturelCity of Palm nesertlGiry of Palm Desert-EI paseo RevitalizaCion�ivider FORMA Design EI Paseo Revitalization — Pafm D�sert, CA FIRM IVAME: Landscape lrrigation Consulting 24681 La Plaza Dri�e, Suite 330 Dana i'oint, CA 92629 phone: 949-661-09Q5 #�x: 949-661-22f 9 email frar�klic@sbcglabal.net F1RM BACKGROUND: 12 May 20fl8 Landscape Irrigation Consulting is a Southem California based firrn, specializing in irrigation design projects ranging �rom 112-acre residential sites to 850 acres of streetscapes and development projects. During the past tweniy years our office has cornp�eted many diversified projects such as resort hotels, public schaols, parks (both regianal and community), slope stabilization, highway beautification, streetscapes, and a �ariety of projects in�alving rena�ation of �xisting systems. The design philosophy of Landscape Irrigation Consulting is to produce designs ihat will accommodate the landscape design most effectively and economically. Concern is stressed in conservation by proper application of water through well designed systems to maintain operational control to elirninate wasted water. FRANK SIMQN - President Mr. Simon, is a Landscape Architectural graduate of California State Polytechnic Uni�ersity at Pomona, with professional experience in the �eld of irrigatian design since 1971. Mr. Simon has ser+ied as owner and president of l.andscape Irrigation Consulting sinca 1980. �"�a�ing graduated in the field of Landscape Architecture, Mr. Simon has a sensiti�ity for landscape material and design as it relates ta irrigation. With a clear understanding of landscape design concepts, he can understand the intent of the design created by a Landscape Architect. With t�ris background, Mr. 5imon assumed the position o# Irr�gatian and Landscape Praject Manager while emplayed with the Peridian Group, a landscape architectural firm located '+n Irvi�e Califorr�ia and was also employed as a project manager at L.D. King Engineering. While er�ployed at L.b. King Er�gineering, he became the irrigat9on division manager of the Newport Beach office. During that time, he was involved with the irrigation master planning for the community of Mission Viejo, CA. After two years with the frm of L.D. King Engineering, Mr. Simon opened his own practice. �ihile in his own practice, Mr. Simon has extensive experience in the management and completion of a variety of projects such as golf caurses, resort hatels, large community developments and amusement parks. � forma_el paseo pa{m desert-pro.doc FORMA Design EI Paseo Revitalization — Palm Desert, CA 12 May 200$ iZecognition of Mr. Simon's ex�ertise has resulted in guest lectures at a local coilege, affilia#ed organizatians in Orange Caunty, and conckuc#ing se�eral educationaf seminars for professional offices in Orange County and throughvut the country. Educai�ion: CaEifornia State Polytechnic University, Pamona, CA, Bachelor of Science Degree in Landscape Architecture - June 1976 Pasadena City College, Pasadena, CA AA Architect�are Professional Affilia#ions: Member af A51C �American Society of Irrigation Consultantsl STREETSCAPES : k�andscape Irrigation Consulting completed numerous irrigatian designs for medians and parkways incorporating various me#hods of irrigation, including point ta point drip, subsurFace, and standard spray heads. Specific systems were chosen relative to the planting design, enviranmental conditions, plant material and spacing, and traffic flows. Projects completed range thraughout California and Nevada. + Harvard Blvd, - Irvine, California. • Pecolle Ranch Village, - Las Vagas, Ne�ada. • Las Vegas Blvd "The Strip" — Las Vegas, Nevada. • La Band Village — Chir�o, California. • Redbridge Village — Tracy, California. • Pacific Coast Highway Impravements — Corona del Mar, California. • Seven Oaks Community Streets — Bakers�ield, California. • Jamboree Rd Extension - (rvine, California. • Fremont Street Experience — Las Vegas, Nevada. CIVIC AND NA TlONAL POINTS OF 1NTEREST: Landscape Irrigation Cansulting has �xtensi�e experience providing professional irrigation system design and constructian administration ser�ices for several civic and national points of int�res# throughout the United States and ather countries. • �he Fremant Street Experience - Las Vegas, Nevada. • Joong Ang Daily News Building - Seoul, South Korea. • Nixon Archi�es & Library - Yorba Linda, Ca. • Pacific Federal Plaza - Costa Mesa, Ca. • San Macros Ci�ic Center - San Macros, Ca. y` RES01�TS1CASlND�IAMUSEIVIEN7 PARKS: forma_el paseo palm desert-pro.dac FORMA Design EI Paseo Revitalizatian — Palm Deseri, CA 12 May 2008 Landscape lrriga#ion Consufting has extensi�e experience pro�iding professianal irrigatiart system design and construc#ion administration services for resorts, casinos and amusement parks throughout the United States � Bally's Hotel and Casino - Atlantic City, New Jersey • Bellagio Hotel and Casino - Las Vegas Nevada. o Caesar's 1'alace Hotel and Casino - Las Vegas �levada. • Cow Cre�k Gaming Center- Roseburg Oregon. • Golden NuggeE Hotel and Casino - l.aughlin, Ne�ada. • Beau Rivage Hotel and Casino - Biloxi, Mississippi. • Hyatt Regency Hotel and Park - Long Beach, Ca. e Fiyatt Regency Notel - Greece. • Jurassic Park- Uni�ersal Studios, Hallywood, Ca. • Knotts Berry Farm Extension (Camp Snoopy) - Buena Park, Ca. • Meridian Gardens Hotel - West Los Angeles. • Mirage Hotel and Casino - Las Vegas, Nevada. • MGM Grand HotellCasinolArrtusement Park - Las Vegas, Nevada. • Newport Mericiian Hotel - Newport Beach, Ca. • Pola Towers liotel and Casino - Las Vegas Ne�ada. • Sun City Resort Hote! and Casino - Sauth Africa. • Treasure Island Resort Hotel and Casino - Las Vegas, Nevada. � forma_el paseo paim desert-pro.cfac 5chedule City of Palm Desert Palm Desert Redeveiopment Age�cy Professiar�al Services for EI Paseo Revitalization T:lproposalsllandscape_architecturelClty of Pa1m DesertlCiry of Palm Desert-El Paseo Revitalizatipn�ivider �` a ' w � g� o-lIi �II a; ��f1 �. � � �' � � { �V�'I � u�� I �� N �� a �1- r'`- NI�''I �J. J,`.;.'� :�i ��i $ � `"7 �c �K . s � " I�,: �j :k �j� � `;, dr � Kc�: �, �,. - .. . �,----- � r� ; _ $� � ��N � " � R � �� _I E o�c a � �'� � . . �ioE �;�: m�'a�i �.:: "� a C� a �Tlii � � /I� a O ��— � � �� LL �� 3 � LL 3 � �� w � � � � � � � LL � � � � $ � ��#��#�� 'a 'a o w ay, vs n e E '^ �'�,' 6 � � � M w � � � �� E ��y �� _�? ��.�y£g� ��c3 � 'E� �� a a � a o.. .�r�mti WNN ��.��m`�' "��83Im��3'ale:��e:^<Iev3,�`�'�,m�l� � $ �� ,T�i �.. , � .. rg � � ? � y � q�i �I � � a � � � �� w� �� a 8 Y < �`�; �� i� rm �� r, - :{ L .� al + ' I � � �, _ .�I� - I�� _ II � � -- - I ��. _ �_� . _- � . . _ �' �i , I' �1 � �I �L_ � � = r'"� �fe� t v�l I:�`- � . , � � _ —�.__. �"---- �1:: m ��Y . � I' � i � �=� 9 U a � _ � I � i+ � N t- - W pp " � l � � j f i ,.� � p c~ � � , � �7 � S. �_ d � 8 � �� F ' ' G�f C � pl= �I_ a�� ,� a o ��'�'._ . � � �� G �� .� S u� LL � C u F li k. �� LL� � 3� LL LL LL 4. LL w�#� d � w� S LL L[. LL F'T � � 3 � �� r� �� a��a�� r��_�� # � ; � � � � � $ � � � � � � LL � � � � � $ � � � � LL � � � � >a�a� E ��.��'�� .�99��a��a�$� �'�y��a�a� � .� � n � �� ^� �`�� .._ �� ' �� _ a n � ' i �� _ � � g � � � � � � w w � ffi � � E $+ c4 a � � g � U E - de P E � � � � � w � m �aa o ?i�� 4 � ¢ ~ � o V � .�L P' �e E � U a¢ V a ' � � V � g O � O � � � � � Q � �� y � z��,� � �� a � � � � a�a��s �� e� �a � � ��;�� m�e�o� s " d�` z a � � ¢ � � � � � � .� � � u � � cQi � F a " �' a .€ 3 � � B o � ` � � gg � $ g �,o� o� �''o�g ;e��g'��S'� '� ' � � � a o � � � u � a o a` .0 o � � � $a �� g ��d� §�$�� a�,�� p� � y U o' � � 6 � Z Y � µ 2 m � F- W 1 1 ❑ ... tV m d u1 M I� li It�n 41n � I"O I� b<O 1� � m�� I� I� 1� fi n h n f�- t�- n��m �� W�� IW m�� O+ m I�' � � � � � � � � � E F � � i �, �I ; �; I: .. � ,: � � � � � � �� ,��;I '. J Y- �N� � � S� �w W � �6 0 Z9 5tatement of Scope and Fee/ Hourl�r Rate S chedule City of Palm Desert Qalm Desert Redevelopment Agency Professional Services for EI Pasea Revita�ization T:tiproposalslfandscape_architecturelCiry of Palm DesertlCity of Palm Oesert-EI Paseo Revitaifzation�ivider ��`��.\��,i�\ e`� ;". L r ` � `a��r �"k1 _ ��..,�'�� ` a � ' t ��e�iliGli1�� t�E?Sl�ii� ��`�u"1C�.�i;€;s�' ut''��i!'ii�C'�19Y';J �i?i'rilCO,y(iiJii'C� �ii3�1�3(3ifi�f�si��i[:3'i14�i5] ;,05U Pulliiian Sireer E�osia Mesa. C�; J�62e ?F�".ii.�,�+�Q� ��i�:; 7'i1s.G7;,.fi29° fiTfO�''fOffilOCOfii�]c�ElE6S.Cafi1 May 12i L�� 4N�NVJ.iO#'file1CU111�3813105.C�ii1 Mr. Bryce W�ite CITY OF PALM DESERT Palm Desert Redevelopm�nt Agency 73-5� 0 Fred Waring Drive Palm Desert, CA 92260 RE: STATEMENT OF ALL SERVICES Professional Services for the EI Paseo Re��ta�ization (FORMA Job # 1818.001 } Dear Mr. White: All services pro�ided by the FORMA Design Team for this pro�ect scope includir�g that of our outside consultants or professional firms, are inciuded in our "Lump Sum Fee". The enclosed ho�rly rate schedule as part of the Designer's Proposal for use in in�oicEng for progress payments and for extra work incurred is not part o# t�is RFP. All extra work will require prior appro�al form the ag�ncy and the FORMA Design Team. Sincerely, FORMA C�� e. . �� , ��..k.�.., Carol MacFarlane, ASLA Senior Vice President Director of Landscape Architectu�e +Y' T:lpropasalsVandscape_a�chiteclurelClly oi Palm QeaerNCiiy ot Palm Oesett-EI Pasea fievtitalizaf�n11816.�01 Statement of a11 senrices.dac Page 17 ATTACHMENT A FORMA STANDARD TERMS �F AGREEMENT HOURLY RATES: Fees for service as described above are based on our standard hourly rates in effect. Rates axe subject to adjustment: Senior Director Director Sr. PlannerlSr. Designer/Sr. Landscape Architectl5r. Project Manager Senior GIS Tec�nician/Frogramm�r PlannerlDesigner/Landscape Architec�IProject Manager Studio Staff Data Storage Fee Data Retrieval Fee {after 30 days of cornpletion) PAYMENT �OR SERVICES: $ 175 — $ $ 160 — $ $ I00 — $ $ 9S — $ $ 75 — $ $ 45 — $ $ $ 1951hour 175/Y�our 160/hour 140/hour 1 QO/hour 90/hour 250�` 75/product Payment for professional services aatd related expenses are due to the Consultant upon receipt of invoice. If fees axe nok paid within thirty (30) days a� invoice date, Cansultant may stop work, reassign staff, and the work product may be wit�held. At sixty (60} days a charge of four percent (4%} will be added on khe unpaid atnount and interest shall be added at one and one-half percent ( l i/z%) per tnonth from due date of invoice. Any cost related to the collection of fees, includi�g attomey's fees, shall be added to the cost of services. SUBCONSULTANTS: Subconsultants may be added or deleted to this contract by mutual agreement. An administrative fee of fifteen percent (15%} is added to the subconsultant proposal for coordination. *DATA STORAGE AND RETRIEVAL: Data ,Storage: Upon contract cornpletion of project, data and electronic iites will be maintained for a period of ane (1} year.* Consultant bears no responsibility for ihe deterioration oidata or electtonic media which can deteriorate with the passage oftime.* Clients requiring storage of data. or electz'a�ic iiles for a period beyond the abnve specified time will be c�iarged a fee of $250.00 per year for ane-hal£ (�/z) gigabyte of Archived Media. Data Retrieval: Client requests o£reprinting/p�otting of completed project data and electranic files will be charged a retrieval fee of $75A0 plus printing costs per final product. Consultan� does not warrant the ability to retrieve data or electronic files beyond the above stated period of one {1} year unless Client �ias entered into an agreement with Consuitant for data storag�. ,.� LAN�SCAPE-WO_OC"F2007 FFIAU SEP2008 (WiT}IOUT RETAI[1ER) 1 of 4 ATTACHMENT A FORMA STANDARD TERMS OF AGREEMENT (continued) MISCELLANEOUS SUBLET EXPENSES: Miscellaneous subl�t expenses are iz► addition to hourly consultation and include iterns such as base maps, photomylars, photographic, blueprinting, report ar docum.ent reproduction, and special itexns specifically purchased for this project. These will include the following Reimbursable Expenses listed below: Reixzabursable Exnenses: 1. Out-of pocket expenses (trave�, telephone, messeng�r services, �odging, meals, etc.}: cost, plus �ft�en (15°/a) percent. Per diem charge for subsistence may be negotiated in lieu of expenses £ar daily lodging and mea�s. 2. Subcontractors: cost, plus fifteen (15%) percent. 3. Bluepnint, reproduction and photographic services: cost, plus iifteen (1 S%) percent handling. Reproduction orders over $500.00 sha�l be C.O.D. 4. Passenger cars: Forty-eight ($0.48) cents per mile and parking fees when applicable. 5. Photocopies: Ten ($0.10) cents per page. 6. Word Processing, Co�puter Time: Twenty-fve ($25} dollars per hour. ADJUSTMENT OF FEES: This Agreement may be renegotiated if changes occur in scope or duration of the contract, These terms shall be subject to change annually for wark not yet performed. AGENCY CHANGE IN POLICY: In the event that t�ie plans and speciiications under this contract are not those required for approval by various governmental agencies, and i� the event that due to change of policy of said agencies after the date of this Agreeznent, adriitiana.l o£fice work is required, the additional work shall be paid for by the Client as Extra Services. BASE INFORMATION: It is agreed that the Client will furnish accurate base maps and reference plans that wiii show exist�ng grades, road alignments, paved widths, building locations, utilities and easement locations, and other data as may be :rec�uired for our work wi#hout cost to us. Setvices and information, and all documents furnished by Ciient or others retained by Client shall be provided at Client's expense. Ciient warrants that to the best aihis information and lcnowledge, the services, infarmation atkd documents furnished to Consultant are accurate and that, Consultant shall be entitled to rely, in gqod faith, an the accuracy and compieteness thereo% COST ESTIMATES: The Consultant makes no representation cancerning the cost figures rnade i�n connection with maps, plans, specif�cations, or d�'awings other than �l�at a1I costs figures are professional opinion esti�nates only and the Cousultant shall not be responsible for flucivations in cost factors. LAN�SCAPE-WO_OCT2007 THRU SEP2008 (W[TEIOiI'C RETA[NHR) 2 of 4 ATTACHMENT A FORMA ST.ANDAI2D TERMS OF AGREEMENT (continued} I �ZfZill�u I �1►Y-1-[ -� :i�►�ef�c� Consultant shall be held harniless and indemnified against iosses, darnages and costs arising out of any use, reuse, ar change of said documents by the Client or his agents without written authorization. �WNERSHIP OF DOCUMENTS: All dravcriz�gs, speciiications and otl�er docuznents prepared or to be prepared by Consultant for Client, are the property of the Consultant until such time as tlie work is completed and payment in full for services rendered is received by the Consultaut at which time reproducible copies of original plans shall be prepaxed £ox Client at Client's expense. CLIENT'S RESPONSIBILITIES: Client shall designate a representative to act in its behalf with respec� to the project. Client's representative shall examine documents submitted by Consultant and shall render decisions pertaining ]uereto promptly to avoid unreasonable c!elay in the progress of Consultant's services. Clien� hereby names as its designated representative. SOILS TESTING AND RESEARCH: Client shali provide the services of a Soils Engineer or other Consultant when such services are reasonably deemed necessary by Consulkant and Client or the governing agency, including reports, test borings, test pits, soil bearing values, percolatiou tests, ground corrosion and resistivity tests, and any other necessary operations for deternuning subsoil, water conditions, with appropriate professional interpretation thereof. Consultan� makes no representations conceming soil conditions and is not responsible fo:r any liability that may arise out of the making or failure ta make soil surveys, or sub-sur�ace soil tests, or genez'al soil testing. FIELD INTERPRETATION OF PLANS: Client shall repork promptly it� writing to Consultaat any fault or defect in Consultant's services or non- confortnance duriug construuction vtirith the documents prepared pursuant to this cantract. Consultant shall not be responsible for iield interpretation of plans or problems related thereto if Consultant is not requested ta provide on-site observation of construction.. CON�TRUCTION QUALITY: Consultant does not guarantee the completion or quaiity of performance of contractor or completion or quality of perforrnance of contracts by the construction contractor or contractors, or other third parties, nor is he responsible for their acts or omissions. ,�. LAN�SCAPE-WO_pCT2007 Tf[CtU SEP2008 (WITHOEfT RETAINEA) 3 of 4 ATTACHMENT A FORMA STANDARD TERMS OF AGREEMENT {continued} TERMINATION OR SUSPENSION OF SERVICES: Services may be termi�ated at any time upon written notification by either party, with fees payab�e to date of ternunation in accordance with services rendered and work campleted. In the event of terminatian or suspension of services or abandonment of the project, payrnent shall be xnade to Consultant far a11 services performed to the date of terminatian, including all reimbursable expenses and charges for additional services incurred. Client sha11 pay the Consultant for the work performed on an hourly basis, not to exceed any maacimum contract amount specified therein. If the project is suspen.ded for more than two (2} mo�ths or more than once during the contract peria�, or abandoned in �vhole or in part and resumed after such suspension or abandonment, Consultant's compeaasatian shall be subject to re�egotiation and retainer will be forfeited as compensation for reassignnaent of staff. Client binds himself, his pa�rtners, successors, exec�tars, administrators, and assigns to the Consultant to this Agreernent i� z'espect to aIl of the terms and conditions of this Agreement. INDEMNITY: Client agrees to �efend and hold Co�sultant harmless for any negligent acts per£ot�nned by others in completion of the work on this proj ect, except for any negiigent act solely related to work performed 6y this Consultant. Limit of Consultant's liability shall be fifty thousa.nd (�5a,000) dallars or tlae total of Consulkant's fee, whichever is �eater. The Client agrees that in accordance rx+ith generaily accepted canstruction practices, the construction contractar will be required to assume sole and compiete responsibiiity for job site conditions during the course of construction of the project, including safety oiall persons and property; that this requirement shall be made to apply continuously and not be limited to nortnal workang hours; and the Client further agrees to defend, indemnify and hold the Consultant harmless from any and all Iiability, real or alleged, in connection with the performance of woz'�C on this project, excepting liability arising fram the sole negligence of the Consultant. ATTORNEYS' FEES AND COSTS: Shouid suit be brought or a legal action commence by either Client or Consultant in order to enforce any of t�e provisions af this Ageement, the prevailing pa.rty st�all be entitled to reasonable attorney's fees plus caurt cost, whether said suit or action be brought to judgment or otherwise. PUBLICiTY: In all press releases and brochures that are issued or prepared for tk�e patoj ect, Client shall use reasonable efforts to mention the Consultant. '� Client may release or dispiay material to third parties containing photagraphs, drawings, gaphic presentations and designs prepared by Consultant and shall credit Consultant far said work. GOVERNING LAWS: This contract shall be governed exclusively by the laws applicable to contracts madelperformed wholly in the state in which t�e Consultant's ofiices are located. 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