Agenda packet, regular meeting — Palm Desert City Council, June 12, 2025 (part 3 of 11)

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 12, 2025
PREPARED BY: Brad Chuck, Public Works Superintendent
Shawn Muir, Community Services Manager
SUBJECT: AWARD CONTRACTS TO FIVE VENDORS FOR PARK AND TRAILHEAD ENGINEERING AND DESIGN SERVICES (PROJECTS NO. CPK00004, CPK00005, CPK00006, CPK00008, CPK00009, MPK00001, MPK00008) RECOMMENDATION:

1. Award Professional Services Agreement to Architerra Design Group for Park and Trailhead Engineering and Design services in the amount of $119,299, plus $11,930 contingency for unforeseen circumstances.

2. Award Professional Services Agreement to HAI, Hirsch & Associates, Inc. (Landscape Architects) for Park and Trailhead Engineering and Design services in the amount of $125,140, plus $12,514 contingency for unforeseen circumstances.

3. Award Professional Services Agreement to Hermann Design Group for Park and Trailhead Engineering and Design services in the amount of $172,170, plus $17,217 contingency for unforeseen circumstances.

4. Award Professional Services Agreement to In-Site Landscape Architects, Inc. for Park and Trailhead Engineering and Design services in the amount of $400,051, plus $40,006 contingency for unforeseen circumstances.

5. Award Professional Services Agreement to Interwest Consulting Group for Park and Trailhead Engineering and Design services in the amount of $175,600, plus $17,560 contingency for unforeseen circumstances.

6. Authorize the City Attorney to make necessary non-monetary changes to the agreements.

7. Authorize the City Manager to execute agreements, amendments, change orders, and any other documents necessary to effectuate this action.

BACKGROUND/ANALYSIS:

Planned Improvements and Locations:

The Fiscal Year 2024-25 Annual Budget includes funding to initiate design services for a series of park and trailhead improvement projects. These projects aim to enhance public recreational spaces through upgrades such as new playgrounds, shade structures, restrooms, and improved parking facilities. Each site has unique needs based on current conditions and intended use.

Additional areas of concern were identified and incorporated into the design specifications during the bidding process, with the associated design costs included in the proposed Fiscal Year 2025- 26 Budget.

The table below outlines the specific park and trailhead locations that will be addressed through this design effort, along with the key elements to be incorporated at each site:
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Project No. Location Name Key Design Needs Justification CPK00004 Hovley Soccer Park Sports fields,
landscape,
playground
 Sports fields have become uneven
over time
 Playground equipment has reached
useful life
 Landscaping is in need of refreshed
look
CPK00005 Homme Adams Park Parking, shade
structure, restroom,
park furnishings,
landscape
 Parking is limited and ADA parking is
not available
 No existing trailhead with park
amenities such as shade, benches,
and water
 No restroom on site
CPK00006 University Park Playground  Playground equipment has reached useful life
 Playground surfacing requires
replacement
CPK00008 Washington Charter Playground  Playground equipment has reached useful life
 Additional shade may be needed
CPK00009 Randall Henderson Trailhead Parking, shade
structure, restroom,
park furnishings,
landscape
 No existing trailhead with park
amenities such as shade, benches,
and water
 Restroom is limited to the Bureau of
Land Management Visitor Center,
which is only open Friday through
Sunday
MPK00001 Freedom Park Playground  No existing trailhead with park amenities such as shade, benches,
and water
 Consider updated playground design
with natural barriers or fencing to
protect children with autism, as
requested at Parks & Recreation
Committee meetings
MPK00008 Ironwood Park Shade structure,
water feature
 Shade structure is reaching useful
life
 Consider water feature, as requested
at Parks & Recreation Committee
meetings
To support the delivery of these projects, the City proposes to retain multiple design consultants.

Each consultant will be responsible for developing conceptual design plans, coordinating public engagement, completing necessary environmental documentation, preparing construction documents, and supporting the bidding and construction phases. The agreements will cover an initial term of three years, with two optional one-year extensions to provide flexibility between design completion and construction funding. Final deliverables will include a conceptual design plan with cost estimates, public engagement documentation, construction-ready plans and specifications, and consultant support through the bidding and construction phases. 442
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Selection Process:

To select qualified consultants, the City issued a Request for Proposals (RFP) through the City’s Opengov portal (PROJECT ID: 2024-RFP-156) on January 24, 2025. Eleven proposals were received by the March 18, 2025 deadline. A selection committee evaluated the proposals based on the clarity of the work plan, relevant experience, past performance, references, and cost.

Based on proposal evaluations and scoring, staff recommend awarding the Parks and Trailhead Engineering and Design Project to five qualified vendors, as outlined in the table below:

Vendor Ranking Score (Max 100)
HAI, Hirsch & Associates, Inc (Landscape Architects) 1 93.44 Architerra Design Group 2 91.25
Hermann Design Group 3 90.00
Interwest Consulting Group 4 83.86
In-Site Landscape Architects 5 82.14
Proposed Assignments:

In addition to the proposal evaluations, the selection committee considered project compatibility, vendor qualifications, and overall proposal strength when determining final assignments. The recommended awards reflect a deliberate alignment between each consultant’s expertise and the specific needs of the assigned projects.

Hovley Soccer Park – Interwest Consulting Group
Hovley Soccer Park serves a broad user base and involves multiple stakeholder groups, requiring a significant public engagement component. Interwest Consulting previously supported the City on the North Palm Desert Community Park project, demonstrating relevant experience in community outreach and multi-use park design.

Homme Adams Park – Hermann Design Group
Hermann Design Group is currently involved as a landscape design subcontractor on the adjacent Cahuilla Hills Park project. Assigning Homme Adams Park to the same consultant supports consistency in design approach between the two sites. The firm has completed similar work for the City and met project requirements effectively.

University Park and Washington Charter – HAI, Hirsch & Associates, Inc.

HAI’s proposal included multiple examples of completed playground and park designs of comparable scale. These two projects involve relatively limited scope focused on playground upgrades, making them appropriate for a firm with HAI’s experience in this type of work.

Randall Henderson Trailhead and Freedom Park – In-Site Landscape Architects, Inc.

In-Site Landscape Architects has recent experience working on similar park projects within the City, including design and construction support for Palma Village Park. The firm is also currently engaged as a design subcontractor at Civic Center Park. This assignment aligns with their demonstrated capacity and familiarity with City standards. 443
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Ironwood Park – Architerra Design Group
Architerra’s proposal emphasized prior work involving water features and small-scale community parks. These qualifications correspond with the scope at Ironwood Park, which includes a shade structure and a water element.

Assigning consultants based on site compatibility and proposal strength is intended to align project needs with consultant capabilities. Staff believes this multi-vendor approach allows for efficient delivery while leveraging each firm’s specific experience. Members of the Parks and Recreation Committee will be invited to participate in the design process for their assigned parks, providing input and updates during project development. Each final design will be presented to the full Committee prior to returning to Council for award of construction contracts.

Legal Review:

This report has been reviewed by the City Attorney’s Office.

FINANCIAL IMPACT:

Funds in the total amount of $3,600,000 are included in the Public Works Department’s Capital Improvements Project List for Fiscal Year 2024-25 and 2025-26 under Account No. 4004618- 4400100, and 4004618-4400200. The total proposed cost for design services across the seven sites is $1,091,487, including 10 percent contingency. The table below provides a breakdown of the recommended contract awards by project, vendor, and associated costs:

Project
Number
Location
Name
Vendor Cost
Proposal
10%
Contingency
Total
Cost
CPK00004 Hovley Soccer Park Interwest
Consulting, Inc.
$175,600 $17,560 $193,160
CPK00005 Homme Adams Park Hermann Design
Group
$172,170 $17,217 $189,387
CPK00006
CPK00008
University Park
Washington Charter
HAI, Hirsch &
Associates, Inc.
$125,140 $12,514 $137,654
CPK00009
MPK00001
Randall Henderson Trailhead
Freedom Park
In-Site Landscape
Architects, Inc.
$400,051 $40,006 $440,057
MPK00008 Ironwood Park Architerra $119,299 $11,930 $131,229 Total $992,260 $99,227 $1,091,487
The following table outlines the budget and cost for the multiple Parks and Trailheads:

Description Est. Carryover
FY 2024/25
Proposed Budget
FY 2025/26
Contract Amount Balance
Account No. 4004618-4400100 $1,000,000 $2,400,000
Account No. 4004618-4400200 $200,000
Park and Trailheads – Contracts $992,260
Park and Trailheads – Contingency $99,227
Total $1,000,000 $2,600,00 $1,091,487 $2,508,513
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Upon completion of the design(s), the construction portion of the project(s) will be presented to the City Council for award. Therefore, at this time, there is no additional impact to the General Fund. Future award may require a transfer from the General Fund, if grant funds are not secured.

ATTACHMENTS:

1. Professional Services Agreement Architerra

2. Professional Services Agreement HAI, Hirsch & Associates (Landscape Architects)

3. Professional Services Agreement Hermann Design Group

4. Professional Services Agreement In-Site Landscape Architects, Inc.

5. Professional Services Agreement Interwest Consulting Group

6. Architerra Proposal

7. HAI, Hirsch & Associates (Landscape Archtiects) Proposal

8. Hermann Design Group Proposal

9. In-Site Landscape Architects, Inc. Proposal

10. Interwest Consulting Group Proposal
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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 12th day of June, 2025, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and Architerra Design Group, an S Corporation, with its principal place of business at 10221 Trademark Street Suite A, Rancho Cucamonga, CA 91730 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Project.

The City is a public agency of the State of California and is in need of professional services for the following project:

Ironwood Park Engineering and Design Project
Project No. MPK00008
(hereinafter referred to as “the Project”).

2.2 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2025, to June 30, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will 447
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determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Kiley Sandoval, Administration Manager.

3.2.5 City's Representative. The City hereby designates Shawn Muir, Community Services Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Gregg Denson, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, 448
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using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects 449
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thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same.

Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.

3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of 450
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employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage.

The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall
maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Professional Liability (Errors & Omissions) Insurance.

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement.
(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant
may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
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(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part
for any reason;
(2) Pay on behalf of wording as opposed to
reimbursement;
(3) Concurrency of effective dates with primary
policies; and
(4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(F) Fidelity Coverage. (Reserved)
(G) Cyber Liability Insurance. (Reserved)

3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide
certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it 452
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deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. 453
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(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions. (M) Pass Through Clause. Consultant agrees to ensure
that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that selfinsured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water 454
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Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law.

Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Nineteen Thousand Two Hundred Ninety-Nine Dollars ($119,299.00) without written approval of the City Council or City Manager, as applicable.

3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.

3.3.4 Travel Expenses. In accordance with Government Code section 53232.2(c), the Internal Revenue Service rates for reimbursement of travel, meals, lodging, and other actual and necessary expenses as established in Publication 463, or any successor publication, shall be used to determine reimbursement rates for Consultant. Travel in business class, first class or any category on any flight above the coach/economy level will not be reimbursed.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
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3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City.

Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete 456
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and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written
notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.6.1.2 Effect of Termination. If this Agreement is
terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Early Termination. Notwithstanding any
provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.

3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

Consultant: Architerra Design Group
10221 Trademark Street Suite A
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Rancho Cucamonga, CA 91730
ATTN: Gregg Denson, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual
Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all
subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard 458
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to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification – Documents and Data.

Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda,
specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to 459
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the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information.

City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

3.6.5 [Reserved]

3.6.6 Indemnification.

3.6.6.1 To the fullest extent permitted by law,
Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City.

Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives.

3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
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3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 461
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3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND ARCHITERRA DESIGN GROUP
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

ARCHITERRA DESIGN GROUP, AN S

CORPORATION
By:

Gregg Denson
President
By:

Andrew Krumwiede
Vice President
City Clerk QC: _____
Contract QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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Exhibit “A-I”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “A”

SCOPE OF SERVICES
IRONWOOD PARK (MPK00008)
TASK I. Public Engagement

1. Project Kick Off Meeting (one in Person). This will be the time where ADG will collect preliminary information for the Public Engagement Plan in order to set the goals and objectives for the first, and subsequent public engagement meetings.

2. Site Field Visit to record existing conditions of project area and analyze opportunities and constraints. Soil Samples will be taken at this time for potential use in case the project scope expands to include new landscaping.

3. Site Visit report to document the findings of the site field visit.

4. Timeline and Schedule creation following the project kick off meeting outlining each phase of the project for City approval.

5. Public Engagement Plan based off the Tiers Public Engagement Framework for City approval.

6. Presentation material creation for the three engagement meetings to accurately convey design ideas and get feedback.

7. Initial Public Engagement meeting with the City and Stakeholders to define the design direction for the conceptual design moving into the secondary public engagement meeting.

8. Secondary Public Engagement Meeting, where ADG shall present multiple design alternatives (two anticipated). ADG will collect feedback for both the designs to make design revisions and finalize the preferred design (one anticipated) with the feedback received.

9. Final Public Engagement meeting, where feedback from the City and Stakeholders, as approved by the City during the previous meeting, will be incorporated into the final design and presented during this meeting. Any final feedback will be incorporated after this meeting to provide a final concept for the City. At this time community engagement regarding a new name for the park (if applicable) will be decided per City of Palm Desert Resolution No. 2015-33.

10. Following the completion of each of the engagement meetings, a Public Engagement Report will be drafted reporting on each of the meeting’s findings. It is anticipated that three months after the contract start date this report will be finalized and completed for City review. 464
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11. Monthly in-person meetings will be attended for an anticipated six months (six meetings). This will cover the conceptual design through construction documents. Monthly meetings in the construction phase are not anticipated.

12. Pre-Bid meeting prior to sending the plans out to bid. (anticipated one in person meeting)

13. Pre-construction meeting prior to sending the plans out to bid. (anticipated one in-person meeting)

14. Project Administration/Telephone Coordination.

15. Consultant Coordination - Proactively initiate communications efforts between the design team to address key issues timely.

TASK II. Preliminary Planning and Conceptual Design

1. Optional Civil Engineering Topographic Survey should the City need it by Madole and Associates. This is to establish topography and existing utilities, and to assist in the preparation of accurate base sheets.

2. Coordination meeting with California Waters in association with the design of the water feature.

3. Base Sheet Preparation at 1”=20’-0” at 24” x 36” Format.

4. Initial conceptual design following the first public engagement meeting, two designs anticipated.

5. Design revisions to conceptual design following presentation of the initial two designs during the Second Public Engagement meeting. The revision will be to the one preferred alternative to present during the final engagement meeting.

6. Final design revisions following the third public engagement meeting to provide a finalized concept for City approval.

7. Project research, utility review, and coordination with consultants as applicable.

8. Preliminary Cost Estimate for City review and input.

9. Project timeline adjustments following concept approval for City approval.

TASK III. Construction Documents

1. Title sheet preparation utilizing City of Palm Desert Title Block. (24”x36” sheet format, one sheet total)

2. Construction Document Base Sheet Preparation at 1” =20’ (scale). (24”x36” 465
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sheet format, one sheet total)

3. Demolition Plan prepared by ADG indicating all removals and items to remain.

4. Fine grading plan coordination with Madole.

5. Construction Plan Preparation for layout and detailing of the new playground design.

6. Construction Detail Preparation for all proposed amenities.

7. Prepare Construction Specifications in book format at 8.5” x 11”.

8. Final cost estimate of all improvements specified in the construction plans.

9. Material furnishing selection.

10. Package Coordination.

11. Plan Checking and Plan Check Corrections.

12. Project Administration and Telephone Consultation.

13. Civil grading and drainage design plans by Madole. Plans will include all applicable grading requirements for a new playground and ADA compliance improvement.

14. Optional Electrical Engineering Plans Provided by JCA for new walkway lighting if desired from the community input meetings.

15. Water Feature or splash pad construction documents assistance provided by California Waters.

TASK IV. Bidding and Construction Support:

1. Respond to RFI’s during projects advertisement period.

2. Prepare project addenda for the City. (two anticipated)

3. Attend construction observation meetings during construction. (three anticipated)

4. Preparation of site review reports for submittal to City staff for review, and contractor for correction. (three reports total)

5. Review and provide response to contractor's requests for information (RFI) about the plans and specifications forwarded to the Consultant by the City.

6. Submittal review.
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7. Review and approve shop drawings, as needed. JCA’s electric plans do not include construction observation.

8. California Waters Bidding and Construction Support for the Water Feature or Splash Pad.
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Exhibit “B”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT "B"

Prospectively, the City anticipates the schedule of work as follows:
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EXHIBIT "C"

CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 12th day of June, 2025, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and HAI, Hirsch & Associates, Inc (Landscape Architects) , a Corporation, with its principal place of business at 2221 E. Winston Road, Suite A, Anaheim, CA 92806 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Project.

The City is a public agency of the State of California and is in need of professional services for the following project:

University Park and Washington Charter Park Engineering and Design Project
Project No. CPK00006 and CPK00008
(hereinafter referred to as “the Project”).

2.2 Consultant.

3. Terms.

3.1 Scope of Services and Term.

3.1.2 Term. The term of this Agreement shall be from July 01, 2025, to June 30, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 475
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3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.6 Consultant's Representative. Consultant hereby designates Charles E. Foley, President, or his/her designee, to act as its representative for the performance 476
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of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the 477
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services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the 478
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Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.2.11 Insurance.

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement.
(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant
may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set 479
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forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part
for any reason;
(2) Pay on behalf of wording as opposed to
reimbursement;
(3) Concurrency of effective dates with primary
policies; and
(4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(F) Fidelity Coverage. (Reserved)
(G) Cyber Liability Insurance. (Reserved)

3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide
certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
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(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers 481
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and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions. (M) Pass Through Clause. Consultant agrees to ensure
that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that selfinsured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated 482
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by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Twenty-Five Thousand One Hundred Forty Dollars ($125,140.00) without written approval of the City Council or City Manager, as applicable.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, 483
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but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.4 Labor Code Requirements.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant: HAI, Hirsch & Associates, Inc (Landscape Architects) 2221 E. Winston Road, Suite A
Anaheim, CA 92806
ATTN: Charles E. Foley, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

Consultant represents and warrants that Consultant has the legal right to license any and 486
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all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.4 Indemnification – Documents and Data.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days 487
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after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information.

3.6.5 [Reserved]

3.6.6 Indemnification.

3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
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3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 489
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3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND HAI, HIRSCH & ASSOCIATES, INC (LANDSCAPE ARCHITECTS) IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

HAI, HIRSCH & ASSOCIATES, INC
(LANDSCAPE ARCHITECTS), A

CORPORATION
By:

Charles E. Foley
President
By:

Mark Hirsch
Vice President
City Clerk QC: _____
Contract QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
491
Contract No. ___________
Exhibit “A-I”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “A”

SCOPE OF SERVICES
UNIVERSITY PARK (CPK00006)
Conceptual Design
 Review existing data, such as as-builts and record drawings.  Photo document and conduct site analysis to evaluate the opportunities and constraints of the site.
 Conduct a site visit to record existing conditions of the improvement area such as curbs & gutters, sidewalks, walkways and ramps, light poles, fences and walls, drainage inlets, visible above ground utility installations, trees, etc.  Synthesize data received and compare with site analysis findings to finalize site assessments and prepare the analysis report. Review report with City Staff, revise as necessary.
 Obtain and review utility information within the public right of way and park site.  Develop provisions to accommodate existing and new utility facilities (e.g., maintained in place, removed, adjusted, abandoned, or installed).  Effectively identify utility locations and resolve conflicts on proposed plans to keep the project on schedule.
 Undertake preliminary investigation with SCE to determine the existing power supply and adequacy to service proposed improvements.
 Prepare Design Development plans utilizing the city provided survey as the base sheet. The design shall be predicted upon the conceptual plan approved by the City.
 Prepare a preliminary construction cost estimate. Set budgets for proposed amenities.
 Obtain quotes/proposals of differing manufacturers for the site amenities.  Prepare color site plan renderings illustrating the design and material selection.  Prepare a geotechnical report that includes infiltration and soil preparation recommendations.
 Meet with City Staff to review design concepts and estimate. Revise as needed based on input received.
 Provide design presentation of revised Design Development Drawings to City Staff for review and comment.

Construction Documents
Includes monthly status meetings, reports of work, schedule updates and meeting minutes of all communication and action items.

HAI is responsible for developing and assembling Contract Construction Bid Documents (“Bid Documents”) for advertisement and bidding the Project for construction. The Bid Documents shall include all necessary documents to be constructed, Construction Plans and supporting documentation for a complete biddable set. Furthermore, HAI shall provide Technical Specifications and Cost Estimates associated with the design plans.

All Bid Documents shall be prepared and stamped by a CA licensed Landscape Architect. 492
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The design shall comply with all latest applicable codes, guidelines, and standards. Plans to be drawn at 1”=20’ and include the following:
 Title/Index Sheet
 Demolition/Protection Plan
 Construction Plans and Details, notes
 Landscape Modification Plans, Details and notes
 Irrigation Modification Plans, Details and notes
 Technical Specifications – City shall prepare the boiler plate specifications  Probable Construction Cost Estimates with back-up/support information on quantities and unit prices
All applicable plans, technical specifications and construction cost estimates shall conform to City templates. All submittals shall be thoroughly checked as part of the Consultants QA/QC program, inclusive of any independent plan check process. All redlines shall be attached to each re-submittal with a summary matrix of comments, edits, and responses provided noting where the revisions have been incorporated into the specific deliverable as necessary.

FINAL DESIGN DELIVERABLE FORMAT
From Plan Check Review Comments
Final Bid Package Submittal (100% PS&E):
 Full Construction Bid Ready Plans (1 PDF file for City duplication and printing and Autocad files)
 Specifications (PDF and DOC file formats)
 Project Cost Estimate (Excel file, and PDF)
 All Supporting Documents (PDF and/or DOC)
Bidding
HAI team shall be available throughout the advertisement and bidding period to provide technical
assistance to the City. This requires assistance with bidder's inquiries, preparation of addenda, and attendance at the pre-bid field meeting. Bidding procedures shall be the responsibility of the City.
 Respond to Requests for Information (RFIs) during the project advertisement period, and log questions and responses.
 Prepare project addenda at the direction of the City.  Attend the pre-construction meeting, job walk
Construction Support
 Prepare the Pre-Construction meeting agenda for the City’s review. The following items will be reviewed at the Pre-Construction meeting:
o Plans, Specifications and Inspection Process
o Submittals and the approval process
o City and State Funds
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o Impacted Utilities, Coordination with the City, Departments, and other impacted agencies
o Coordination with schools, residents, businesses and similar entities o Public Notices, construction schedule, and traffic control (if needed) o Encroachment Permits, if any
o Agreed communication
o Weekly Statement of Working Day Reports, contract time and progress meetings
o Contract Change Order (CCO) process
o Final project walkthrough, punch list items, preparation of as-built drawings and project acceptance
 Conduct preconstruction meeting with City and Contractor. Prepare meeting minutes and distribute to all parties.
 Review contractor payment requests and provide City opinion of work completed.  Coordinate with City project manager, city staff and inspector as necessary during construction.
 Review contractor prepared construction schedule and verify adherence during the life of the project. Update schedule and progress verification as field operations continue and change original schedule.
 Review and approve product submittals and shop drawings in accordance with construction documents.
 Attend on-site project meetings to review work of the contractor. Prepare written reports of meetings for distribution to all parties. Document what work is taking place and compare to project schedule. Photo document and include in project log of meetings and minutes.
 Coordinate with all parties by telephone, fax and e-mail as necessary.  Contract Change Orders (CCOs) may be requested by the City, Contractor or design engineer. When a proposed change is requested, HAI will determine the need for the change, check for conformance to standards, consider other remedies, method of compensation, impact on contract time, estimate of cost, and the likelihood of final approval.
 If HAI finds the proposed change is reasonable, a proposed change order file will be established. Documents prepared by HAI regarding the Change Order will be given to the Contractor for pricing. HAI will review and evaluate the Contractor’s CCO proposal. Based on the review, HAI will provide a recommendation to the City.
 Observe and approve all soil preparation material, planting methods, and finish grading prior to planting. Visit local Nursery and tag plant material for project.  Observe the inspection of the installation of all landscape and irrigation equipment.
 Respond to contractor’s Request for Information (RFI’s) and other questions during project construction.
 Conduct substantial completion review and Contractor and prepare punch list.

Review and approve punch list items upon their completion.  Review and approve all contractor supplied closeout items, manuals and charts for irrigation system, lighting and building as specified in the contract specifications.
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Prepare Record Drawings (As-Builts)
 Within 20 days following the completion and acceptance of the project, furnish the City with a complete set of revised original drawings showing as-built conditions. The as-built plans shall be prepared based on as-built information provided by the City’s Construction Manager and the Contractor.

SCOPE OF SERVICES
Washington Charter Park (CPK00008)
Conceptual Design
 Review existing data, such as as-builts and record drawings.  Photo document and conduct site analysis to evaluate the opportunities and constraints of the site.
 Conduct a site visit to record existing conditions of the improvement area such as curbs & gutters, sidewalks, walkways and ramps, light poles, fences and walls, drainage inlets, visible above ground utility installations, trees, etc.  Synthesize data received and compare with site analysis findings to finalize site assessments and prepare the analysis report. Review report with City Staff, revise as necessary.
 Obtain and review utility information within the public right of way and park site.  Develop provisions to accommodate existing and new utility facilities (e.g., maintained in place, removed, adjusted, abandoned, or installed).  Effectively identify utility locations and resolve conflicts on proposed plans to keep the project on schedule.
 Undertake preliminary investigation with SCE to determine the existing power supply and adequacy to service proposed improvements.
 Prepare Design Development plans utilizing the city provided survey as the base sheet. The design shall be predicted upon the conceptual plan approved by the City.
495
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 Prepare a preliminary construction cost estimate. Set budgets for proposed amenities.
 Obtain quotes/proposals of differing manufacturers for the site amenities.  Prepare color site plan renderings illustrating the design and material selection.  Prepare a geotechnical report that includes infiltration and soil preparation recommendations.
 Meet with City Staff to review design concepts and estimate. Revise as needed based on input received.
 Provide design presentation of revised Design Development Drawings to City Staff for review and comment.

Construction Documents
Includes monthly status meetings, reports of work, schedule updates and meeting minutes of all communication and action items.

All Bid Documents shall be prepared and stamped by a CA licensed Landscape Architect and Structural Engineer for DSA submittal process. The design shall comply with all latest applicable codes, guidelines, and standards. Plans to be drawn at 1”=20’ and include the following:
 Title/Index Sheet
 Demolition/Protection Plan
 Construction Plans and Details, notes
 Landscape Modification Plans, Details and notes
 Irrigation Modification Plans, Details and notes
 Site Structural details, calculations and notes
 Technical Specifications – City shall prepare the boiler plate specifications  Probable Construction Cost Estimates with back-up/support information on quantities and unit prices.

FINAL DESIGN DELIVERABLE FORMAT
From Plan Check Review Comments
Final Bid Package Submittal (100% PS&E):
 Full Construction Bid Ready Plans (1 PDF file for City duplication and printing and Autocad files)
 Specifications (PDF and DOC file formats)
 Project Cost Estimate (Excel file, and PDF)
 All Supporting Documents(PDF and/or DOC)
Bidding
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BBK 72500.00001\32374915.1
HAI team shall be available throughout the advertisement and bidding period to provide technical
assistance to the City. This requires assistance with bidder's inquiries, preparation of addenda, and attendance at the pre-bid field meeting. Bidding procedures shall be the responsibility of the City.
 Respond to Requests for Information (RFIs) during the project advertisement period, and log questions and responses.
 Prepare project addenda at the direction of the City.  Attend the pre-construction meeting, job walk
Construction Support
 Prepare the Pre-Construction meeting agenda for the City’s review. The following items will be reviewed at the Pre-Construction meeting:
o Plans, Specifications and Inspection Process
o Submittals and the approval process
o City and State Funds
o Impacted Utilities, Coordination with the City, Departments, and other impacted agencies
o Coordination with schools, residents, businesses and similar entities o Public Notices, construction schedule, and traffic control (if needed) o Encroachment Permits, if any
o Agreed communication
o Weekly Statement of Working Day Reports, contract time and progress meetings
o Contract Change Order (CCO) process
o Final project walkthrough, punch list items, preparation of as-built drawings and project acceptance
 Conduct preconstruction meeting with City and Contractor. Prepare meeting minutes and distribute to all parties.
 Review contractor payment requests and provide City opinion of work completed.  Coordinate with City project manager, city staff and inspector as necessary during construction.
 Review contractor prepared construction schedule and verify adherence during the life of the project. Update schedule and progress verification as field operations continue and change original schedule.
 Review and approve product submittals and shop drawings in accordance with construction documents.
 Attend on-site project meetings to review work of the contractor. Prepare written reports of meetings for distribution to all parties. Document what work is taking place and compare to project schedule. Photo document and include in project log of meetings and minutes.
 Coordinate with all parties by telephone, fax and e-mail as necessary.  Contract Change Orders (CCOs) may be requested by the City, Contractor or design engineer. When a proposed change is requested, HAI will determine the need for the change, check for conformance to standards, consider other remedies, method of compensation, impact on contract time, estimate of cost, and the likelihood of final approval.
497
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Exhibit “A-I”
Revised 01-2024
BBK 72500.00001\32374915.1
 If HAI finds the proposed change is reasonable, a proposed change order file will be established. Documents prepared by HAI regarding the Change Order will be given to the Contractor for pricing. HAI will review and evaluate the Contractor’s CCO proposal. Based on the review, HAI will provide a recommendation to the City.
 Observe and approve all soil preparation material, planting methods, and finish grading prior to planting. Visit local Nursery and tag plant material for project  Observe the inspection of the installation of all landscape and irrigation equipment.  Respond to contractor’s Request for Information (RFI’s) and other questions during project construction.
 Conduct substantial completion review and Contractor and prepare punch list.

Prepare Record Drawings (As-Builts)
 Within 20 days following the completion and acceptance of the project, furnish the City with a complete set of revised original drawings showing as-built conditions.

The as-built plans shall be prepared based on as-built information provided by the City’s Construction Manager and the Contractor.
498
Contract No. ___________
Exhibit “B”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT "B"

SCHEDULE OF SERVICES
The term of this Agreement shall be from July 01, 2025, to June 30, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
 Notice to Proceed (NTP): November 2024
 Assessment and Data Collection: Month 1 from NTP
 Analysis: Month 2 from NTP
 Preliminary Landscape Master Plan Phase: Month 3 from NTP  Final Landscape Master Plan Phase: Month 4 from NTP
499
Contract No. ___________
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT "C"

CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 12th day of June, 2025, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and Hermann Design Group, an S Corporation, with its principal place of business at 77899 Wolf Road, Suite 102, Palm Desert, CA 92211 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Project.

The City is a public agency of the State of California and is in need of professional services for the following project:

Homme Adams Park Engineering and Design Project
Project No. CPK00005
(hereinafter referred to as “the Project”).

2.2 Consultant.

3. Terms.

3.1 Scope of Services and Term.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will 505
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determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.6 Consultant's Representative. Consultant hereby designates Chris Hermann, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, 506
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using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects 507
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thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of 508
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employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.2.11 Insurance.

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement.
(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant
may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
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(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part
for any reason;
(2) Pay on behalf of wording as opposed to
reimbursement;
(3) Concurrency of effective dates with primary
policies; and
(4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(F) Fidelity Coverage. (Reserved)
(G) Cyber Liability Insurance. (Reserved)

3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide
certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it 510
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deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. 511
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(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions. (M) Pass Through Clause. Consultant agrees to ensure
that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that selfinsured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water 512
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Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Seventy-Two Thousand One Hundred Seventy Dollars ($172,170.00) without written approval of the City Council or City Manager, as applicable.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
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3.4 Labor Code Requirements.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete 514
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and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

Consultant: Hermann Design Group
77-899 Wolf Road, Suite, 102
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Palm Desert, CA 92211
ATTN: Chris Hermann, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard 516
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to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.4 Indemnification – Documents and Data.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to 517
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the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information.

3.6.5 [Reserved]

3.6.6 Indemnification.

3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
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3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 519
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3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND HERMANN DESIGN GROUP
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

HERMANN DESIGN GROUP, AN S

CORPORATION
By:

Chris Hermann
President
By:

Kristin Moore Hermann
Secretary
City Clerk QC: _____
Contract QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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EXHIBIT “A”

SCOPE OF SERVICES
HOMME ADAMS PARK (CPK00005)
HOMME ADAMS PARK – PARKING/ SHADE STRUCTURE/RESTROOM/PARK

FURNITURE
• Base, boundary, elevations
• Parking: Civil work needed for layout, ADA requirements/path of travel • Shade Structure: Manufacturer, structural, color scheme • Restroom, utilities, water/sewer
• Park Furniture: Manufacturer, benches, tables, ADA considerations, BBQ, trash receptacles
A. Project Kick-off Meeting
The project team and City staff will meet to review project scope, programming, budgets, and design objectives to gain further understanding of the community needs and workshop process requirements. We will discuss the vision and schedule, identify opportunities, and discuss constraint information that might affect development/redevelopment of the project site. A written summary will be prepared for staff after the meeting.

B. Site Visits
The consultant team and City staff will review the project sites and prepare a summary of options and ideas for each site with specific notes concerning the conditions of the sites and existing opportunities and constraints. This on-the-ground, active participation, of not only the design team, but also the client team, provides a wealth of information regarding the options available.

C. Data Collection
Review of existing conditions and adjacent land uses, research and data collection will be undertaken during this task. We will review previously prepared surveys and mapping for the project sites provided by the City. This includes field staff completing a site visit to collect current data of the project site and surrounding areas to verify location of monuments, roadways, and visual utilities We will coordinate with the City to obtain available digital and hard-copy work for the project prepared to date. We will review said data (e.g., topographic maps, utility maps, etc.) and provide the City with recommendations for additional studies or preliminary work which may need to be performed. The team will concentrate on a review of the physical limitations and opportunities of the sites including drainage, existing vegetation, existing utilities, 522
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external influences, parking and access needs, pedestrian and vehicular circulation requirements, and the relationship of adjacent developments.

D. Aerial Topographic Survey – Optional
We will contract with a licensed photogrammetrist to provide 1”=40’ scale aerial mapping for the
project site. Said mapping will have 1’ contours and 0.1’ spot elevations. The digital aerial topography will be accurate so that 90% of all contours will be within half the contour interval and the spot elevations will be within one-quarter the contour interval.

The horizontal accuracy of 90% of planimetric features shall be better than 1/30th of an inch at the mapping scale. The task includes providing the required office support, setting control and the aerial premarks as required by the photogrammetrist subconsultant. Additional field and office time is provided to supplement the aerial and provide more detailed “tie-in” information for preliminary and final design. Additional information may include, but is not limited to, edge of pavement/curb and sidewalk elevations, location of above ground utilities, and other features which are directly adjacent to the project site. Consultant will prepare a digital topography file (AutoCAD format) which includes the site with overlap, including adjacent street frontage.

E. Base Sheets
We will develop base sheets of the project areas at an appropriate scale for master planning the
project.

PUBLIC ENGAGEMENT PLAN
The HDG team will work with staff to develop outreach and engagement strategies that will elicit valuable information needed to inform the park designs. Engagement will be driven by a Public Engagement Plan based on the TIERS (Think, Initiate, Engage, Review, Shift) framework detailed by the Institute for Local Government to effectively identify and incorporate the public’s ideas and recommendations. The City of Palm Desert’s website https://www.engagepalmdesert.com/ will be incorporated, where possible.

As a means of securing the widest possible reach and participation, we will plan and facilitate a series of stakeholder and community meetings to garner input and determine the location and priorities for design. These meetings will serve as an opportunity to distribute printed material and answer questions from the public.

We will interact with and make regular presentations to the City’s Parks and Recreation Commission and City Council to ensure leadership has all available data necessary for making a thoughtful decision on the project. A final Public Engagement Report will summarize the findings from this process.

GOALS:
 Develop a custom plan to generate public participation and solicit constructive feedback on site location and park design
 Assess effectiveness of engagement efforts and course correct as necessary 523
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 Create community awareness and excitement, garnering buy-in for continued participation in the process
 Effectively convey the public’s vision for the new park to the design team  Gather input from the public on a name for the park
TIERS FRAMEWORK:

THINK
Kick-off Meeting
Meet with City staff to establish agreed upon scope of work and timeline. Discuss the City’s narrative and preferred meeting style and locations, identify stakeholders, and determine preferred methods and language components of outreach.

INITIATE
Public Engagement Plan
Using all sources of input and knowledge of industry best practices, develop an engagement plan with recommended strategies and communication tools as well as a detailed timeline that provides a comprehensive road map, guiding engagement with all residents. The plan will utilize the TIERS framework, emphasizing different styles of meetings and allowing us to course-correct as necessary.

Key Messages
Create talking points for those who speak to the media or public.

Website
Create a project web page to inform stakeholders of progress and provide key information, including meetings, a videotaped meeting-to-go for those who can’t attend, a map, infographics, and timeline.

Printed Outreach Materials
Develop targeted outreach materials, including mailers, brochures, signage, FAQs, and other collateral to communicate about meetings and other opportunities for feedback in a clear and straightforward manner. Translation services will be provided.

Social Media
We will assist the City with content and visuals, including meeting notices, videos, and renderings, for use on the City’s Facebook page.

ENGAGE
Outreach Meetings
Facilitate public meetings to educate residents and gather their input on the project.

Meetings will be promoted through social media, flyers, email, and advertising. At least two (2) community meetings will be held.

Meeting Program
In consultation with staff, HDG will develop the program and presentation for the outreach meetings as well as sign-in sheets, signage, etc.

REVIEW
Updates
We will provide regular progress updates to City staff, the Parks and Recreation Commission, and the City Council throughout the engagement process. We will evaluate the success of outreach to determine what is working and what can be 524
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improved upon. Communications will be conducted at in-person meetings and presentations, via email, and through our project management system.

Public Engagement Report
We will produce a formal report recording all public and stakeholder engagement efforts and results. The report will detail and analyze public feedback, including a list of preferred amenities. The report will be presented to the City’s Parks and Recreation Commission and City Council for their input.

SHIFT
Follow-up Survey
A follow-up survey will be conducted to evaluate the effectiveness of the campaign and pivot outreach as needed. We will recommend any necessary changes to City staff for final determination by the Parks and Recreation Commission and City Council.

COMMUNITY WORKSHOPS
Design Workshop #1
Using images of the parks in an aerial view, we will introduce the project goals and describe the site in a community meeting in Palm Desert. We will gather names and email addresses and provide an opportunity to utilize Survey Monkey, a technology used to conduct surveys and analyze data. We will provide an assortment of sports park and recreational amenities for the community to select from. This data will be compiled into a master list for reference during the conceptual planning phase.

Design Workshop #2
We will illustrate three (3) conceptual plans that reflect their input from the survey data and allow the public to comment. The outcome of this meeting will be to refine the direction for a conceptual plan. All three (3) design options will be data-driven to varying extents. This information will be included in the presentation of each design option.

PUBLIC ENGAGEMENT REPORT
We will document input from all engagement meetings. This information will be compiled and analyzed in a Public Engagement Report to derive data upon which design decisions will be based. We will provide a report to the City summarizing public engagement methods, events, and outcomes.

The Public Engagement Report is anticipated to be presented at a City Council meeting approximately three (3) months from the contract start date. This report will provide a list of amenities that are needed at the park based on analysis of public engagement data.

Input from the City Council will dictate whether additional public engagement is needed, or the Consultant may move forward with the final design.

PRELIMINARY PLANNING

CONCEPTUAL PLANS
We will prepare conceptual plans that illustrate the scale and relationship of the park area utilizing input from the community and City on the type and quantity of sports field and park amenities desired. The plans will illustrate options for vehicular access, pedestrian access, field layout, spectator seating, restrooms/concession areas, and other park amenities. We will provide renderings of the park features that meets the 525
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established community needs and is welcoming, inviting, and enjoyable for a variety of users. The design plans developed during this task will be of presentation quality and will include colored graphic representations of the proposed park site improvements.

We will work to identify the recommended core programs for the site. This will include key activities and programs for both adult and youth participants as well as the potential size of the core program, and market positioning. This information will be presented in a Visioning Session with the appropriate participants to finalize a recommended program plan from which the operational and finance plan will be created. The outcome of this task will be used to establish performance and management/partnership alternatives.

A. Preliminary Exhibits
We shall prepare preliminary exhibits for City review as follows:
 Conceptual layout of the overall park depicting landscaping areas, sight lines, viewing, and pedestrian areas,
 Refine and adjust the location of park amenities, and  Include choices for trees, shrubs, and hardscape, and will address issues such as cost, maintenance, sustainability, and image.

B. Final Conceptual Plan
After reviewing the conceptual plan and exhibits with the City, we will make refinements and create a color-rendered master plan. The final conceptual design plan will facilitate and support both the surrounding community and regional needs. This includes a thorough understanding of the current and planned regional park facilities and related amenities in the Coachella Valley.

C. Site Plan
We will prepare a calculated site plan for the proposed project in digital (AutoCAD) format. Said plan will be based on a conceptual site plan or site layout and building footprints provided by the Architect. We will confirm building setbacks, vehicular and pedestrian accessibility, hardscape layout, preliminary utility layout, and preliminary grading, drainage, and on-site retention (if any).

One (1) round of review and adjustments based on City comments will be included.

Upon Client
approval of the preliminary site plan, we will prepare a dimensioned Site Plan Exhibit, to scale,
identifying building locations/setbacks, roads, and internal parking/circulation, property lines and
easements, tabulations, and other required site information. The Site Plan Exhibit will be used by the entire design team in completing the entitlement documents package. One (1) round of review and minor revisions are included based on Agency comments.

D. Soil Testing
Geotechnical services are intended to provide information for use in the design and construction of the proposed park facilities along with recommendations for the construction of the associated site improvements. We will perform the following services:
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Coordinate with the local underground utility locating service (Underground Service Alert) to obtain an underground utility clearance before starting our subsurface investigation.

Review available published geotechnical literature and maps.

Drill 3 to 5 Hollow stem Auger borings to an anticipated depth of on the order of 10 to 65 feet below the existing ground surface. Collect soil samples to determine subsurface soil conditions and depths to groundwater, if any. The borings will be backfilled with soil cuttings.

Collect representative bulk and/or undisturbed soil samples for laboratory analysis.

Perform laboratory testing of selected soil samples to evaluate their engineering characteristics. Testing will include determination of in-situ and maximum dry density, in-situ and optimum moisture content, soluble sulfate and chloride content, soil pH, and minimum resistivity.

Prepare a geotechnical report presenting the results of our evaluation and recommendations for the proposed development in general conformance with the 2022 California Building Code (2022 CBC) and in accordance with applicable local jurisdictional requirements. A horticultural soils analysis will be performed during the site survey and research phase.

E. Preliminary Grading and Drainage Exhibit
Based on the client approved site plan, we will prepare a preliminary grading and drainage analysis in support of the preferred preliminary site plan. A site specific geotechnical report or update letter (to be provided by client) will be required.

Said report should be comprehensive and include the following items/recommendations at a minimum: site borings, building pad preparation, foundations and flatwork, soil characteristics for earthwork (shrinkage, subsidence and over-excavation), paving sections, corrosion protection for concrete, and site specific percolation testing for storm water retention requirements. A preliminary analysis of earthwork (assumed to be minor) is also included.

We will prepare the Preliminary Grading and Drainage Exhibit which will illustrate overall site grading with horizontal and vertical relationship to adjoining buildings/property. The plan may identify setbacks; proposed site improvements including building structures; building pad elevations, surface grades, street geometry with grades and elevations, cross sections, slopes, drainage patterns and on-site retention/detention and/or flood routing (if any); parking lot/hardscape; ADA access and driveways. The preliminary grading and drainage exhibit will be submitted as part of the entitlement documents package and will be used as the basis for a final grading plan. One (1) round of review and minor revisions are included based on Agency comments.

F. Preliminary On-Site Hydrology Report
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We will prepare a preliminary on-site hydrology analysis to confirm drainage paths, preliminary pipe sizes and size of retention areas (if any). A Preliminary On-Site Hydrology Report may be prepared based on agency requirements and later utilized as the basis for a final hydrology report (to be prepared during final design). Only minor drainage improvements are anticipated for the project. We assume the site is not subject to off-site flows (beyond the property limits) or floodplain mapping (CLOMR/LOMR) requirements. An exhibit identifying existing drainage paths may be prepared as part of this task, included in the report and submitted as part of the entitlement documents package. One (1) round of review and minor revisions are included based on Agency comments.

G. Architectural Design - Optional for Restrooms
If new restroom buildings require an architect. Our services include a presentation of the architectural concepts for the layout and character of the proposed park restroom buildings. Individual buildings shall be developed through the schematic design phase and rendered (as part of the presentation materials) in sufficient detail to demonstrate the building configurations, siting/orientation, interior spaces, elevations of all sides, and labelled to identify building materials. The City anticipates that, restrooms will be required for Homme Adams Park and Randall Henderson Trailhead. If the city decides to use pre-engineered buildings, architectural services will not be required.

H. Opinion of Probable Cost Projection
We will prepare a detailed breakdown of the probable construction costs by unit and quantities and construction phase. We will prepare one (1) preliminary cost estimate in support of opinions of probable construction costs for all project-related items including grading, drainage, access improvements, sewer, and water facilities, site amenities, landscaping, and irrigation as it pertains to a particular project site. Said estimate will be prepared in HDG format using MS Excel and will include unit costs and quantities by major construction item. The preliminary estimate will be based on the preliminary plans prepared by HDG. Unit prices will be based on available record information for similar projects available at the time but may not necessarily reflect actual construction costs.

The preliminary estimates will be used as a basis for the final cost estimates to be prepared during final design for bonding purposes. One (1) round of review and minor revisions are included based on Agency comments.

I. Park Management Plan

1. We will develop a Park Management Plan which includes water management, electrical/lighting, landscape, and facility upkeep (and their appropriate timelines) to adequately maintain park facilities included in the final design. Energy conservation, use of solar energy, electric vehicle charging, environmental protection, and greenhouse gas emissions reductions will be incorporated into the design to the extent possible within the project budget.

2. The Park Management Plan will include the ongoing maintenance of mitigation measures identified in the Mitigated Negative Declaration for the Millennium Specific Plan. We will coordinate with the City’s Public Works Department to convey information about the management tasks related to the Park.

3. We will establish operational and maintenance standards and costs for the park based on full operations. This will include hours of operation, reservation of 528
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space processes staffing levels needed, maintenance equipment needed, technology requirements and customer service requirements based on established and agreed upon outcomes. Where appropriate, personnel standards as dictated by all state and/or local codes and ordinances will also be determined based on the design and program of the park.

L. Project Schedule
We will prepare a project schedule to serve as a “roadmap” for the construction of the park projects.

M. Environmental Analysis (Assume CEQUA will be exempt, optional NEPA Categorical Exclusion if the Citywill use Federal Funding )- Homme Adams Park and Randall Henderson Trailhead

1. Biological Resources Assessment

2. Cultural Resources Assessment

3. Paleontological Resource Assessment (OPTIONAL)

4. NEPA Categorical Exclusion and Noticing (OPTIONAL)

CONSTRUCTION DOCUMENTS
The project team as it pertains to this scope of services will prepare the following working drawings:

A. Site Plan Reconciliation
We will prepare an updated AutoCAD base file for the site plan that will serve as the base drawing for all team members.

B. Precise Grading Plan
We will prepare one (1) Precise Grading Plan based on the approved preliminary grading and drainage exhibit and final conditions of approval. The Precise Grading Plan will be prepared at 1”=20’ scale and in accordance with agency requirements. Plans may identify building location with finished floor/pad elevations, on-site grading, storm drain and retention facilities if required, site lighting (location and photometrics by architect), ADA accessibility, parking improvements, wall locations and elevations at all required locations. Plan sheets may consist of the following: a title sheet, detail sheet, horizontal control sheet, storm drain sheet(s), and grading sheet(s). Minor demolition and pavement removals will be identified on the grading sheet(s) if required.

The digital base files (AutoCAD format) used for preliminary design will also be used as the for the precise grading plan. Retaining walls are not anticipated in the design and are not included as part of this scope or fee. One (1) earthwork calculation will be prepared based on the final grading design.

The precise grading plan will be coordinated with the consulting team’s improvement plans prepared by others. No off-site improvements are included in this scope. The plan will be processed to permit availability at the agency and minor corrections are included through the plan review process. Up to three submittals are anticipated.

C. Final Utility Plan
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If required, we will prepare two (2) Final Utility Plan for on-site water and on-site sewer improvements. The plan will be prepared to scale and in accordance with agency requirements. Said improvements could include a “tie-in” to the existing, adjacent onsite water or sewer system, or preparation of a septic plan for the proposed improvements.

No hydraulic network analysis, sewer capacity, or sizing calculations are included. We will submit the plan and minor corrections are included in the review process. Easement documents are not anticipated or included in this task.

D. Final On-Site Hydrology Report
A final on-site hydrology report will be prepared using agency design criteria to determine any
on-site retention requirements and storm drain sizing for the on- site developed flows.

The final
on-site hydrology report will be based on the preliminary on-site hydrology analysis (prepared during entitlement) and will determine sizing or modification of any on-site storm drain facilities.

Only minor drainage improvements are anticipated for this project. For purposes of this proposal, we have assumed no off-site drainage analysis or floodplain mapping (CLOMR/LOMR) is required. A simple exhibit may also be included as part of the report.

The report will be processed along with the project plans and minor corrections are included through the review process.

E. PM – 10 Dust Mitigation Plan
We will prepare one (1) PM-10 plan for dust control on the project. The plan will prepared in accordance with the agency and South Coast Air Quality Management District Requirements.

F. Construction Plan and Details
This plan will illustrate all site construction elements in plan view with dimensions, details, and
selections of materials. Including playgrounds, site furnishings, and shade structures.

G. Planting Plan and Details
This plan will illustrate the location of all new plant material. A plant legend will describe the Latin and common names, sizes, and remarks for each plant shown on the plan.

Details will be provided as required.

H. Irrigation Plan and Details
This plan will illustrate the location of all new irrigation components and pumps to be installed. Details will be provided as required. Irrigation water budget calculations are included. Water district submittals and approval are included, as are plan check comments relative to gaining approval.

I. Architectural Services - 0ptional
This scope of work includes structural, mechanical, plumbing, fire protection, and building electrical engineering:
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1. Design and Construction Documents
Design and Construction Document drawings for the
architectural portion of the Project as necessary for
permitting and construction of the Work. Disciplines include structural engineering, mechanical/plumbing/electrical
engineering, Title 24 energy compliance, fire protection engineering, and building electrical engineering.

2. Specifications + Bid Documents
Prepare Technical Specifications in coordination with the Construction Documents for the architectural portion of the Project, as necessary for permitting, and construction of the Work.

J. Electrical Engineering
RTM will provide electrical engineering and lighting design services for the project as outlined below:

1. Provide landscape lighting design for all landscape areas.

2. Provide new electrical service(s) and circuiting for all lighting and ancillary power needs.

3. Provide an Exterior Lighting Title 24 Compliance Report for all general lighting.

4. Provide a complete set of electrical construction documents that includes:
 Electrical Site Plan
 Service and feeder to prefab restroom
 Branch circuiting for stage power
 Branch circuiting and controls for all lighting
 Panel board and schedules

5. Review all building department comments as required to obtain approval.

6. The construction documents shall include all general and specific notes and specifications.

7. Opinion of probable construction cost.

K. Construction Specifications and Bid Documents
Detailed project description, preparation of bid schedules, bid item descriptions, payment methods, special provisions, and technical specifications for the items covered under this scope of work will be provided.

L. Opinion of Probable Construction Cost
We will prepare a final opinion of probable construction cost for use in bidding documents and
determination of alternate bid item(s), if necessary, for the items covered under this scope of work. We will prepare one (1) Comprehensive Opinion of Probable Cost for all on-site and off-site site improvements for the project based on final improvement plans as submitted by the HDG team for approvals.

This Opinion of Probable Cost will also include all identifiable development and impact fees imposed on the Project by all applicable jurisdictional agencies and utility purveyors. Also included in the Opinion of Probable Cost will be estimated and/or 531
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contracted HDG costs in all consulting disciplines required to complete the Client’s goals for the Project. Unit costs will be verified with local, qualified contractor’s sources and based on HDG’s experience with other similar, recent projects. HDG will provide a draft estimate to the Client for review. The format will be based on HDG’s standard estimate template (MS Excel format) and a final copy will be provided to the Client in .PDF format.

M. Project Management, Meetings, and Coordination
The project team will provide project management, attend project meetings, and coordinate with
the City as required to complete the project scope as outlined within the scope of services. In the event the project requires additional coordination due to added scope, a contract amendment will be requested prior to incurring budgetary overruns.

N. Agency Approval
We will submit to the City all plans, specifications, estimates, and/or other necessary documents
required to obtain approval. The following plan check submittals are included:
1st Review Design Development Review
2nd Review 65% Check Plans and Specifications
3rd Review 100% Check Plans and Specifications
4th Review Preliminary Final (Screen Check)
We will make revisions as required by the City and resubmit plans for approval. Final plans will be submitted to the water district and Riverside County Agricultural Commission for approval.

BIDDING AND CONSTRUCTION SUPPORT
We will provide an electronic copy of the final approved plans. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format.

The City will be responsible for making copies of contract documents and will distribute to plan rooms and contractors. We will respond to questions that arise during the bid phase and prepare addenda which will be distributed by the City as necessary.

Bidding procedures will be the responsibility of the City. While the PS&E construction package is being advertised for bids, all questions concerning the intent will be referred to the City for resolution. In the event that any items requiring interpretation in the drawings or specifications are discovered during the bidding period or bid opening, said items will be analyzed by HDG for decision by the City as to the proper procedure required. Corrective action taken will either be in the form of an addendum prepared by HDG and issued by the City, or by a covering change order after the award to the construction contract.

We will attend the pre-bid and pre-construction meetings upon notification by the City.

During construction and if authorized by the City, the Consultant shall furnish all 532
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necessary drawings for corrections, requests for information (RFI) and change orders.

We will review and approve submittals and shop plan drawings submitted by the construction contractor.

CONSTRUCTION SERVICES
Construction Observation Services
We will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of the work completed, and to determine, in general, if the work observed is being performed in accordance with the contract documents. We will keep the City reasonably informed about the progress and quality of the work completed and report to the City any known deviations from contract documents, the current edition of the construction schedule, and defects and deficiencies observed in the work.

We will provide Construction Observation Services upon request by the City. This section includes the services of all disciplines on the project team.

Process Submittals
We will review and approve or take other appropriate action upon the Contractor’s submittals including shop drawings, product data, and samples only for conformance with the contract documents.

Respond to Questions
We will review and respond to Requests for Information (RFI) about the contract documents submitted in the specified written form. Responses to such requests shall be in writing. As appropriate, responses shall be accompanied by supplemental drawings and/or specifications in response to Requests for Information.

Project Close-out
When the work is found to be substantially complete, we will prepare a Punch List identifying work yet to be completed, work that is not in conformance with contract documents, or needs to be corrected, repaired, or replaced. The Punch List will be issued to the Contractor and to the City.
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EXHIBIT "B"

Prospectively, the City anticipates the schedule of work as follows:
 Notice to Proceed (NTP): November 2024
 Assessment and Data Collection: Month 1 from NTP
 Analysis: Month 2 from NTP
 Preliminary Landscape Master Plan Phase: Month 3 from NTP  Final Landscape Master Plan Phase: Month 4 from NTP
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EXHIBIT "C"

CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 12th day of June, 2025, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and In-Site Landscape Architecture, Inc, an S Corporation, with its principal place of business at 2907 Shelter Island Drive, Suite #105-417, San Diego, California 92106 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Project.

The City is a public agency of the State of California and is in need of professional services for the following project:

Randall Henderson Trailhead and Freedom Park Engineering and Design Project
Project No. CPK00009, MPK00001
(hereinafter referred to as “the Project”).

2.2 Consultant.

3. Terms.

3.1 Scope of Services and Term.

3.1.2 Term. The term of this Agreement shall be from July 01, 2025, to June 30, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 539
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3.2 Responsibilities of Consultant.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.6 Consultant's Representative. Consultant hereby designates Tim Jachlewski, President, or his/her designee, to act as its representative for the 540
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performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the 541
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services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the 542
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Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.2.11 Insurance.

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement.
(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant
may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set 543
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forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part
for any reason;
(2) Pay on behalf of wording as opposed to
reimbursement;
(3) Concurrency of effective dates with primary
policies; and
(4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(F) Fidelity Coverage. (Reserved)
(G) Cyber Liability Insurance. (Reserved)

3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide
certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
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(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers 545
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and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions. (M) Pass Through Clause. Consultant agrees to ensure
that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that selfinsured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated 546
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by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Thousand Fifty-One Dollars ($400,051.00) without written approval of the City Council or City Manager, as applicable.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution 547
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of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.4 Labor Code Requirements.

3.5 Accounting Records.

3.6 General Provisions.

3.6.1 Termination of Agreement.

The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant: In-Site Landscape Architecture, Inc.
2907 Shelter Island Drive, Suite 105-417
San Diego, CA 92106
ATTN: Tim Jachlewski, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

Consultant represents and warrants that Consultant has the legal right to license any and 550
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all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.4 Indemnification – Documents and Data.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days 551
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after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information.

3.6.5 [Reserved]

3.6.6 Indemnification.

3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
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3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 553
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3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND IN-SITE LANDSCAPE ARCHITECTURE, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

IN-SITE LANDSCAPE ARCHITECTURE,

INC, AN S CORPORATION
By:

Tim Jachlewski
President
By:

Tim Jachlewski
Secretary
City Clerk QC: _____
Contract QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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EXHIBIT “A”

SCOPE OF SERVICES
RANDALL HENDERSON TRAILHEAD (CPK00009)
FREEDOM PARK (MPK00001)
Description of Services:

TASK I – PUBLIC ENGAGEMENT

1. PROJECT INITIATION
In addition to necessary technical-focused meetings with City and utility owners which may or may not need to be in person, the Consultant(s) shall make provisions to conduct the following:
1A) In-person kick-off meeting - Consultant(s) will plan and attend a kick-off meeting with City staff to ensure clarity and mutual understanding of the scope of work. This meeting will serve as an opportunity to acquire all relative input about the project area including phasing, site and budgetary constraints, and objectives. This meeting will also provide a review of the scope of services, goals, planning and design, maintenance and operation, utility improvements, construction planning, and budget.  City staff will provide a budget range for the construction of the final project design.

The Consultant(s) will ensure all project design options are within the specified budget range.
 A timeline will be established and agreed upon at the project kick-off meeting. This timeline will be followed for the duration of the project. Copies of the approved schedule shall be provided to all key members and City staff. Changes to the timeline will be submitted to the Public Works Director for review and approval. 1B) Monthly in-person/ web-based progress meetings with City Deliverables:
o Meeting Agendas
o Meeting Minutes
o Schedule

2. REVIEW AND DATA COLLECTION
To familiarize the project team with existing conditions and adjacent land uses, research and data collection will be undertaken during this task. It will concentrate on a review of the physical limitations and opportunities of the site including drainage, existing vegetation, existing utilities, external influences, parking and access needs, pedestrian and vehicular circulation requirements, and the relationship of adjacent developments.

This task will allow each ‘discipline” representative to make a site visit and perform a field investigation to familiarize themselves with the project site conditions.  City staff will provide relevant technical documents that have been developed for the site, including a topographic survey (in AutoCAD format) including boundaries, 556
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utilities, easements, etc. Consultant shall prepare a topographic survey only as an “optional additional task” if the City does not have a recent topographic survey.  Utility information will be provided by the City.
 City will provide record drawing as-builts if available.  City will provide irrigation controller charts if available.

Deliverables:
o Park Base Map generated from the topographic survey and City-provided documents
o Memorandum of existing conditions issues (if any)

3. PUBLIC ENGAGEMENT PLAN

3.A) The Consultant(s) will develop and execute a Public Engagement Plan to understand the community needs for the project. The Public Engagement Plan will be reviewed and approved for content and accuracy by City staff prior to execution. The Public Engagement Plan will be modeled after the Institute for Local Government TIERS Public Engagement Framework (https://www.ca-ilg.org/tierspublic- engagement-framework).

The City of Palm Desert’s website www.engagepalmdesert.com will be incorporated, where possible.

3.B) The Consultant(s) will plan and attend a meeting with City staff and Parks and Recreation Committee to collect information for the Public Engagement Plan.

3.C) The Consultant(s) will attend, present updates, and receive input at one Parks and Recreation Committee and any applicable Sub-Committee meeting.

3.D) The Consultant(s) will incorporate one stakeholder/community engagement meetings prior to and during the design process. The initial public meeting will be focused on information gathering, in which the project team will be introduced to the community to express ideas for improvements based on the City’s initial outline and goals.

Presentation materials and supplies will be provided to encourage involvement in design and begin prioritization of the improvements. A general consensus on the approach for the design will be sought for incorporation into conceptual design options to be presented at subsequent City meetings. Note: City the RFP said to assume one community meeting, secondary stakeholder/community meetings will be provided at the request of the City as an additional service fee (billed hourly).

3.E) The Consultant(s) will incorporate community input into the design drawings. An updated conceptual plan shall be prepared based upon input from staff, committees, and the community. Any modifications desired (and approved by the City) beyond what is presented in the revised plan shall be incorporated during the preparation of the final concept design.

3.F) Initial design considerations will include but are not limited to facilities and features listed in the Project Understanding section. Consultant will provide insight and recommendations about park improvements including lighting, park furnishings, etc. The exact improvements will be determined through the design and public engagement 557
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process. Off-site improvements are not included. Multiple design iterations are not included.

Deliverables:
o Public Engagement Plan
o Meeting Agendas
o Meeting Minutes
o Memorandum of Consultant Recommendations

4. PUBLIC ENGAGEMENT REPORT
The Consultant(s) will provide a report to the City summarizing public engagement methods, events, and outcomes.
 Consultant(s) will document input from all stakeholder and engagement meetings.

This information will be compiled and analyzed in a Public Engagement Report to derive data upon which design decisions will be based. All designs will be datadriven to varying extents. This information will be included in the presentation of each design.
 The Public Engagement Report is anticipated to be presented at a City Council meeting approximately three months from the contract start date. This report will provide a list of amenities that are needed based on analysis of public engagement data. Input from the City Council will dictate whether additional public engagement is needed, or the Consultant(s) may move forward with the final design.

Deliverables:
o Public Engagement Report
TASK II – PRELIMINARY PLANNING AND CONCEPTUAL DESIGN

5. CONCEPTUAL DESIGN
The Consultant(s) will provide a Conceptual Design Plan consisting of renderings of the project features that meet the established community needs and is welcoming, inviting, and enjoyable for a variety of users. The design plans developed during this task shall be presentation quality, color graphic representations of the proposed site improvements.  The final Conceptual Design Plan will facilitate and support both the surrounding community and regional needs. This includes a thorough understanding of the current and planned facilities and related amenities in the Coachella Valley.  Proposed restrooms based upon public engagement and coordination with City staff will be included. Restrooms shall be developed through the schematic design phase and rendered (as part of the presentation materials) in sufficient detail to demonstrate the building configurations, siting/orientation, interior spaces, elevations of all sides, and labeled to identify building materials. 558
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 The Consultant(s) will review all existing background technical reports for the site, including hydrology and drainage. Plans will include long term stormwater retention needs for the site if applicable.
 Energy conservation, use of solar energy, electric vehicle charging, environmental protection, and greenhouse gas emissions reductions will be incorporated in the design to the extent possible within the project budget.  The final Conceptual Design Plan will presented at Parks and Recreation Committee and City Council meetings for approval.

Deliverables:
o Conceptual Plan and Renderings
o Meeting notes from the Parks and Recreation Committee meeting o Meeting notes from the City Council meeting

6. PRELIMINARY COST ESTIMATE AND TIMELINE
The final Conceptual Design Plan will include an opinion of probable construction cost estimate, as specified during the project initiation phase. (Opinion of construction cost provided by Consultant is based on the information available to Consultant and on the basis of Consultant’s experience and qualifications, and represents its judgement.

However, since the Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over the construction contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant does not guarantee that proposals, bids, or actual construction cost will not vary from the opinion of construction cost that the Consultant prepares.) A timeline for the implementation of the Conceptual Design Plan will be included.

The estimate shall clearly demonstrate an itemized cost for the development and construction of the Park features, systems, utilities, etc. indicated in the Conceptual Design Plan documents. City staff will be given the opportunity to review the estimate for comment or adjustments. The initial cost estimate will be modified accordingly upon completion of the final Conceptual Design Plan.

Deliverables:
o Opinion of probable construction cost estimate
TASK III – CONSTRUCTION DOCUMENTS

7. PREPARATION OF CONSTRUCTION DOCUMENTS/ COORDINATION
The Consultant(s) shall perform professional and technical engineering, landscape design, and related design services to prepare design and feasibility studies, preliminary engineering, Plans, Specifications and Estimates (PS&E). The Consultant(s) will also coordinate with the City’s Building and Safety Division regarding building components for the project. A red line hard copy of the City’s plan check review comments will be returned 559
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to the Consultant(s). Two plan check reviews are anticipated prior to the submittal of the final product. The final submittal shall include all electronic files of and relating to the approved alignment (AutoCAD, GIS data and PDF files). The City will use the PS&E to advertise, award and administer one or more construction contracts.

Consultant and Subconsultants (as necessary) shall attend periodic web-based meetings with the Client to coordinate the project. (A total of six meetings are budgeted for this project.) Consultant shall coordinate the project with the City, its sub-consultants, and manufacturers.

Plans shall be submitted to the City at the 100% and Final stages for review and comment.

7.A) GEOTECHNICAL INVESTIGATION

7.A.1) – Field Exploration Program
Subconsultant (Verdantas) will excavate 1 to 3 borings at each park site, within accessible areas of the sites, or as near as feasible to the proposed improvements, to depths ranging from 15 to 20 feet below ground surface (BGS), or refusal. The number of borings at each site will depend on the proposed improvements and design. Borings will be advanced by a truck mounted hollow-stem auger drill rig and will be visually logged by a member of our technical staff. Representative bulk and relatively undisturbed soil samples will be collected. The borings will be backfilled with the soil cuttings upon completion. Verdantas will also contact DigAlert (811) prior to our fieldwork. For the purposes of budget control, Verdantas have assumed that borings at all park sites will be able to be performed during one mobilization.

In addition to the borings, at Homme Adams Park and Randall Henderson Trailhead, Verdantas will perform percolation testing to assist with on-site infiltration system design.

Percolation test holes will be drilled with a hollow-stem auger drill rig, during the same mobilization, to an average depth of 5 to 10 feet BGS, and testing will be performed in general accordance with Riverside County guidelines.

7.A.2) – Laboratory Testing
Laboratory tests will be performed on selected, representative soil samples to determine pertinent engineering properties. Tests may include sieve analysis, expansion potential, and maximum dry density/optimum moisture content.

7.A.3) – Geotechnical Analyses and Report Preparation/Deliverables Geotechnical data analyses will consist of review of existing in-house data and analyses of the collected data by the Professional Engineer. Verdantas will also prepare one report for each park site signed by a California registered Professional Engineer and Certified Engineering Geologist, summarizing the findings and conclusions of the exploration and provide geotechnical recommendations for foundation systems, including bearing capacities, lateral resistance, and settlement values.

EXPLORATION SCHEDULE
Verdantas is prepared to begin this work upon receiving written approval of this proposal and mutually agreed to contract. California law requires that Dig Alert (811) be provided at least three full working days advanced notice to locate registered utilities in the 560
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proposed exploration area, before exploration can begin. Depending on site access constraints, weather and exploration equipment availability, field exploration may begin 3 to 5 working days after we receive written authorization for this work, obtaining legal site access, and underground utilities clearance by DigAlert. We estimate field exploration to be completed in one day. Geotechnical laboratory testing, engineering analyses and report preparation will require approximately 2 to 3 weeks after completion of field exploration. Thus, we estimate that a draft report can be submitted in approximately 4 to 5 weeks after we receive written authorization to proceed and obtain legal access.

Geotechnical Assumptions and Clarifications
This fee is based on the condition that the field investigation can be performed during normal weekday daylight-hours. Post-report consultations or any additional services beyond the above-described scope of work will be charged additionally on a time-andexpense basis in accordance with the fee schedule. Also, for the purpose of budget control and time schedule, the following is assumed:
 Verdantas will have legal and unhindered access to the site (minimal restriction due to fencing/corrals etc.) and Verdantas is not responsible for damage to unidentified utilities or structures, if not identified by 811.  We estimate field exploration to be completed in two days (one combined mobilization).
 This project is subject to the Prevailing Wage Law.
 Geotechnical meetings are excluded

7.B) TITLE SHEET
Consultant shall prepare a Title Sheet for the construction documents that includes a vicinity map, project directory, sheet index, and other applicable information.

7.C) DEMOLITION PLANS
Consultant shall prepare a site demolition plan that identifies items to be removed and disposed of or removed and salvaged. Demolition plans shall be prepared on the topographic survey provided by the City or by the optional task topographic survey provided by Subconsultant (MBI).

7.D) SITE CONSTRUCTION PLANS
Consultant shall prepare landscape construction plans at a scale suitable to communicate design intent that identifies proposed construction elements applicable to each park site such as paving, furnishings, fencing, parking lot, shade structures, shade sails, playground equipment, proposed restroom location, and other related site improvements.

Consultant shall prepare applicable landscape construction notes, details and specifications. Plans shall include Architectural Site
Plan including ADA Path of Travel (if applicable).
 Note: Signed and sealed Structural Calculations and Engineered shop drawings shall be prepared by the respective manufacturers for City permit, bidding, and construction for items requiring building permits. (If structural fees are charged by the manufacturer, the City may pay those fees directly to the manufacturer or as a reimbursable item under In-Site’s contract.)
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7.E) PRECISE GRADING AND DRAINAGE PLANS
Subconsultant (MBI) shall prepare one Precise Grading Plan Set of the project site based on the final layout from the Client (In-Site Landscape Architecture, Inc). The plans will be prepared based upon the approved Geotechnical Report recommendations and City of Palm Desert standards where applicable. The plan will include proposed contouring, area drain and catch basin locations, storm drain piping and sizes, parking lot design, ADA parking spaces and accessibility within the proposed improvements and finished lot grading, building pad and setback dimensions elevations (if applicable) and sidewalk/hardscape grading where these are being proposed.

Any changes or revisions to the Site Plan, or modifications required by the stakeholders after final design has reached a 50% completion, that requires significant alterations/revisions to the site plan layout shall be performed as an additional service for an additional fee. Said Add Service shall be executed prior to the commencement of a site redesign. City shall provide the location of all dry utilities and appurtenances (transformers, handholes, etc) in an AutoCAD format for inclusion in the precise grading plans.
 Note: Asphalt and PCC pavement sections within the proposed parking lot shall be based upon the recommendations provided in the site-specific Soils Report prepared by a licensed Geotechnical Engineer or Geologist. MBI shall not be responsible for determining said sections. An approved Fire Access circulation plan shall also be provided to MBI if separate pavement thicknesses are required for supporting emergency vehicles.

7.F) COMPOSITE UTILITY PLANS (if applicable)
Subconsultant (MBI) shall prepare one (1) Composite Utility Plan based on the approved site plan and restroom layout (if applicable). The Composite Utility Plan will depict the proposed private domestic water mains and building services and private sewer mains and building laterals and shall be stubbed to 5 feet from the proposed restroom facility.

The Composite Utility Plan will show the proposed dry utility facilities and routing (electric, gas and telephone / communication) if provided by the client. This task includes depicting sewer main invert elevations and sewer point of connection invert elevations to ensure the sewer collection system will properly serve any proposed restroom buildings and connection to a Public maintained system if available. The Composite Utility Plan will be prepared at a scale of 1” = 20’ on 24”x36” sheets. It is anticipated that one (1) title sheet and one (1) “plan view” only sheet will be required for this task. If existing utilities are unavailable at the proposed restroom location, a pit type restroom shall be designed and noted accordingly.

7.G) LANDSCAPE PLANTING PLANS
Consultant shall prepare planting plans at a scale suitable to communicate design intent that identifies proposed trees, shrubs, groundcovers, and mulch. Plans shall conform to the State of California Model Water Efficient Landscape Ordinance or locally adopted ordinance. Consultant shall prepare a landscape planting legend (schedule) including plant genus, species, common name, quantity, size, water use, and remarks. Consultant shall prepare applicable planting notes, details and specifications. 562
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7.H) IRRIGATION PLANS
Consultant shall prepare irrigation plans at a scale suitable to communicate design intent that identifies proposed irrigation equipment. Plans shall conform to the State of California Model Water Efficient Landscape Ordinance or locally adopted ordinance.

Consultant shall prepare an irrigation legend including manufacturer and model numbers of proposed equipment.

Consultant shall prepare applicable irrigation notes, details and specifications. Consultant shall prepare irrigation Water Use Calculations.

7.I) SITE LIGHTING AND ELECTRICAL PLANS
Subconsultant (VCL) shall prepare lighting design and electrical engineering for the installation of
parking lot lights, pedestrian lights, landscape lights, monument lights, power to electric vehicle charging stations as required and power to site electrical appurtenances as applicable to each park site. The site lights shall be connected back to an electrical meter pedestal and/or restroom panel as required. Plans shall include all circuit designs with conduit and wiring call-outs, Cal Green compliant specifications installation details, construction notes, lighting schedules and panel schedules. Connections to irrigation controller(s) as required.

Subconsultant (VCL) shall prepare photometric analysis of site lighting to determine specifications, placements and light levels that adhere to all applicable city codes and ordinances. Plans shall include statistical summaries, photometric point by points on a 10’ x 10’ calculation grid shown in illuminance values, fixture schedules and proposed fixture cut-sheets.

Subconsultant (VCL) shall prepare coordinate with civil and landscape architect for base files and light location placements.

Subconsultant (VCL) shall prepare coordination with utility consultant for required electrical service location and tie-in point (if applicable).

Subconsultant (VCL) shall prepare Title-24 energy calculations.

Subconsultant (VCL) shall prepare Structural Pole Base calculations.

7.J) RESTROOM BUILDING (as applicable for the parks with restrooms) Manufacturer (Romtec) shall prepare a preliminary scope of supply and services submittal that includes the schematic design of the restroom floor plan, elevations, materials, building electrical, lighting, Design and Supply Cost and separate Installation cost propsoal. The City has three alternatives for the restroom procurement:
a) Design/ Supply/ Install: The City may directly purchase the Restroom Design Construction Documents (Signed and sealed structural calculations and engineered construction documents needed for building permit and construction), Building Materials, and Installation (construction) of the building directly from 563
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Romtec through a separate contract (apart from General Contractor.) Romtec will coordinate the necessary site preparation and utilities with the General Contractor. b) Design/ Supply: The City may directly purchase the Restroom Design Construction Documents (Signed and sealed structural calculations and engineered construction documents needed for building permit and construction) and Building Materials directly from Romtec through a separate contract (apart from General Contractor.) The General Contractor will be responsible for the construction of the building.
c) Design: The City may directly purchase the Restroom Design Construction Documents (Signed and sealed structural calculations and engineered construction documents needed for building permit and construction) as a change order to In-Site’s contract or direct purchase from Romtec.

7.K) UPDATED OPINION OF PROBABLE CONSTRUCTION COST ESTIMATE Consultant shall prepare an opinion of construction costs based on the construction documents. Estimate shall be submitted 100% plan completion stage.  Note: Opinion of construction cost provided by Consultant is based on the information available to Consultant and on the basis of Consultant’s experience and qualifications, and represents its judgement. However, since the Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over the construction contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant does not guarantee that proposals, bids, or actual construction cost will not vary from the opinion of construction cost that the Consultant prepares.

Deliverables:
o One set of plans, details and specifications to scale shall be in PDF electronic file format, plotted at the appropriate sheet size and scale. o Meeting Agendas
o Meeting Notes
o Opinion of Probable Construction Cost Estimate
o Responses to plan check comments for each submittal

8. ENVIRONMENTAL REVIEW
Preliminary environmental review of the planned improvements at the existing parks are assumed to qualify for an exemption under the California Environmental Quality Act (CEQA). Subconsultant (MBI) recommends preparing one (1) Notice of Exemption for the collection of improvement activities identified within the RFP for the seven (7) existing parks and trailheads. It is assumed the improvement projects would quality for an exemption under CEQA Guidelines Section 15301 (Existing Facilities) which allows for the minor alteration of existing public structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; as well as Section 15303 (New Construction) which allows for the construction and location of limited numbers of new, small facilities or structures and installation of small new equipment and facilities in small structures.
 Note: Per RFP Addendum #1: “Federal funding may be utilized based on the availability and successful application for grant programs.” If federal funding is 564
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awarded, NEPA compliance may be required. As such, MBI will provide scope and fee in coordination with the City, if required by funding.

Deliverable:
o Draft and Final Notice of Exemption submitted electronically.

9. MANAGEMENT PLAN
The Consultant(s) will develop a Management Plan for the project which includes water management, electrical/lighting, landscape, and facility upkeep, including timelines, to adequately maintain facilities mincluded in the final design.  The Park Management Plan will include the ongoing maintenance of mitigation measures identified in any applicable environmental documents.  The Consultant(s) will coordinate with City Public Works Department to convey information about the management tasks related to the site design.

TASK IV – BIDDING AND CONSTRUCTION SUPPORT
While the City anticipates completion of Tasks I through III of this scope of work within 12 - 15 months of project start, Task IV is expected to commence when the City begins preparing to invite bids for construction of the project. There will likely be an interval of time between completion of Task III and commencement of Task IV. To accommodate this time frame, the agreement for this project has been drafted with a three-year term, including the option to renew the agreement automatically for two additional one-year terms. The duration of Task IV will vary based on the extent of the project design.

10. BIDDING
 The Consultant(s) shall provide an electronic copy of the final approved plans. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format.
 The City will be responsible for making copies of contract documents and will distribute to contractors. The Consultant(s) shall respond to questions that arise during the bid phase and prepare addendums which will be distributed by City as necessary. Bidding procedures will be the responsibility of the City. While the PS&E construction package is being advertised for bids, all questions concerning the intent shall be referred to City for resolution. In the event that any items requiring interpretation in the drawings or specifications are discovered during the bidding period or bid opening, said items shall be analyzed by the Consultant(s) for decision by City as to the proper procedure required. Corrective action taken will either be in the form of an addendum prepared by the Consultant(s) and issued by City, or by a covering change order after the award to the construction contract.  The Consultant(s) shall attend the pre-bid and pre-construction meetings upon notification by City. During construction and if authorized by City, the Consultant(s) shall furnish all necessary drawings for corrections, requests for information (RFI) and change orders required by errors and omissions of the Consultant(s). The Consultant(s) may be assigned by City to review and approve submittals and shop plan drawings submitted by the construction contractor.

11. CONSTRUCTION SUPPORT
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City will serve as the contract manager and direct liaison between the Consultant(s) and other city agencies and peer agencies. The Consultant(s) shall be responsible for project management activities throughout the life of the contract. The scope of activities includes, but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for City and the Consultant(s’) sub-contractors, and preparing all exhibits and presentations for City to submit to City Council, peer agencies and public meetings (as applicable).
 Consultant shall attend an in-person pre-construction meeting  Consultant shall respond to requests for information and prepare addendums and clarifications for landscape related work.
 Consultant shall review contractor submittals and shop drawings.  Consultant shall provide field observation for the landscape related work at the appropriate stages of construction.
 Consultant shall review completed project and prepare a punch list of outstanding items related to landscape (one site visit).
 Consultant shall review the completed punch list items and provide a letter of substantial completion (one site visit).
 Consultant shall provide record drawing As-Built Plans. The As-Built plans will be based off known changes that were made in the field during the construction process and marked up redlines provided by the contractor. It is anticipated that three (3) Delta revised plans shall be included as part of this task. The plans will include any Delta revisions necessary showing the proposed changes. This task assumes that the awarded contractor maintains accurate records of said changes for utilization by Consultant for the preparation of said As-Builts. This task does not include additional topographic survey field time but can be included under a separate Change Order if requested. Any additional topo work will not commence until such an agreement has been executed between the client and Consultant.  Note: Although the Consultant may observe and discuss potential problems with the Client/ Owner or the Client/ Owner’s contractor(s), the site visits are not construction inspections or a guarantee that there will not be construction deficiencies. Contractor submittals, such as shop drawings and samples are reviewed by the Consultant only to determine if they conform to the Consultant’s design intent. Consultant’s review of submittals shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. Consultant’s review of Contractor’s payment applications to determine if the amount of work represented as complete is generally consistent with the Consultant’s observations during its site visits shall be subject to any noted qualifications by the Consultant. Client understands that the frequency of the Consultant’s site visits may limit Consultant’s ability to review certain payment applications. Consultant’s review shall not be a representation that Consultant has supervised the work, or that Consultant has reviewed how or for what purpose Contractor has used or intends to use Owner’s payments.  Note: Construction Support Services shall be performed on a time and material basis to the budget amount indicated in the fee proposal. Services beyond the budget amount in the fee proposal shall be provided as a contract amendment with the City.
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Optional Additional Task Items:

OPTIONAL TASK 1 ADDITONAL TOPOGRAPHIC FIELD SURVEY
The RFP states the City will provide a topographic survey in CAD format. Subconsultant (MBI) shall perform and prepare a conventional field topographic survey to locate, measure and describe existing planimetric and topographic features including definitive tops/toes of slopes, curbs, gutters and utilities that require additional accuracy or that could be obscured from aerial imagery. This includes any areas being affected by the proposed additions to the project site as well as paths of travel are being improved. The survey will be compiled as a CADD readable file to be used by Consultant(s).

Additional design surveys or aerial topographic surveys of the whole park parcel, if needed, will be completed under a separate additional fee agreement.  Underground Utilities Note: This Topographic Survey will be conducted in accordance with accepted industry standards. Unless otherwise indicated, only above ground utility appurtenances shall be located by Survey methods.

Underground utilities or structures shown on the Grading Plan shall be considered as being reproduced from records supplied by the City and will not be verified for line or grade in any way during the course of this Survey. Other utilities may exist on this site which are not a part of the scope of work described herein and therefore shall not be shown on the Grading Plan.

Ground Penetrating Radar (GPR) will not be used in locating existing underground utilities. This can be proposed at a later date if it is determined that accurate locations of existing utilities via research with the City/County, utility purveyors and previous as-built plans within this area yield less than desirable results for approximating the locations of said utilities. Prior to any GPR work being performed, a separate Change Order to this agreement shall be executed by Consultant and client.

Deliverables:
o AutoCAD file of topographic field survey
OPTIONAL TASK 2 RECORD BASE MAP PREPARATION
To include and plot the record position of the project boundary in approximate orientation with a specific coordinate system, compiled aerial topographic base data or other overlay features, Subconsultant (MBI) shall perform the following tasks:
 MBI shall perform research of the available public records via on-line services to obtain maps and other items that affect the boundary location of the property;  MBI shall prepare a preliminary record data map to be used by the field survey crew to search for a sampling of boundary monuments;
 MBI shall perform a field survey of said monuments in order to establish orientation of the record survey data in relation to the coordinate system used in the topographic mapping;
 MBI shall plot the record boundary lines on the aerial base map, with the understanding of the Client that said record boundary is NOT the result of a comprehensive boundary survey and analysis, and that it’s orientation may 567
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disagree substantially from the position determined by a full boundary survey and analysis;
 The budget for this scope of work is based upon an assumption that adequate and accessible boundary monumentation exists in the immediate project vicinity to control this record data survey.
 Upon construction limits being defined, MBI shall plot only those easements affecting proposed limits of work. Said easements which are recorded and show up within a current and up-to-date Preliminary Title Report, a plat from the Title Company showing said easements affecting proposed work areas and all Schedule ‘B’ exceptions as stated in the Preliminary Title Report shall be plotted, if required.

Any cost associated with the preparation and processing of a Record of Survey Map, if one becomes necessary as a legal requirement, shall be covered by the City.

This task is not the preparation of a Constraints Map for the entire Park site. If this is requested by the City, MBI shall submit a separate proposal which shall include task descriptions and a schedule of fees prior to any work being prepared.

OPTIONAL TASK 3 HYDROLOGY AND HYDRAULICS REPORT
Subconsultant (MBI) shall prepare a Hydrology and Hydraulics Report for the Project in accordance with the requirements of the City of Palm Desert and the Riverside County Flood Control and Water Conservation District (RCFC&WCD) for submittal to the City.

This report will finalize the determined onsite stormwater runoff calculations and the drainage facilities necessary to accommodate projected stormwater flows. Hydraulics for storm drain less than 12-inches shall be computed in normal depth conditions, while storm drain 12-inches and greater shall be analyzed using Water Surface Pressure Gradient (WSPG) software. Up to three (3) main lines are anticipated to be analyzed using WSPG software to plot hydraulic grade lines. Offsite calculations are not included in this scope of work.

Deliverables:
o PDF of Hydrology and Hydraulics Report
OPTIONAL TASK 4 NPDES COMPLIANCE AND STORMWATER POLLUTION

PREVENTION PLAN
Subconsultant (MBI) shall prepare and submit a Notice of Intent (NOI) and a Stormwater Pollution
Prevention Plan (SWPPP) for the Project to the State Water Resources Control Board (SWRCB). A copy of the SWPPP and the Waste Discharge Identification Number (WDID No.) shall be supplied to the client. MBI shall comply with the Construction General Permit (CGP), 2022-0057-DWQ effective after September 1st, 2023. MBI shall comply with the CGP by preparing and submitting the project registration documents online to the SWRCB. These documents include a risk analysis and the SWPPP document. This task assumes any further updates or actions necessary for upkeep, inspections, or maintenance of the SWPPP shall be prepared by the general contractor, erosion control contractor, or other party. This includes but is not limited to Annual Reporting, Rain Event Action Plans, Inspection Logs, Changes of Information, and the Notice of Termination. 568
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Deliverables:
o PDF of SWPPP Report
OPTIONAL TASK 5 WATER QUALITY MANAGEMENT PLAN
Subconsultant (MBI) shall prepare a Final Water Quality Management Plan (WQMP) for the proposed project in accordance with Appendix H of the Whitewater River Region Stormwater Management Plan and be prepared using the Whitewater River Region template. Identification and as-needed calculations of all applicable structural BMPs, including source control, LID/site design, and treatment control BMPs shall be detailed in the final deliverable. The Final WQMP will include the required operation & maintenance agreements and owner’s certifications and shall be processed through the City of Palm Desert for approval. This task includes up to three (3) plan check revisions and does not account for major site plan changes.

Deliverables:
o PDF of WQMP Report
OPTIONAL TASK 6 PM-10 DUST MITIGATION PLAN
Subconsultant (MBI) shall prepare a PM-10 Fugitive Dust Plan per the requirements of the City of Palm Desert and the Southern California Air Quality Management District.

Deliverables:
o PDF of Dust Mitigation Plan
OPTIONAL TASK 7 GEOTECHNICAL REVIEW OF PLANS AND SPECIFICATIONS Upon request, subconsultant (Verdantas) can review draft plans and specifications pertaining to
geotechnical aspects of this project. This proposal does not include geotechnical testing and observation during construction or services during bidding to respond to contractor’s questions pertaining to geotechnical aspects of this project.

OPTIONAL TASK 8 SCE DRY UTILITY CONSULTING
Subconsultant (Koser) shall coordinate the designs, contracts, invoices and easements on behalf of the City, with Southern California Edison.

ASSUMPTIONS
Consultant’s obligations are based upon the following understanding:

1. Title Reports and supporting documents will be provided by the Client prior to commencing the services offered herein.

2. All fees and bonding premiums shall be at the Owner’s expense.

3. On-site storm drain systems, if any, will be private, owned and operated by the City.

4. Composite utilities shall be a private system for future operation and maintenance by the landowner. All said on-site water and sewer connections will be tied to CVWD main lines along the adjacent streets if said utilities are available. No mainlines are being proposed at this time.
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5. A letter requesting the Hydraulic Modeling Analysis from the city/landowner shall be submitted to CVWD prior to the commencement of any Off and On-Site water and/or sewer design as stated herein.

EXCLUSIONS
Consulting services relating to any of the following tasks may be completed by Consultant(s) if negotiated under a separate contract for an additional fee; but are presently specifically excluded from the Agreement:

1. Traffic Studies, Traffic Counts, Intersection Studies and Traffic Signal Modifications;

2. Environmental Studies except those described herein;

3. Dry Utility design, coordination and Utility Potholing;

4. Plan and Map Check fees;

5. Acoustical Studies;

6. Retaining Wall, Perimeter Wall or Sound Wall Plans and/or Structural Design;

7. Technical Specifications other than notes on plans;

8. Services related to Hazardous Wastes and Hazardous Material Abatement and Environmental Issues;

9. Construction Surveying;

10.Mapping Services including but not limited to Legal descriptions, Record of Survey, Condominium Mapping or Parcel Maps.

11.Off-Site Water and Sewer Improvement Plans;

12.Traffic Control Plans;

13.Calculating Building Service line sizing (water, sewer and fire protection);

14.Building Fire Sprinkler Design and Calculations;

15.Preliminary Water Quality Management Plans;

16.Septic system design, layout or improvement plans;

17.Horizontal Control Plan;

18.Agencies fees;

19.Phase 2 or Phase 3 Environmental Audits;

20.Consultant does not make decisions for the client at the construction site other than for Consultant’s design/plan without their approval;

21.Any other services not specifically set forth in the above Scope of Services. 570
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EXHIBIT "B"

Prospectively, the City anticipates the schedule of work as follows:
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DRAFT SCHEDULE
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EXHIBIT "C"

1. PROJECT INITIATION

1.A-Kickoff meeting

1.B-Monthy Meetings, adendas, minutes

2. REVIEW AND DATA COLLECTION

2.A-Site Visits

2.B-Base Map

2.C-Memo of existing conditions issues

3. PUBLIC ENGAGEMENT PLAN

3.A-Public Engagement Plan

3.B-Meeting w/ City and Parks and Rec. Committee 1

3.C-Meeting w/ City and Parks and Rec. Committee 2

3.D-Public Workshop Meeting and Online Survey

3.E-Public Data

3.F-Memorandum of consultant recommendations

4. PUBLIC ENGAGEMENT REPORT

3.A-Public Engagement Report
TASK II – PRELIMINARY PLANNING & DESIGN

5. CONCEPTUAL DESIGN

5.A-Conceptual Design

5.B-Park and Rec Committee Meeting

5.C-City Council Meeting

6. PRELIMINARY COST ESTIMATE AND TIMELINE

6.A-Opinion of Cost Estimate

6.B-Schedule
TASK III – CONSTRUCTION DOCUMENTS

7. Project Management & Coordination

7.A-Geotechnical Investgation

7.B-Title Sheet

7.C-Demolition Plans

7.D-Site Construction Plans

7.E-Precise Grading and Drainage Plans

7.F-Composite Utility plans

7.G-Landscape Planting Plans

7.H-Irrigation Plans

7.I-Site Lighting and Electrical Plans

7.J-Restroom Building (Coordination with Romtec)

7.K-Updated Opinion of Cost Estimate

8. Environmental Review

8.A-Draft and Final Notice of Exemption
$1,540.00
$5,280.00

1. PROJECT INITIATION $6,820.00
$2,760.00
$1,400.00
$1,140.00

2. REVIEW AND DATA COLLECTION $5,300.00
$1,685.50
$880.00
$880.00
$2,625.50
$1,400.00
$880.00

3. PUBLIC ENGAGEMENT PLAN $8,351.00
$1,140.00

4. PUBLIC ENGAGEMENT REPORT $1,140.00
$14,820.00
$1,140.00
$1,140.00

5. CONCEPTUAL DESIGN $17,100.00
$3,790.00
$700.00

6. PRELIMINARY COST ESTIMATE $4,490.00
$12,931.00
$7,920.00
$1,060.00
$1,660.00
$20,280.00
$42,152.00
$17,810.00
$7,760.00
$6,880.00
$12,100.00
$3,000.00
$1,360.00

7. Construction Documents $134,913.00
$2,618.00

8. Environmental Review $2,618.00
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Revised 01-2024
BBK 72500.00001\32374915.1

9.A-Management Plan
TASK IV – BIDDING/ CONSTRUCTION SUPPORT

10.A-Pre-Bid Meeting

10.B- Bidding

11. Construction Support

11.A-Pre construction meeting

11.B-Respond to RFI's

11.C-Submittal Review

11.D-Field Observations (two visists budgeted)

11.E-Punch List Walk

11.F-Post Punch List Walk
11-Civil subconsultant Construction Support (upto 40 hours) 11-Electrical subconsultant Construction Support

11.G-As-Built Drawings
Reimbursables $10,000.00

OPTIONAL ADDITIONAL SERVICES
Total $231,478.00
OPTIONAL TASK 1-ADDITONAL TOPOGRAPHIC FIELD SURVEY $10,021.00 OPTIONAL TASK 2-RECORD BASE MAP PREPARATION $8,844.00
OPTIONAL TASK 3-HYDROLOGY AND HYDRAULICS REPORT $10,428.00 OPTIONAL TASK 4-NPDES COMPLIANCE AND SWPPP $9,108.00
OPTIONAL TASK 5-WATER QUALITY MANAGEMENT PLAN $10,098.00 OPTIONAL TASK 6-PM-10 DUST MITIGATION PLAN $8,074.00
OPTIONAL TASK 7-GEOTECHNICAL REVIEW OF PLANS $2,475.00
OPTIONAL TASK 8-SCE ELECTRICAL SERVICE $6,050.00
$3,520.00

9. Management Plan $3,520.00
$700.00
$2,440.00

10. Bidding $3,140.00
$440.00
$1,400.00
$2,440.00
$1,920.00
$1,400.00
$1,400.00
$10,274.00
$2,750.00
$12,062.00

11. Construction Support $34,086.00
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FREEDOM PARK (MPK00001)
TASK I – PUBLIC ENGAGEMENT

1. PROJECT INITIATION

1.A-Kickoff meeting

1.B-Monthy Meetings, adendas, minutes

2. REVIEW AND DATA COLLECTION

2.A-Site Visits

2.B-Base Map

2.C-Memo of existing conditions issues

3. PUBLIC ENGAGEMENT PLAN

3.A-Public Engagement Plan

3.B-Meeting w/ City and Parks and Rec. Committee 1

3.C-Meeting w/ City and Parks and Rec. Committee 2

3.D-Public Workshop Meeting and Online Survey

3.E-Public Data

3.F-Memorandum of consultant recommendations

4. PUBLIC ENGAGEMENT REPORT

3.A-Public Engagement Report
TASK II – PRELIMINARY PLANNING & DESIGN

5. CONCEPTUAL DESIGN

5.A-Conceptual Design

5.B-Park and Rec Committee Meeting

5.C-City Council Meeting

6. PRELIMINARY COST ESTIMATE AND TIMELINE

6.A-Opinion of Cost Estimate

6.B-Schedule
TASK III – CONSTRUCTION DOCUMENTS

7. Project Management & Coordination

7.A-Geotechnical Investgation

7.B-Title Sheet

7.C-Demolition Plans

7.D-Site Construction Plans

7.E-Precise Grading and Drainage Plans

7.F-Composite Utility plans

7.G-Landscape Planting Plans

7.H-Irrigation Plans

7.I-Site Lighting and Electrical Plans

7.J-Restroom Building (Coordination with Romtec)

7.K-Updated Opinion of Cost Estimate

8. Environmental Review

8.A-Draft and Final Notice of Exemption
$1,540.00
$5,280.00

1. PROJECT INITIATION $6,820.00
$2,760.00
$1,400.00
$1,140.00

2. REVIEW AND DATA COLLECTION $5,300.00
$1,685.50
$880.00
$880.00
$2,625.50
$1,400.00
$880.00

3. PUBLIC ENGAGEMENT PLAN $8,351.00
$1,140.00

4. PUBLIC ENGAGEMENT REPORT $1,140.00
$9,220.00
$1,140.00
$1,140.00

5. CONCEPTUAL DESIGN $11,500.00
$3,790.00
$700.00

6. PRELIMINARY COST ESTIMATE $4,490.00
$12,211.00
$6,160.00
$1,060.00
$2,700.00
$11,440.00
$33,715.00
N/A
$5,520.00
$4,080.00
$6,600.00
N/A
$1,360.00

7. Construction Documents $84,846.00

8. Environmental Review N/A
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BBK 72500.00001\32374915.1

9.A-Management Plan
TASK IV – BIDDING/ CONSTRUCTION SUPPORT

10.A-Pre-Bid Meeting

10.B- Bidding

11. Construction Support

11.A-Pre construction meeting

11.B-Respond to RFI's

11.C-Submittal Review

11.D-Field Observations (two visists budgeted)

11.E-Punch List Walk

11.F-Post Punch List Walk
11-Civil subconsultant Construction Support (upto 40 hours) 11-Electrical subconsultant Construction Support

11.G-As-Built Drawings
Reimbursables $10,000.00

OPTIONAL ADDITIONAL SERVICES
Total $168,573.00
OPTIONAL TASK 1-ADDITONAL TOPOGRAPHIC FIELD SURVEY $10,593.00 OPTIONAL TASK 2-RECORD BASE MAP PREPARATION $8,844.00
OPTIONAL TASK 3-HYDROLOGY AND HYDRAULICS REPORT $8,778.00 OPTIONAL TASK 4-NPDES COMPLIANCE AND SWPPP $9,108.00
OPTIONAL TASK 5-WATER QUALITY MANAGEMENT PLAN N/A
OPTIONAL TASK 6-PM-10 DUST MITIGATION PLAN $8,327.00
OPTIONAL TASK 7-GEOTECHNICAL REVIEW OF PLANS $2,475.00

9. Management Plan N/A
$700.00
$2,440.00

10. Bidding $3,140.00
$440.00
$1,400.00
$2,440.00
$1,920.00
$1,400.00
$1,400.00
$10,274.00
$1,650.00
$12,062.00

11. Construction Support $32,986.00
577
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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 12th day of June, 2025, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and Interwest Consulting Group, Inc., a Corporation, with its principal place of business at 24 South D Street, Suite 100, Perris, CA 92570("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Project.

The City is a public agency of the State of California and is in need of professional services for the following project:

Hovley Soccer Park Engineering and Design Project
Project No. CPK00004
(hereinafter referred to as “the Project”).

2.2 Consultant.

3. Terms.

3.1 Scope of Services and Term.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will 579
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determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.6 Consultant's Representative. Consultant hereby designates Paul Meschino, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise 580
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and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects 581
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thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of 582
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employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.2.11 Insurance.

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement.
(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant
may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
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(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part
for any reason;
(2) Pay on behalf of wording as opposed to
reimbursement;
(3) Concurrency of effective dates with primary
policies; and
(4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(F) Fidelity Coverage. (Reserved)
(G) Cyber Liability Insurance. (Reserved)

3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide
certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it 584
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deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. 585
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(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions. (M) Pass Through Clause. Consultant agrees to ensure
that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that selfinsured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water 586
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Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Seventy-Five Thousand Six Hundred Dollars ($175,600.00) without written approval of the City Council or City Manager, as applicable.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
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3.4 Labor Code Requirements.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete 588
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and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

Consultant: Interwest Consulting Group, Inc.
24 South D Street, Suite 100
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Perris, CA 92570
ATTN: Paul Meschino, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard 590
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to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.4 Indemnification – Documents and Data.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to 591
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the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information.

3.6.5 [Reserved]

3.6.6 Indemnification.

3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
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3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 593
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3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND INTERWEST CONSULTING GROUP, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

Chris Escobedo
Interim City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

INTERWEST CONSULTING GROUP,
INC., A CORPORATION
By:

Paul Meschino
President
By:

David Kniff
Secretary
City Clerk QC: _____
Contract QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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Exhibit “A-I”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “A”

SCOPE OF SERVICES
HOVLEY SOCCER PARK CPK00004
The following is an example of how we would structure a project for a playground replacement addition of new water feature, shade, or other scope element as noted in the “Key Design Needs” matrix in the RFP to arrive at pricing for this proposal. Once selected, the City and the Interwest Team will refine and tailor the scope of work to the specific needs of the project and the site location.

Parks
The initial phase will involve the demolition of the existing amenities that will need to be replaced
(these could include play areas, fields, etc), ensuring the responsible disposal of all materials. Following a comprehensive site assessment, the suitability of any existing locations that will be rehabilitated for a new playground will be determined. Our team will leverage our expertise to explore alternative locations if necessary, prioritizing optimal integration within the park’s existing landscape.

Central to all new restrooms and playground projects is the implementation of a universally accessible play environment. The design will prioritize access for children of all abilities, integrating inclusive pathways, ramps, and play structures that adhere to current ADA
compliance standards. To ensure year-round usability, the playscape will incorporate a shade plan utilizing a combination of shade sails, strategically placed trees, and potentially other creative elements like pergolas.

Prior to beginning the Construction Documents phase, the Interwest Team will present the City with a comprehensive design package. This package will include two distinct design concepts, each crafted to prioritize inclusivity, while offering a unique play experience. Each concept will showcase a variety of play equipment specifically chosen to cater to a wide range of ages and developmental abilities. The design will prioritize fostering social interaction and imaginative play, transforming the space into a vibrant hub for childhood development and community connection. Through the selection process, the City will have the opportunity to provide valuable feedback and collaboratively choose the concept that best aligns with their vision for the park.

Specific to trailhead design, this framework serves as an initial proposal, and upon selection, will be refined and customized in collaboration with the City and the Interwest team to meet the specific demands and unique characteristics of the project site.

Trailheads
The initial phase of the project will focus on the evaluation and potential modification of existing
infrastructure at the proposed trailhead location. This may include the removal of outdated facilities and the responsible recycling or disposal of materials. A thorough site analysis 596
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will be conducted to assess the current conditions and determine the feasibility of enhancing the existing trailhead or selecting a new site altogether. Our team will employ our extensive expertise to ensure the selected site optimally integrates with the surrounding environment and existing network of trails.

Key to the development of the trailhead is creating a welcoming and functional entry point to the trails. The design will incorporate essential amenities such as parking, directional signage, and seating areas. It will also feature sustainable practices such as native landscaping and stormwater management systems to minimize environmental impact.

Prior to advancing to the construction documents phase, the Interwest Team will present the City with a comprehensive design package. This package will feature two innovative design concepts that focus on accessibility, safety, and enhancing the user experience.

Each concept will propose solutions for effective wayfinding, emergency access, and amenities tailored to the needs of a diverse range of trail users, from casual walkers to seasoned hikers. The designs will aim to encourage engagement with the natural environment, promoting both educational and recreational uses of the trailhead.

Standard Process
Through a collaborative review process, the City will have the opportunity to provide feedback and select the design that best aligns with their goals for enhancing community access to natural spaces and promoting outdoor activities.

The following is a description of the proposed improvements to be provided:

1. Survey of the entire park area to support both the project for the playground renovation and the future park master planning efforts.

2. Perform utility investigation to support both this project for the playground renovation and the future park master planning efforts.

3. Perform geotechnical engineering evaluations to support both this project for the playground renovation and the future park master planning efforts.

4. Create demolition plans for the existing playground facilities.

5. Produce conceptual design of two (2) playground alternatives, including evaluations for potential relocation, for City Staff evaluation and selection.
a. Achieve a high level of inclusivity, ensuring accessibility for children of all abilities.
b. Provide ample shade throughout the play area for year-round enjoyment.
c. Maintain easy accessibility from the existing parking lot, which will require an analysis of all existing walkways to ensure ADAcompliant access. d. Playground design shall comply with the latest editions of ASTM 1487, ASTM1292, ASTM F1951 and the CPSC Public
Playground Safety Handbook.

6. Design refinement for final City Staff approval.
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7. Produce construction plans for the new playground facilities and associated improvements.

8. Prepare Opinion of Construction Estimate

9. Prepare bid documents.

10.Assist during bidding.

11.Provide construction contract administration
Specific tasks for the playground renovation’s survey, schematic design, permitting, construction documents and bidding services are as listed in each task, as follows.

TASK 1 – PARK SITE SURVEYING SERVICES – To be furnished by the City Boundary Survey
 City will perform a field survey of the subject property in order to prepare a map of boundary and topographic survey. The survey will be prepared in accordance with the Standards of Practice requirements for Surveying and Mapping in the State of California. All boundary corners will be found or set and discrepancies (if any) between field measured values and record values will be noted. A survey report will be provided that will include the legal description, flood zone information for the subject property, and other pertinent survey information. In addition, any encumbrances or easements that may affect the parcels will be graphically shown on the Map of Boundary Survey.

Topographic Survey
 Determine the location of all above-ground improvements within the parcel with horizontal locations and vertical elevations being obtained for such items as sidewalks, edge of pavement, concrete curb, buildings, parking lot striping, fences, driveways and visible above-ground utilities.
 Visible above ground utilities refer to the visible structures (e.g., manholes, valve boxes, inlets, risers etc.) typically associated with storm drainage, sanitary sewer, potable water, electric, gas, telephone and cable television.

Tree Survey
 Existing trees within the site with a diameter at breast height equal to or greater than two inches will be located and tagged with an identification number. The size and common name of each tree will be identified via a unique symbol as shown on the map of boundary and topographic survey. An inventory matrix sheet will be created which will include the tag number, identification, (scientific and common name), canopy, spread, height and condition of tree.

TASK 2 – GEOTECHNICAL ENGINEERING SERVICES
 Conduct four (4) Standard Penetration Test (SPT) borings in general accordance with ASTM D-1586 specifications to a depth of 15-feet at a location provided by the design team.
 Conduct two (2) usual type open-hole exfiltration tests to a depth of 15-feet each to measure the hydraulic conductivity of the existing soils at specific test locations for site drainage evaluation by others, and
 Conduct two (2) Double Ring Infiltrometer tests (six-hour test duration or stabilization) to analyze the drainage capabilities of the existing soils to facilitate retention areas.
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TASK 3 - TYPE D UTILITY INVESTIGATION SCOPE
 Conduct utility records research to identify existing utility owners/operators within the project limits.
 Obtain available utility records, plans, maps, and as-built drawings from City Staff, utility owners/ operators, and other sources like one-call centers, county records, visual site inspections, etc.
 Compile all obtained utility records into a comprehensive set of utility drawings/data for the project area.
 Depict all utilities at Quality Level D (QL-D) based solely on the existing utility records, with unknown horizontal and vertical accuracy.  No field locating or physical verification of utilities will be performed as part of QLD.  Identify discrepancies, missing information, or utilities not depicted in the records.  Provide recommendations for additional investigation using higher quality levels (QL-A, B or C) to resolve discrepancies or locate critical TASK 4 – SCHEMATIC DESIGN ALTERNATIVES
 The design team will work closely with City Staff (specifically those responsible for steering and guiding the design and development decisions) to develop two (2) schematic plan alternatives that identify the size, location and metrics of the components to be included in the design solutions. The design team will develop the designs under Staff direction.
 The design team will conduct a preliminary design review of the draft schematic design package with City Staff to solicit feedback and direction.  The City’s Project Manager will provide a consolidated list of client comments to be incorporated into one final schematic design document. The design team will review and incorporate input received from the City as a basis for developing the Final Schematic Design Documents.

Final Schematic Design and Review Milestone
 The design team and any applicable subconsultants will further refine and develop the final selected schematic design document in preparation for submission to the City for final approval of the schematic design. The final schematic design will be represented with design documents that may include preliminary diagrams, plans, and 3D imaging to illustrate overall vision, character, and materials to further communicate the vision for the project.

TASK 5 – CONSTRUCTION DRAWINGS AND SPECIFICATIONS
The design team shall provide drawings at the 30%, 60%, 90% and 100% design milestones for the City to review and comment at each critical milestone.  The drawings will be prepared with industry accepted guidelines for the production of construction drawings on 24”x36” sheets at appropriate scales. This submission will include the following technical drawings:
 G-Sheets (General)
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o Cover, Index, Standard Abbreviations, Project Map, Revision Log and General Notes
 V-Sheets (Existing Conditions)
o Topographical Survey – Furnished by City
 D-Sheets (Demolition Work)
o Site Demolition Notes and Plans
o Tree and Palm Preservation Notes, Schedules, and Plans o Tree and Palm Disposition Notes and Plans
 SP-Sheets (Site Work)
o Site Plans (Notes, Schedules, Design, Materials, Dimensions)  SD-Sheets (Site Details)
o Overall Site Sections
o Detailed Site Sections
o Paving and Edging Details
o Furnishing Details
o Enlargement Plans
o Specific Design Component Detailing
 C-Sheets (Civil Engineering)
o Drainage Notes
o Drainage Plans
o Grading Plans
o Pavement Marking and Signage Plans (for parking lot improvements only) o Water and Sewer/Wastewater Plans (where improvements are being provided for drinking fountains, restrooms, etc)
 E-Sheets (Electrical Engineering)
o Lighting Plans
o Electrical Riser and Connection Detailing and Sch
 L-Sheets (Landscape Planting)
o Landscape General Notes
o Tree and Palm Receptor Notes, Plans and Schedules
o Proposed Planting Plans
o Typical Planting Details
 IR-Sheets (Irrigation Design)
o Irrigation Notes
o Irrigation Plans
o Irrigation Typical Details
 Cost Estimate: The design team will prepare a cost estimate identifying elements, quantities breakdown and opinion of market costs for each, reflecting unit costs for components at the time that it is drafted. The cost estimate will include a 20% contingency add-on.
 Quality Assurance/Quality Control peer-review and constructability review at each level of development.

TASK 6 – PERMITTING
The design team shall prepare permit applications for the improvements proposed in this work order for submittal to the permitting agencies at the same time as the 90% design submittal. Permit fees will be paid by the City. The design team will submit permits to and 600
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respond to requests for information (RFIs) from the permitting agencies associated with the necessary permits.

TASK 7 – BIDDING SERVICES
 The design team shall revise the 100% design documents and coordinate with the CITY Purchasing Division to prepare the Bid Set bidding documents.  The City shall be responsible for setting the bid opening date, advertisement of the bid, producing and distributing bid documents, and scheduling the pre-bid meeting.  The design team will deliver electronic copies of the Contract Documents for the City to post on the City’s web site. The design team will attend the pre-bid meeting with the City.
 The design team shall prepare responses to written questions from registered holders of bidding documents during the bid phase to be issued by the City via addenda and will furnish to the City’s purchasing department and project manager for posting on the City’s web site.
 After bids are received, the City will prepare bid tabulation and the design team will assist the City in determining the lowest, responsive, responsible bidder and make a recommendation to
TASK 8 – CONSTRUCTION ADMINISTRATION
 Attend the Pre-Construction Meeting
 The design team will attend and participate in one (1) pre-construction meeting with City Staff and contractor/sub-contractors, and shall assist the City with the agenda preparation, meeting minutes preparation and distribution.  Construction Site Observations
 Provide up to 40 hours of construction observations or as needed to issue a final Certification for the project.
 Review of Drawings, As-Builts, and Construction-Related Documents  The design team will maintain RFI and shop drawing log(s).  The design team will issue interpretations and clarifications (RFIs) of the Contract Documents and evaluate requested deviations from the approved design or specifications.
 The design team will review and process shop drawings, samples and other data which the Contractor is required to submit.
 Substantial Completion and Final Walk- Through: The design team will participate in one (1) Substantial Completion and one (1) Final Inspection site walk through with the Contractor and Staff.
 The design team will contribute to the City’s punch list of the findings and comments issued at the Substantial Completion and Final Inspection walkthrough(s).  The design team will conduct final reviews of as-builts and record drawings as prepared and submitted by the contractor/sub-contractor. This is limited to two (2) reviews for each type of as-built. Additional as-built reviews beyond the number identified may require an additional fees agreement.
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Exhibit “B”
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BBK 72500.00001\32374915.1
EXHIBIT "B"

Prospectively, the City anticipates the schedule of work as follows:

Task 1: Park Site Surveying Services To be furnished by the City Task 2: Geotechnical Engineering
Services
25 working days
Task 3: Type D Utility Investigation
Scope
15 working days
Task 4: Concept & Schematic Design Alt 65 working days + Public Engagement + CEQA
Task 5: Construction Drawings & Specs 120 working days
Task 6: Permitting 30 working days
Task 7: Bidding Services 30 working days
Task 8: Construction Administration 360 working days
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Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT "C"

COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA.
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BBK 72500.00001\32374915.1
Task 1: Park Site Surveying Services $ -
Task 2: Geotechnical Engineering
Services
$ 12,500.00
Task 3: Type D Utility Investigation
Scope
$ 6,500.00
Task 4: Concept & Schematic Design
Alternatives
$ 31,000.00
Task 5: Construction Drawings &
Specifications
$ 65,500.00
Task 6: Permitting $ 7,500.00
Task 7: Bidding Services $ 2,100.00
Task 8: Construction Administration $ 50,500.00
Total: $175,600.00
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Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
605
Contract No. ___________
Exhibit “C”
Revised 01-2024
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606
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Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
607
608
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[ARCHITERRA DESIGN GROUP] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-156
Park and Trailhead Engineering and Design
RESPONSE DEADLINE: March 18, 2025 at 5:00 pm
Report Generated: Wednesday, March 19, 2025
Architerra Design Group Response

CONTACT INFORMATION
Company:

Architerra Design Group
Email:
[email protected]
Contact:

Kiley Sandoval
Address:
10221 Trademark St
Suite A
Rancho Cucamonga, CA 91730
Phone:
(909) 484-2800
Website:
www.architerradesigngroup.com
Submission Date:

Mar 18, 2025 4:21 PM (Pacific Time)
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[ARCHITERRA DESIGN GROUP] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-156
Park and Trailhead Engineering and Design
[ARCHITERRA DESIGN GROUP] RESPONSE DOCUMENT REPORT
Request For Proposal - Park and Trailhead Engineering and Design

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Palm Desert City CouncilJune 12, 2025

Palm Desert City Council
June 12, 2025