D. Determining Adjustments to Compensation.
1. Pricing Generally. Design-Builder shall not be entitled to any compensation for Construction Work subject to a Change Order except as expressly set forth in this Article.
2. Unit Pricing. For the increasing or decreasing of Construction Work within a GMP that is paid for on a unit price basis, the Additional Work shall be paid according to the unit price established for such Construction Work and the GMP will be adjusted accordingly. An adjustment in compensation will be made for changes which require increases or decreases in the quantity of any unit price item in such a manner as to materially increase or decrease its unit cost, as determined by City, or which for any other reason cannot in the judgment of City be equitably paid for at the unit price. Design-Builder’s Self-Performance Fee or Design-Builder’s Subcontractor Fee shall not be applied to the unit price if the unit price includes such fees.
3. Lump Sum Pricing. Compensation for lump sum Change Orders shall be limited to expenditures necessitated specifically by the Additional Work. A lump sum Change Order shall be determined on an Open Book Basis and by the same method as establishing a GMP. If the Additional Work is performed by a Subcontractor providing Subcontracted Construction Work, the Subcontractor’s pricing for a lump sum Change Order shall be determined on an Open Book Basis and by the same method for determining pricing from Design-Builder when establishing a GMP.
Subcontractors will be entitled to a markup for home office overhead and profit on Subcontractor’s Cost of Work in an amount not to exceed 10%.
4. T&M Pricing.
a. T&M Pricing Generally.
(i) City may direct Design-Builder to proceed with Additional Work with payment to be made on the basis of the actual verified Cost of Work in the proper performance of the Additional Work, with Design-Builder’s Self-Performance Fee applied to the Cost of Work. Design-Builder will be entitled to any verified increased costs for insurance and bonds, which will not be subject to Design-Builder’s Self-Performance Fee.
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(ii) If the Additional Work is performed by Subcontractors, payment will be made on the basis of the actual verified Subcontractor’s Cost of Work in the proper performance of the Additional Work, with Design-Builder’s Subcontractor Fee applied to the Cost of Work. Subcontractors will be entitled to a markup for home office overhead and profit on Subcontractor’s Cost of Work in an amount not to exceed 10%. Design-Builder and Subcontractor will be entitled to any verified increased costs for insurance and bonds, which will not be subject to Design-Builder’s
Subcontractor Fee or Subcontractor’s markup for home office overhead and profit.
(iii) If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order methodology is suitable and the Change Order shall include a ceiling price that Design-Builder exceeds at its own risk.
b. T&M Daily Sheets. Design-Builder must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to City for an approval signature each day that Construction Work is performed on a time-and-material basis. The City’s Representative’s signature on time sheets only serves as verification that the Construction Work was performed and is not indicative of City’s agreement to Design-Builder’s entitlement to the cost.
c. T&M Summary Sheet. Design-Builder shall submit a T&M summary sheet, which shall include total actual costs, within five (5) Days following completion of Additional Work on a time-and-material basis. Design-Builder’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs. Design-Builder’s failure to submit the T&M summary sheet within five (5) Days of completion of the Additional Work will result in Design-Builder’s waiver for any reimbursement of any costs associated with the Additional Work.
12.3 Partnering.
A. Dispute Resolution Ladder. At the discretion of City, the Parties will partner to create a dispute resolution ladder to facilitate open communication and close cooperation that involves both Design-Builder and City personnel working together for the purpose of establishing a mutually beneficial, proactive, cooperative environment within which to achieve Project objectives, resolve issues, and implement actions as required. The dispute resolution ladder will 493
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provide the authority for both Design-Builder and City personnel at all levels with parameters and procedures for escalating disputes.
12.4 Procedure for Resolving Claims.
A. Prerequisites. Design-Builder shall timely comply with any and all requirements of the Contract Documents pertaining to notices and requests for changes to a GMP or Contract Time, including but not limited to all requirements for a Change Order, as a prerequisite to filing any claim governed by this Article.
The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Design-Builder’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.
B. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with all Applicable Law, including but not limited to these statutes.
C. Claims.
1. For purposes of this Article, “Claim” means a separate demand by DesignBuilder for:
a. An adjustment to the Contract Time including, without limitation, for relief from damages or penalties for delay assessed by City; b. Payment by City of money or damages arising from Services done by or on behalf of Design-Builder pursuant to the Contract, payment for which is not otherwise expressly provided or to which DesignBuilder is not otherwise entitled; or c. An amount the payment of which is disputed by City.
2. A “Claim” does not include any demand for payment for which DesignBuilder has failed to provide notice, submit a Change Order Request, or otherwise failed to follow any procedures contained in the Contract Documents.
D. Filing Claims. Claims governed by this Article may not be filed unless and until Design-Builder completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to a GMP or Contract Time, and Design-Builder’s Change Order Request has been denied in whole or in part. 494
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Claims governed by this Article must be filed no later than thirty (30) Days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to City and shall include on its first page the following words in 16-point capital font:
“THIS IS A CLAIM.” The Claim shall include all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.
E. Documentation. Design-Builder shall submit all Claims in the following format:
1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made
2. List of documents relating to Claim:
a. Technical Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other
3. Chronology of events and correspondence
4. Narrative analysis of Claim merit
5. Analysis of Claim cost, including calculations and supporting documents
6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of Contract Time is requested
F. City’s Response. Upon receipt of a Claim pursuant to this Article, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide Design-Builder a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 Days after City issues its written statement.
1. If City needs approval from the City Council to provide Design-Builder a written statement identifying the disputed portion and the undisputed 495
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portion of the Claim, and the City Council does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) Days following the next duly publicly noticed meeting of the City Council after the 45-Day period, or extension, expires to provide Design-Builder a written statement identifying the disputed portion and the undisputed portion.
2. Within 30 Days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against Design-Builder. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and Design-Builder. Design-Builder shall provide the requested documentation or information within 30 Days of the written request by City. City’s written response to the Claim, as further documented, shall be submitted to Design-Builder within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by Design-Builder in producing the additional information or requested documentation, whichever is greater.
G. Meet and Confer. If Design-Builder disputes City’s written response, or City fails to respond within the time prescribed, Design-Builder may so notify City, in writing, either within 15 Days of receipt of City’s response or within 15 Days of City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.
H. Mediation.
1. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide Design-Builder a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by Design-Builder in writing, shall be submitted to nonbinding mediation, with City and Design-Builder sharing the associated costs equally. City and Design-Builder shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.
2. If the Parties cannot agree upon a mediator, each Party shall select a mediator, and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each Party shall 496
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bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Article.
4. Unless otherwise agreed to by City and Design-Builder in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
5. The mediation shall be held no earlier than the date Design-Builder completes the applicable GMP Work Package or the date that DesignBuilder last performs Work on the Project, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.
I. Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, Design-Builder must file a California Government Code claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the California Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a California Government Code claim must be filed shall be tolled from the time DesignBuilder submits his or her written Claim pursuant to subdivision (a) until the time that mediation is completed.
J. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:
1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with California Public Contract Code section 9204 and the terms of the Contract.
The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the California Code of Civil Procedure, notwithstanding 497
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Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the California Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the California Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
K. Government Code Claim Procedures.
1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the California Government Code.
2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, GMP or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, Design-Builder must comply with the claim procedures set forth in California Government Code section 900, et seq. prior to filing any lawsuit against City.
3. Such California Government Code claims and any subsequent lawsuit based upon the California Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or GMP for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Design-Builder. If Design-Builder does not comply with the California Government Code claim procedure or the prerequisite contractual requirements, Design-Builder may not file any action against City.
4. A California Government Code claim shall be inclusive of all unresolved Claims known to Design-Builder or that should reasonably by known to Design-Builder excepting only new unrelated Claims that arise after the California Government Code claim is submitted.
L. Non-Waiver. City’s failure to respond to a Claim from Design-Builder within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this Article.
M. Litigation. Any claims, disputes, or controversies between the parties arising out of or related to the Contract, which have not been resolved in accordance 498
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with the procedures set forth herein shall be resolved in a court of competent jurisdiction.
N. Duty to Continue Performance. Unless provided to the contrary in the Contract Documents, Design-Builder shall continue to perform Work, pending the final resolution of any dispute or disagreement between Design-Builder and City. 499
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ARTICLE 13 -COMPLETION; GUARANTEE OF WORK
13.1 Final Completion.
A. Conditions for Final Completion of Work. The following conditions shall be satisfied by Design-Builder to constitute Final Completion of Work, each of which must be satisfied in all material respects by Design-Builder to terminate the Contract Time:
1. Governmental Approvals. All Governmental Approvals required under Applicable Law and the Contract to be obtained by Design-Builder shall be in full force and effect for the Work, and certified copies of all such Governmental Approvals shall have been delivered to City;
2. Contract Documentation. Design-Builder has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, Record Drawings, and other documents required by the Contract Documents for the Project.
3. Conditions in Special Conditions or GMP Amendment. Any and all conditions required by the Special Conditions or the GMP Amendment have been satisfied by Design-Builder and approved by City; and
4. Certification of Final Completion. City has approved in writing a Certificate of Final Completion that the Work is entirely complete and in all respects is in compliance with the Contract Documents, including, but not limited, to the Punch List for the Work;
B. Certificate of Final Completion. The process for City issuing a Certificate of Final Completion consists of the following:
1. Design-Builder shall notify City in writing that Work is complete and request that City issue a Certificate of Final Completion.
2. City will inspect the Work and determine if the Work is complete in accordance with the Contract Documents and any and all conditions required by the Special Conditions or GMP Amendment.
3. If City determines that the Work is not complete, City will notify DesignBuilder in writing of the Work to be completed and issue a Punch List.
4. Design-Builder shall complete the Punch List and re-submit the request for Final Completion. Should the Punch List items be found not in compliance with the requirements of the Contract Documents, City will notify DesignBuilder in writing of items of noncompliance. Design-Builder shall take such measures as necessary to complete such items of noncompliance. Failure 500
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to include an item on the Punch List does not alter Design-Builder’s responsibility to comply with the Contract Documents.
5. If City determines that the Work is entirely complete, a Certificate of Final Completion will be issued by City. The certificate shall establish the date of Final Completion for the Work.
C. Certificate of Final Completion. Issuance of a Certificate of Final Completion shall not discharge the duty of Design-Builder to complete the Work in accordance with the Contract Documents and shall not constitute a waiver of defects or missing or incomplete Work, whether or not identified in the Punch List.
13.2 Guarantee of Work.
A. Project Warranty.
1. Design-Builder warrants and guarantees in its Project Warranty, without limitation, the following:
a. Work shall: (i) be new, of recent manufacture and of good quality; (ii) conform to the requirements of the Contract Documents; and (iii) be free of material faults or defects.
b. All items having a manufacturer's warranty installed under the Contract shall be installed by or under the directive of the manufacturer or his certified agent in order to conform with the manufacturer's warranty requirements. All Work, including any repairs or replacements, involving manufacturer's products shall be performed in accordance with manufacturer's recommendations in order to maintain all warranties.
c. Neither final payment nor any provision in the Contract Documents shall relieve Design-Builder of responsibility for faulty materials or workmanship.
2. Design-Builder acknowledges and agrees that the Project Warranty is in addition to, and not in limitation of, any other warranties, rights and remedies available to City under the Contract or Applicable Law, and shall not limit Design-Builder’s liability or responsibility imposed by the Contract or Applicable Law with respect to the Work, including to latent defects, gross mistakes, or fraud. Nothing in the Project Warranty or in the Contract Documents shall be construed to limit the rights and remedies available to City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.
B. Project Warranty Period and Work.
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1. Design-Builder hereby agrees to repair or replace, at the discretion of City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation, fail to conform to the Contract Document requirements or otherwise not in accordance with the requirements of the Project Warranty, together with any other Work which may be damaged or displaced by such defect(s) commencing on date of Final Completion for the Work and terminating after a period of two (2) years (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) without any expense whatever to City, ordinary wear and tear and unusual abuse and neglect excepted.
2. Design-Builder shall remedy at its sole expense any damage to City-owned or controlled real or personal property. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Design-Builder.
3. For any warranty Work so corrected, Design-Builder’s obligation hereunder to correct the warranty Work shall be reinstated for a two (2) year period after the Work is corrected. This additional warranty period shall apply only to that portion of Work that was corrected. Design-Builder shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract Documents.
4. In the event of Design-Builder’s failure to comply with the above-mentioned conditions within ten (10) Days after being notified in writing of required repairs, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at DesignBuilder’s sole expense. Design-Builder shall be obligated to fully reimburse City for any expenses incurred hereunder immediately upon demand.
5. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of Design-Builder not in accordance with the Contract requirements, City may undertake at Design-Builder’s expense, and without prior notice, all Work necessary to correct such condition.
C. Manufacturer’s Warranties. Without limiting the Project Warranty or any guarantees of Design-Builder in the Contract Documents or at law, DesignBuilder shall obtain for City all warranties that would be given in normal commercial practice and assign to City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Design-Builder and provided as part of the Work, to the extent that such third-party warranties are 502
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assignable and extend beyond the warranty period set forth in this Article.
Assignments will not relieve Design-Builder of its responsibility in the case of a manufacturer’s or installer’s failure to fulfill guarantee or warranty provisions.
Design-Builder shall furnish City with all warranty and guarantee documents prior to final acceptance of the Project by City as required. Nothing in these Contract Documents is intended to limit any third-party warranty that provides City with greater warranty rights than those provided under the Project Warranty, as set forth in the Contract.
D. City Furnished Materials and Equipment. When specifically indicated in the Contract Documents or when directed by City, City may furnish materials or equipment to Design-Builder for installation and incorporation into the Work. In the event any act or failure to act by Design-Builder shall cause a warranty applicable to any materials or products purchased by City for installation by Design-Builder to be voided or reduced, Design-Builder shall indemnify City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Design-Builder.
E. No Limitation Period. Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations that DesignBuilder has under the Contract or under Applicable Law with respect to the Work, including warranties, guarantees, and obligations with respect to latent defects. The warranty period for the Project Warranty relates only to the specific obligations of Design-Builder to respond to notices from City under the Project Warranty, and have no relationship to the time within which the obligation of Design-Builder to comply with the Contract may be enforced, nor the time within which proceedings may be commenced to establish DesignBuilder’s liability with respect to its obligations under the Contract. 503
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ARTICLE 14 - TERMINATION; SUSPENSION
14.1 Termination of Phase 1 Services.
A. Termination Without Cause.
1. City may, at any time, with or without reason, terminate the Contract during Phase 1 and compensate Design-Builder only for the Phase 1 Services satisfactorily rendered to the date of termination. Written notice by City shall be sufficient to stop further performance of Phase 1 Services by DesignBuilder. Notice shall be deemed given when received by Design-Builder or no later than three (3) Days after the day the notice was mailed, whichever is sooner. Design-Builder cannot terminate the Contract without cause.
2. All deliverables including, without limitation, Early Purchase Items, Early Construction Packages, Construction Documents, Work Product, drawings, documents, engineering, budget costs, preliminary design, schedule and data developed by Design-Builder during the Phase 1 shall become the exclusive property of City and shall be provided to City within ten (10) Days of City’s notice to Design-Builder of termination.
B. Termination for Cause by City.
1. City may terminate the Contract during the Phase 1 upon giving of written notice of intention to terminate for cause. Cause shall include, without limitation, the following:
a. material violation of the Contract by Design-Builder; b. any act by Design-Builder exposing City to liability to others for personal injury or property damage; or
c. Design-Builder is adjudged to be bankrupt, Design-Builder makes a general assignment for the benefit of creditors or a receiver is appointed on account of Design-Builder’s insolvency.
2. Written notice by City shall contain the reasons for such intention to terminate and unless within three (3) Days after that notice the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, the Contract shall upon the expiration of the three (3) Days cease and terminate. In the event of this termination, City may secure Phase 1 Services from another contractor. If the expense, fees, and/or costs to City exceeds the cost of providing Phase 1 Services pursuant to the Contract, Design-Builder shall immediately pay the excess expense, fees, and/or costs to City upon the receipt of City’s notice of these expense, fees, and/or costs. The foregoing provisions are in addition to and not a limitation of any other rights or remedies available to City.
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3. All deliverables including, without limitation, Early Purchase Items, Early Construction Packages, Work Product, documents, engineering support, budget costs, schedule and data developed by Design-Builder during the Preconstruction Phase shall become the exclusive property of City and shall be provided to City within ten (10) Days of City’s notice to DesignBuilder of termination.
14.2 Suspension of Phase 1 Services by City.
A. City may, for any reason, through a written notice to Design-Builder, order Design-Builder to suspend performance of Phase 1 Services. Prior to any resumption of Phase 1 Services in the City’s direction, Design-Builder shall notify City of any additional costs Design-Builder believes it is entitled to within 30 Days of its receipt of the request to resume suspended Phase 1 Services, or such claim shall conclusively be deemed to have been waived. City shall not be liable for any additional costs, damages or anticipated profits incurred by Design-Builder or its Subcontractors and the Phase 1 Fee shall not be increased during the period of suspension, except the actual costs incurred by Design-Builder, excluding overhead and profit, for reasonable and unavoidable costs of suspending Phase 1 Services. If Design-Builder establishes that the suspension of Phase 1 Services had a material and adverse effect on DesignBuilder’s costs for the performance of Phase 1 Services, Design-Builder shall be entitled to cost relief, as appropriate and determined by City acting reasonably and subject to Design-Builder’s duty to mitigate damages.
14.3 Suspension of Work by City.
A. City in its sole and absolute discretion for any reason or no reason whatsoever may at any time, with or without cause, suspend performance of all or any part of the Work by giving not less than five (5) Days’ written notice to DesignBuilder. Such notice of suspension of Work will designate the amount and type of labor, material and equipment to be committed to the Project during the period of suspension. Design-Builder shall use its best efforts to utilize its labor, material, and equipment in such a manner as to minimize costs and/or Project schedule impacts associated with suspension.
B. Upon receipt of any such notice, Design-Builder shall, unless the notice requires otherwise, do the following: (1) immediately discontinue Work on the date and to the extent specified in the notice; (2) place no further orders or subcontracts for material, services, equipment or facilities with respect to suspended Work other than to the extent required in the notice; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and (4) continue to protect and maintain the Project including those portions on which Work have been suspended. 505
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C. City shall not be liable for any additional costs, damages or anticipated profits incurred by Design-Builder or its Subcontractors and the GMP shall not be increased during the period of suspension, except the actual costs incurred by Design-Builder, excluding overhead and profit, for (a) the purpose of safeguarding the Project and material and equipment in transit or at the Site during the period of suspension, (b) Design-Builder’s or its Subcontractor’s rented equipment which must maintained at the Site and to the extent costs cannot be mitigated by Design-Builder, or (c) other reasonable and unavoidable costs of shutting down the Project, or reassembling personnel and equipment resulting directly from such suspension. Design-Builder shall be granted an extension of the Contract Time equal to the number of days performance of Work are suspended; provided, however, that no actual costs or extension of Contract Time shall be granted if the suspension results from Design-Builder's non-compliance with the requirements of the Contract.
14.4 Termination of Work for Cause by City.
A. In the sole estimation of City, if Design-Builder refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete Work within such time, or if DesignBuilder should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or Design-Builder or any of its Subcontractors should violate any of the provisions of the Contract, City may serve written notice upon Design-Builder and its surety of City's intention to terminate the Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate the Contract, and a statement to the effect that DesignBuilder's right to perform the Contract shall cease and terminate upon the expiration of ten (10) Days unless such violations have ceased and arrangements satisfactory to City have been made for correction of said violations.
B. After expiration of the ten (10) Day period, City may terminate the Contract by providing a notice of termination to Design-Builder. City may take over and complete the Work by any method it may deem appropriate, including enforcement of the Performance Bond. If City takes over the Work, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Design-Builder as may be on the Site.
C. Design-Builder shall not be entitled to receive any further payment hereunder as a result of such termination. Design-Builder and its surety shall be liable to City for any excess costs or other damages incurred by City to complete the Work, including professional services and expenses, reasonable overhead, profit, and attorneys' fees. This payment obligation shall survive completion of the Project and termination or expiration of the Contract. 506
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14.5 Termination of Work for Convenience by City.
A. City may terminate performance of the Work in whole or, from time to time, in part, upon ten (10) Days written notice if City determines that termination is in City's interest. Design-Builder shall discontinue all or any part of the Work upon delivery to Design-Builder of a notice of termination specifying that the termination is for the convenience of City, the extent of termination, and the effective date of such termination.
B. After receipt of notice of termination, and except as directed by City, DesignBuilder shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations: (1) stop Work as specified in the notice of termination; (2) complete any Work specified in the notice of termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents; (3) leave the Site upon which Design-Builder was working in a safe and sanitary manner such that it does not pose any threat to the public health or safety; (4) terminate all subcontracts to the extent that they relate to the portions of the Work terminated; and (5) place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
C. In case of such termination for City’s convenience, Design-Builder shall be entitled to receive payment for Work actually completed by Design-Builder in conformity with the Contract prior to Design-Builder’s receipt of City’s notice of termination and costs incurred by reason of such termination. Any documentation substantiating costs incurred by Design-Builder solely as a result of City's exercise of its right to terminate the Contract pursuant to this clause, which costs Design-Builder is authorized under the Contract documents to incur, shall: (1) be submitted to and received by City no later than 30 Days after the effective date of the notice of termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by City's Termination of Work for Convenience.” If City rejects any costs, Design-Builder shall be deemed to waive the rejected costs unless Design-Builder files a claim within thirty (30) Days of the rejection pursuant to the dispute resolution procedures in these General Conditions.
D. Design-Builder shall be entitled to receive only the amounts payable under this Article, and Design-Builder specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to City.
E. Termination of the Contract shall not relieve surety of its obligation for any just claims arising out of or relating to the Work performed. 507
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F. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, City may immediately order Design-Builder to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of City or the Contract is terminated.
G. If City terminates Design-Builder for cause, and it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Design-Builder shall be entitled to receive only the amounts payable under this Article, and Design-Builder specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.
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ARTICLE 15 - MEASUREMENT; PAYMENT
15.1 Payment of Compensation for Phase 1 Services.
A. Phase 1 Fee. City shall pay Design-Builder the Phase 1 Fee in the manner and subject to the terms and conditions set forth in the Contract. Design-Builder agrees that the Phase 1 Fee, when earned, shall be Design-Builder’s entire compensation and reimbursement for the performance of Phase 1 Services, inclusive of all costs, expenses and disbursements paid or incurred by DesignBuilder, as well as all overhead, administration, risk and profit, subject to adjustment in the Contract Documents.
B. Invoicing. Design-Builder shall submit a monthly itemized statement of Phase 1 Services charges and expenses to City on the fifth (5th) day of each month.
The itemized statement shall reflect the hours spent, or scope of work performed, by Design-Builder in performing its Phase 1 Services, and, if applicable, the statements shall reflect expenses and materials, and the hourly charges shall not exceed the rates set forth in the Contract Documents. The itemized statement shall show the days and hours worked each workday Design-Builder performs Phase 1 Services for the previous month.
C. Payment. Payment for the Phase 1 Services shall be made for all undisputed amounts in monthly installment payments within thirty (30) Days after DesignBuilder submits an itemized statement to City for Phase 1 Services actually completed by Design-Builder. Payment shall not constitute acceptance of any Phase 1 Services completed by Design-Builder.
D. Payment Disputes. Nothing contained in the Contract shall require City to pay for any Phase 1 Services which are not performed in accordance with the terms and conditions of the Contract. If City disputes in good faith any payment request for Phase 1 Services, City shall pay all undisputed amounts when due but may withhold payment of the disputed amount and shall provide DesignBuilder with a written objection indicating the amount being disputed and the reasons then known to City for the dispute. In the event that Design-Builder disputes any amounts offset by City, it shall provide City with a written objection indicating the amount being disputed and the reasons then known to DesignBuilder. If Design-Builder is unable to reach agreement with City as to the payment dispute, Design-Builder may elect to initiate dispute resolution procedures in accordance with the Contract Documents.
15.2 Payment of Compensation for Phase 2 Work.
A. Wavier and Releases. Each application for payment shall show each Subcontractor and Supplier participating in the Work completed during the previous progress period and the dollar amount of such participation. Each progress payment application shall be accompanied by:
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1. A conditional waiver and release upon progress payment pursuant to Civil Code Section 8132 for each Subcontractor and Supplier participating in the Work completed during the previous progress period which shall be in an amount no less than the dollar amount of such participation; and
2. A conditional waiver and release upon progress payment pursuant to Civil Code Section 8132 on behalf of Design-Builder which shall be in an amount no less than the dollar amount of the total requested in the payment application.
3. Completed progress payment form, supplied by City, which includes a payment certification by the Design-Builder certifying that the Work for which payment is requested has been accomplished.
Design-Builder shall thereafter, within twenty (20) Days of receipt of the payment from City, complete an unconditional waiver and release upon progress payment pursuant to Civil Code Section 8134 for each Subcontractor and Supplier participating in the Work completed during the previous progress period and an unconditional waiver and release upon progress payment pursuant to Civil Code Section 8134 on behalf of Design-Builder in an amount no less than the amount received from City, and submit the same with DesignBuilder’s subsequent application for payment.
B. Security for Money Withheld. Pursuant to Section 22300 of the California Public Contract Code, Design-Builder may request City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by City to ensure performance under the Contract. At the request and expense of Design-Builder, securities equivalent to the amount withheld shall be deposited with City or with a state or federally chartered bank as the escrow agent who shall return such securities to Design-Builder upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in Section 22300 of the California Public Contract Code.
C. Cost Breakdown in Schedule of Values. Design-Builder shall furnish on forms approved by City within ten (10) Days of the Notice to Proceed for Phase 2 and prior to submitting its first application for payment, a schedule of values allocating the entire Phase 2 Price to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the City’s Representative may require. This schedule of values, unless objected to by the City’s Representative, shall be used as a basis for reviewing Design-Builder’s applications for payment. City will not issue any payment until it receives and accepts the schedule of values.
D. Progress Estimates and Payment.
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1. Application for Payment Submittal. By the tenth (10th) Day of the following calendar month, Design-Builder shall submit to City’s Representative on forms approved by City a written payment request for payment of the Work, together with such supporting data as City may request, which shall set forth in detail the value of the Work done for the period beginning with the date Work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Design-Builder shall include any amount earned for authorized Change Orders. Design-Builder shall certify under penalty of perjury that all cost breakdowns and periodic estimates accurately reflect the Construction Work performed pursuant to the Contract Documents.
2. Application for Payment Contents. Design-Builder shall submit with each application for payment:
a. An invoice that includes, without limitation, the total GMP, total of additive and deductive Change Orders, total retention, and total Phase 2 Price;
b. An updated schedule of values;
c. An updated Phase 2 CPM Schedule for the Work; and
d. Conditional and unconditional release of liens from Subcontractors and Suppliers.
3. Schedule of Values. Each application for payment shall be based on the most recent schedule of values submitted by Design-Builder in accordance with the Contract Documents. Applications for payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the application for payment. The percentage of completion shall be the percentage of that portion of the Work which Design-Builder has actually been completed.
4. Open Book Basis. Design-Builder acknowledges that the GMP is to be administered on an Open Book Basis relative to the costs of the Construction Work. The payment request shall be supported by such data substantiating Design-Builder’s right to payment as City may require including but not limited to payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, Subcontractor payment requests submitted to Design-Builder, documentation supporting the Subcontractor’s payment requests, and any other evidence or documentation required by City.
5. Retention. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in 511
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the Special Conditions. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of Design-Builder’s payment request.
6. Withholdings. City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Design-Builder, as in its judgment may be necessary to cover:
a. Payments which may be past due and payable for just claims against Design-Builder or any Subcontractors for labor or materials furnished in and about the performance of work on the Project under the Contract.
b. Defective Work not remedied.
c. Failure of Design-Builder to make proper payments to Subcontractors, Suppliers or for labor.
d. Completion of the Work if there is a reasonable doubt that the Work can be completed for balance then unpaid.
e. Damage to another contractor or a third party.
f. Amounts which may be due City for claims against Design-Builder. g. Failure of Design-Builder to keep the Record Drawings up to date. h. Failure to provide an updated CPM Schedule as required herein. i. Site cleanup.
j. Failure to comply with Contract Documents.
k. Liquidated damages.
l. Legally permitted penalties.
7. City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (6)(a), (c), and (e) of this Article, which must be retained or applied in accordance with Applicable Law. In so doing, City shall be deemed the agent of DesignBuilder and any payment so made by City shall be considered as a payment made under contract by City to Design-Builder and City shall not be liable to Design-Builder for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. City will render Design-Builder a proper accounting of such funds disbursed on behalf of Design-Builder.
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8. Upon receipt of an application for payment from Design-Builder, City’s Representative shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Design-Builder as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. City will make the progress payment within 30 Days after the receipt of an undisputed and properly submitted payment request from Design-Builder, provided that a release of liens and claims has been received from Design-Builder pursuant to Civil Code section 8132.
9. Design-Builder warrants and guarantees that title to all Work, materials, and equipment covered by any application for payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens.
10. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.
15.3 Payments to Subcontractors.
A. Design-Builder shall develop and implement procedures for submittal of applications for progress payments to Design-Builder by Subcontractors in accordance with these General Conditions and the review, processing and disbursement of progress payments to Subcontractors, along with associated forms and reporting systems. Design-Builder shall disburse progress payments due each Subcontractor within ten (10) Days of Design-Builder’s receipt of payment from City, except to the extent that Design-Builder’s payment of such amount or any portion thereof is subject to withholdings for a stop payment notice, prevailing wage rate violations or other withholdings of payment(s) due Subcontractors under the terms of the subcontracts or by operation of law.
Design-Builder shall indemnify City against any and all claims arising from or related to the failure of Design-Builder to comply with the prompt payment requirements under the Public Contract Code.
15.4 Final Acceptance and Payment.
A. During Project close-out of the Project, before Final Completion, DesignBuilder shall submit to City a detailed Project accounting setting forth all additive Change Orders approved by City, and, if applicable, all savings generated by Design-Builder during the Project. City shall, within a reasonable amount of time after receipt, review Project accounting to determine its accuracy and reconcile the any potential savings and approved and unapproved Change Orders to determine the final cost to complete Phase 2. If City determines that there are savings due to either Party, or if City determines that the GMP needs to be adjusted upward because of unapproved Change Orders, City may issue a unilateral additive or deductive Change Order (as 513
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applicable). Design-Builder’s compliance with this Section is a material term of the Contract necessary for Final Completion of the Project, and Design-Builder acknowledges that City shall not be obligated to release retention until DesignBuilder complies with this Section.
B. Unless Design-Builder advises City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the Contract Documents where City has adopted a finding of completion, or the return of securities held as described herein, said acceptance shall operate as a release to City of all claims and all liability to Design-Builder for all things done or furnished in connection with this Work and for every act of negligence of City and for all other claims relating to or arising out of this Work. If Design-Builder advises City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due Design-Builder, City may pay the undisputed amount contingent upon Design-Builder furnishing a release of all undisputed claims against City with the disputed claims in stated amounts being specifically excluded by Design-Builder from the operation of the release.
No payment, however, final or otherwise, shall operate to release DesignBuilder or its sureties from the faithful Performance Bond, Payment Bond, or from any other obligation under the Contract.
C. In case of termination of the Contract any unpaid balance shall be and become the sole and absolute property of City to the extent necessary to repay City any excess in the cost of the Work above the GMP.
D. Final payment of the five percent (5%) retention shall be made no later than 60 Days after the date of Final Completion, provided that a release of liens and claims has been received from Design-Builder pursuant to Civil Code section 8136. In the event of a dispute between City and Design-Builder, City may withhold from the final payment an amount not to exceed 150% of the disputed amount.
E. Within ten (10) Days from the time that all or any portion of the retention proceeds are received by Design-Builder, Design-Builder shall pay each of its Subcontractors from whom retention has been withheld each Subcontractor’s share of the retention received. However, if a retention payment received by Design-Builder is specifically designated for a particular Subcontractor, payment of the retention shall be made to the designated Subcontractor if the payment is consistent with the terms of the subcontract.
F. The making and acceptance of final payment will constitute a waiver of all Claims by Design-Builder against City other than those previously made in accordance with the requirements herein and expressly acknowledged by City in writing as still unsettled.
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ARTICLE 16 -MISCELLANEOUS CONTRACT PROVISIONS
16.1 Separate Contracts.
A. Design-Builder understands that this is not an exclusive contract and that City shall have the right to negotiate with and enter into separate contracts with others providing the same or similar services as those provided by DesignBuilder as City desires.
16.2 Notice.
A. All notices shall be in writing and either served by personal delivery or mailed to the other Party. Written notice to Design-Builder shall be addressed to Design-Builder’s principal place of business unless Design-Builder designates another address in writing for service of notice. Notice to City shall be addressed to City as designated in the Contract unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
16.3 Notice of Third Party Claims.
A. Pursuant to Public Contract Code section 9201, City shall provide DesignBuilder with timely notification of the receipt of any third-party claims relating to the Contract. City is entitled to recover reasonable costs incurred in providing such notification.
16.4 Cumulative Remedies.
A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.
16.5 Survival of Obligations.
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Project or termination or completion of the Contract or termination of the services of Design-Builder.
16.6 Controlling Law.
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A. Notwithstanding any subcontract or other contract with any Subcontractor, Supplier, or other person or organization performing any part of the Project, the Contract shall be governed by the law of the State of California excluding any choice of law provisions.
16.7 Jurisdiction; Venue.
A. Design-Builder and any Subcontractor, supplier, or other person or organization performing any part of the Project agree that any action or suits at law or in equity arising out of or related to the proposal process, award, or performance of the Project shall be maintained in the Superior Court of Riverside County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.
16.8 Prohibited Interests.
A. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Project, shall be or become directly or indirectly interested financially in the Contract. Design-Builder warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining the Contract.
16.9 Severability.
A. If any provision of the Contract is found by a court of competent jurisdiction to be void, invalid or unenforceable, then the Parties agree that such invalidity or unenforceability shall have no effect whatsoever on the balance of the Contract.
16.10 Headings.
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.
16.11 City’s Right to Audit.
A. Design-Builder shall make available to City for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to City. If Design-Builder submits a Change Order Request or a Claim to City, City shall have the right to audit Design-Builder’s books, records, documents, and other evidence to the extent they are relevant.
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B. The right to audit shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted, including but not limited to job cost reports, estimates, proposals, bids, proposal papers, documents of other work administered by Design-Builder’s home office, and any and all other documentation relied upon by Design-Builder to obtain the Contract. City shall have the right to make and take copies of any records examined.
C. The right to audit shall include the right to inspect Design-Builder’s plans, or such parts thereof, as may be or have been engaged in the performance of the Project. Design-Builder further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The right to audit provided herein shall be exercisable through such representatives as City deems desirable during Design-Builder’s normal business hours at Design-Builder’s office.
D. In accordance with Government Code Section 8546.7, records of both City and Design-Builder shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. Design-Builder shall make available to City any of Design-Builder’s other documents related to the Project immediately upon request of City. In addition to the State Auditor’s rights described above, City shall have the right to examine and audit all books, estimates, records, contracts, documents, Proposals, subcontracts, and other data of Design-Builder (including electronic records, computations and projections) related to negotiating, pricing, or performing the Project in order to evaluate the accuracy and completeness of the cost or pricing data, for a period of four (4) years after final payment.
16.12 Assignment.
A. Design-Builder shall not assign, transfer, convey, sublet, or otherwise dispose of the Contract or any part thereof including any claims, without prior written consent of City. Any assignment without the written consent of City shall be void. Any assignment of money due or to become due under the Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.
16.13 Assignment of Antitrust Actions.
A. As set forth in Public Contract Code section 7103.5, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and 517
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agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to the Design-Builder, without further acknowledgment by the Parties.
16.14 State License Board Notice.
A. Contractors are required by law to be licensed and regulated by Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, the Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
16.15 Change In Name or Nature of Design-Builder’s Legal Entity.
A. Should a change be contemplated in the name or nature of Design-Builder’s legal entity, Design-Builder shall first notify City in order that proper steps may be taken to have the change reflected in the Contract Documents and all related documents. No change of Design-Builder’s name or nature will affect City’s rights under the Contract Documents, including but not limited to the bonds and insurance.
16.16 Other Legal Provisions.
A. Notices. Design-Builder shall give all notices and comply with Applicable Laws bearing on conduct of Work as indicated and specified by their terms.
References to specific laws, rules or regulations in the Contract are for reference purposes only and shall not limit or affect the applicability of provisions not specifically mentioned. If Design-Builder observes that Design Documents are at variance therewith, Design-Builder shall promptly notify City in writing, and any necessary changes shall be adjusted as provided for in the Contract for changes in Work. If Design-Builder performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to City, Design-Builder shall bear all costs arising therefrom.
B. ADA. Design-Builder shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Design-Builder shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable.
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C. Mined Material. Design-Builder acknowledges and understands that pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for the Contract.
D. Other Laws. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by City, at no increase in the GMP or extension of Contract Time, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party hereunder.
END OF GENERAL CONDITIONS
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ATTACHMENT 2
PHASE 1 SCOPE OF SERVICES
The Project includes two phases, each of which is more fully described in the Contract Documents. The scope shall include, but will not be limited to the following:
(1) preconstruction design phase services and GMP negotiation (“Phase 1”) (2) demolition and preparation of the existing site, and construction services to complete the Project (“Phase 2”)
Project Management:
Throughout the Project, the Proposer shall be responsible for maintaining consistent and transparent communication with the City through a combination of written reports, scheduled meetings, and status updates. Proposer will be expected to attend regular meetings with the City as requested and provide all necessary project management functions, including administrative duties such as timely submission of monthly invoices and summaries of work completed.
A. Design Phase (Phase 1): The Proposer shall provide weekly updates, including progress reports and meeting summaries, with frequency adjusted as needed based on project milestones and activity levels.
B. Construction Phase (Phase 2): The Proposer shall continue to provide regular updates, including detailed status reports, issue tracking, and coordination meeting documentation, ensuring timely communication of progress, risks, and mitigation strategies.
PHASE 1: Design Advancement and GMP Development
Phase 1 includes, but is not limited to, a comprehensive suite of pre-construction services focused on reviewing, value engineering, redesigning, and advancing the project’s design, culminating in a final negotiated Guaranteed Maximum Price (“GMP”). The Proposer will be responsible for evaluating the existing Schematic Design (“SD”) package and developing a revised 30% SD package that incorporates City-approved redesign and Value Engineering (“VE”) measures while maintaining the City’s approved program objectives. The revised design shall be developed toward a target total Design-Build Contract amount not to exceed $37 million. In addition, the Proposer shall assume full responsibility for ensuring code compliance, securing all necessary permits, and adhering to applicable state and federal regulations throughout the duration of this phase.
Cost validation begins with the Design Validation Report submitted with this RFP and is progressively refined during the schematic redesign and subsequent design advancement through Independent Cost Estimating (“ICE”) reconciliation, VE, constructability review, schedule development, and risk evaluation, culminating in the GMP.
All reports, studies, estimates, schedules, registers, design submittals, VE analyses, and other work products identified in this Section 3 are required and shall be prepared by the Proposer for City review, evaluation, and decision-making.
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incorporation of VE and redesign measures, and progression toward the GMP shall be subject to City review and concurrence, unless otherwise expressly stated.
Completion of any Phase 1 task shall not authorize advancement toward GMP negotiation absent an explicit City Decision.
Cost validation during Phase 1 is a sequential process intended to progressively transform early design concepts into a defined scope, cost, schedule, and risk profile sufficient to support a GMP. The Design Validation Report establishes the initial cost baseline and identifies key assumptions, scope gaps, VE and redesign opportunities, and required City decisions. That baseline is subsequently refined through development of the revised 30% SD package, ICE reconciliation, VE, schedule validation, and formal risk evaluation at established design milestones.
The revised 30% SD package shall establish the basis for subsequent Design Development and Construction Document phases and shall reflect City-approved design modifications and VE measures developed toward the $37 million target total Design-Build Contract amount. If cost estimates indicate that the project is anticipated to exceed the established target, the Proposer shall identify and evaluate additional design modifications, VE measures, or scope adjustments for City consideration.
No individual cost deliverable, including preliminary estimates, ICE opinions, VE concepts, or schedules, shall be considered in isolation. Each deliverable shall build upon previously reviewed information and shall be reconciled with all other Phase 1 work products and the current design submittal.
Advancement toward GMP negotiation shall occur only upon an explicit City Decision confirming that cost, scope, schedule, and risk are sufficiently aligned with the City’s project objectives and established cost target. If such alignment is not achieved, the City may direct additional Phase 1 services, including additional redesign or VE, modify scope or assumptions, or terminate Phase 1 activities, at the City’s discretion.
All applicable electronic documents and digital deliverables prepared or submitted under Phase 1 shall comply with the digital accessibility requirements set forth in Attachment 1 – General Conditions, Section 5.1(C).
1. Design Advancement – Schematic Design Redesign, Value Engineering, and Design Development (“SD & DD”) Phases
Conduct a comprehensive review of existing schematic design documentation and perform additional schematic design, value engineering, and redesign necessary to develop a revised 30% Schematic Design Package that aligns the project scope with the City’s program objectives and established project cost target.
The Progressive Design-Build team shall evaluate and refine the existing schematic design, including modifications to building systems, materials, site improvements, architectural elements, and other project components where appropriate to improve cost efficiency, constructability, operations, and overall project value. The revised design shall maintain the City’s approved program objectives while targeting a total Design-Build Contract amount not to exceed $37 million.
This phase includes:
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A. Review and validation of the existing Schematic Design Package, including identification of design elements, systems, materials, and project features that may be modified, simplified, or redesigned to achieve the City’s project objectives and cost target.
B. Development and evaluation of schematic design alternatives and value engineering options, including associated cost, schedule, operational, constructability, and lifecycle implications.
C. Preparation of a revised 30% Schematic Design Package incorporating City-approved redesign and value engineering measures.
D. Advancement of the City-approved revised 30% Schematic Design Package through Design Development and Construction Documents.
E. Recommendations for additional refinements to improve operational efficiency, sustainability, constructability, lifecycle performance, or cost efficiency while maintaining the approved project program and design objectives.
F. Coordination with relevant disciplines and City staff to ensure integrated and cohesive design progression.
2. Constructability Review
Evaluate the feasibility of the proposed and revised design from a construction perspective to proactively identify and mitigate potential challenges. This includes:
A. Assessment of site conditions, phasing constraints, and logistical considerations.
B. Recommendations to improve construction sequencing, access, and safety.
C. Constructability input during schematic redesign and value engineering to ensure proposed design modifications are practical, cost-effective, and consistent with the project schedule.
3. Value Engineering (“VE”)
Facilitate a collaborative, structured value engineering process to identify cost-saving opportunities without compromising the City’s approved program objectives, required performance, or regulatory compliance. VE activities identified during preparation of the Design Validation Report shall be carried forward, refined, and documented in accordance with the VE requirements of this Section.
Value engineering shall begin during the schematic redesign effort and shall be used in conjunction with cost estimating to develop the revised 30% Schematic Design Package toward a total Design-Build Contract target not to exceed $37 million. VE shall continue throughout Phase 1 as the design advances.
Activities include:
A. Comparative analysis of alternative design approaches, materials, systems, and methods.
B. Lifecycle cost assessments and performance evaluations.
C. Stakeholder workshops to review and prioritize VE options.
D. Development and maintenance of a VE log identifying each proposed item, anticipated cost impact, schedule impact, operational or lifecycle considerations, City disposition, and incorporation into the design documents.
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E. Incorporation of City-approved VE and redesign measures into the revised 30% Schematic Design Package and subsequent design submittals.
4. Cost Estimating and Scheduling
Develop detailed cost projections and a realistic project schedule to support informed decision-making and resource planning. Cost estimating shall begin concurrently with the schematic redesign and VE process and shall be used to evaluate design alternatives and guide development of the revised 30% Schematic Design Package toward the City’s target total Design-Build Contract amount not to exceed $37 million.
These cost estimates shall be presented at the revised 30%, 60% and 90% completion phases of the Design and Construction Documents for ICE reviews. This includes:
A. Itemized cost estimates based on current market data and design scope, including reconciliation of the revised design against the $37 million DesignBuild Contract target.
B. Development of a master schedule with key milestones, dependencies, long lead time items, and critical path analysis that illustrates how the Proposer will meet Substantial Completion by September 30, 2028.
Items to consider in the development of key milestones are:
I. Identification of required services and deliverables from the City, including review timelines, permitting, public safety and utility coordination, public engagement, and amendment award and processing.
II. Perform early utility coordination.
C. Cost reconciliation between ICE and the Proposer supplied cost estimates at the revised 30%, 60%, and 90% design milestones.
D. Identification of additional design modifications, VE measures, or scope adjustments for City consideration if a cost estimate exceeds the established $37 million Design-Build Contract target.
5. Permitting and Support
Identifying all necessary permits, obtain all City and other agency approvals required for project execution and support the preparation and submission of permit applications. This includes developing a permitting matrix:
A. Regulatory pathway analysis and timeline development.
B. Coordination with permitting agencies to clarify requirements and expectations.
C. Preparation of supporting documentation and responses to agency comments.
6. Construction Document (“CD”) Package Development
Prepare comprehensive construction documentation to support bidding, procurement, and execution of the Project, including any approved early work packages. This includes:
A. Finalization of drawings, specifications, and technical details.
B. Integration of approved VE items, schematic redesign decisions, and constructability recommendations.
C. Coordination with procurement and construction teams to ensure clarity and completeness.
7. FF&E Package Development
523
Contract No. ____________
Attachment 2 – Phase 1 - Scope of Services
148
Provide professional services to develop, refine, and finalize the selection and specification of the Furniture, Fixtures, and Equipment ("FF&E") package. This shall be based on the preliminary selections included in the SD package and shall be coordinated with the revised schematic design, approved VE measures, and overall project cost target. This shall include:
A. Coordination with the City to validate selections;
B. Identification of final product specifications, finishes, and quantities; C. Evaluation of domestic sourcing options in alignment with the City’s preference for American-made products;
D. Preparation of procurement-ready documentation including cut sheets, schedules, and vendor information;
E. Support during procurement and installation phases as needed.
8. Submission of a GMP & Construction Schedule
Delivery of a comprehensive GMP proposal for City review and approval, including detailed cost breakdowns, allowances, contingencies, and assumptions.
A. The submission shall reflect coordination with the final design documents and incorporate all scope elements, VE outcomes, applicable regulatory requirements and a detailed, cost-loaded CPM construction schedule.
B. The Progressive Design-Build team shall manage design development, estimating, VE, and constructability activities throughout Phase 1 toward a final GMP consistent with the City’s target total Design-Build Contract amount not to exceed $37 million. Any anticipated exceedance shall be promptly identified and presented to the City with recommended design, scope, or VE options for City consideration
Phase 1 will conclude with a final, negotiated, and mutually agreed-upon GMP proposal for the full construction of the project. If the City accepts the GMP, the Contract will be amended to initiate Phase 2. It is important to note that the City is not obligated to proceed with Phase 2. If negotiations with the Proposer are unsuccessful, the City retains full ownership of all Phase 1 work products, including design documents, and may use them to complete the project through alternative means.
Key Milestones for Phase 1:
1. Schematic Design Review, Redesign, and Value Engineering
2. City Review and Approval of Schematic Design and VE Recommendations
3. Revised 30% Schematic Design Package
4. 60% Submittal
5. 90% Submittal
6. Cost Estimate, ICE Reconciliation, and Schedule Submission at the revised 30%, 60%, and 90% design milestones
7. Permit Matrix Finalization and Plan Check Submissions
8. Site Preparation Plan Approval
9. Construction Documents Approval
10.Submission of GMP Proposal and Construction Schedule
11.GMP Decision
524
Contract No. ____________
Attachment 2 – Phase 1 - Scope of Services
149
The completion milestone for Phase 1 is set for three hundred (300) calendar days from the issuance date of the Notice to Proceed
525
Contract No. ____________
Attachment 3 – Special Conditions
150
ATTACHMENT 3
SPECIAL CONDITIONS
ARTICLE 1 - DEFINITIONS; TERMINOLOGY
1.1. NOT USED.
ARTICLE 2 - CONTRACT DOCUMENTS: iNTENT, AMENDING, REUSE
2.1. NOT USED.
ARTICLE 3 - INDEMNIFICATION; INSURANCE; BONDS
3.1. NOT USED.
ARTICLE 4 - CITY RESPONSIBILITIES GENERALLY
4.1. NOT USED.
ARTICLE 5 - DESIGN-BUILD ENTITY’S RESPONSIBILITIES
5.1. STAFFING OF PROJECT
ARTICLE 6 - COST OF THE CONSTRUCTION WORK
6.1. CONSTRUCTION WORK PERFORMED BY DESIGN-BUILDER.
6.2. DESIGN-BUILDER’S FEE.
6.3. SELF-PERFORMED CONSTRUCTION WORK.
6.4. SUBCONTRACTED CONSTRUCTION WORK.
6.5. SHARED COST SAVINGS.
6.6. ESCALATION.
ARTICLE 7 - SUBMITTALS; SHOP DRAWINGS
7.1. NOT USED.
ARTICLE 8 - MATERIALS; EQUIPMENT
8.1. NOT USED.
ARTICLE 9 - PROJECT SITE
9.1. NOT USED.
ARTICLE 10 - PROSECUTION OF THE WORK
10.1. NOT USED.
ARTICLE 11 - SCHEDULE; CONTRACT TIME
11.1. NOT USED.
ARTICLE 12 - CHANGE IN CONTRACT PRICE; CHANGE IN CONTRACT TIMES
12.1. NOT USED.
526
Contract No. ____________
Attachment 3 – Special Conditions
151
ARTICLE 13 - COMPLETION; GUARANTEE OF WORK
13.1. NOT USED.
ARTICLE 14 - TERMINATION; SUSPENSION
14.1. NOT USED.
ARTICLE 15 - MEASUREMENT; PAYMENT
15.1. NOT USED.
527
Contract No. ____________
Attachment 3 – Special Conditions
152
ARTICLE 1 - DEFINITIONS; TERMINOLOGY
1.1. NOT USED.
528
Contract No. ____________
Attachment 3 – Special Conditions
153
ARTICLE 2 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
2.1. NOT USED.
529
Contract No. ____________
Attachment 3 – Special Conditions
154
ARTICLE 3 - INDEMNIFICATION; INSURANCE; BONDS
3.1. NOT USED.
530
Contract No. ____________
Attachment 3 – Special Conditions
155
ARTICLE 4 - CITY RESPONSIBILITIES GENERALLY
4.1. NOT USED.
531
Contract No. ____________
Attachment 3 – Special Conditions
156
ARTICLE 5 - DESIGN-BUILD ENTITY’S RESPONSIBILITIES
5.1. STAFFING OF PROJECT.
A. Design-Builder’s Representative.
1. Design-Builder hereby designates John Bernardy, Vice President, or his or her designee, to act as Design-Builder’s Representative.
Design-Builder’s Representative shall have full authority to represent and act on behalf of Design-Builder for all purposes under the Contract. Design-Builder’s Representative shall supervise and direct all work on the Project, using his or 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 Work pursuant to the Contract. Design-Builder may designate new and/or different individuals to act as Design-Builder’s Representative from time to time upon written notice to the City and the express written consent of City, which such consent may be withheld by City. If, for whatever reason, Design-Builder’s Representative is replaced and this section is not revised, or no such representative is designated, Design-Builder’s Representative shall be read as applying to Design-Builder.
B. City’s Representative.
1. City hereby designates Ryan Lamb, Sr. Project Manager, or his or her designee, as the person to act as City’s Representative. City’s Representative shall be authorized to act as liaison between City and Design-Builder in the administration of the Contract and all work on the Project. City’s Representative shall have the power to act on behalf of City for all purposes under the Contract. City may designate new and/or different individuals to act as City’s Representative from time to time upon written notice to Design-Builder. If, for whatever reason, City’s Representative is replaced and this section is not revised, or no such representative is designated, City’s Representative shall be read as applying to City.
C. Designated Key Personnel.
1. Design-Builder has been selected to complete the Project in part because of the experience, expertise, training, education and skill of key individuals. The Key Personnel shall perform the roles and responsibilities of the applicable title. The following individuals are Design-Builder’s Key Personnel, none of whom can be replaced unless approved by City as provided herein:
532
Contract No. ____________
Attachment 3 – Special Conditions
157
Key Personnel Role Key Personnel Name
Project Executive Chuck McArthur
Project Manager John Bernardy
Preconstruction Manager Marty Stout
Cost Estimator Marty Stout
Construction Manager Harrison Bartlett
Superintendent Matt Ortiz
Design Principal Ralph Roesling, RNT Architects
Design Manager Raul Diaz, RNT Architects
D. Removal of Key Personnel.
1. Design-Builder acknowledges the quality and qualifications of the Key Personnel were important and material factors in City’s selection of Design-Builder for the Project. Design-Builder and City agree that the services of the Key Personnel are a material term of the Contract Documents. Design-Builder will not remove any of its Key Personnel from their respective role on this Project without the express written consent of City. If, for any reason except for death, disability, or voluntary departure by person from employment, an individual identified as Key Personnel ceases to perform the duties of a Key Personnel, City may terminate the Contract for material breach by Design-Builder.
E. Replacing Key Personnel.
1. Any Key Personnel change shall be proposed to City with reasonable advance notice for its review and approval. Upon written notice by City to Design-Builder, Design-Builder shall replace Key Personnel within 60 Days if Key Personnel fails to perform to the sole satisfaction of City. Any replacement of Key Personnel shall meet the qualifications in the RFP for the applicable role and City shall have the sole discretion to determine whether the Key Personnel replacement is qualified. If the Key Personnel replacement is not qualified, as determined in the sole discretion of City, Design-Builder shall propose a new Key Personnel replacement to City. DesignBuilder shall be responsible for any and all costs related to replacing any Key Personnel, including any costs to acquaint themselves with the Project. Key Personnel for any Key Subcontractor are subject to all conditions in these Contract Documents.
533
Contract No. ____________
Attachment 3 – Special Conditions
158
ARTICLE 6 - COST OF THE CONSTRUCTION WORK
6.1. CONSTRUCTION WORK PERFORMED BY DESIGN-BUILDER.
A. Self-Perform Amount. Zero percent (0%). Design-Builder is not required to self-perform any percentage of Phase 2 Construction Work on the Project.
6.2. DESIGN-BUILDER’S FEE.
A. Design-Builder’s Self-Performance Fee. Design-Builder’s SelfPerformance Fee shall be four and a quarter percent (4.25%).
B. Design-Builder’s Subcontractor Fee. Design-Builder’s Subcontractor Fee shall be four and a quarter percent (4.25%).
6.3. SELF-PERFORMED CONSTRUCTION WORK.
A. Independent Cost Estimate Percentage. The X value in Article 6.5(B) is five percent (5%).
6.4. SUBCONTRACTED CONSTRUCTION WORK.
A. Non-Competitive Subcontracted Procurement. Article 6.7(C)(1) is replaced with the following:
1. Design-Builder may procure Subcontractors without following the above competitive procurement procedures only if:
a. The Phase 2 Price is less than $10,000,000; or
b. If the Phase 2 Price is equal to or greater than $10,000,000, the Subcontracted Construction Work is equal to or less than one-half of one percent (0.5%) of the Phase 2 Price.
6.5. SHARED COST SAVINGS.
A. If the final accounting of the GMP is less than the GMP as set forth in the GMP Amendment, including all adjustments to the GMP in accordance with the Contract Documents, the difference shall be considered “savings” and shall be shared as follows: twenty-five percent (25%) to Design-Builder and seventy-five percent (75%) to City.
6.6. ESCALATION.
A. During Phase 1, Design-Builder shall identify materials and/or equipment incorporated into the Project that may be subject to significant price escalation during the Project and provide ways, such as Early Purchase Items, to mitigate such escalation. If Design-Builder identifies certain materials and/or equipment required for the Project that may be subject to 534
Contract No. ____________
Attachment 3 – Special Conditions
159
significant price escalation during the work, Design-Builder may request a material escalation clause in a GMP. City will evaluate whether or not a material escalation clause is appropriate for a GMP by evaluating such things as the Contract Time for the Work, whether the market for the materials and/or equipment is historically volatile and subject to sudden price increases, and City’s tolerance for taking on escalation risk for the identified materials and/or equipment. If City decides, in its sole discretion, that a material price escalation provision is appropriate for the Project, City and Design-Builder will negotiate such a provision as part of the GMP. The material price escalation provision will include certain conditions that Design-Builder would have to demonstrate to receive escalation costs from City.
535
Contract No. ____________
Attachment 3 – Special Conditions
160
ARTICLE 7 - SUBMITTALS; SHOP DRAWINGS
7.1. NOT USED.
536
Contract No. ____________
Attachment 3 – Special Conditions
161
ARTICLE 8 - MATERIALS; EQUIPMENT
8.1. NOT USED.
537
Contract No. ____________
Attachment 3 – Special Conditions
162
ARTICLE 9 - PROJECT SITE
9.1. NOT USED.
538
Contract No. ____________
Attachment 3 – Special Conditions
163
ARTICLE 10 - PROSECUTION OF THE WORK
10.1. NOT USED.
539
Contract No. ____________
Attachment 3 – Special Conditions
164
ARTICLE 11 - SCHEDULE; CONTRACT TIME
11.1. NOT USED.
540
Contract No. ____________
Attachment 3 – Special Conditions
165
ARTICLE 12 - CHANGE IN CONTRACT PRICE; CHANGE IN CONTRACT TIMES
12.1. NOT USED.
541
Contract No. ____________
Attachment 3 – Special Conditions
166
ARTICLE 13 - COMPLETION; GUARANTEE OF WORK
13.1. NOT USED.
542
Contract No. ____________
Attachment 3 – Special Conditions
167
ARTICLE 14 - TERMINATION; SUSPENSION
14.1. NOT USED.
543
Contract No. ____________
Attachment 3 – Special Conditions
168
ARTICLE 15 - MEASUREMENT; PAYMENT
15.1. NOT USED.
544
Contract No. ____________
Attachment 4 – Cost Proposal
169
ATTACHMENT 4
DESIGN BUILDER’S COST PROPOSAL FORM
545
Contract No. ____________
170
ATTACHMENT 5
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (“City”) has awarded to _____________, (“Design-Builder”) an agreement for New Library Facility (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Design-Builder is more particularly set forth in the Contract Documents for the Project dated _________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Design-Builder is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _____________________, the undersigned DesignBuilder and _______________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of ______________________ Dollars, ($_________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Design-Builder, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the two (2) year guarantee of all materials and workmanship; and shall indemnify and save harmless City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.
The obligations of Surety hereunder shall continue so long as any obligation of Design-Builder remains. Nothing herein shall limit City’s rights or the Design-Builder or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
546
Contract No. ____________
171
Whenever Design-Builder shall be, and is declared by City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a Bid or Bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible Bidder, arrange for a Contract between such Bidder, the Surety and City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages for which Surety may be liable. The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to Design-Builder by City under the Contract and any modification thereto, less any amount previously paid by City to the Design-Builder and any other set offs pursuant to the Contract Documents.
(3) Permit City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages for which Surety may be liable. The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to Design-Builder by City under the Contract and any modification thereto, less any amount previously paid by City to the Design-Builder and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Design-Builder.
Surety shall not utilize Design-Builder in completing the Project nor shall Surety accept a Bid from Design-Builder for completion of the Project if City, when declaring the Design-Builder in default, notifies Surety of City’s objection to Design-Builder’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
SIGNATURES ON FOLLOWING PAGE
547
Contract No. ____________
172
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal) Design-Builder
By:_____________________________
Printed Name: ____________________
Title: ___________________________
(Corporate Seal) Surety
By:_____________________________
Printed name: ____________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Design-Builder and Surety must be notarized and evidence or corporate authority attached.
The rate of premium on this bond is ___________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.
548
Contract No. ____________
173
NOTE: This acknowledgment is to be completed for Design-Builder Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20__, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
________________________________________
Signer(s) Other Than Named Above
____________________________________
549
Contract No. ____________
174
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-ofAttorney to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20__, before me, _______________________________, Notary Public, personally appeared _____________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
________________________________________
Signer(s) Other Than Named Above
____________________________________
550
Contract No. ____________
175
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20__, before me, _______________________________, Notary Public, personally appeared ________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_______________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
551
Contract No. ____________
176
ATTACHMENT 6
PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (“City”), by action taken or a resolution passed ____________________, has awarded to ______________________, hereinafter designated as the “Principal,” a contract for the work described as follows:
New Library Facility (“Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ____________________, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and
___________________________________ as Surety, are held and firmly bound unto City in the penal sum of ___________ Dollars ($_________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the Design-Builder and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such Work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
552
Contract No. ____________
177
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of Contract between the owner or City and original Design-Builder or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.
SIGNATURES ON FOLLOWING PAGE
553
Contract No. ____________
178
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _______, 20__.
(Corporate Seal) Design-Builder
By: _____________________________
Printed Name: ____________________
Title: ___________________________
(Corporate Seal) Surety By: _____________________________ Printed Name: ____________________
Attorney-in-Fact
(Attached Attorney-In-Fact Certificate)
Signatures of those signing for the Design-Builder and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety must be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety must be attached hereto.
554
Contract No. ____________
179
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
_________________________________________
____________________________________________
Signer(s) Other Than Named Above
555
Contract No. ____________
180
NOTE: This acknowledgment is to be completed for Design-Builder 556
Contract No. ____________
181
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20__, before me, _______________________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
____________________________________________
Signer(s) Other Than Named Above
557
Contract No. ____________
182
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power of Attorney to local representatives of the bonding company must also be attached 558
Contract No. ____________
Attachment 7 – Sample GMP Amendment
183
ATTACHMENT 7
SAMPLE GMP AMENDMENT FOR PHASE 2 SERVICES
GMP AMENDMENT FOR PHASE 2 SERVICES
Project: NEW LIBRARY FACILITY
Contract: _____________________
Date of Contract: _________________
GMP Effective Date: _______________
This Guaranteed Maximum Price Amendment (“GMP Amendment”) is made and entered into this ___ day of ____________, 20__ (“GMP Effective Date”), in accordance with and subject to the terms and conditions set forth in the Progressive Design-Build Contract (“Contract”) entered into by and between the City of Palm Desert (“City”) and ________________________ (“Design-Builder”) for the Project. Capitalized terms not defined in this GMP Amendment shall have meanings given to them in the Contract.
RECITALS
WHEREAS, City and Design-Builder entered into the Contract with an Effective Date of ________________ for the ___________________ (“Project”); WHEREAS, the Contract permits City and Design-Builder to amend the Contract upon the mutual agreement of the Parties;
WHEREAS, City and Design-Builder now desire to amend the Contract to finalize and memorialize Phase 2 Work, a GMP for Phase 2, and other terms and conditions for Phase 2 of the Project as more particularly described herein; and WHEREAS, amending the Contract pursuant to this GMP Amendment will allow the Project work described herein to commence in accordance with the terms and conditions the Parties have agreed to as set forth below.
AGREEMENT
NOW, THEREFORE, in good and valuable consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
5. CONTRACT DOCUMENTS FOR PHASE 2.
This GMP Amendment shall be a Contract Document and is subject to all terms and conditions of the Contract Documents. This GMP Amendment includes the following 559
Contract No. ____________
Attachment 7 – Sample GMP Amendment
184
documents attached hereto and incorporated by this reference:
Exhibit “A” – Phase 2 Special Conditions
Exhibit “B” – Phase 2 Scope of Work
Exhibit “C” – Breakdown of Phase 2 GMP
Exhibit “D” – GMP Schedule of Values
Exhibit “E” – List of Allowances
Exhibit “F” – Phase 2 CPM Schedule
6. PHASE 2 WORK AND GMP.
Design-Builder promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete Phase 2 of the Project, and all portions thereof, as set forth in the Contract Documents and this GMP, including, but not limited to, Exhibit “B”, for a GMP of ________________________. The components of the GMP are further described in Exhibit “C” of this GMP Amendment. Unless otherwise stated in the Contract Documents or any amendments thereto, including, but not limited, to Change Orders, the GMP shall pay for all costs and expenses required to design and construct Phase 2 of the Project.
The compensation to be paid shall be limited to the GMP established pursuant to this GMP Amendment, as the same may be adjusted under applicable provisions of the Contract Documents and this GMP Amendment. To the extent Design-Builder’s cost to complete the Phase 2 Work exceeds the GMP, as modified, Design-Builder shall bear such costs in excess of the GMP without reimbursement or additional compensation from City.
7. SCHEDULE OF VALUES.
The GMP shall be broken out in the Schedule of Values, attached hereto as Exhibit “D”, and shall reflect all requirements of the Contract Documents.
8. PHASE 2 SCHEDULE.
Design-builder has provided a Phase 2 CPM Schedule for Phase 2 of the Project, as accepted by City, which is attached hereto as Exhibit “F”. A monthly updated schedule will be provided to City in accordance with the Contract Documents.
9. PERIOD OF PERFORMANCE AND LIQUIDATED DAMAGES.
Design-Builder guarantees that it shall perform and complete all work necessary for Final Completion of Phase 2 of the Project by the Guaranteed Completion Date of _________________.
560
Contract No. ____________
Attachment 7 – Sample GMP Amendment
185
The Parties also agree that time is of the essence for all work Design-Builder must perform to complete Phase 2 of the Project by the Guaranteed Completion Date. It is hereby understood and agreed that City will suffer damages if the Work is not completed by the Guaranteed Completion Date. It is further agreed that it is and will be difficult and/or impossible to ascertain and determine the actual damage that City will sustain in the event of and by reason of Design-Builder's delay in completing the Work beyond the Guaranteed Completion Date. Accordingly, Design/Builder agrees that liquidated damages will apply in the amount of One Thousand Four Hundred and 00/100 Dollars ($1,400.00) for each and every calendar day beyond the Guaranteed Completion Date that Final Completion of the Project has not been achieved. It is hereby understood and agreed that this amount is not a penalty. In the event any portion of the liquidated damages that may become due is not paid to City, City may deduct that amount from any money due or that may become due the Design-Builder under the Contract.
10. REQUIRED DOCUMENTATION FOR NOTICE TO PROCEED.
After the GMP Effective Date, City may issue a Notice to Proceed with the Phase 2 Work.
Design-Builder shall provide all of the following prior to the issuance of such Notice to Proceed:
If not already provided, fully executed Payment and Performance Bonds in the form required by the Contract.
Evidence of Insurance for Construction Work as required by the Contract. Copies of all other certifications applicable to the Phase 2 Work as required by the Contract.
11. EFFECTIVENESS/COUNTERPARTS.
This GMP Amendment shall only be effective upon the execution by both City and DesignBuilder. This GMP Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
12. SCOPE OF GMP AMENDMENT.
This GMP Amendment shall affect only the items specifically set forth herein, and all other terms and conditions of the Contract, as written shall remain in full force and effect.
SIGNATURES ON FOLLOWING PAGE
561
Contract No. ____________
Attachment 7 – Sample GMP Amendment
186
SIGNATURE PAGE TO GMP AMENDMENT
BY AND BETWEEN CITY OF PALM DESERT
AND ____________________
IN WITNESS WHEREOF, the Parties hereby execute this GMP Amendment as of the GMP Effective Date.
CITY OF PALM DESERT
By:
Chris Escobedo
City Manager
Attest:
By: ______________________________
Anthony J. Mejia
City Clerk
Approved as to form:
By: _____________________________
Israh Shah
City Attorney
_____________________________
By: _______________________________
Printed Name
Title
By: _______________________________
Printed Name
Title
Office Use:
562
Contract No. ____________
Attachment 7 – Sample GMP Amendment
187
City Clerk QC: Contracts QC:
563
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “A”
188
EXHIBIT “A”
PHASE 2 SPECIAL CONDITIONS
564
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “B”
189
EXHIBIT “B”
PHASE 2 SCOPE OF WORK
565
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “C”
190
EXHIBIT “C”
SAMPLE BREAKDOWN OF PHASE 2 GMP
The GMP shall be calculated as follows, and shall include the following components, as further detailed below and in the Contract Documents:
A DETAILED GMP TABLE
B Item C Component D Percentage E Amount
FCOSTS TO PERFORM WORK & GENERAL CONDITIONS
G (A) HCompletion of Design Work
for Project I J
K (B) L Direct Costs M N
O (C) P General Conditions Q R
S (D) T Subcontractor
Construction Cost U V
W(E) X SUBTOTAL OF COSTS TO PERFORM WORK
& GENERAL CONDITIONS Y
Z MARK-UPS
AA(F) BB Bonds CC DD
EE (G) FF Insurance GG HH
II(H)
JJ Design-Builder’s Fee
KK(Proposed & agreed-upon
percentage multiplied by amount
from (E)) LL MM
NN(I) OO TOTAL MARK-UPS PP
QQ CONTINGENCY / ALLOWANCES
RR (J) SS Contingency UU VV
566
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “C”
191
TT (Only if agreed to and
indicate as a set amount, not a
percentage)
WW (K)
XXAllowance(s)
YY(Only if agreed to and indicate
as a set amount, not a
percentage) ZZ AAA
BBB (L) CCCTOTAL CONTINGENCIES & ALLOWANCES DDD
EEE FFFTOTAL GMP(E) + (I) + (L) GGG
567
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “D”
192
EXHIBIT “D”
GMP SCHEDULE OF VALUES
568
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “E”
193
EXHIBIT “E”
LIST OF ALLOWANCES
569
Contract No. ____________
Attachment 7 – Sample GMP Amendment
Exhibit “F”
194
EXHIBIT “F”
PHASE 2 CPM SCHEDULE
570
571
572
City of Palm Desert
Finance Department
Veronica Chavez, Director of Finance
73-510 Fred Waring Drive, Palm Desert, CA 92260
(760) 346-0611
EVALUATION TABULATION
Progressive Design-Build - New Palm Desert Library Facility - Progressive Design-Build
EVALUATION TABULATION
RFP No. 2026-RFP-013
New Palm Desert Library Facility - Progressive Design-Build RESPONSE DEADLINE: May 21, 2026 at 2:00 pm
Friday, June 12, 2026
PHASE 1
EVALUATION CRITERIA
Criteria Scoring Method Weight (Points)
Clarity and conformance of proposal
to the RFP
0-10 Points 10 (10% of Total)
Description:
Criteria Scoring Method Weight (Points)
Project Delivery, Cost Development
and Management Approach
0-10 Points 25 (25% of Total)
Description:
Criteria Scoring Method Weight (Points)
Proposer's Project Experience and
Performance
0-10 Points 35 (35% of Total)
Description:
Criteria Scoring Method Weight (Points)
Team members' experience and
performance
0-10 Points 20 (20% of Total)
Description:
573
EVALUATION TABULATION
RFP No. 2026-RFP-013
New Palm Desert Library Facility - Progressive Design-Build
Criteria Scoring Method Weight (Points)
Fee Proposal 0-10 Points 10 (10% of Total)
Description:
AGGREGATE SCORES SUMMARY
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Barnhart-Reese
Construction, Inc.
91.5 84.5 84.5 92.1
Nielsen Construction
California, Inc.
84 82.8 81.5 88.7
The Whiting-Turner
Contracting Company
81.5 80 78 89.7
Anderson Burton 59.5 67 58.5 79.1
Robert Clapper
Construction
Services, Inc.
60.5 65.5 60.5 77.6
AMG & Associates,
Inc.
58 63.5 58 82.7
Vendor Total Score
(Max Score 100)
Barnhart-Reese Construction, Inc. 88.14
Nielsen Construction California, Inc. 84.23
The Whiting-Turner Contracting Company 82.29
Anderson Burton 66.01
Robert Clapper Construction Services, Inc. 66.01
AMG & Associates, Inc. 65.54
VENDOR SCORES BY EVALUATION CRITERIA
Vendor Clarity and
conformance of
proposal to the RFP
0-10 Points
10 Points (10%)
Project Delivery, Cost
Development and
Management
Approach
0-10 Points
25 Points (25%)
Proposer's Project
Experience and
Performance
0-10 Points
35 Points (35%)
Team members'
experience and
performance
0-10 Points
20 Points (20%)
Barnhart-Reese
Construction, Inc.
9.1 8.5 9.4 8.5
574
EVALUATION TABULATION
RFP No. 2026-RFP-013
New Palm Desert Library Facility - Progressive Design-Build
Vendor Clarity and
conformance of
proposal to the RFP
0-10 Points
10 Points (10%)
Project Delivery, Cost
Development and
Management
Approach
0-10 Points
25 Points (25%)
Proposer's Project
Experience and
Performance
0-10 Points
35 Points (35%)
Team members'
experience and
performance
0-10 Points
20 Points (20%)
Nielsen Construction
California, Inc.
9 8.5 8.8 8.3
The Whiting-Turner
Contracting Company
9 8.9 8.8 5.6
Anderson Burton 7.6 7.4 5.6 6.3
Robert Clapper
Construction
Services, Inc.
7.5 7.3 6.6 6.6
AMG & Associates,
Inc.
6.6 6.9 6.6 6
Vendor Fee Proposal
0-10 Points
10 Points (10%)
Total Score
(Max Score 100)
Barnhart-Reese Construction, Inc. 8 88.14
Nielsen Construction California, Inc. 6.8 84.23
The Whiting-Turner Contracting
Company
9.4 82.29
Anderson Burton 8 66.01
Robert Clapper Construction
Services, Inc.
4 66.01
AMG & Associates, Inc. 6.9 65.54
575
Design-Builder
Location RFP Evaluation
(1-100)
Interview #1
(1-30)
Interview #2
(1-40)
Barnhart-Reese Construction, Inc. San Diego, CA 88.14 25 32The Whiting-Turner Contracting Company Murrieta, CA 82.29 20 26Nielsen Construction California, Inc. San Diego, CA 84.23 18 N/A Design-Builder Ryan Lamb Ryan Gayler Casey Arndt Skky Wolkowicz Austin Yaples Angelique Hodges Celina Cabrera Tyson Atwood Average Score Barnhart-Reese Construction, Inc. 25 25 27 25 24 23 24 25 25The Whiting-Turner Contracting Company 22 22 23 19 21 22 11 18 20Nielsen Construction California, Inc. 21 21 20 16 18 12 16 20 18 Design-Builder Ryan Lamb Ryan Gayler Casey Arndt Jose Garcia Lauren Hancock Shannon Vonnegant Tyson Atwood Average Score Barnhart-Reese Construction, Inc. 31 32 31 33 32 32 31 32The Whiting-Turner Contracting Company 23 30 27 23 25 27 27 26 New Library Facility
Progressive Design-Build - Shortlist Evaluation Summary Shortlist Interview #1 Evaluation Summary
Shortlist Interview #2 Evaluation Summary
576
From: Melissa Phillips
To: CityClerk
Cc: Jose Garcia
Subject: P.D. Library
Date: Wednesday, September 2, 2026 2:42:01 PM
To Whom this May Concern,
I’d like to take this opportunity to express what the Palm Desert Library means to me.
It’s so much more than a place to borrow books. It’s a hub for community, a welcoming place where people can gather, learn, connect, or simply enjoy the comfort of being there.
For the past three years, I’ve had the privilege of volunteering at the library as a Canasta teacher. What began as teaching a card game has become one of the most rewarding ways I’ve found to give back to our community. Each week, people gather around the tables for laughter, friendship, camaraderie, and the simple pleasure of being together.
But the value of the library extends far beyond any one activity. There’s something comforting about simply walking through its doors. It’s a place to sit and read, discover something new, attend a community activity, meet a friend, or simply have a place to be.
My experience teaching Canasta is the reason I continue to give my time. I’ve seen firsthand how much these gatherings mean to the people who come each week and how a simple community activity can bring people together.
That is what makes the Palm Desert Library so important to me. It creates a sense of community in a way few places can, simply by opening its doors and making room for everyone.
With appreciation,
Melissa Phillips
577
From: DIANE KING
To: CityClerk
Subject: What the Palm Desert Library Means to Me
Date: Thursday, September 3, 2026 9:14:38 AM
The Palm Desert Library means so much more to me than a place filled with books. It is a welcoming space where I can learn, discover, reflect, and feel connected to my community. Over the years, the library has offered me not only knowledge and inspiration. I have also enjoyed sharing time with others during craft making days, playing and teaching mahjongg, special author presentations, writers group, etc. It is one of those special places that enriches everyday life, and I am grateful to have it as a part of my community. A yes vote to building a new Palm Desert Library building is essential. Thank you.
Diane King
Sent from my iPad
578
From: Sue Rappaport
To: CityClerk
Subject: Palm Desert Library
Date: Thursday, September 3, 2026 10:36:33 AM
To whom it may concern,
I wanted to let you know what the library means to me. I live here full-time and learned how to play Chinese mahjong this year. I play this game at the Palm Desert Library every Monday morning from 10-noon with the Muses Mahjong Club and on Tuesdays when I can make it from 1-3pm with the community at large. As a Senior, it has created community and friendships in my life which have become extremely meaningful to me.
Thank you for offering this opportunity to me and everyone in the community.
Sue Rappaport
579
From: helenannmchugh
To: CityClerk
Subject: Palm Desert Library
Date: Thursday, September 3, 2026 11:29:03 AM
I have lived in Palm Desert for over 10 years and have found our library to not only be a place of information and for the exchange of ideas, but a place to retreat and enjoy a book. I have enjoyed the variety of speakers as well as the book club and Mah Jongg. We need to have the new and improved library to continue to be a strong conduit in our community. We live in a great city and our library needs to reflect the aspirations of our leaders and our citizens.
Thank you for your service to our community.
Sincerely,
Helen McHugh
Palm Desert, CA 92260
helenannmchugh
580
City of Palm Desert Staff Report
Meeting Date: September 10, 2026
Prepared By: Melanie Slater, Management Analyst
Department: Public Works
Subject: Approve Amendment No. 7 to the Assembly Bill 2766 Vehicle Registration Revenue Memorandum of Understanding with the Coachella Valley Association of Governments for the Regional PM10 Street Sweeping Program Recommendation
1. Approve Amendment No. 7 to the Assembly Bill 2766 (AB 2766) Vehicle Registration Revenue Memorandum of Understanding (MOU), Contract No. C22646, with Coachella Valley Association of Governments (CVAG), increasing the City’s contribution of AB 2766 revenues from 75 percent to 100 percent and extending the term through June 30, 2028
2. Authorize the Director of Finance to appropriate $20,000 from unobligated AB 2766 Reserve Fund to AQMD / Dues Account No. 2384515-4363000.
3. Authorize the City Attorney to make any necessary non-monetary changes to the amendment.
4. Authorize the Mayor to execute the amendment and any related documents to effectuate this action.
Executive Summary
On December 1, 2025, the CVAG Executive Committee approved Amendment No. 7 to the AB 2766 MOU. Amendment No. 7 increases the member jurisdictions' contribution from 75 percent to 100 percent of their AB 2766 revenues and extends the term of the MOU through June 30, 2028. The increase is intended to replace grant funding that has been reduced and maintain the Regional PM10 Street Sweeping Program for major arterial streets and special impact areas at its current level of service.
The City’s FY 2026/27 budget did not account for the increase in the CVAG contribution from 75 percent to 100 percent. Therefore, staff is requesting a $20,000 appropriation from prioryear AB 2766 fund balances. Approximately $17,500 will cover the increased CVAG contribution, and the remaining $2,500 will support the City’s existing air-quality programs.
Staff recommends approval of Amendment No. 7 at this time to maintain the City's participation in the Regional PM10 Street Sweeping Program.
Background
Assembly Bill 2766
AB 2766 was enacted in 1990 and established a motor vehicle registration fee surcharge to fund programs that reduce air pollution from motor vehicles. AB 2766 revenues are distributed 581
by South Coast AQMD to eligible cities and counties and are intended to support programs that reduce motor vehicle emissions and improve air quality.
Regional PM10 Street Sweeping Program
The Coachella Valley has historically experienced elevated concentrations of particulate matter, including PM10 (particulate matter with an aerodynamic diameter of 10 microns or less). PM10 can be generated by a variety of sources, including vehicle travel, road dust, construction activity, and windblown dust.
Street sweeping is identified as a PM10 control strategy in the Coachella Valley State Implementation Plan (CVSIP). The CVAG Regional PM10 Street Sweeping Program was established to provide regional street-sweeping services as part of the Coachella Valley's overall PM10 control strategy.
The Regional PM10 Street Sweeping Program is administered by CVAG and provides streetsweeping services within participating jurisdictions. The program is funded, in part, through AB 2766 revenues contributed by CVAG member jurisdictions pursuant to the AB 2766 MOU.
Within Palm Desert, CVAG provides regularly scheduled sweeping of the City’s major arterial streets. The City’s contracted street-sweeping vendor services residential streets and Cityowned parking lots. In addition, the City-owned street sweeper, purchased in 2024, is used for emergencies, wind events, and special events, and supplements CVAG’s service by sweeping major arterial streets during alternate weeks when needed.
AB 2766 MOU History
Palm Desert's participation in CVAG’s regional street-sweeping program and the use of AB 2766 revenues to support it have been governed by the AB 2766 MOU and its subsequent amendments.
The funding contribution established under the AB 2766 MOU has changed over time:
MOU Action Contribution Summary
Original MOU 100% Established the funding arrangement for the regional PM10 street-sweeping program
Amendment No. 1 60% Reduced the member jurisdiction contribution Amendment No. 2 60% Continued the 60% contribution
Amendment No. 3 60% Continued the 60% contribution
Amendment No. 4 75% Increased the contribution to support continued program funding
Amendment No. 5 75% Continued the 75% contribution
Amendment No. 6 75% Continued the 75% contribution through June 30, 2026
Amendment No. 7 100% Increases the contribution to 100% and extends the MOU through June 30, 2028
Amendment No. 7
On December 1, 2025, the CVAG Executive Committee approved Amendment No. 7, which increases the City’s contribution from 75 percent to 100 percent for the period of July 1, 2026, 582
through June 30, 2028. According to CVAG, the increase is needed to offset reduced grant funding and maintain the current level of regional street-sweeping service. City Council approval is required for the amendment to apply to Palm Desert.
Analysis
Effect of Amendment No. 7
Approval of Amendment No. 7 would allow Palm Desert to continue participating in the Regional PM10 Street Sweeping Program at its current service level. The amendment would also eliminate the portion of annual AB 2766 revenue currently retained by the City for local air-quality programs, including the Employee Rideshare and Emission Reduction Program, SunLine Student Art Bus Wrap Sponsorship, and Business Bike Rack Initiative Program.
A $20,000 appropriation from prior-year AB 2766 fund balances is requested for FY 2026/27.
Approximately $17,500 will cover the increased CVAG contribution that was not included in the adopted budget. The remaining approximately $2,500 will support the City’s existing air-quality programs, including the Employee Rideshare and Emission Reduction Program, SunLine Student Art Bus Wrap Sponsorship, and Business Bike Rack Initiative Program. Staff will evaluate the effectiveness and future funding needs of these programs through the annual budget process for FY 2027/28.
Staff recommends approving Amendment No. 7 to maintain CVAG’s scheduled sweeping of the City’s major arterial streets. Before the amendment expires, staff will evaluate whether these services could be provided through a combination of the City’s contracted streetsweeping vendor and City-owned equipment while continuing to satisfy applicable PM10 control requirements.
Relationship Between the CVSIP and the AB 2766 MOU
The CVSIP identifies street sweeping as a regional PM10 control strategy, while the AB 2766 MOU establishes the funding arrangement between CVAG and participating jurisdictions for regional street sweeping.
Although the CVSIP identifies street sweeping as a control measure, it does not require Palm Desert to contribute a specific percentage of its AB 2766 revenues to CVAG. The City’s funding obligation is established separately through the MOU and its amendments.
Future Evaluation of a City-Operated Street-Sweeping Program Because Amendment No. 7 expires on June 30, 2028, staff will evaluate whether some or all of the major arterial street sweeping currently provided through the CVAG regional program could instead be performed by the City’s contracted vendor, City-owned sweeper, or a combination of both. The evaluation will consider the City’s existing use of its sweeper for emergencies, wind events, special events, and supplemental arterial sweeping.
The evaluation will include:
Streets, curb miles, and sweeping frequencies currently covered by CVAG. Capacity and cost of using the City’s contracted vendor, City-owned sweeper, or a combination of both.
Staffing, equipment, maintenance, fuel, and operating requirements. 583
Potential coordination with existing City street-sweeping routes. Applicable CVSIP service, documentation, and reporting requirements. Whether a City-administered approach could provide comparable service and retain AB 2766 revenue within Palm Desert.
Staff will return to the City Council with the results of the evaluation before development of the FY 2028/29 budget or through a separate staff report, as appropriate.
Environmental Review
This action is not a project under the California Environmental Quality Act because it is an administrative and fiscal activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Legal Review
This report has been reviewed by the City Attorney’s Office.
Financial Impact
The financial impact can be summarized as follows:
Current MOU Amendment No. 7
Estimated annual AB 2766
revenue
$70,000 $70,000
Palm Desert contribution
to CVAG
75% / $52,500 100% / $70,000
Amount retained by Palm
Desert
25% / $17,500 $0
Effective period Through June 30, 2026 July 1, 2026–June 30, 2028 Use of Requested Appropriation Amount
Increased CVAG contribution $17,500
City air-quality programs $2,500
Total Appropriation $20,000
The City’s adopted FY 2026/27 budget did not include the approximately $17,500 increase in the CVAG contribution. Staff therefore recommends appropriating $20,000 from the AB 2766 Reserve Fund, which currently has approximately $54,900 available from prior-year disbursements. This action will have no impact on the General Fund in FY 2026/27.
Attachments
1. AB 2766 MOU Amendment No. 7
2. CVAG Executive Committee December 1, 2025, Staff Report
3. Original C22640 MOU
584
Conflict of Interest Awareness Checklist
Note: This checklist is informational only and does not constitute a legal determination. Each Councilmember remains responsible for identifying, disclosing, and evaluating any disqualifying interests under the Political Reform Act and applicable FPPC regulations.
1. Site-Specific Property Interest
Does this item involve a project site or other identifiable real property? ☐ Yes
☒ No
If yes, identify the project site:
Councilmembers should consider whether they own, lease, or hold interests in real property within 1,000 feet of the project site. (Gov. Code § 87103(b); FPPC Reg. 18702.2).
2. SB 1439 / Gov. Code § 84308 Applicability (Campaign Contributions) Does this item involve a license, permit, other entitlement for use, or a contract or franchise agreement that is not competitively bid, a labor agreement, or a personal employment contract?
☐ Yes
☒ No
If yes, identify the applicant(s), appellant(s), party, or participant(s): Not applicable.
The MOU is between the City and CVAG, both public agencies. Contracts between two or more agencies are excluded from Government Code section 84308.
Councilmembers should review campaign contributions received within the prior 12 months from parties or participants to the proceeding and must not accept contributions over $500 from those parties for 12 months following the final decision. (Gov. Code § 84308). 585
586
AMENDMENT SEVEN
TO
AB 2766 MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
CVAG MEMBER JURISDICTIONS
JULY 1, 2026
The AB 2766 Memorandum of Understanding (MOU) is made and entered into by and between the Coachella Valley Association of Governments (CVAG) and the CVAG member jurisdictions. The parties acknowledge that this Amendment shall be for the period starting July 1, 2026, and shall bind the parties hereunder for the entire term of the two-year amendment; through June 30, 2028.
The AB 2766 MOU is hereby amended through this Amendment Seven as follows:
1) At their December 1, 2025, meeting, the Executive Committee approved to increase CVAG’s AB 2766 formula at 100% to provide sustainable funding of the Regional PM 10 Street Sweeping Program and related activities starting July 1, 2026 through June 30, 2028;
2) All other terms and conditions shall remain the same.
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
By:
Title: V. Manuel Perez, CVAG Chair
Date: , 2026
CITY OF PALM DESERT
By:
Title: Evan Trubee, Mayor
Date:
587
588
ITEM 13J
Coachella Valley Association of Governments
Executive Committee
December 1, 2025
STAFF REPORT
Subject: Contract Amendment for the Regional PM10 Street Sweeping Program Contact: Julie Mignogna, Transportation Program Manager ([email protected]) Recommendation: Authorize the Executive Director to:
1. Execute Amendment No. 1 to the services contract with Sweeping Corporation of America for regional street sweeping services, adding an additional $279,311 a year and extending through December 31, 2027;
2. Take the necessary steps to secure additional funding for the program, including funding from South Coast Air Quality Management District and the County of Riverside
3. Execute Amendment No. 7 to the AB 2766 Vehicle Registration Revenue Memorandum of Understanding with each jurisdiction, increasing the funding contribution from 75 to 100 percent and extending the term through June 30, 2028 Transportation Committee: Concurred (Meeting of November 3) Energy & Sustainability Committee: Concurred (Meeting of November13) Background: The Regional PM10 Street Sweeping program is an air quality program focused on addressing PM10 (particulate matter less than 10 microns in size) by removing sand and entrained dust from regional streets in the Coachella Valley. Because the Coachella Valley is in non-attainment for PM10, the program is part of the Coachella Valley’s State Implementation Plan (SIP) and is a best available control measure. The goal of the program is to improve air quality and public health by decreasing fugitive PM10 emissions attributed to entrained roadway dust and sand that can pulverized by vehicles and then suspended into the air.
In 2022, CVAG conducted a study of the regional street sweeping program as part of a South Coast Air Quality Management District (SCAQMD) grant agreement. The study was conducted to identify additional ways to make the program more impactful for the Coachella Valley. The study found the program to be effective in addressing PM10 emissions, and it provided several recommendations.
These recommendations were included in the regional street sweeping contract that the Executive Committee authorized on December 25, 2022 with CleanStreet, now Sweeping Corporation of America (SCA). The contract was authorized to be three years in duration ending on December 31, 2025, with the option to renew for up to two additional years.
Under the contract, SCA is responsible for sweeping on a bi-weekly basis 1,050 curb miles of regional arterials in the Coachella Valley. Of those, 977 miles are regular streets and 73 miles are special impact streets. Special impact streets, like Dinah Shore Drive, may be swept more often based on need, particularly during the Coachella Valley’s windy season from February through May.
The existing contract also included a provision for sweeping the CV Link once construction is completed, although the budget for that work was not included in the 2022 contract because CV Link 589
was still under construction. The chart below shows the annual linear curb miles to be swept for each type as part of the proposed amendment.
Item Description Unit
Estimated Annual
Quantity
Regular Street Sweeping Linear Curb Miles 23,878
Special Impact Streets Linear Curb Miles 1,898
Palm Springs Hwy 111 Linear Curb Miles 1,524
CV Link Linear Miles 1,600
CVAG staff have worked with member jurisdictions’ staff and SCA to focus on the program and enhance its performance over the past 15 months. As a result, member agencies are more engaged and have access to sweeping performance data. SCA has responded by increasing the service levels, particularly following Tropical Storm Hilary in 2023 and the ensuing months of increased blowsand and fugitive dust experienced by the Coachella Valley. This focus has increased monthly sweeping costs due to special impact roadways throughout the valley being swept more frequently in response to the additional blowsand and fugitive dust. Approximately $130,530 of the proposed cost increase can be attributed to service level increases.
To continue with this level of service, CVAG staff, based on feedback from the public works staff at the municipal agencies, is recommending Amendment No. 1 to the SCA contract. The amendment will extend the contract term to December 31, 2027 and increase the annual contract amount to continue the more frequent sweeping of special impact streets. The recommended amendment also adds additional budget to account for a five percent increase of fuel and waste disposal process costs and to incorporate the cost of sweeping the CV Link bi-weekly. The five percent increase accounts for approximately $66,380 of the recommended contract increase. The recommended authorization would also authorize the Executive Director and/or Legal Counsel to make clarifying changes prior to execution.
Fiscal Analysis: The proposed SCA contract Amendment No. 1 will add $279,311 a year, increasing the total annual cost of the program from $763,573.96 to $1,042,884.96. The total not to exceed contract amount will increase to $4,655,802.80. There are sufficient accumulated AB 2766 funds available for the additional program costs for Fiscal Year 2025-26. The estimated $82,400 annual cost for the CV Link sweeping services will be funded by regional transportation funds.
In addition to recommending an amendment to the SCA contract, CVAG staff is recommending two authorizations related to the program’s funding. CVAG and municipal staff are also reviewing alternatives to maintain the regional street sweeping program at the current service levels in the future. The primary source of funding for the regional street sweeping program comes from AB 2766 Vehicle Subvention funds the member agencies receive each year. Member agencies direct 75 percent of their AB 2766 funds to the regional street sweeping program, which amounts to approximately $450,000 per year. Additional funding sources for the program include a SCAQMD grant that funds $220,000 per year through June 2026, and $27,000 per year from the City of Palm Springs for sweeping 27 curb miles of Highway 111 in the city. 590
The street sweeping program had included in prior years funding from the Colmac Air Quality Enhancement Funds through the County of Riverside at $150,000 per year. The Colmac funding agreement ended in June 2025 due to the closing of the Coman Energy biomass plant located in Mecca; however, some funding remains available for the program. CVAG staff is currently coordinating with SCAQMD and the County of Riverside to secure continued SCAQMD and Colmac funding. Should a funding source be secured, staff is requesting authorization for the Executive Director to enter into any necessary agreements with SCAQMD, the County of Riverside or another project partner.
CVAG staff is also recommending that the Executive Director be authorized to enter into amendments to the MOUs with local jurisdictions. CVAG is also coordinating with the cities quarterly as part of the Regional Street Sweeping Program Ad Hoc Committee. Over the years, the AB 2766 funding contribution from the jurisdictions has varied based on the regional street sweeping program’s funding needs. The contribution percentage has ranged from 60 to 100%. Due to the end of Colmac funding and SCAQMD grant term expiring in June 2026, an adjustment to the jurisdiction’s AB2766 contribution is needed. With this authorization, CVAG staff will coordinate with member agency staff to amend the existing AB 2766 MOUs to allocate 100 percent of each jurisdiction’s AB 2766 contribution to the regional street sweeping program. The goal is to ensure the program remains fully funded and that service levels are maintained valleywide through a simplified, collaborative funding structure. Staff recommends that the term of the MOUs also be extended for two additional years, through June 30, 2028, with the increase in AB2766 funding contributions becoming effective on July 1, 2026.
Additional Funding Information Since Policy Committees’ Review In the weeks since this item was presented to the Transportation Committee and the Energy & Sustainability Committee, staff has received positive funding news. SCAQMD is recommending a one-year extension of the existing grant funding for the Regional PM₁₀ Street Sweeping Program, providing an additional $220,000 through June 30, 2027. While this supplemental funding will help mitigate the current program funding shortfall and extend the remaining AB 2766 fund balance through Fiscal Year 2026-27, it will not fully address the program’s long-term structural deficit.
Beginning in Fiscal Year 2027-28, the program is projected to operate at a deficit without additional revenue. Therefore, staff continues to recommend increasing the AB 2766 contribution from 75 percent to 100 percent to maintain service levels and ensure the program’s financial stability.
Should additional funding for the regional street sweeping program be secured, CVAG staff would reassess the need for this increased contribution from local jurisdictions.
Attachment:
1. Amendment No. 1 to Services Agreement with Sweeping Corporation of America (SCA) 591
Contract No. CVAG 22-036-01
Project: Regional PM10 Arterial Street Sweeping Program
AMENDMENT NUMBER ONE
to the
SWEEPING CORPORATION OF AMERICA
SERVICES AGREEMENT
for
REGIONAL PM10 ARTERIAL STREET SWEEPING SERVICES
This AMENDMENT NUMBER ONE is made and entered into this 1st day of December 2025 by and between the Coachella Valley Association of Governments, a California joint powers agency (CVAG), and Sweeping Corporation of America (Consultant), and is made with reference to the following background facts and circumstances. All other terms and conditions shall remain the same as stated in the original Agreement dated January 1, 2023, Regional PM10 Arterial Street Sweeping Services.
1. This Amendment Number One extends the term of the Agreement through December 31, 2027.
2. This Amendment Number One authorizes an additional amount not to exceed $279,311.00 a year as updated in Exhibit B. Price Formula for a total annual amount not to exceed $1,042,884.96.
3. The total amount payable under this agreement shall not exceed $4,655,802.80 through 2027.
Annual Amount
Original Agreement January 1, 2023 $763,573.96
Amendment Number One December 1, 2025 $1,042,884.96
Consistent with CVAG Policy 21-02, this amendment shall be executed with the use of electronic or digital signatures in order to be in effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number One to be executed by their duly authorized representatives on this date:
COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS
SWEEPING CORPORATION OF
AMERICA
By: By:
Tom Kirk, CVAG Executive Director Tony Cincotta, Regional Vice President 592
Contract No. CVAG 22-036-01
Project: Regional PM10 Arterial Street Sweeping Program Exhibit B
PRICE FORMULA
Item Description Unit
Estimate
d Annual
Quantity Unit Cost Extended Cost
Regular Street
Sweeping
Linear
Curb Miles 23,878 $ 34.84 $ 831,909.52
Special Impact Streets
Linear
Curb Miles 1,898 $ 42.00 $ 79,716.00
Palm Springs Hwy 111
Linear
Curb Miles 1,524 $ 32.06 $ 48,859.44
CV Link
Linear
Miles 1,600 $ 51.50 $ 82,400.00
TOTAL $ 1,042,884.96
593
594
City of Palm Desert Staff Report
Meeting Date: September 10, 2026
Prepared By: Ryan Lamb, Senior Project Manager
Department: Capital Projects
Subject: Approve Amendment No.2 to Contract No. C43900 with Interwest Consulting Group, Inc., on Dave Erwin Park (Project No. CPK00002)
Recommendation
1. Approve Amendment No.2 to Contract No. C43900 with Interwest Consulting Group, Inc., on the Dave Erwin Park project in the amount of $356,822, increase the existing $77,227 project contingency by $82,773 for a total project contingency of $160,000 for unforeseen expenses, and extend the term of the contract through June 30, 2029.
2. Authorize the Director of Finance to appropriate funds in the amount of $439,595 from unobligated Capital Project Reserves (Account No. 4004618-4400200).
3. Authorize the City Attorney to make necessary non-monetary changes to the amendment.
4. Authorize the City Manager to execute Amendment No. 2 and any written requests for amendments up to the authorized contingency amount, and any other documents necessary to effectuate this action, in accordance with Palm Desert Municipal Code Section 3.30.170(B).
Executive Summary
The City entered into Contract No. C43900 with Interwest Consulting Group, Inc. (Interwest) in 2022 for planning and design services for two proposed parks in North Palm Desert: the community park on Dinah Shore Drive, now known as Dave Erwin Park, and a separate regional park.
Since the approval of the Dave Erwin Park concept design in April 2025, subsequent project decisions and additional infrastructure, drainage, utility, environmental, and operational requirements have led to design changes that require additional services from Interwest and its subconsultants.
Amendment No. 2 removes the remaining regional park design services from the contract and augments Interwest’s scope for the additional design and engineering services necessary to complete Dave Erwin Park.The amendment also extends the contract term consistent with the anticipated project schedule and estimated construction completion timeline.
Background
On August 25, 2022, the City Council awarded Contract No. C43900 to Interwest for planning and design services for two parks in North Palm Desert. The contract included community engagement, conceptual design, full construction documents, bidding assistance, and construction support for the community park, as well as preliminary design services through approximately 30 percent design for a separate regional park. 595
Amendment No. 1 subsequently added grant-writing services associated with the project.
Following an extensive community engagement and conceptual design process, the City Council approved the final concept design for the community park and formally named the facility Dave Erwin Park on April 24, 2025.
As design progressed beyond the conceptual phase, additional technical and infrastructure requirements were identified that were not fully defined when the original scope of services was developed. These included additional stormwater and retention basin improvements, utility infrastructure, off-site improvements, environmental coordination, and other modifications necessary to advance the approved park design.
On May 28, 2026, staff presented the City Council with an update on the project's design progress, expanded scope, schedule, and cost outlook. The update identified several project refinements that had emerged during the design process and discussed potential implementation and value-engineering strategies to advance the project. This amendment advances the guidance received during the May 28, 2026 City Council study session.
Analysis
Amendment No. 2 restructures Interwest’s remaining scope of services to align the contract with the City’s current direction for Dave Erwin Park.
The original contract included preliminary design services for a separate regional park. Those services will be removed from Contract No. C43900 and replaced with additional services necessary to complete the design of Dave Erwin Park. The regional park project continues to progress; however, Interwest’s services associated with that project are now being provided under a separate contract. Removing those services from Contract No. C43900 does not affect the City’s continued advancement of the regional park project.
The revised scope includes additional design and engineering, plan revisions, technical coordination, and related services resulting from the project changes described above.
Interwest’s existing scope includes bidding and construction support services for Dave Erwin Park. The proposed extension of the contract term through June 30, 2029, aligns with the anticipated project schedule and estimated construction completion timeline.
Project Cost and Budget
During the May 28, 2026, Study Session, City Council discussed the project’s updated cost outlook and provided feedback indicating support for advancing Dave Erwin Park based on an anticipated total project cost of approximately $35 million. The project has not yet been fully funded through appropriations, and no additional appropriation was approved during the Study Session.
Additional funding is required to authorize Amendment No. 2 and increase the existing project contingency. As part of this action, staff recommend appropriating $409,595 from unobligated Capital Project Reserves for the Dave Erwin Park Project. The additional appropriation will fund the design services associated with Amendment No. 2 and the increased project contingency authorized in this action. This appropriation does not establish a revised overall project budget.
596
Staff will continue refining the project scope, design, and cost estimate and anticipate returning to City Council in October 2026 for consideration and approval of the revised park plan and corresponding project budget.
Legal Review
This report has been reviewed by the City Attorney’s Office.
Financial Impact
Funding for this project is available from multiple sources, including the Parks & Recreation Fund, Measure G Fund, and Capital Funds. These funds are allocated across multiple fiscal years, with $1,216,067 included in the approved FY 2026-27 Financial Plan and Ten-Year Capital Improvement Program (CIP). An additional appropriation of $439,595 from available and unobligated Capital Project Reserves is requested to provide the additional funding necessary for Amendment No. 2 to Contract No. C43900 with Interwest Consulting Group, Inc.
The table below outlines the Dave Erwin Park project budget and expenditures to date:
Dave Erwin Park:
Authorized Budgets
Date
Authorized Total
Parks &
Rec Cap Bond Meas G
Original Budget FY 20/21 7/1/2020 1,000,000 1,000,000 - - Additional Appropriation FY 22/23 7/1/2022 324,833 800 324,033 - Additional Appropriation FY 23/24/25 7/1/2023 155,599 - 155,599 - Additional Appropriation FY 25/26 7/1/2025 530,000 500,000 30,000 - Additional Appropriation FY 26/27 7/1/2026 1,216,067 - - 1,216,067 Current Appropriation Request 9/10/2026 439,595 - - 439,595 Total Authorized Budget to Date 3,636,094 1,500,800 509,632 1,625,662 Less: Authorized Expenditures
Date
Authorized Total
Parks &
Rec Cap Bond Meas G
HR Green (A43530) 7/7/2022 800 800 - -
MARRS Services (C44820) 2/16/2023 3,375 - 3,375 -
Misc. Costs (Fees & Staff Time) 6/30/2025 30,471 - 30,471 - Accenture LLP (C44810) 10/23/2025 14,876 - 14,876 -
Forsite Escrow 2/10/2026 24,526 - 24,526 -
Interwest Consulting (C43900) 9/1/2022 1,224,033 1,000,000 224,033 - Contingency 9/1/2022 77,227 - 77,227 -
Accenture LLP (C44810): CM Services 7/1/2026 1,821,190 500,000 135,123 1,186,067 Amendment #2:
Interwest Consulting (C43900)* 9/10/2026 356,822 - - 356,822 Contingency* 82,773 - - 82,773
Total Authorized Expenditures to
Date 3,636,094 1,500,800 509,632 1,625,662
Remaining Project Budget Available 30,000 - - 30,000
*This Request
Attachments
1. C43900 Amendment No. 2
2. Interwest Proposal
3. C43900 Agreement
597
4. C43900 Amendment No. 1
598
Conflict of Interest Awareness Checklist
Note: This checklist is informational only and does not constitute a legal determination. Each Councilmember remains responsible for identifying, disclosing, and evaluating any disqualifying interests under the Political Reform Act and applicable FPPC regulations.
1. Site-Specific Property Interest
Does this item involve a project site or other identifiable real property? ☒ Yes
☐ No
If yes, identify the project site: The proposed park is located in northern Palm Desert, south of Interstate 10, east of Portola Road, and on Dinah Shore Drive, with Gerald Ford Drive located further south.
Councilmembers should consider whether they own, lease, or hold interests in real property within 1,000 feet of the project site. (Gov. Code § 87103(b); FPPC Reg. 18702.2).
2. SB 1439 / Gov. Code § 84308 Applicability (Campaign Contributions) Does this item involve a license, permit, other entitlement for use, or a contract or franchise agreement that is not competitively bid, a labor agreement, or a personal employment contract?
☒ Yes
☐ No
If yes, identify the party: Interwest Consulting Group, Inc.
Councilmembers should review campaign contributions received within the prior 12 months from parties or participants to the proceeding and must not accept contributions over $500 from those parties for 12 months following the final decision. (Gov. Code § 84308). 599
600
Contract No. C43900
1 Rev 08-26
72500.00001\44340560.1
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND INTERWEST CONSULTING GROUP, INC.
1. Parties and Date.
This Amendment No. 2 (“Amendment No. 2”) to the Professional Services Agreement, Contract No. C43900, is made and entered into on September 10, 2026, 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 444 Cleveland Avenue, Loveland, CO 80537 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
1.1 City Council Approval. On September 10, 2026, City Council approved the award of this Amendment No. 2 to Consultant named above.
2. Recitals.
2.1 Agreement. The City and Consultant entered into a Professional Services Agreement (“Agreement”) on September 1, 2022, for the purpose of retaining the services of Interwest Consulting Group, Inc., for the planning and design of the North Sphere Regional Park Project (“Project”).
2.2 Background. The parties previously entered into Amendment No. 1 on February 3, 2023, for the purpose of expanding scope of service to include grant-writing services and increase compensation.
2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.6.14 of the Agreement.
2.4 The purpose of this Amendment No. 2 is to expand the scope of service , extend the term, and increase compensation.
3. Terms. The Agreement is hereby amended as follows:
Section 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 adequately supply the services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “C-1” 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. 601
Contract No. C43900
2 Rev 08-26
72500.00001\44340560.1
Section 3.1.2 Term. The term of this Agreement shall be from September 1, 2022, to June 30, 2029, 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 one (1) additional one-year term. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
Section 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C-1” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE MILLION FIVE HUNDRED EIGHTY THOUSAND
EIGHT HUNDRED FIFTY-FIVE DOLLARS AND ZERO CENTS
($1,580,855.00) without written approval of the City Council or City Manager, as applicable.
Exhibit “C-1” “Exhibit C-Revised” is hereby removed in its entirety and replaced with “Exhibit C-1” attached hereto and incorporated herein by reference.
3.1 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.2 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
3.3 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
602
Contract No. C43900
3 Rev 08-26
72500.00001\44340560.1
SIGNATURE PAGE FOR AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF PALM DESERT AND INTERWEST CONSULTING GROUP, INC.
CITY OF PALM DESERT
Chris Escobedo
City Manager
Attest:
Anthony J. Mejia
City Clerk
Approved to form by:
____________________________
Isra Shah
City Attorney
INTERWEST CONSULTING GROUP,
INC., A CORPORATION
Elizabeth Burke
Vice President
____________________________
Daniel Haynes
Treasurer
Office Use:
Quality Check Insurance Review
City Clerk Contracts Initial Final
603
604
City of Palm Desert/
Dave Erwin Park Project/
Contract No. C43900
July 29
th, 2026
Ryan Lamb, Senior Project Manager
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Re: Amendment NO. 2 Dave Erwin Park
Dear Mr. Lamb,
Please find attached Amendment NO. 2 to the SAFEbuilt (Interwest/CGA) Contract #C43900 with the City of Palm Desert for professional design services for Erwin Park. A summary of the provisions of Amendment NO. 2 is provided below, followed by the attached supporting documents.
SUMMARY OF PROPOSALS:
The original contract covered planning, design, and construction services for the Erwin Park site, as well as planning and preliminary design services for the Regional Park site. At the time, the scope of work for either site had not been defined in detail.
Amendment NO. 1 authorized work related to Park Grants, which has since been completed.
As the project progressed, work on the Regional Park was suspended after initial planning, while the scope of work for Erwin Park was expanded.
Below is a summary of total costs for each proposal, along with the original contract amount and the additional budget needed to complete the expanded scope of work at Erwin Park.
A high-level summary is provided below:
1. Original Contract Amount: $1,201,260
2. Amendment 1 Amount for Park Grants: $22,773
3. Current Contract Amount: $1,224,033
4. Additional Services Proposal #1 $313,170
5. Additional Services Proposal #2 $76,180
6. Additional Services Proposal #3 $105,070
7. Additional Services Proposal #4 $51,820
8. Total Additional Services Proposals (1-4): $546,240
10. Remaining Regional Park Funds: ($189,418)
11. Total Additional Fee Requested: $356,822
Exhibit "C-1"
605
City of Palm Desert/
Dave Erwin Park Project/
Contract No. C43900
SUPPORTING DOCUMENTS:
Please find attached the following:
• Additional Services Proposal 1, for Changed/Increased Scope from April 2025 to January 2026 , including structural design.
• Additional Services Proposal 2, to Collaborate with Accenture to Refine Cost Estimate and Coordinate with City to Adjust Project Scope to Reduce Costs and Present to City Council. • Additional Services Proposal 3, for Re-Design of Two Roundabouts (Dinah Shore at Park Entrance and Dinah Shore at Athena Point), plus Lighting between Roundabouts. • Additional Services Proposal 4, for Design Modifications.
We appreciate the opportunity to continue serving the City of Palm Desert. If you have any questions, please do not hesitate to contact Bill Evans at 786.350.8190 or [email protected] Sincerely,
Bill Evans,
Senior Director of Professional Services
Interwest Consulting Group
Exhibit "C-1"
606
Summary of Additional Scope:
Design Modifications and Additional Planning Effort include the following:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Add off-site Dinah Shore Drive traffic improvements: (NOT roundabouts) - Traffic Analysis (Turn Pockets, Event Loading, Lane Configuration). Includes review of previous traffic studies to determine required length of left-turn pockets on Dinah Shore. Based on the assumption that the traffic study for Palm Villas will be made available for our use. - Design. Includes layout, signing & striping, grading, and pavement improvements.
SWPPP and ESC Plans
- Prepare stormwater compliance documents, Notice of Intent (NOI), and a Stormwater Pollution Prevention Plan (SWPPP).
- Provide additional coordination with the City and applicable agencies regarding stormwater compliance requirements.
- Monthly QSD Site Visits as required by the 2022 Construction General Permit. - Prepare Erosion and Sediment Control Plans to be included in SWPPP and 90% plans.
Additional Planning by Landscape Architect
Additional Public Engagement by Landscape Architect
Additional Conceptual Design by Landscape Architect
Coordination with Palm Villas design team for both entrances and sound/flood wall.
Prepare a WQMP to reflect updated infiltration findings and design modifications.
Structural Engineering Consultant
- Preliminary Design Assistance
- Final Design-Construction Documents (60%, 90% & 100% submittals) - Allowance for No More Than (3) Total Additional Review Cycles (fee distributed among 3 submittals) - Bidding Support Services
- Construction Support Services
- Reimbursable Allowance (fee distributed among the 3 submittals and support services) - Design includes a) 12 ft high pickleball fence and gates, b) a block wall around the maintenance yard and Basin 9B plus footings for manually operated double-leaf gates, and c) footings for manually operated double-leaf gates at each end of the access road along the southeast park boundary/property line. Automatic and/or remote-controlled gates are not included. - Design excludes structural design for any footings that are not explicitly shown on the structural plan sheets, including footings for any items covered by deferred submittal or standalone equipment submittal. We assume contractor will provide structural design of said footings in compliance with all applicable codes and site-specific geotechnical reports, including structural calculations for the footing design where required by code.
Add Scope in Contract Documents, Bid Assistance & Construction Administration Assistance to Accommodate WQMP & SWPPP.
CONSULTANT FEES - INTERWEST & CGA
DAVE ERWIN PARK
ADDITIONAL SERVICES PROPOSAL #1 (ASP#1)
Proposed Additional Services for Changed/Increased Scope from April 2025 to January 2026 City of Palm Desert
Between the time when the conceptual design for the park was developed for presentation to City Council in April of 2025 and when SAFEbuilt (Interwest & CGA) submitted the first contract amendment spreadsheet to the City of Palm Desert in January of 2026, the scope of the park project changed significantly. These changes were discussed with City staff and documented as "Added Necessary Scope" in the first contract amendment spreadsheet, but they were not included as a separate additional services proposal. Those added scope items are included herein. Our anticipated effort is outlined below.
Additional Infiltration/Percolation Testing & Reporting:
- Perform supplemental infiltration testing across designated areas of the park site in and beyond Parcel 9.
- Coordinate with the geotechnical engineer to document results and integrate findings into the final drainage/WQMP design.
Add Retention Basin 9B.
Add steps and seating around Retention Basin 9A.
Add sound/flood wall at the southeast property line.
Add off-site dry utilities - electrical and telecommunications.
Interwest/CGA July 29, 2026 Page 1 of 2
Exhibit "C-1"
607
CONSULTANT FEES - INTERWEST & CGA
DAVE ERWIN PARK
ADDITIONAL SERVICES PROPOSAL #1 (ASP#1)
Proposed Additional Services for Changed/Increased Scope from April 2025 to January 2026 City of Palm Desert
Fees for Additional Services:
Description
CEQA Compliance + Planning + Public Engagement $22,100
a. Additional Planning by Landscape Architect $4,130
b. Additional Public Engagement by Landscape Architect $10,150 c. Additional Conceptual Design by Landscape Architect $7,820 30% Construction Documents $45,590
a. Water Quality Management Plan - Civil $6,950
b. Spectator Seating in Basin - Landscape & Irrigation $4,440 c. Palm Villas Entrances & Sound/Flood Wall - Landscape & Irrigation $4,200 d. Structural Engineering Consultant $30,000
60% Construction Documents $80,450
a. Water Quality Management Plan - Civil $6,950
b. Palm Villas Entrances & Sound/Flood Wall - Civil $8,440 c. Palm Villas Entrances & Sound/Flood Wall - Landscape & Irrigation $8,400 d. Off-Site Dinah Shore Traffic Improvements: Analysis & Design - Civil $15,620 e. Off-Site Dinah Shore Traffic Count Consultant $900
f. Off-Site Dry Utility Consultant (Electric/Comm) $12,000 g. Structural Coordination - Landscape & Irrigation $2,160 h. Spectator Seating in Basin - Landscape & Irrigation $6,480 i. Structural Engineering Consultant $19,500
90% Construction Documents $71,910
a. Storm Water Management, excluding WQMP - Civil $2,700 b. Water Quality Management Plan - Civil $4,150
c. Palm Villas Entrances & Sound/Flood Wall - Civil $8,440 d. Palm Villas Entrances & Sound/Flood Wall - Landscape & Irrigation $6,820 e. Off-Site Dinah Shore Traffic Improvements: Design - Civil $6,740 f. Off-Site Dry Utility Consultant (Electric/Comm) $7,560 j. Structural Engineering Consultant $35,500
Permitting / 100% Plans and Contract Documents $15,460
a. Water Quality Management Plan - Civil $1,960
b. Structural Engineering Consultant $13,500
Bid Assistance $11,000
a. Increased Bid Doc Review for SWPPP & WQMP - Civil $2,480 b. Increased RFI Scope for SWPPP & WQMP - Civil $3,730
c. Off-Site Dry Utility Consultant (Electric/Comm) $2,290 d. Structural Engineering Consultant $2,500
Construction Administration Assistance $22,650
a. Off-Site Dry Utility Consultant (Electric/Comm) $5,650 b. Structural Engineering Consultant $17,000
SWPPP and Erosion and Sediment Control (ESC) Plans $44,010 a. Prepare Storm Water Pollution Prevention Plan (SWPPP) $9,490 b. Monthly QSD Site Visits as required by the 2022 General Permit $29,000 c. Prepare ESC Plans to be included in SWPPP and 90% plans $5,520 Total for Changed/Increased Scope from April 2025 to January 2026: $313,170 Estimated Fee
Interwest/CGA July 29, 2026 Page 2 of 2
Exhibit "C-1"
608
Summary of Additional Scope:
Construction Cost Estimate Collaboration with Accenture and the City will include the following:
•
•
•
•
•
Coordinating with City Staff for Presentation to City Council will include the following:
•
•
•
•
The following work is not included:
•
•
•
Additional off-line coordination with Accenture and the City between the working sessions.
Significantly modifying previously agreed upon site layout, or product types and/or quantities in order to reduce overall costs. If this is requested, we will determine whether or not the required changes to the design can be incorporated into our current design budget, and if not we will submit a proposal for the additional services requested.
Additional collaboration after the project goes out to bid.
Preparing phased improvement plans and/or separate plan sets for adding individual items or areas for future phases. If this is requested, we will submit a proposal for the additional services requested.
Prepare cost reduction exhibits for presentation to City Council, including many rounds of revision based on City feedback.
Additional off-line coordination with City between the working sessions.
Participate in City Council Meeting in support of City staff.
Participate in working sessions with City staff to review cost reduction exhibits.
Collaborative working sessions with Accenture and the City. A total of six two-hour sessions with Accenture and six one-hour sessions with Accenture and the City.
Coordination with vendors for product quotes or edits.
Preparation of notes, exhibits, or product information and alternatives for the working sessions.
CONSULTANT FEES - INTERWEST & CGA
DAVE ERWIN PARK
ADDITIONAL SERVICES PROPOSAL #2 (ASP#2)
Proposed Additional Services to Collaborate with Accenture to Refine the Cost Estimate and Coordinate with the City to Adjust Project Scope to Reduce Costs and Present to City Council City of Palm Desert
We understand that our team is planning for three rounds of construction cost estimate collaboration - at 60% design, at 90% design, and at 100% permit documents. We are also coordinating with City staff to adjust the project scope to reduce costs and preparing exhibits to present to City Council. Our anticipated effort is outlined below.
Review of Accenture's estimate, including a rough check of quantity take-offs, for consistency with the design intent as shown on the design drawings. Feedback with recommended adjustments.
Interwest/CGA July 23, 2026 Page 1 of 2
Exhibit "C-1"
609
CONSULTANT FEES - INTERWEST & CGA
DAVE ERWIN PARK
ADDITIONAL SERVICES PROPOSAL #2 (ASP#2)
Proposed Additional Services to Collaborate with Accenture to Refine the Cost Estimate and Coordinate with the City to Adjust Project Scope to Reduce Costs and Present to City Council City of Palm Desert
Fees for Additional Services:
Description
60% Construction Documents $50,610
a. Collaborating with Accenture to refine the cost estimate - Civil. $17,210 b. Collaborating with Accenture to refine the cost estimate - Landscape. $9,900 c. Coordinate with City to adjust project scope to reduce costs & present to City Council, including exhibit preparation and revision - Civil. $12,200
d. Coordinate with City to adjust project scope to reduce costs & present to City Council, including exhibit preparation & revision - Landscape. $11,300
90% Construction Documents $13,560
a. Collaborating with Accenture to refine the cost estimate - Civil. $8,610 b. Collaborating with Accenture to refine the cost estimate - Landscape. $4,950 Permitting / 100% Plans and Contract Documents $12,010
a. Collaborating with Accenture to refine the cost estimate - Civil. $7,060 b. Collaborating with Accenture to refine the cost estimate - Landscape. $4,950 Total: $76,180
Estimated Fee
Interwest/CGA July 23, 2026 Page 2 of 2
Exhibit "C-1"
610
Summary of Additional Scope:
We assume the work effort will include the following:
•
•
•
•
•
•
•
•
•
•
The following work is not included:
•
•
•
CONSULTANT FEES - INTERWEST & CGA
DAVE ERWIN PARK
ADDITIONAL SERVICES PROPOSAL #3 (ASP#3)
Proposed Additional Services for Re-Design of Two Roundabouts:
Dinah Shore at Park Entrance, and Dinah Shore at Athena Point City of Palm Desert
We understand that the re-design of two roundabouts, Dinah Shore at park entrance, and Dinah Shore at Athena Point, will be added to the project. Please note that it may be preferable to also add the street lights along Dinah Shore Drive since much of the work effort for the roundabouts will also apply to the added street lights. Our anticipated effort is outlined below.
In general, we are assuming a worst-case scenario for this preliminary fee estimate. As the project advances, we will refine our fee estimate to reflect any changes/reductions in the required effort.
Based on discussion with our electrical engineer, the off-site improvements being made to serve the park will be adequate to serve the added street lights.
Add uplighting in center islands.
Assume adding reverse curves approaching the roundabouts.
Add/revise pavement marking and signage within the roundabout improvement areas, including approaches. Replace pavement marking along the remainder of the roadway.
Assume grind and overlay within the roundabout improvement areas, as well as between the roundabouts and all the way to Gerald Ford.
Outside curb limit appears adequate to accommodate required modifications.
Based on the point above, we assume no additional ROW required.
Add street lighting at roundabouts only. Other street lighting on Dinah Shore included as an Add Alt.
Assume the existing irrigation services to each of the two roundabouts are adequate to serve the modified irrigation systems at each location, and that the City will provide information documenting the size and location of the irrigation meter, backflow preventer, and controller at each roundabout.
Separate off-site plans.
Traffic control. (Assumed to be provided by contractor.) Additional survey. We assume this will be provided by the City's surveyor.
Interwest/CGA July 23, 2026 Page 1 of 3
Exhibit "C-1"
611
CONSULTANT FEES - INTERWEST & CGA
DAVE ERWIN PARK
ADDITIONAL SERVICES PROPOSAL #3 (ASP#3)
Proposed Additional Services for Re-Design of Two Roundabouts:
Dinah Shore at Park Entrance, and Dinah Shore at Athena Point City of Palm Desert
Fees for Additional Services - Roundabouts:
Description
60% Construction Documents $28,770
a. Add Roundabouts - Civil. $19,760
b. Add Roundabouts - Landscape. $7,210
c. Add Roundabouts - Lighting. $1,800
90% Construction Documents $24,470
a. Add Roundabouts - Civil. $12,860
b. Add Roundabouts - Landscape & Irrigation. $10,410
c. Add Roundabouts - Lighting. $1,200
Permitting / 100% Plans and Contract Documents $13,480
a. Add Roundabouts - Civil. $9,140
b. Add Roundabouts - Landscape & Irrigation. $3,140
c. Add Roundabouts - Lighting. $1,200
Bid Assistance $5,950
a. Estimated Additional Bid Assistance - Civil. $3,500
b. Estimated Additional Bid Assistance - Landscape & Irrigation. $1,500 c. Estimated Additional Bid Assistance - Lighting. $950 Construction Administration Assistance $11,300
a. Estimated Additional Construction Administration Assistance - Civil. $7,500 b. Estimated Additional CA Assistance - Landscape & Irrigation. $2,500 c. Estimated Additional Construction Administration Assistance - Lighting. $1,300 SWPPP and ESC Plans $4,000
a. Estimated Additional SWPPP $2,000
b. Estimated Additional ESC Plans $2,000
Total for Re-Design of Two Roundabouts: $87,970
Estimated Fee
Interwest/CGA July 23, 2026 Page 2 of 3
Exhibit "C-1"
612
CONSULTANT FEES - INTERWEST & CGA
DAVE ERWIN PARK
ADDITIONAL SERVICES PROPOSAL #3 (ASP#3)
Proposed Additional Services for Re-Design of Two Roundabouts:
Dinah Shore at Park Entrance, and Dinah Shore at Athena Point City of Palm Desert
Fees for Additional Services - Add Alt for Including All Streetlights on Dinah Shore Drive:
Description
60% Construction Documents - Add Alt $6,010
a. Civil $4,210
b. Electrical/Lighting $1,800
90% Construction Documents - Add Alt $4,250
a. Civil $3,050
b. Electrical/Lighting $1,200
Permitting / 100% Plans and Contract Documents - Add Alt $3,090 a. Civil $1,890
b. Electrical/Lighting $1,200
Bid Assistance - Add Alt $1,450
a. Estimated Additional Bid Assistance - Civil. $500
b. Estimated Additional Bid Assistance - Lighting. $950 Construction Administration Assistance - Add Alt $2,300 a. Estimated Additional Construction Administration Assistance - Civil. $1,000 b. Estimated Additional Construction Administration Assistance - Lighting. $1,300 Total for Add Alt to Include All Streetlights on Dinah Shore Drive: $17,100 Grand Total for Re-Design of Two Roundabouts & Add Alt: $105,070 Estimated Fee
Interwest/CGA July 23, 2026 Page 3 of 3
Exhibit "C-1"
613
Summary of Additional Scope:
Design Modifications will include the following:
•
•
•
•
•
•
•
•
•
•
•
•
•
The following work is not included:
•
•
•
•
•
•
Fees for Additional Services:
Description
60% Construction Documents $31,470
a. Additional Services for Design Modifications - Civil. $14,000 b. Additional Services for Design Modifications - Landscape. $17,470 90% Construction Documents $14,300
a. Additional Services for Design Modifications - Civil. $5,940 b. Additional Services for Design Modifications - Landscape. $8,360 Permitting / 100% Plans and Contract Documents $6,050
a. Additional Services for Design Modifications - Civil. $2,890 b. Additional Services for Design Modifications - Landscape. $3,160 Total: $51,820
Presentation to City Council and public meetings.
Additional meetings beyond scheduled bi-weekly progress meetings with City.
Remove bocce court
Reduce picnic tables.
Add shade over fitness area
Modify site walkways to remove pedestrian bridge.
Relocate farmers' market.
Shift pollinator garden north.
Estimated Fee
Add turf area in two locations.
Shift community garden
Raised crosswalk or Rectangular Rapid Flashing Beacons (RRFBs), or other measures in addition to signage.
Add shade over tables by snack bar
Revise mower access for the terrace leves on east end of Basin 9A.
Revise disc golf layout.
Revise playground design.
Add sidewalk along access road, including crosswalks, and signage for the access road crosswalk.
Add sharrows on access road, but don't widen road, including coordination with City to review the options, including developing and presenting options for City review.
Mirror maintenance access road on northwest edge of Basin 9A.
CONSULTANT FEES - INTERWEST & CGA
DAVE ERWIN PARK
ADDITIONAL SERVICES PROPOSAL #4 (ASP#4)
Proposed Additional Services for Design Modifications
City of Palm Desert
Design modifications to accommodate additional planning level comments from the City. Our anticipated effort is outlined below.
Revise ADA ramp from parking lot to bottom of Basin 9A.
Interwest/CGA July 23, 2026 Page 1 of 1
Exhibit "C-1
614
North Palm Desert Parks - Revised Amendment 2 SAFEbuilt (IW&CGA) July 29, 2026 City of Palm Desert
Dave Erwin Park
Phases and Task Listing Grand Total
Budget Additional Fee Budget Additional Fee Budget Additional Fee Tasks I & II - Public Engagement, Preliminary Design Planning, and Conceptual Design $210,350 CEQA Updates(1) $18,300 $0 $0 $0 $18,300 $0 $18,300
AQ/GHG Update - Terra Nova $3,781 $0 $0 $0 $3,781 $0 $3,781 Trip Generation Analysis - Kunzman $3,400 $0 $0 $0 $3,400 $0 $3,400 Noise Study - Impact Sciences $8,500 $0 $0 $0 $8,500 $0 $8,500 Planning [Base & ASP#1] $0 $0 $6,200 $4,130 $6,200 $4,130 $10,330 Public Engagement [Base & ASP#1] $0 $0 $62,594 $10,150 $62,594 $10,150 $72,744 Conceptual Design [Base & ASP#1] $0 $0 $85,475 $7,820 $85,475 $7,820 $93,295 Total $33,981 $0 $154,269 $22,100 $188,250 $22,100 $210,350 Task III - Construction Documents $1,041,815
30% Construction Documents
Storm Water Management, excluding WQMP $17,360 $0 $0 $0 $17,360 $0 $17,360 Water Quality Management Plan (WQMP) [ASP#1] $0 $6,950 $0 $0 $0 $6,950 $6,950 Spectator Seating in Basin [ASP#1] $0 $0 $0 $4,440 $0 $4,440 $4,440 Palm Villas Entrances & Sound/Flood Wall [ASP#1] $0 $0 $0 $4,200 $0 $4,200 $4,200 Structural Engineer Subconsultant - Prelim Assistance(8) [ASP#1] $0 $30,000 $0 $0 $0 $30,000 $30,000 Preparation of 30% Construction Plans(2) $40,320 $0 $74,746 $0 $115,066 $0 $115,066 Total $57,680 $36,950 $74,746 $8,640 $132,426 $45,590 $178,016 60% Construction Documents
Storm Water Management, excluding WQMP $12,880 $0 $0 $0 $12,880 $0 $12,880 Water Quality Management Plan (WQMP) [ASP#1] $0 $6,950 $0 $0 $0 $6,950 $6,950 Palm Villas Entrances & Sound/Flood Wall [ASP#1] $0 $8,440 $0 $8,400 $0 $16,840 $16,840 Off-Site Traffic (analysis & lane config./striping) [ASP#1] $0 $15,620 $0 $0 $0 $15,620 $15,620 Off-Site Traffic (Traffic Count Consultant) [ASP#1] $0 $900 $0 $0 $0 $900 $900 On-Site Electrical Engineering $10,000 $0 $0 $0 $10,000 $0 $10,000 Off-Site Dry Utility Consultant (Electric/Comm) [ASP#1] $0 $12,000 $0 $0 $0 $12,000 $12,000 Off-Site Roundabouts - Civil & Landscape [ASP#3] $0 $19,760 $0 $7,210 $0 $26,970 $26,970 Off-Site Roundabouts - Lighting [ASP#3] $0 $1,800 $0 $0 $0 $1,800 $1,800 Off-Site Streetlights - Ford to Athena - Civil [ASP#3 - Add Alt] $0 $4,210 $0 $0 $0 $4,210 $4,210 Off-Site Streetlights - Ford to Athena - Lighting [ASP#3 - Add Alt] $0 $1,800 $0 $0 $0 $1,800 $1,800 Collaborating with Accenture to Refine the Cost Estimate [ASP#2] $0 $17,210 $0 $9,900 $0 $27,110 $27,110 Coordinate w/City to Adjust Project Scope / Reduce Cost [ASP#2] $0 $12,200 $0 $11,300 $0 $23,500 $23,500 Geotechnical $20,000 $0 $0 $0 $20,000 $0 $20,000
Structural Coordination [ASP#1] $0 $0 $0 $2,160 $0 $2,160 $2,160 Spectator Seating in Basin [ASP#1] $0 $0 $0 $6,480 $0 $6,480 $6,480 Additional Services for Design Modifications [ASP#4] $0 $14,000 $0 $17,470 $0 $31,470 $31,470 Structural Engineer Subconsultant [ASP#1] $0 $19,500 $0 $0 $0 $19,500 $19,500 Preparation of 60% Construction Plans(3) $79,280 $0 $94,828 $0 $174,108 $0 $174,108 Total $122,160 $134,390 $94,828 $62,920 $216,988 $197,310 $414,298 90% Construction Documents
Storm Water Management, excluding WQMP(6) [Base & ASP#1] $8,530 $2,700 $0 $0 $8,530 $2,700 $11,230 Water Quality Management Plan (WQMP) [ASP#1] $0 $4,150 $0 $0 $0 $4,150 $4,150 Palm Villas Entrances & Sound/Flood Wall [ASP#1] $0 $8,440 $0 $6,820 $0 $15,260 $15,260 Off-Site Traffic (lane config./striping) [ASP#1] $0 $6,740 $0 $0 $0 $6,740 $6,740 On-Site Electrical Engineering $5,600 $0 $0 $0 $5,600 $0 $5,600 Off-Site Dry Utility Consultant (Electric/Comm) [ASP#1] $0 $7,560 $0 $0 $0 $7,560 $7,560 Off-Site Roundabouts - Civil & Landscape [ASP#3] $0 $12,860 $0 $10,410 $0 $23,270 $23,270 Off-Site Roundabouts - Lighting [ASP#3] $0 $1,200 $0 $0 $0 $1,200 $1,200 Off-Site Streetlights - Ford to Athena - Civil [ASP#3 - Add Alt] $0 $3,050 $0 $0 $0 $3,050 $3,050 Off-Site Streetlights - Ford to Athena - Lighting [ASP#3 - Add Alt] $0 $1,200 $0 $0 $0 $1,200 $1,200 Collaborating with Accenture to Refine the Cost Estimate [ASP#2] $0 $8,610 $0 $4,950 $0 $13,560 $13,560 Geotechnical $20,000 $0 $0 $0 $20,000 $0 $20,000
Additional Services for Design Modifications [ASP#4] $0 $5,940 $0 $8,360 $0 $14,300 $14,300 Structural Engineer Subconsultant [ASP#1] $0 $35,500 $0 $0 $0 $35,500 $35,500 Preparation of 90% Construction Plans(4) $65,650 $0 $74,816 $0 $140,466 $0 $140,466 Erosion and Sediment Control Plans [ASP#1] $0 $5,520 $0 $0 $0 $5,520 $5,520 Off-Site Roundabouts Add'l ESC Plans [ASP#3] $0 $2,000 $0 $0 $0 $2,000 $2,000 Prepare SWPPP [ASP#1] $0 $9,490 $0 $0 $0 $9,490 $9,490
Off-Site Roundabouts Add'l SWPPP [ASP#3] $0 $2,000 $0 $0 $0 $2,000 $2,000 Total $99,780 $116,960 $74,816 $30,540 $174,596 $147,500 $322,096 Permitting / 100% Plans and Contract Documents
Storm Water Management, excluding WQMP $4,180 $0 $0 $0 $4,180 $0 $4,180 Water Quality Management Plan (WQMP) [ASP#1] $0 $1,960 $0 $0 $0 $1,960 $1,960 Off-Site Roundabouts - Civil & Landscape [ASP#3] $0 $9,140 $0 $3,140 $0 $12,280 $12,280 Off-Site Roundabouts - Lighting [ASP#3] $0 $1,200 $0 $0 $0 $1,200 $1,200 Off-Site Streetlights - Ford to Athena - Civil [ASP#3 - Add Alt] $0 $1,890 $0 $0 $0 $1,890 $1,890 Off-Site Streetlights - Ford to Athena - Lighting [ASP#3 - Add Alt] $0 $1,200 $0 $0 $0 $1,200 $1,200 Collaborating with Accenture to Refine the Cost Estimate [ASP#2] $0 $7,060 $0 $4,950 $0 $12,010 $12,010 Geotechnical $9,665 $0 $0 $0 $9,665 $0 $9,665
Additional Services for Design Modifications [ASP#4] $0 $2,890 $0 $3,160 $0 $6,050 $6,050 Structural Engineer Subconsultant [ASP#1] $0 $13,500 $0 $0 $0 $13,500 $13,500 100% Construction Plans(5) $16,990 $0 $34,152 $0 $51,142 $0 $51,142 Permitting(7) $5,540 $0 $6,788 $0 $12,328 $0 $12,328
Total $36,375 $38,840 $40,940 $11,250 $77,315 $50,090 $127,405 Task IV - Bidding and Construction Support $263,310
Bid Assistance
Review Bid Documents $6,200 $0 $3,467 $0 $9,667 $0 $9,667 Increased Bid Doc Review for SWPPP & WQMP [ASP#1] $0 $2,480 $0 $0 $0 $2,480 $2,480 Respond to Bid Requests for Information (RFIs) $6,630 $0 $3,708 $0 $10,338 $0 $10,338 Increased RFI Scope for SWPPP & WQMP [ASP#1] $0 $3,730 $0 $0 $0 $3,730 $3,730 On-Site Electrical $2,200 $0 $0 $0 $2,200 $0 $2,200
Off-Site Dry Utility Consultant (Electric/Comm) [ASP#1] $0 $2,290 $0 $0 $0 $2,290 $2,290 Off-Site Roundabouts - Civil & Landscape [ASP#3] $0 $3,500 $0 $1,500 $0 $5,000 $5,000 Off-Site Roundabouts - Lighting [ASP#3] $0 $950 $0 $0 $0 $950 $950 Off-Site Streetlights - Ford to Athena - Civil [ASP#3 - Add Alt] $0 $500 $0 $0 $0 $500 $500 Off-Site Streetlights - Ford to Athena - Lighting [ASP#3 - Add Alt] $0 $950 $0 $0 $0 $950 $950 Structural Engineer Subconsultant [ASP#1] $0 $2,500 $0 $0 $0 $2,500 $2,500 Value Engineering(8) $9,450 $0 $5,285 $0 $14,735 $0 $14,735 Meetings During Bid Process(9) $14,780 $0 $0 $0 $14,780 $0 $14,780 Total $39,260 $16,900 $12,460 $1,500 $51,720 $18,400 $70,120 Construction Administration Assistance (10)
Submittals/RFIs(11) $70,500 $0 $38,198 $0 $108,698 $0 $108,698 On-Site Electrical $5,200 $0 $0 $0 $5,200 $0 $5,200
Off-Site Dry Utility Consultant (Electric/Comm) [ASP#1] $0 $5,650 $0 $0 $0 $5,650 $5,650 Off-Site Roundabouts - Civil & Landscape [ASP#3] $0 $7,500 $0 $2,500 $0 $10,000 $10,000 Off-Site Roundabouts - Lighting [ASP#3] $0 $1,300 $0 $0 $0 $1,300 $1,300 Off-Site Streetlights - Ford to Athena - Civil [ASP#3 - Add Alt] $0 $1,000 $0 $0 $0 $1,000 $1,000 Off-Site Streetlights - Ford to Athena - Lighting [ASP#3 - Add Alt] $0 $1,300 $0 $0 $0 $1,300 $1,300 Structural Engineer Subconsultant [ASP#1] $0 $17,000 $0 $0 $0 $17,000 $17,000 Construction Meetings (based on 30 hours) $5,100 $0 $0 $0 $5,100 $0 $5,100 Monthly QSD Site Visits [ASP#1] $0 $29,000 $0 $0 $0 $29,000 $29,000 Record Drawings(12) $5,800 $0 $3,142 $0 $8,942 $0 $8,942 Total $86,600 $62,750 $41,340 $2,500 $127,940 $65,250 $193,190 Dave Erwin Park Totals $475,836 $406,790 $493,399 $139,450 $969,235 $546,240 $1,515,475 Dave Erwin Park Total $1,515,475
Civil Engineering Landscape & Irrigation Subtotals (Civil + Landscape)
615
North Palm Desert Parks - Revised Amendment 2 SAFEbuilt (IW&CGA) July 29, 2026 City of Palm Desert
Regional Park
Task Listing - Work to be Completed Grand Total
Tasks listed below, and budget required for each in current contract, will be adjusted based on City input.*
Original Bugeted
Scope thru 30%
Budget Required in
Current Contract*
Original Bugeted
Scope thru 30%
Budget Required in
Current Contract*
Original Bugeted
Scope thru 30%
Add'l Budget Req'd
in Current Contract
Budget Required in
Current Contract
Preliminary Investigations $23,594 $0 $25,559 $0 $49,153 $0 $0 Public Engagement $11,767 $0 $12,747 $0 $24,514 $0 $0
Conceptual Designs $22,521 $0 $24,397 $0 $46,918 $0 $0
30%+ Park Design $53,170 $0 $58,270 $0 $111,440 $0 $0
Regional Park Totals $111,052 $0 $120,973 $0 $232,025 $0 $0 * Based on 1/27/26 conversation with Lucero Leyva, no additional Regional Park work will be required under the current contract.
Park Grants Total $22,773 $0 $0
Contract Total $586,888 $406,790 $614,372 $139,450 $1,224,033 $546,240 $1,515,475 Task Listing: Budget Spent
Development Parameters $7,574
Preliminary Park Designs $12,325 ASP#1 -
Feasibility Studies $16,905
Consultation with UNSP Planning Team $2,707 ASP#2 -
UNSP 27-Acre Test Fit Studies $3,096
Park Grants $22,773
Park Grants & Regional Park Total $65,380 ASP#3 -
Dave Erwin Park & Regional Park - Existing Agreement Reconciliation & Additional Fee Requested ASP#4 - Proposed Additional Services for Design Modifications.
Original Contract - Erwin $969,235
Original Contract - Regional $232,025
Amendment 1 - Park Grants $22,773 Check of Additional Fee Requested Original Contract - Total $1,224,033 Additional Fee Required for Erwin (a) $546,240 Current Contract - Required Budget for Erwin $1,515,475 Original Contract Amount for Regional (b) $232,025 Current Contract - Required Budget for Park Grants & Regional $0 Original Contract Amount for Park Grants (c) $22,773 Current Contract - Amount Spent for Park Grants & Regional $65,380 Amount Spent on Park Grants & Regional (d) $65,380 Current Contract - Total $1,580,855 Credit from Park Grants & Regional (e = b + c -d) $189,418 Current Contract - Additional Fee Requested $356,822 Additional Fee Requested (a - e) $356,822 Dave Erwin Park Notes:
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. Proposed Additional Services for Re-Design of Two
Roundabouts (Dinah Shore at Park Entrance & Dinah Shore at Athena Point), plus Lighting between Roundabouts.
The following items are explicitly excluded from Construction Administration Assistance:
- Site inspections or observations.
- Review of temporary shoring plans, dewatering plans, or any plans required for construction operations. - Perform punch list walk-through or provide recommendations for corrective actions. - Review contractor’s pay applications.
- Anything else not explicitly included in scope of work.
Review Contractor Submittals & Shop Drawings and Respond to RFIs is based on a construction duration of 25 months (~105 weeks). We assume the bulk of construction is completed in 52 weeks. We have budgeted 420 hours to review the civil related contractor submittals and shop drawings, and to respond to Requests for Information (RFIs) during construction of the project, including site visits as required to address the issue raised by the RFI. This does not include time to review alternative design requests from the Contractor. If alternatives are proposed we will provide an estimate of our time to review the proposal for City review and approval. If duration exceeds what is stated in contract with the City, a contract amendment will be required.
Civil will perform one update of the construction drawing package to incorporate redlined as-built markups from the construction contractor and submit this package to the City.
The following items are explicitly excluded from from the civil design scope:
- We assume that separate off-site plans are NOT required. - Site survey or staking.
- Photo-voltaics
- Certification via LEED, Envision, or any other rating system. - Anything else not explicitly included in scope of work.
If during the design and permitting process, the need for additional studies or analyses are identified that are not part of the original scope or the additional services listed herein, then a new proposal and contract amendment will be required. Additional tasks associated with the scope of work will be discussed prior to initiation as required. If there is an expansion of scope or major design changes, we will provide a proposal for the additional services requested.
Permitting includes Process Permit with City & Agencies, and Project Meetings (based on 4 week duration).
Value Engineering for Civil includes a budget of 60 hr to meet with the contractor and subcontractors to discuss value engineering options for the civil site improvements, and update the improvement plans as needed, within the stated budgeted hours, based on the outcome of the value engineering meetings. We assume that most value engineering issues will be resolved during the design process based on coordination with the project pre-construction general contractor and therefore we have not included budget for a wholesale re-design of the project. Value Engineering for Structural is included in "Preliminary Design Assistance" under 30% Construction Documents and is to be completed during that phase.
Civil Meetings During Bid Process is based on a budget of 90 hours.
The detailed CEQA studies to be performed by others are limited to those listed above. If the City determines that additional or expanded detailed CEQA studies, or a detailed CEQA document, such as an IS-MND, are required, then a new proposal and contract amendment will be required.
Preparation of 30% Construction Plans includes Preparation of Plans, Final Internal Review, Final Revisions, Submittal to City, and Project Meetings (based on 8 week duration).
Preparation of 60% Construction Plans includes Review City's Comments on 30%, Clarify City's Comments on 30%, Preparation of 60% Plans and Technical Specifications, Civil Layout of EV Charging Stations, Final Internal Review, Final Revisions, Submittal to City, and Project Meetings (based on 13 week duration).
Added Storm Water Management scope includes contract document scope required to accommodate WQMP & SWPPP.
Preparation of 90% Construction Plans includes Review City's Comments on 60%, Clarify City's Comments on 60%, Preparation of 90% Plans and Contract Documents (Technical Specifications & Bid Sheets), Civil Layout of EV Charging Stations, Final Internal Review, Final Revisions, Submittal to City, and Project Meetings (based on 8 week duration).
Preparation of 100% Construction Plans includes Review City's Comments on 90%, Clarify City's Comments on 90%, Preparation of 100% Plans and Technical Specifications.
Park Grant & Regional Park Planning Work Completed Previously based on City Direction Additional fees listed above are based on structural engineering design and Changes in Project Scope from the Original Concept, as summarized below and described in detail in the attached Additional Services Proposals (ASPs):
Proposed Additional Services for Changed/Increased Scope from April 2025 to January 2026, including structural design.
Proposed Additional Services to Collaborate with Accenture to Refine Cost Estimate and Coordinate with City to Adjust Project Scope to Reduce Costs and Present to City Council.
Civil Engineering Landscape & Irrigation Grand Total (Civil + Landscape)
616
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
Contract No. C43900
This Agreement is made and entered into this 1sr DAY OF SEPTEMBER, 2022, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California ("City") and INTERWEST CONSULTING GROUP, INC., A SAFEBUILT COMPANY, a CORPORATION, with its principal place of business at 24 SOUTH D STREET, SUITE 100, PERRIS, CA 92570 ("Consultant"). City and Consultant 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:
PLANNING AND DESIGN OF NORTH SPHERE REGIONAL PARK
(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 SEPTEMBER 1, 2022 to JUNE 30, 2027, 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 three (3) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and 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 Exhibit "A"
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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: JOE INDRAWAN, PRINCIPAL-IN-CHARGE.
3.2.5 City's Representative. The City hereby designates RANDY CHAVEZ, 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 JOE INDRAWAN, PRINCIPAL-IN-CHARGE, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the 618
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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 non-performing 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 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 619
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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, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted .
3.2.10.3 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 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, nonowned 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 620
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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:
(F)
(G)
3.2.11.2 (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.
RESERVED
RESERVED
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.
(8) 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 621
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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 selfinsurance shall be called upon to protect it as a named insured. (D) City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced , City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may 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 622
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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 cross-liability 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. (0 ) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the requ ired 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 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 623
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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. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE MILLION TWO HUNDRED ONE THOUSAND TWO HUNDRED SIXTY DOLLARS ($1,201,260.00) 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 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.4 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 624
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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 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 625
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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.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
City:
INTERWEST CONSULTING GROUP, INC.
24 SOUTH D STREET, SUITE 100
PERRIS, CA 92570
ATTN: JOE INDRAWAN, PRINCIPAL-IN-CHARGE
City of Palm Desert
73-51 O Fred Waring Drive
Palm Desert, CA 92260
ATTN: RANDY CHAVEZ, COMMUNITY SERVICES
MANAGER
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 reta in or fail to provide to City any such documents pending resolution of 626
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the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by 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 627
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Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, 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.
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.
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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 work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, 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.
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 629
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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
ATTEST:
By:
INTERWEST CONSULTING GROUP, INC.
A SAFE BUILT COMPANY
Its: BOARD CHAIRMAN
Printed Name: BRAD MUNDT
Its: VICE PRESIDENT
Printed Name: ELIZABETH BURKE
QC:MN
lnsurancelD:
631
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Galifo:11 ia Co lo r-ci do
County of L.o.->--, .....,..._ e.A
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On ~ J3 , ~ c}-beforeme, Mi~e.JJe A--,l.._c.r-;, -E::xt>CJJ>ve_,/hrlJ./~)- (i nsert name and title of the officer)
personally appeared E,~ jr-µ-cJ--J-. l:5oa..A d Cl-..~ ..-r--y,a__;-. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
\4/'\ _,. /]
Signature _/V__,;;.J_CJ-!<___ ___ .....:::.,~-------
j (Seal)
- - - - - - - - - - - 1
MICHELLE ANNE AIKEN ' 1
NOTARY PUBLIC - STATE OF COLORADO : 1 NOTARY 10 20214002066 1 MY COMMISSION EXPIRES JAN 15, 2025 ~ I ~
632
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of 0alife1 ~ CD /d r--otdo
County of l-Gt.....>-7 ;_,,_,,~
On ~ bet- ) 3 . a-o 4"-dBefore me /VJ; d,e./)-e_ A j_°':> fy_e LJt h ~ ~<.f' 1 '<d- (insert name and title of the officer)
personally appeared £..J r::LD-~ Bu rl-e_ \/ f=>
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur~
~
(Seal)
- - -- - -- - - -- - - - I
1 MICHELLE ANNE AIKEN •
I NOTARY PUBLIC - STATE OF COLORADO •
1 NOTARY 10 20214002066 ►
1 MY COMMISSION EXPIRES JAN 15, 2025 ►
t
- - - - -- - - - - - -
633
EXHIBIT "A"
SCOPE OF SERVICES
Contract No. C43900
NORTH SPHERE REGIONAL PARK PLANNING & DESIGN - SCOPE OF WORK
1. GENERAL SCOPE OF WORK
The City of Palm Desert is seeking to partner with a design firm to create a conceptual design for North Sphere Regional Park (Park), a world-class outdoor facility to be located in north Palm Desert. Several new communities in the area are currently in varying stages of development.
The Park was incorporated into the City's Millennium Specific Plan to provide residents of the development with outdoor recreational opportunities. The need for a regional park in this area is also designated by the City of Palm Desert General Plan.
The City intends to create a park that will be frequented and enjoyed by locals and visitors alike.
To accomplish this task, a design firm will be contracted to develop and execute a public engagement plan to understand the community needs for the facility. Periodically throughout the project, the Consultant will provide reports to the City summarizing progress including public engagement methods, events, and outcomes. The Consultant will receive and analyze this input to create a data-driven Park design. The City hopes this will create a park that meets the established community needs and is welcoming, inviting, and enjoyable for a variety of users.
In addition, the Consultant will develop a Park Management Plan for facilities included in the design to ensure this new facility will be maintained to the City's level of excellence for years to come.
The City anticipates completion of Tasks I thru 111 of this scope of work within 12 - 15 months of project start. There will likely be an interval of time between completion of Task Ill and commencement of Task IV. Task IV is anticipated to require approximately 24 months. The project will be completed by accomplishing four (4) tasks as follows:
• Task I - Public Engagement
• Task II - Preliminary Design Planning and Conceptual Design • Task Ill - Construction Documents
• Task IV - Bidding and Construction Support
The final deliverables for the project include:
• Public Engagement Plan
• Public Engagement Report, including presentations to the City's Parks and Recreation Commission and City Council
• North Sphere Park Conceptual Design Plan, including preliminary cost estimate • Supplemental environmental studies:
o Photovoltaic Study Addendum
o Air Quality Study Addendum
o Noise Addendum
Exhibit "A"
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• Construction documents, reviewed and approved by City of Palm Desert Building and Safety plan check
• Construction Cost Estimate and Construction Management and Inspection Cost Estimate, including iterations based on varying designs and features • Flyover simulations showing proposed Park design and features • Park Management Plan
• Final City Council presentation
Any modifications proposed to this solicitation are welcome provided they are innovative, advanced, and well thought out methodologies and shall be identified as optional and priced out separately in the sealed fee proposal.
2. STANDARDS OF SERVICE AND QUALITY
The selected Consultant for this project will demonstrate a level of service and quality expected of a world-class municipality.
2.1 Expertise and Knowledgeability
2.2 The Consultant will provide professional engineering and design staff capable of completing this scope of work to the specifications of the City. The Consultant shall provide additional concepts and design principles based on experience. Previous expertise in the following areas is required (please provide references):
• Civil Engineering
• Geotechnical Engineering
• Architectural design
• Landscape architecture
• Sports facility design
• Public engagement
• Hydrology and Stormwater retention design
• Mechanical, Electrical and Plumbing, including LEED building design • Grant-writing
The following professionals, through either direct affiliation or subcontractor services, shall be retained as part of the Consultant's team:
• Civil Engineer
• Geotechnical Engineer
• Architect
• Landscape Architect
• Structural Engineer
• Mechanical Engineer
• Electrical Engineer
• Plumbing Consultant
• Energy Consultant
• Public Relations Consultant
Quality of Project Deliverables
Exhibit "A"
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The City of Palm Desert requests proposals from firms capable of delivering the highest quality design and construction planning services available. Proposers should convey the caliber of their work through examples, including photographs or drawings where available. Unique experience and characteristics of the firm should be included to demonstrate ingenuity, however a strong understanding of the City of Palm Desert's goals for quality of life of its residents is a priority. Deliverables for this project should demonstrate the investment in data analysis and research for the project. Plans will be comprehensive and thorough, and presentations will include color drawings and renderings. Materials boards will be included where applicable.
3. SERVICES TO BE PERFORMED
The Consultant will perform the following services in coordination with the City of Palm Desert Staff, the Parks and Recreation Commission, and the City Council.
TASK I - PUBLIC ENGAGEMENT
3.1 Project Initiation
3.2 In addition to necessary technical-focused meetings with City and utility owners, which may or may not need to be in person, the Consultant shall make provisions to conduct an in-person kick-of meeting; monthly in- person progress meetings with City; public involvement meetings as proposed in this scope of work; and one each in-person construction pre-bid and pre-construction meetings.
• Consultant 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 relevant technical documents that have been developed for the site, including a topographic survey including boundaries, utilities, easements, etc.
• City staff will provide a budget range for the construction of the final Park design. The Consultant will ensure all Park 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.
Review and Data Gathering
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.
Exhibit "A"
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3.3 Contract No. C43900
Public Engagement Plan
The Consultant will develop and execute a Public Engagement Plan to understand the community needs for the Park. The Public Engagement Plan will be reviewed and approved for content and accuracy by City staff prior to execution. •
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The Public Engagement Plan will be modeled after the Institute for Local Government TIERS Public Engagement Framework (https://www.cailg.org/tiers-public-engagement-framework) The City of Palm Desert's website https://www.engagepalmdesert.com/ will be incorporated, where possible
The Consultant will plan and attend a meeting with City staff and Parks and Recreation Commission to collect information for the Public Engagement Plan .
The Consultant will attend, present updates, and receive input at monthly Parks and Recreation Commission and Sub-Committee meetings for the duration of the contract term.
The Consultant will incorporate at least two (2) stakeholder meetings and at least two (2) community engagement meetings prior to and during the Park design process. The initial public meetings will be focused on information gathering, in which the project team will be introduced to the community to express ideas for Park 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 Park design will be sought for incorporation into conceptual design options to be presented at subsequent meetings.
During secondary meetings, at least three (3) Park design and configuration options will be developed and presented during at least one (1) stakeholder meeting and one (1) community engagement meeting. This functional presentation of ideas will serve to receive and document feedback on actual Park layouts and features.
The Consultant 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.
Initial Park design considerations will include but are not limited to facilities and features such as:
o Adequate off-street parking
o Onsite wayfinding signage and off-site signage directing residents and visitors to the park
o On-site and off-site active transportation elements (hardscape, sidewalks, bike racks, bike fix-it stations, bike paths) o Connections, both vehicular and pedestrian, to adjacent developments o Trash facilities
o Lighting design
o Restrooms
o Shade
o Picnic facilities
o Drinking fountains
o Electric vehicle charging stations
Exhibit "A"
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3.4 Contract No. C43900
o Community center
o Youth playground facilities
o Aquatic center
o Sports facilities
o Pickleball courts
o Exercise equipment
o Splash pads
o Public art
o Botanical and/or community gardens
• Community engagement shall include obtaining input and/or feedback on potential Park names in accordance with City of Palm Desert Resolution No. 2015-33, A Resolution of the City Council of the City of Palm Desert, California, Establishing a Parks & Facilities Naming Policy for the City of Palm Desert.
Public Engagement Report
The Consultant will provide a report to the City summarizing public engagement methods, events, and outcomes.
•
•
Consultant 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 three (3) design options will be data-driven to varying extents. This information will be included in the presentation of each design option.
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.
TASK II- PRELIMINARY DESIGN PLANNING AND CONCEPTUAL DESIGN
3.5 Final North Sphere Regional Park Conceptual Design Plan The Consultant will provide a Conceptual Design Plan consisting of renderings of the Park features that meets 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 Park 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 regional park facilities and related amenities in the Coachella Valley.
• Any buildings proposed based upon public engagement and coordination with City staff will include presentation of the architectural concepts for the layout and character of the proposed Park structures. 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 labeled to identify building materials. The City anticipates that, at a minimum, restrooms and snack bar facilities will be included in the proposed Park structures. A recreation office and childcare facility are additional buildings Exhibit "A"
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which must be considered.
• A Mitigated Negative Declaration has been completed for the Millennium Specific Plan, of which the proposed Park is a component. The requirements specified by the Mitigated Negative Declaration for the Millennium Specific Plan will be incorporated to provide mitigation measures where applicable. • The Consultant will review all existing background technical reports for the site, including hydrology and drainage. Plans will include long term stormwater retention needs for the North Sphere region. Detention basins will be included in the Park plans as needed.
• 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 is anticipated to be presented at a City Council meeting within six (6) months from the contract start date.
3.6 Preliminary Cost Estimate and Timeline
The final Conceptual Design Plan will include construction cost estimates that are within the City's budget range, as specified during the project initiation phase. Cost estimates for construction of the project, as well as construction management and inspection are deliverables for this project. Several variations of these estimates should be presented based on different potential Park designs and features. A timeline for the implementation of the Conceptual Design Plan will be included. • The Consultant will assemble cost data and prepare an initial project cost estimate at the completion of the conceptual design phase. 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. • The proposed timeline will serve as a "road map" for the construction of the Park. This will include a breakdown of the phases of construction and an estimated cost associated with each phase.
TASK Ill - CONSTRUCTION DOCUMENTS
3.7 Preparation of Construction Documents
The Consultant 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). This includes coordinating and finalizing formatting of construction and architectural documents that are required in the City Architectural Review Application. The Consultant will also coordinate with the City's Building and Safety Division regarding building components for the project. One set of 24" x 36" plans to scale shall be submitted as well as by email in PDF electronic file format, plotted at the appropriate sheet size and scale. A red line hard copy of the City's plan check review comments will be returned to the Consultant. Two (2) plan check reviews are anticipated prior to the submittal of the final product. The final submittal shall include: one (1) USB drive containing digital a set of the alignment formatted for 24" x 36" bond sheets and 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. • Topographic Survey
Exhibit "A"
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• Grading and drainage plan
• Architectural Site Plan including ADA Path of Travel
• CalGreen Compliance Specifications
• Floor Plans for any facilities, including both Shell and Tenant Improvements, and structural engineering (ceiling , door/window, roofing, foundation framing , finishes etc.)
• Site lighting plans
• Photometric plans
• Building lighting plans
• Title 24 energy calculations
• Utility plans (water, Air Conditioning, plumbing, and power) • Landscaping plans (landscape, hardscape, irrigation, landscape lighting)
3.8 Supplemental Addenda to the Millennium Specific Plan Mitigated Negative Declaration The Millennium Specific Plan is a 152-acre mixed-use development located on lands bounded by Gerald Ford Drive on the south, Technology Drive on the east, Portola Road on the west, and lnterstate-10/Union Pacific Railroad to the north in the City of Palm Desert. The proposed North Sphere Regional Park is located within this planning area. A Mitigated Negative Declaration was submitted for this project, for which an expanse of environmental studies and analysis was performed. As more specific land uses and facilities are designed for the Park, there will be a need to supplement these environmental documents in the following areas:
• Lighting: The Consultant will consider the need for adequate lighting in the Park while also protecting the privacy and minimizing disturbance to adjacent planned communities. A photovoltaic study will be required to ensure the optimization of lighting placement in the Park, especially considering potential sports fields and stadium lighting.
• Air Quality: Due to the Park's proximity to lnterstate-10 and Union Pacific Railroad. There is a need to design barriers to air pollution at the Park. The Consultant will conduct an air quality study to determine the most appropriate mitigation measure, and the extent to which the mitigation is effective in protecting air quality for Park users.
• Noise: The Park location is near both a major transportation corridor and residential neighborhoods. A noise study will be required to balance the need for a calm atmosphere within the Park, and mitigation of noise to residents during potential sporting activities or other events.
3.9 Park Management Plan
The Consultant will develop a Park Management Plan which includes water management, electrical/lighting, landscape, and facility upkeep, including timelines, to adequately maintain Park facilities included in the final design. • The Park Management Plan will include the ongoing maintenance of mitigation measures identified in the Mitigated Negative Declaration for the Millennium Specific Plan.
• The Consultant will coordinate with City Public Works Department to convey information about the management tasks related to the Park design.
TASK IV - BIDDING AND CONSTRUCTION SUPPORT
Exhibit "A"
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Contract No. C43900
While the City anticipates completion of Tasks I thru Ill 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 Ill and commencement of Task IV. To accommodate this time frame, the agreement for this project has been drafted with a five-year term, including the option to renew the agreement automatically for no more than three (3) additional one-year terms. Task IV is anticipated to require approximately 24 months.
3.10 Bidding
The Consultant 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 plan rooms and contractors.
The Consultant 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 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 and issued by City, or by a covering change order after the award to the construction contract.
The Consultant shall attend the pre-bid and pre-construction meetings upon notification by City. During construction and if authorized by City, the Consultant shall furnish all necessary drawings for corrections, requests for information (RFI) and change orders required by errors and omissions of the Consultant. The original tracing(s) of the drawings and contract wording for change orders shall be submitted to City for duplication and distribution. The Consultant may be assigned by City to review and approve submittals and shop plan drawings submitted by the construction contractor.
3.11 Construction Support
City will serve as the contract manager and direct liaison between the Consultant and other city agencies and peer agencies.
The Consultant 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 sub-contractors, and preparing all exhibits and presentations for City to submit to City Council, peer agencies and public meetings (as applicable).
Exhibit "A"
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Contract No. C43900
4. NON-CONTRACTUAL SERVICES
Services not described in this scope of work may be discovered during the project period. Upon written approval from the City as described below, the Consultant will provide services beyond the work identified above. On such occasions, the following criteria will be followed:
4.1 Non-contractual services will not be initiated without a contract amendment approved by the City of Palm Desert.
4.2 Labor will be billed per the hourly rates indicated in the Consultant's proposal.
4.3 Non-contractual services may include but are not limited to:
• Addition of new tasks
• Increasing the work effort of the services as requested by the City • Contributing to grant application development and submittal
5. SCHEDULE
Upon notice to proceed, the Consultant will be able to complete Tasks I thru Ill of this Scope of Work (excluding additional services) within 12 - 15 months of project start. Estimated milestones include delivery of the Public Engagement Report within three (3) months of the contract start date, and delivery of the final Conceptual Design Plan within six (6) months of the contract start date.
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 111 and commencement of Task IV. To accommodate this time frame, the agreement for this project has been drafted with a five-year term, including the option to renew the agreement automatically for no more than three (3) additional one-year terms. Task IV is anticipated to require approximately 24 months.
The City's expectation is that the satisfactory completion of this project remains a high priority for the Consultant for the duration of the agreement term.
Exhibit "A"
642
Contract No. C43900
ADDENDUM
NORTH SPHERE REGIONAL PARK PLANNING & DESIGN - SCOPE OF WORK
1. GENERAL SCOPE OF WORK
Changes to the General Scope of Work includes the addition of a component to the public engagement process. This new component will include selection of the future park site. In addition to the planned Millennium Park site, the City may offer a separate site to be utilized either in addition to, in conjunction with or in lieu of the Millennium site. The decision to utilize one, the other, or both of these sites must be the subject of community outreach from property owners and homeowners associations (HOAs) within the north sphere.
With this change, initial studies for the park site may need to be augmented beyond those specified in the original Scope of Work. The Millennium Specific Plan included some limited environmental studies that may be used to inform park planning. Such studies do not yet exist for the new site option. Environmental studies needed for this project will be determined after the park site(s) has/have been established, and the park amenities are planned. The Consultant's proposal will provide hourly rates for professionals to complete these studies on a time and materials basis.
2. STANDARDS OF SERVICE AND QUALITY
No changes are proposed to the Standards of Service and Quality.
3. SERVICES TO BE PERFORMED
The Consultant's proposal will incorporate the following changes to the services to be performed under this Scope of Work:
TASK I - PUBLIC ENGAGEMENT
3.1 Project Initiation
City staff will provide information about the new site option, including acreage, location, and any other applicable information.
3.2 Review and Data Gathering
The Consultant Project Team will familiarize themselves with existing conditions and adjacent land uses for each site to be considered. This 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 conduct site visits and perform field investigations to familiarize themselves with the conditions of the potential project site(s).
3.3 Public Engagement Plan
The Consultant will develop and execute a Public Engagement Plan to decide the Park location(s) and understand the community needs for the Park. Public engagement on the conceptual design will begin once the Park site(s) is/are established.
3.4 Public Engagement Report
The Public Engagement Report is anticipated to be presented at a City Council meeting approximately six (6) months from the contract start date. This report will provide the planned Park location(s) and a list of amenities that are needed based on a detailed 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.
Exhibit "A"
643
Contract No. C43900
TASK 11- PRELIMINARY DESIGN PLANNING AND CONCEPTUAL DESIGN
3.5 Final North Sphere Regional Park Conceptual Design Plan
3.6 No changes are proposed to the Final North Sphere Regional Park Conceptual Design Plan section.
Preliminary Cost Estimate and Timeline
No changes are proposed to the Preliminary Cost Estimate and Timeline section.
TASK Ill - CONSTRUCTION DOCUMENTS
3. 7 Preparation of Construction Documents
3.8 3.9
No changes are proposed to the Preparation of Construction Documents section.
Supplemental Addenda to the Millennium Specific Plan Mitigated Negative Declaration The Supplemental Addenda to the Millennium Specific Plan Mitigated Negative Declaration section will be renamed to New and Supplemental Environmental Studies.
This includes performing environmental studies which are either new or supplemental to previously conducted studies. Should a separate site from that indicated in the Millennium Specific Plan be selected as a park development, the City anticipates additional environmental studies will be necessary. These studies include noise, traffic, air quality, biological, and stormwater/drainage. The Consultant proposal will provide cost estimates, including hourly rates for professionals to complete these studies on time and materials basis.
Park Management Plan
The Park Management Plan will include all site(s) developed under this Scope of Work.
TASK IV- BIDDING AND CONSTRUCTION SUPPORT
While the City anticipates completion of Tasks I thru Ill of this scope of work within 15 - 18 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 Ill and commencement of Task IV. To accommodate this time frame, the agreement for this project has been drafted with a five-year term, including the option to renew the agreement automatically for no more than three (3) additional one-year terms. Task IV is anticipated to require approximately 30 months.
4. NON-CONTRACTUAL SERVICES
No Changes are proposed to the Non-Contractual Services section.
5. SCHEDULE
Upon notice to proceed, the Consultant will be able to complete Tasks I thru Ill of this Scope of Work (excluding additional services) within 15 - 18 months of project start. Estimated milestones include delivery of the Public Engagement Report within six (6) months of the contract start date, and delivery of the final Conceptual Design Plan within nine (9) months of the contract start date. Task IV is anticipated to require approximately 30 months.
Exhibit "A"
644
EXHIBIT "B"
SCHEDULE OF SERVICES
The term of this Agreement shall be from SEPTEMBER 1, 2022 to JUNE 30, 2027, 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 three (3) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
Exhibit "B"
645
EXHIBIT "C"
COMPENSATION
[SEE A TT ACHED AMENDED FEE SCHEDULE]
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, Los Angeles-Riverside-Orange Counties.
Exhibit "C"
646
Senior Lancb cape Architect (IW)
Senior Landsupe Atchttect lCGA)
Landsape Architect {CGA)
Lan<Mape Oesigl"lef/Techniclan (CGA)
Project Manaaer (IW)
Traffic E.nslneer (IW)
Senior En1in-«1r (IW)
Enalneerina Auodate Ill (IW)
Enalneerin1 Technician Ill (IW)
Senior £n1.ln~er QA/QC. (CGAI
.
Engineerlna Msociate m (CGA)
Englneerin1 Technician Ill (CGA)
En1ineertn1 Associate Ill (CGA)
Engi~@rin1 Technkl1n Ill (CGAJ
Geotechnical Enalneer IIWI
Land Surveyor (IWI
Sub-i.urfac.e Utllttv Enalneffina (IW)
Cost Estimator (CGA)
Envl1onmental OW)
Auod ate, Cons1ructlon QA/QC (CGA)
.· .,
Standard
Rate
205.00
160.00
145.00
145.00
120.00
11 5.00
s 190.00
s 185.00
s 175.00
s 145.00
s 11 5.00
s 175.00
145.00
115.00
145.00
115.00
36 52
12 6
8 12
8 16
4 165.00 24
Total by Task
7.380.00
8 320.00
s 870.00
1.740.00
960.00
$ 1.1 40.00
$ 1,480.00
s 2,100.00
s 1,160.00
s
s 2 800.00
580.00
1.160.00
3 960.00
Preliminary lnvestl&ations/
Data Collection
Ph11se
24 16
32 24
8 8
16 32
16 20
$
s
$
$
s
s
4.920.00
2.560.00
1.160.00
1,160.00
3,840.00
2,760.00
1,520.00
1,480.00
2,800.00
4,64000
2,320.00
2,300.00
1,160.00
920.00
19.180.00
38,300.00
35,000.00
30.000.00
75,000.00
TASKI
(Public Ensasement)
30 6.150.00
250 40.000.00
60 s 8,700.00
144 20,880.00
96 11 .520.00
148 17,020.00
40 s 7.60000
20 3,700 00
40 7,00000
s
s
s
Profoct Man.pment, QNQC, •nd General Svcs,
TASKII TASKIII
{Prellm Design and Conceptual Design) (Construction Documents) Conceptual Design
Iterations during the Publk
Engasement Process
45 7.200.00
45 s 6,525.00
60 K.7(JO.OO
60 7,200 00
:!10 24.150.()()
l l $ l .:?R0.011
18 3,310.00
ll 2. IOOOtl
s 9 s 1,035.00
s
12 s 1,740.UO
$
Final Conceptua l Designs
once Final Primary &
Secondary Park
Sites/Components are
Identified
32 6.560.00
52 8.320.00
60 $ 8.700.00
128 IR.560.00
360 43,200.00
380 43.700.00
24 s 4,560.00
32 5,920.00
40 s 7.000.00
60 s 8,700.00
30 s 3.450.00
s
12 1,740.00
24 J,480.00
56 s 6,440.00
Construction Bid
Documents and
Specifications for Primary
Selected Site
48 9,840.00
72 11.520.00
80 11.600.00
285 41,325.00
450 54.000.00
S40 62.100.00
40 $ 7,600.00
90 s 16.650.00
150 s 26.250.00
225 s 32,625.00
315 s 36.115.00
45 s 7 875.00
KO 11,()(WlOO
50 7.250.00
130 14.950.00
3°"Schematic
COnstruchon Feasibility
Plans for Secondary
Selected Sne
16 s J.180 00
24 J 840.00
16 .s S~20.00
95 IJ.77~ 00
150 18.UOO 00
181 .:~ :n 11soo
16 _\ 1,0400(1
I~ 1 no oo 20 u oooo -Ill ~.kOO OU
0 9.200 00
16 ' 6 '1XIO(I
24 ,s 1 4SO.OCI
18 :?.610.00
42 \ 4.~J(I 00
1(, 5 940.00 24 1 960011
IIIMt.N
16 8
24 36
8 8
16 24
40 16
8 16
ADDENDUM TO FURNISHl!D FEE PROPOSAL
2012.01.29
TASKIV•A
(Bid Assistance,
5 months)
1,640.00
I 280.00
2,320.00
1,160.00
2,880.00
4,140.00
s t,520 00
s 1,480.00
s 2.800.00
s 3,480 00
s 4,600.00
s
1,160.00
1.840.00
1,160.00
1 840.00
TOTAL
TASK IV-8
(Construction Support,
25 months)
12 2,460.00
12 s 1.920.00
48 $ 6,960.00
24 s 3,480.00
144 s 17.280.00
96 s 11 ,040.00
24 s 4,560.00
12 s 2.110.00
24 s 4,200.00
36 s 5.220.00
48 s 5,520.00
s
24 3,480.00
12 1.380.00
24 J.480.00
36 4,140.00
1,201,260.00
647
• 1W
INTERWEST
A SAFEbuilf COMPANY
Tab D
Proposed Method to Accomplish the Work
72 648
City of Palm Desert, CA I RFP #744-23 I Planning and Design of North Sphere Regional Park
TECHNICAL AND MANAGEMENT APPROACH TO PROVIDING
SERVICES TO THE CITY
As an important component to the foundational phase of the project, our IW+CGA NSRP Design Team will conduct conversations and dialogue with key stakeholders and the public. These conversations will help us identify specific perspectives and points of view that need to be accounted for. This is such an important component of our process, particularly because both identified project sites are large and immediately impact many residents. We believe that honest, empathetic, and meaningful community participation will bring about equitable approaches to the project's ultimate design, and it will help to showcase commonalities among the population that can serve as the foundation for consensus-building and buy-in to ideas. For this primary reason we embrace this civic engagement component of the park design process that the City has identified, because it truly gives us an opportunity to understand how the public will use and benefit from the incorporation of design components and it is clearly aligned with our values as a design firm, where we are focused on ensuring that design solutions are born of and represent the needs of the commun ity and not imposed upon them. Another key component that is achievable through the public engagement process is to inspire the community with aspirational goals that everyone can get behind, especially in an era where the public can be hyper-focused on what differentiates them versus what they have in common. Our embracement of the civic engagement is further supported by our view that our role is akin to that of mediators and active listeners, ultimately translating the public's aspirations and desires into design solutions that can be implementable.
INTEGRATED PUBLIC ENGAGEMENT AND OUTREACH APPROACH
Definition and Context
The City of Palm Desert will be embarking on a major initiative to create a dynamic new regional park at two potential locations that will serve as new additions that will augment services accessible to the City's residents and visitors. This effort will include the construction of dynamic public spaces and could potentially include new surface street connections, greatly improved pedestrian access, enhanced habitats, and a robust and innovative park programming.
These additions to the City will be implemented through potentially two closely coordinated projects on two separate sites: within the Millennium Specific Plan area (approximately 27 acres) and an alternate site located just south with frontage on Frank Sinatra Drive (approximately 34 acres). The project will supplement services already being provided by the City and will provide the foundation, framework, and structural support for new public spaces for future, planned development, serving the entire City and region.
We understand that the City of Palm Desert aims to set a new standard for innovative and robust public engagement with these projects. The projects will work in partnership with each other; subject to local, state, and federal agencies; with project stakeholder's input, including those of civic, community, and business leaders.
These partnerships will play a key role in ensuring that all Palm Desert residents are aware of the projects and have a direct opportunity to help shape them .
Providing the public with a clear message about the "big p icture" of what opportunities lie in these new parks and how the two projects may contribute to the City is critical. We understand that both City projects are important steps in the continued effort of the City to extend public space, passive activities and active uses offerings to her residents and visitors. Therefore, the design and public outreach for the two projects w ill be closely coordinated to eliminate potential conflicts and to appropriately direct public input.
INTERWEST
A SAFEbuilt" COMPANY
Ca lvin, Giordano & Associates. Inc . A SAFEbuitt co,.tp,t.NY 64973
City of Palm Desert, CA I RFP #744-23 I Planning and Design of North Sphere Regional Park To that effect, we will approach the public and stakeholders with an integrated approach to public engagement and outreach for the two projects, describing the key elements and phases of that work, and beginning to identify how success can be measured. With this approach we should be:
• Highlighting the unique opportunity ahead to create a great and amazing public space; • Setting a benchmark for transparent project planning and delivery; and • Reducing misinformation.
Shared Outreach and Engagement Goals
Our approach to public engagement and outreach needs to be outcome driven . This is an important criterion to ensure that goals are established and that their achievement and implementation are guided by a clear action plan and are measurable. These goals, ultimately, will be arrived at during the project via a collaboration between the IW+CGA NSRP Design Team, City Staff, Key Stakeholders, and the Residents. While the list of goals will be defined through an engagement process, its important have a base start of commonly acceptable goals that can serve as the basis for consensus-building. These universal goals will serve as 'home base', if conflicts or disagreements happen between parties, as they will set the overall tone for the engagement and outreach processes and discussions.
We are taking the liberty to respectfully suggest some universal goals as follows, with the full understanding that once under contract, these will be further tailored and modified accordingly to appeal to the nuances that define the Palm Desert ethos and any unique issues/considerations the City is confronting:
• Mobilize interest and establish positive momentum for the design process. Generate excitement for opportunities these projects afford to improve the natural environment and human experience. • Communicate Best Practices and Guiding Principles to good, safe, and valuable public space design and engage the public in using these to help develop innovative design solutions and ideas that can appeal to a wide audience.
• Articulate the relationship between the two projects in the context of a shared vision for the future, including potential connectivity between them for pedestrians and cyclists, thereby planting the seeds that these two parks could serve as the basis for a system of interconnected parks. • Meet and exceed public involvement regulations associated with environmental processes and permits for all projects. To that end, communicate necessary separation of projects. • Clearly articulate which components of each project are available for public influence and provide multiple opportunities and avenues to receive input.
• Embrace the diversity of perspectives and audiences by expanding our reach to include any under-represented populations and building bridges between differing opinions. • Foster partnerships to support the developing vision for the park(s) and generate enthusiasm for early implementation.
• Build support and trust for a design and construction process that may not be ever-present in the residents' day-to-day considerations through a paced approach to public outreach and engagement. Communicate the goals and key milestones of the process, share new information in a timely and relevant way, and keep a comprehensive record of how public input has shaped the process and outcomes. • Galvanize support for programm ing and use strategies through a broad-based understanding of the need for and results from this park planning effort.
Once engaged in the process of developing the specific Community Engagement and Outreach Plan for the project, the IW+CGA NSRP Design Team will work closely with the City to develop a cumulative process that will enable relationships and trust to build and strengthen over time between the various parties involved. Early in the process, the IW+CGA NSRP Design Team will partner with City Staff to establish a framework for developing the Community Engagement and Outreach Plan that will be adopted. To that effect, the IW+CGA NSRP Design Team
INTERWEST
A SAFEbuilt" COMPANY
In Calvin, Giordano & Associates. Inc . l!.11 A SAFEbu1lf ~ 65074
City of Palm Desert, CA I RFP #744-23 I Planning and Design of North Sphere Regional Park will lean heavily on City Staff to assess and arrive at responses to the following questions:
• What level of participation is hoped to be achieved?
• Who are the known key stakeholders, and how does the Team go about identifying key stakeholders? • What communications mechanisms does the City want to employ? • What data resources are readily available to the IW+CGA NSRP Design Team, and what essential additional resources are needed to be collected before the public engagement and outreach formally commences? • Are there any limitations to the project or engagement process that need to be accounted for? • How does the City wish to define 'timely' feedback and 'timely' resolution of next steps? • What methods would the City prefer to exercise during the engagement events and for outreach efforts? The answers to these questions will be incorporated into a framework of understanding that the IW+CGA NSRP Design Team will use as a basis to strategize the details of the Community Engagement and Outreach Plan . Built upon our experience, strategies for soliciting feedback will conform to one of two general 'buckets' of activities:
outreach vs engagement. Our way of defining these and recognizing their tangible benefits include:
Public Outreach
Definition Techniques, systems, and tools used to
inform and share information
Timing Best used when raising awareness is the
desired outcome
Value Extends the knowledge base of the
projects' purposes and opportunities to a
broad audience
Intended No surprises; provides broad understanding
Outcomes of projects' information (at any stage) and
decision process
Examples of
Methods
• Print resources (brochures, posters, etc.)
• E-newsletters/Emails
• Multi-media website(s) and online
exploration tools
• General social media updates
• Media releases/coordination
• Advertising (print/online)
• Displays at area events and booths at
Public Engagement
Techniques, systems, and tools used to
gather input and feedback
Best used when two-way communication is
the desired outcome
Broadens group of people who are "in
the know" about the projects, extending
participation in decision making
Provides improved, sustainable decisionmaking for the projects through incorporation of public desires, issues, and
needs into the projects' processes, designs,
and construction.
• Parks and Recreation Committee
meetings
• Stakeholders Group meetings; Public
workshops/meetings
• Major public events/celebrations
• Formal briefings to elected bodies
• Stakeholder/public briefings or
roundtables
strategic locations • Planning outreach liaisons
INTERWEST
A SAFEbuilf COMPANY
• Physical presence/kiosk/office in project • Project tours area
• "Place-based" outreach to traditionally
under-represented populations
• Videos
11 Calvin. Giordano & Assoc iates. Inc . A SAFEbull( COMPANY • Online questionnaires/surveys; Social
media-posted questions
• Event booths (fairs and festivals)
Telephone hotline
75 651
652
City of Palm Desert, CA I RFP #744-23 I Plann ing and Design of North Sphere Regional Park Defining and Connecting with the Appropriate Audiences
Identifying the correct and appropriate audiences for the engagement process is critical ly important. The projects have many audiences to consider in the community outreach and engagement process: those who will live, work, and play near the identified project sites, as well as potential new stakeholders from that are moving in or that are from around other areas of the City. These new stakeholders may include "hard-to-reach" populations and those who have not participated to date in the previous public involvement efforts related other efforts the City has attempted to engage the commun ity w ith . Some of these aud iences may include, but not be limited to, some of the following: we will need the expertise of City Staff to fine-tune and finalize this list. • Advisory groups
• Arts community
• Business community and major employers
• City boards and comm issions
• City of Palm Desert departments
• Design community
• Educational institutions (organizational leadership as well as visitors of all ages) • Elected officials
• Environmental groups
• Fire, pol ice, and other emergency responders
• General public and future users of the new parks (not living or working in the area) • Local, state, and federal agencies
• Media
• Neighborhood and community groups (including the many surrounding Home-Owners Associations) • Owners of nearby construction projects (public and private) • Parks maintenance and recreation management interests • Potential project funding partners
• Residential commun ity (local ized)
• Social service providers
• Tourism interests
• Tradit ionally under-represented populations
• Youth/schools
An important component to the Community Engagement and Outreach Plan that will develop is to ensure equ ity and inclusiveness in the process. As such, it will be important to identify and define any potential barrier to engagement so that they can be considered in the planning of the process. Potential barriers may include:
• The capacity and ability of d ifferent stakeholders to participate • 'Hard to reach' groups, such as young participants, the elderly, minority groups or socially excluded groups • Levels of community infrastructure
• Contested or divided commun ities
• Gaps in information
• Language and literacy to access and comprehend outreach materials Some of these barriers will require special attention and strateg ies to facilitate that everyone targeted has a voice in the process. Overall, as we design the publ ic engagement and outreach strategies, we will consider:
• What are the appropriate techn iques and methods to be used given the nature of the park planning exercise? • Are there needs for any independent facilitation?
• What are the best-suited locations and venues for conducting the engagement efforts? • What are the number and type of engagement events that the City desires? • What are the transport requirements, particularly for 'hard to reach' populations?
INTERWEST
A SAFEbullf COMPANY
li!I Calvin, Giordano & Associates. Inc . L,.11 A SAFEbullt COMPANY 77 653
City of Palm Desert, CA I RFP #744-23 I Pla nning and Design of North Sphere Reg ional Park • What are the childcare needs to facilitate participation? • What is the format and content of communication and published materials? • Is there a need for interpreters
The IW+CGA NSRP Design Team will partner with the City to develop a unique and specific array of engagement events and opportunities to solicit feedback from the public. These strategies will be built upon and carefully selected with the understanding that there is no silver bullet to a well-designed engagement and outreach process and that there is no such thing as 'a best' strategy. Every method for reaching out to the community has its strengths and weakness. As such, the overall strategy needs to account for the inherent limitations that each method has. Based on our experience, we have found the following characteristics and qualities to be consistently present in each of the following methods:
Community Surveys
Questionnaire surveys can be undertaken to identify the needs and views of a large number of people in a standard format. The main stages involved are:
• Defining the sample size and the type of information required; • Deciding on the type of survey to be used (postal, drop and collect, telephone or interview); • Survey design;
• Piloting the survey;
• Underta~ngthesurve~and
• Post-completion analysis of the results.
It is often best to use a short and concise questionnaire where people's views on an issue are being sought. Increasingly email and SMS (text) are being used to provide a variety of ways for people to engage. These work best when a small number of questions are used and when views on a specific proposal or issue are being sought.
STRENGTHS WEAKNESSES
• Can gain the views of a large number of
people
• Need to be well designed and worded to
get 'usable' answers
• Useful for obtaining quantitative data In
principle data can be compared over time
or with results from elsewhere
• Useful for identifying and evidencing need
INTERWEST
A SAFEbuilt" COMPANY ml Calvin, Giordano & Associates. Inc . A SAFEbuilf COMPANY • Large questionnaire surveys are time
consuming and labor intensive
• Information may be limited
• Do not offer any real sense of community
engagement or provide an opportunity for
people to exchange views
• Typical response rates are between 10-20%
65478
City of Palm Desert, CA I RFP #744-23 I Planning and Design of North Sphere Regional Pa rk Public Meetings
Public meetings can sometimes be the preferred method for our municipal clients, as they provide an opportunity to consult with large numbers of people at one time. Meetings can be organized to allow for small group discussion with oral feedback, as well. There are often opportunities for participants to set or influence the agenda and to ask questions. Our experience has demonstrated to us that small groups are an essential element of public meeting to conduct engagements in an effective manner.
STRENGTHS
• Captures a large number of participants, all
in one clean sweep
• Enables large numbers of people to have
their say
• Provides an opportunity to explain processes,
g ive information and gather feedback
• Demonstrates openness and transparency
• Can attract publicity or be used as a launch
event
• Enables participants to develop networks
with other stakeholders
WEAKNESSES
• Unlikely to be representative - not everyone
has the time or inclination to attend
• Attendance is often low unless people feel
personally affected or deeply concerned .
• Some people are likely to be inhibited from
speaking in a large group
• Traditional formats can limit audience
contribution and lead to conflict
• If a confrontationa l atmosphere is arrived at,
it may lead to poor media publicity
Workshops and Focus Groups
Workshops and focus groups allow people to discuss their ideas in an open and relaxed atmosphere.
Workshops can take a variety of formats: they can be designed to exchange information; to discuss the strengths, weaknesses, opportunities and threats of an idea or project; to obtain ideas and innovative thinking for a way forward for a project; or they can be specifically geared towards prioritization and the production of an action plan . Focus groups by contrast are designed to specifically concentrate on a single issue or a program of topics.
STRENGTHS WEAKNESSES
• Encourages active discussion in a welcoming
environment
• With small groups, it is difficult to be sure
all stakeholders or interests are represented
• Time and resource efficient way of identifying
and clarifying key issues
• Conflict can be more easily handled in a
small group
• Can be designed for a specific purpose
• Can be directly targeted at excluded or 'hard
to reach groups' for example young people
or ethnic minorities
INTERWEST
A SAFEbuilf COMPANY (I Calvin. Giordano & Assoc iates. Inc . A SAFEbuM( COMPANY • Workshops can be dominated by articulate
and confident individuals if not carefully
facilitated
• Requires experienced facilitators
79 655
City of Pa lm Desert, CA I RFP #744-23 I Plann ing and Design of North Sphere Reg ional Park Forums
A forum is a regular meeting of people who represent a group or organization and may be issue or area based. Those involved typically comprise members of civic, political, professional, economic, or social groups from a local area.
STRENGTHS
• Regular events help to maintain
momentum, commitment and enthusiasm
and encourages wider participation as the
activities of the forum develop
• Can be an effective way of involving excluded
or hard to reach groups by creating an arena
d irected towards the concerns of specific
groups
• Can address specific local concerns
WEAKNESSES
• Often comprise representatives from
existing groups rather than individuals from
the community
• May become 'talking sessions' rather than
action-oriented
• Potential for them to become rule-bound
and bureaucratic
• Potential for confusion or conflict over the
respective roles and responsibilities of local
representatives.
Web-based Engagement
There are a variety of web-based engagement processes to choose from, such as on line discussion forums and biogs, social media and networking, onl ine surveys, ratings and digital voting. Webbased activities enable people to choose where, when and for how long they want to participate.
STRENGTHS
• People can choose a convenient time and
place to participate
• Particularly useful for those who may be
homebound, such as caregivers, elderly
people, parents with young children, or
individuals with non-traditional working
schedules
• Can create debate and exchange of views
• Cost Effective
• Can reach large numbers of people
• Consumes less time than attending a
workshop or public meeting
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A SAFEbuilf COMPANY Im Calvin, Giordano & Assoc iates. Inc .
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WEAKNESSES
• Some techniques may require a moderator
to manage comments, this can be expensive
and time consuming
• Excludes those without access to the internet
• Needs to be publicized to generate interest
• Some people may feel intimidated by the
technology, especially if the process to
provide feedback is too convoluted
80 656
City of Palm Desert, CA I RFP #744-23 I Planning and Design of North Sphere Reg ional Park Roundtable/Consensus Building
Roundtable discussions can be used as a tool for consensus building. They generally have multistakeholder involvement, operate by consensus, and can generate cooperation to promote the environmental, economic, and social sustainability response to the design issues on behalf of the community. The basic prem ise is that all participants, from business interests to the local community, are on equal footing.
STRENGTHS
• People are brought together as equals
• Encourages open d iscussion and helps
break down barriers
• Confronts issues rather than people
• May produce innovative solutions
• Aims to create 'win-win' situations, rather
than 'win-lose' scenarios
WEAKNESSES
• Their composition normally precludes
wider participation, such as academics and
professionals
• Requires considerable preparation
• Requires highly skilled facilitation strategies
and clear goals and objectives to be shared
between the Design Team and City Staff
• Possibility exists that it may be dominated
by a vocal few or int erest if the composition
of the participants is not carefully curated
Engagement Stalls
Engagement stalls consist of outdoor displays located at places where people traverse in large numbers or congregate, such as at important social organizations, centers of employment, and commercial venues. They can include visual media such as idea or inspiration d isplays, which can be used to capture the views and comments of large numbers of people. Maps and plans for an area or project can be d isplayed and passers-by can be asked to comment on issues and themes, generate ideas or vote for particular activities or facilities.
STRENGTHS
• Can collect the views of large numbers of
people
• Interactive
• Engages and generates interest
• Can reach people who may not normally
participate
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A SAFEbuilf COMPANY ll Calvin, Giordano & Associates, Inc .
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WEAKNESSES
• Can generate a large amount of data
• Requires advance p lanning and preparation
• Requires several facilitators to engage with
people
• Event may be affected by weather conditions
81 657
City of Palm Desert, CA I RFP #744-23 I Plann ing and Design of North Sphere Regional Park Some lessons learned that we have obtained from previous projects where we have conducted engagement and outreach include the following observations, which we wil l incorporate and account for in the development of the Community Engagement and Outreach Plan:
• We w il l develop a plan that seeks to engage people early in the process; • We have found that small group d iscussions are more productive than large group d iscussions; • We w ill incorporate methods that strives to meet people where they are as much as possible; • During d iscussions, we will strive to facilitate understanding, meaningful d ialogue and neutral deliberation of ideas and concepts;
• We w ill be responsive and appreciative of participants' t ime and efforts; • We will seek to identify existing inequities, use commun ity expertise and communicate impacts; • We w ill build accountabil ity into the Community Engagement and Outreach Plan focused on follow-through; • The plan will seek to balance and synthesize the voices of those who cannot attend meetings vis-a-vis those that do attend and comprise the vocal few; and
• The plan wi ll target a variety of venues and locations for engagement beyond relying only on large, public inperson meetings, including onl ine methods - such as surveys and discussion forums - and smaller.
Ultimately, we believe that the City of Palm Desert is going about this process in the correct way because we also believe in the benefits that a sound, well-crafted, and sensit ive Community Engagement and Outreach Plan can bring about, and we are excited to be partners with the City in th is endeavor. We know that together, the IW+CGA NSRP Design Team and the City can capitalize on the benefits of the public process because:
• It makes the process and the projects more legitimate by al lowing decisions to be arrived at through an open, equitable and inclusive process, and it reflects the broadest and greatest good for the community as a whole; • It creates a more informed community by disseminating information, fosters the daylighting of conflicting ideas, highlights and prioritizes those aspects that are for the greater community good, as sets a foundation for shared interests to flourish and material ize; and
• It generates support for the project, how it comes about, how its formulated, and it is informed by the process, because decisions are generated with the focus of implementation and allows participants to see and witness the results of their involvement.
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City of Palm Desert, CA I RFP #744-23 I Pl anning and Design of North Sphere Regional Park
DESIGN APPROACH
When approaching the design for the two identified locations for a future regionally significant park identified by the City, the IW+CGA NSRP Design Team will build upon publ ic input with a holistic, research-based process that includes careful review of historic and existing conditions to reveal and discover what inherent opportunities and constraints exist to generate a high-quality, desirable, and well-articulated park design. Of note during the design process w ill be an emphasis on the inter-relationships between key critical components: human experiences, ecological issues and considerations and infrastructural systems needed to support a lively, vibrant, and desirable destination park.
This initia l and thorough analysis w ill set the foundation for how we approach the development of the design resolution, resulting in a design solution that is uniquely ta ilored to the needs and ethos of the City of Palm Desert and their residents. Additionally, ensuring the careful intersection of these design considerations will serve to illustrate the performative qualities of each individual framework, while revealing necessary overlaps or connections that are needed for the seamless functionality of the eventual park.
This is particularly critical with this project because the City has already identified that a desired outcome is that the park have regional appeal, and its size and prominence in the community has the potential to serve as an important catalyzing element and contributor to the continued investment in the City's observable high standards of living and the high quality of public spaces. The frameworks that we seek to identify and intersect through this process w ill include:
• Economic realms - focusing on the planning related impacts of the future improvements and how they can contribute to the overall development and economy of the area; • Social realms -focusing on how the park project and its amenities, particularly its planned uses and programming, can build stronger communities by providing opportunities for socialization, commun ity-building, and ensuring that equity is achieved in a manner that is multi-generational; • Environmental realms - focusing on using the park and its facilities as 'green' lungs and sponges in the area, facilitating greater carbon sequestration, heat island effect amel ioration, and, critically, ensuring that the selected park location is compl iant with all CEOA requirements; • Ecological realms - focusing on opportunities for wildlife habitat and the use of natural landscapes and planting material for greater resiliency to the extreme desert conditions and that promote water conservation and re-use;
• Hydrological realms - focusing on using the park and its facil ities as passive sponges facilitating opportunities for groundwater recharge, and low-impact development stormwater strategies; and • Infrastructural realms - focusing on the needed systems to provide services, access, wayfinding, safety and security, event opportunities, and future-proof components to ensure potential adaptation of the park to remain relevant to ever-changing trends in park usage patterns.
During the development of a conceptual design approach, our IW+CGA NSRP Design Team will explore opportunities to fulfill the untapped and innovative opportunities that will elevate the project beyond just a standard park to a public space that seeks to become a cohesive component of the identity, character, and daily life of the Palm Desert commun ity.
Our Design Team will be dedicated to leveraging placemaking opportun1t1es to help the City reinforce their ongoing economic development efforts and provide tang ible benefits through objective-oriented solutions that can be implementable. A critical component of this is to ascertain what are the key success metrics that will generate creative, consistent, and high-quality programming. This will generate a transformative project with a wide array of amenities and uses that serves as a destination, while showing respect to abutting property owners and their concerns for access, safety, security, and privacy.
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A SAFEbuilt' COMPANY
rn Calvin. Giordano & Assoc iates. Inc . l!.11 A SAFEbullt COMPANY 83 659
City of Pa lm Desert, CA I RFP #744-23 I Planning and Design of North Sphere Regional Park Once the design process is underway, we will make efforts to iterate design solutions and test them through the public outreach process to arrive at solutions and a vision that is supported by data and consensus. The goal here will be to push the envelope, find opportunities to innovate, and encourage discussion among residents in the face of new and exciting possibilities. In communicating our designs, our Design Team will be respectful, frank, deliberate, and transparent.
OVERALL SCOPE OF WORK FRAMEWORK
General Services - Services needed to administer the project and deliver it to the cl ient. These include general project management services, Quality Assurance and Quality Controls processes, coordinating with subconsultants, etc.
Foundation Data-Collection Phase - Collecting all necessary background and foundational data needed to provide the services and generate a design.
Public Outreach Process - IW+CGA Team will engage in a public engagement process in partnership with the City. This will include the preparation of a Public Engagement and Outreach Plan, with a focus on obtaining the most inclusive and equitable process as possible. An outcome of the engagement process will be to define program, approach and design components for the two park sites in question, as well as generate a series of outcome-driven action plans that are to be implemented in t he conceptual design phase to follow.
Conceptual Design Phase - IW+CGA Team will work closely with City Staff to develop the conceptual plans that identify the size, location and metrics of the many components that need to be included. The objective of the conceptual plan will be to provide layout strategies to-scale on a surveyed base, identifying the final programming and uses of the future park, and finalizing all the areas and inter-relationships of uses and components to be included. This will also serve as the basis to define and perform any added CEQA compliance needs and processes.
Schematic Design Phase - Based on the approvals and directives of the Conceptual Design, the IW+CGA Team will further develop the design under Staff direction to the point that it meets the criteria for submission to the City Council for approval. This Phase will include an Engineers Estimate of Probable Cost to the proposed plan's cost against the expressed estimated construction budget of estimated funding noted for park and off-site improvements. These efforts will be considered the 30% Design Plans, including cost estimates.
Design Development Phase - Development of construction plans and detailing to a level of completion consistent with 70% completion of the final construction plans. This phase will be based on the sign-off and approval of the Schematic Plan . Sign-off will serve to memorialize consistency with the design intent, as it was presented to and approved and/or directed by the City Council at the completion of the Schematic Design Phase. In addition, the IW+CGA Team team will assist in all permitting required for the construction of the park.
Biddable Documents Preparation Phase - Development of construction plans, construction detailing, and specifications up to 100% completion level and the preparation of technical specifications, where needed, to provide to the City in preparation of the bidding process.
Bidding and Awarding Assistance Phase - The IW+CGA Team w ill be assisting City Staff in the preparation of the bid award process, including the preparation of the b id tender form for inclusion in the solicitation package, assisting in the drafting of comparable past experience requ irements to be required of prospecting bidders, distribution of the bid packages, provide responses to Request for Information (RFI) that may result in the issuance of addendums during the bidding phase, verifying comparable work, and issuing an analysis with an overall evaluation of the bidders accompanied by a recommendation for award .
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A SAFEbuilf COMPANY
fn Calvin, Giordano & Associates, Inc . 1!11 A SAFEbuitt COMPANY 84 660
City of Palm Desert, CA I RFP #744-23 I Planning and Design of North Sphere Regional Park Construction Support Phase - The IW+CGA Team will satisfy the scope items listed in the RFP to include all elements w ithout exception. In order to meet these commitments, we embed our o rganizational structure, communications, and delivery into a seamless process, general ly categorized into four (4) larger themes:
• Project Coordination
• Project Financial Oversight
• Pre-Construction Phase
• Construction and Project Close-out
The IW+CGA Team approach to ensuring that complex design and construction projects get delivered through good, solvent project management involves the deployment of proven strategies that w ill be utilized by the design team . Together these comprise our approach to project coordination and are based on six (6) critical steps:
KEY SCOPE CONSIDERATIONS
STEP 1: DEFINING THE CRITICAL PROJECT SUCCESS FACTORS
Defining the critical success factors is our first step towards ensuring that we understand, as a team, what the ultimate expectations are of the project at hand by the publ ic, elected officials, staff and stakeholders. This understanding underpins all decisions that will be made and w ill help to guide the metrics for the project, and the abil ity to derive this understanding comes from a close collaboration and open dialogue between the various parties shaping and guiding the project. Specifically, in the case of this park development, decisions about what the final outcome of the project should need to be made through an ample exploration of all the options on the table, tempered and informed by the direction obtained either from the City and an outreach component to include the community that will be impacted and catered to. We recognize that as it stands, the selected park location provides a great and unique opportunity to:
• Provide connectivity to the d irect, and indirect, urban context ; • Establish an integrated, unique, and resilient community-focused identity; and • Activate the spaces with multi-generational and community-strengthening opportunit ies.
Our goal is to align these opportunities with the directives and values of the Community, as they may well serve as opportunities to augment what the project has to offer and make it a key highlight project for the City.
STEP 2: DEPLOYING THE EXPERTISE AND KNOWLEDGE OF THE PROJECT TEAM MEMBERS TO INNOVATE We believe that the seamless collaboration of the project team w ith City Staff will be t he most successful driver for the success of the project, and we have selected the appropriate people to ensure that we can deliver the best solutions to satisfy this project successfully. While having the right people is important, we go a step beyond by capitalizing the offerings of knowledge, experience, and ideas each team member offers through collaborative processes of ideas and solutions development. This empowers each team member and City Staff with the ability to bring issues to the table to identify and resolve design confl icts early on . Long-term, over the life of the project, this results in a smoother transition from design to construction and in a dramatic reduction of conflicts during construction . It ensures that we meet the expectations of the Palm Desert community, whom we are there to serve.
INTERWEST
A SAFEbuilt" COMPANY 11 Calvin, Giordano & Assoc iates. Inc .
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66185
City of Palm Desert, CA I RFP #744-23 I Planning and Design of North Sphere Regional Park Building upon how the critical project success factors are defined, the IW+CGA Team will have routine collaborative, in-house design sessions to identify the various opportunities where the metrics and desires for the projects can be achieved, track progress, and ensure that any competing and conflicting issues are met. We would encourage the participation of City Staff at key m ilestones to ensure that design decisions and recommendations are being made in light of the needs and desires of the City - factoring both issues of design, operations and maintenance.
It is through a collaborative, real-time response design strategy that the Team will generate workable solutions.
STEP 3: CHARTING A WORKFLOW AND A CRITICAL PATH THAT IS CUSTOMIZED AROUND THE SPECIFIC,
UNIQUE ISSUES OF THIS PROJECT
Upon award of the project, IW+CGA Team will meet with City Staff to clarify specific requirements of the project scope, specifically the City's vision, residents' and community requests, commitments, and define the measurable performative outcomes for design that will deem the project a success. The Project Manager (PM) will prepare and submit a project schedule to the City. Once the detailed scope and schedule are approved by the City, they will be provided to the IW+CGA Team members at an internal project "Kick-off Meeting." The primary purpose of the "Kick-off Meeting" will be to:
• Clarify the Quality Control/Quality Assurance requirements to be followed; • Discuss the critical design elements affecting the overall schedule; and • Review methods to ensure effective communication is maintained throughout the design process.
In conjunction with all necessary design research, document acquisition and inventorying; the project team will perform a design survey, while simultaneously beginning the utility coordination process by sending out utility information request letters to all util ity owners within the project limits. Additionally, coordination with key stakeholders, facilitated by City Staff, may also occur at these early stages to introduce the Project Team to the key community members and begin the public outreach process.
Once all the information has been assembled through the inventory and data collection phase, design schematics and analyses will begin. Site visits to the park to confirm utility and survey information, as well as to familiarize the Project Team with the controlling design elements and issues that the community may have already expressed concerns about. These site assessments prove to be critical throughout the life of the design project, and thus is something the Team will engage in periodically. A design strategy will be developed to convey a theme that will support a branding strategy. Once approved, that conceptual design will be further developed through the schematic design phase, where additional detail and preliminary engineering will be conducted . The schematic plans will be utilized to begin the pre-application process with the review and permitting agencies, as well as any relevant stakeholders. Once City Staff and the stakeholders' input have been obtained, the Project Team will enter the design development phase and permitting process. Throughout the design development phase, all intricacies of the design strategy will be further development for constructability. The construction plans will be developed incorporating all the design components developed and approved throughout the project's schematic and design development phases. Once the client and regulatory agencies approve the final design, the construction documents will be finalized and issued for bidding. Throughout the process, the Project Team will be involved in multiple meetings with the City to be sure the project is moving in the intended direction, conforms to required standards, and remains on schedule.
STEP 4 : FINANCIAL OVERSIGHT STRATEGY
Understanding the financial model (where the funding is coming from, the sources of expenditures, and any potential limitations placed on the design) is important to the success of this project. In order to achieve this, the
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A SAFEbuilf COMPANY
Calvin. Giordano & Associates. Inc . A SAFEbullt COMPANY 86 662
City of Palm Desert, CA I RFP #744-23 I Plann ing and Design of North Sphere Regional Park Team will carefully track the project construction's estimate from the early stages of the project and iterate them with additional detail commensurate w ith the level of details of the design or construction plans. This is critical to, as current market costs change daily and are severely impacted by shortages of materials and interruptions to supply cha ins. Additionally, any specific allocations w ill be identified and the specific improvements eligible to be expensed to those sources w ill be ear-marked and identified for good project accountability. Appropriate contingencies will be included and util ized during the early stage cost estimates to account for level of detail that is not yet completed. The contingency will reduce as the plans approach construction document quality.
STEP 5: PRE-CONSTRUCTION PHASE
Develop Project Action Plans and Milestone Schedules: Actionable, result-driven project management strategies guarantee success, as they provide opportunities to quantify the efficiency and goal-fulfillment rates of the Team . We will generate these action plans by discipline and ensure that they become an embodiment of the critical project success factors identified together with staff during contract negotiation and the kick-off process.
Nevertheless, in conducting prel im inary research to prepare for this RFP response, we have already ascertained the following for each component:
Urban Design and Community Outreach: The Project Team w ill inventory the existing site conditions, analyze the park design, and evaluate opportunit ies to provide overall enhancements that can improve the potential issues available through design innovation opportunities, especially as they impact fronting properties and nearby o r adjacent uses, such as the schools.
Civil/Roadway/Drainage Engineering: A possible design consideration that is ava ilable within the ex1st1ng conditions includes the opportunity to provide sustainable, low impact development solutions: both in grading, drainage, and planting. Existing condit ions will be analyzed and assessed in order to be brought into compliance as part of the project. Additionally, close coordination and collaboration with our Team's traffic engineer and urban designer will occur in order to thoroughly explore all opportunities for streetscape improvement elements.
Traffic Control/Maintenance of Traffic during construction of t he improvements is a crit ical scheduling and design component.
Utility Coordination will rely on obta ining design tickets and identifying Utility Agency Owners/Providers (UAO) w ith facil it ies within the project lim its and initial field reviews conducted in an effort to identify potential conflicts or limitations. Early and proactive communication and coordination with the UAOs is a critical element in this process, as sometimes the UAOs can suffer from delays in responsiveness. The coordination effort w ill focus on early identification, conflict avoidance and planning for utility adjustments and relocations as-needed. The Project Team fully understands the necessary commitment and level of effort involved to successfully complete this task so it does not hinder the design process or construction schedule.
Traffic Engineering: The action items that will be addressed under this component w ill revolve around ensuring that the design solutions are compl iant with applicable standards, where needed, and where opportunities for innovation can be accommodated. These will include considerations on design strategies for traffic calming, the design requirements for incorporating b ike usage, safety enhancements for pedestrian connectivity, and strategies for potential improvements at the two book-end intersections, as they dead-end at the North Sphere Regional Park.
Lighting: The park will be in need of lighting. Pedestrian scale lighting, performative lighting, and up-lighting for landscaping and street lighting w il l all be considered for their practical ity and for their adherence to an overall design aesthetic package to ach ieve a new image for the park. Our team has experience coordinating for service
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Calvin. Giordano & Associates. Inc .
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87 663
City of Palm Desert, CA I RFP #744-23 I Pl ann ing and Design of North Sphere Regional Park point upgrades or relocations, where necessary. Additionally, selection of efficient LED fixtures with full cut-off and ease of maintenance and upkeep will be an important consideration that will be taken into the design, wh ile considering the brand and identity the City envisions.
Planting and Experience Design: The planting design palette w ill include considerations for the human experience and the recognizable, memorable quality that can be ach ieved through good design articulation . In developing the design, the Project Team will take special care to evaluate green design and sustainable alternatives, informed by special ized research on the site's conditions, hydrology, and site characteristics. An important objective w ill be to implement landscape strategies and streetscape improvements that foster increased pedestrian safety, promote good tree and canopy coverage and health, and upgrade community aesthetics that employ the practices of water conservation (through the use of Xeriscape principles and appropriate plant detailing to ensure proper root-growth and preventative infrastructure impacts), as well as ensuring that the benefits of sustainable stormwater management practices through the use of landscaped bio-swales, pervious pavement systems, and other strateg ies can be capitalized upon. Additionally, the ca reful selection of planting to minimize the need for irrigation or long-term maintenance will be supported by priorit izing plant species that are native and/or have extreme- and high-tolerances for drought.
Quality Assurance/Quality Control: Throughout the desig n process, the Team w ill monitor and report on the progress, schedule, and cost estimates. Additionally, throughout the design process, the Team will implement our Quality Assurance/Quality Control process. Th is process consists of a peer review procedure, where a design group of int ernal th ird-party, in-house professional designers, not d irectly involved w ith the project, will review the plan documents with a fresh perspective. They will make observations and generate comments that will need to be further addressed and resolved by the Project Team. The multi-disciplined review process also consists of a constructability review by a member of the Construction Department. This review specifically ensures that the plans make sense from a construction perspective and is intended to minimize potential conflicts, errors o r omissions in the field during construction .
STEP 6: CONSTRUCTION AND PROJECT CLOSE-OUT
Bidding and Construction Administration: The IW+CGA Team has experience assisting our clients in all aspects of bidding, including assistance during bidding, attending the pre-bid meeting, creating minutes, addenda preparation , responses to contractor RFl's and review of the b id package for recommendation of the lowest responsive and responsible bidder.
As the design professional of record, we will provide the necessary support to provide post design services.
Once the contract is awarded, post design services include a hand-off meeting with the City and construction administration leader, a pre-construction meeting with the contractor, review and approval of shop drawings, responses to RFl's, and support to the Construction Project Manager, as-needed during construction .
The IW+ CGA construction team is prepared and committed to provide expert services such as contract negotiation, implementing quality control and assurance programs, contract document review, shop drawing logging and review, administration of contractor RFls, observation of field activity to assure construction is completed in accordance w ith construction documents, environmental and NPDES monitoring, field report and documentation review, as-bu ilt review and record drawing preparation, agency/permit closeout documentation, and certifications.
Project Close-Out: After substantial completion, each discipl ine from the IW+CGA Team may conduct an on-site inspection and create a punch list log for t he Construction Project Manager. The Construction Project Manager will then review the log, compile all d isciplines, and submit to the contractor for action/correction. Simultaneously,
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Calvin. Giordano & Associates. Inc . A SAFEbuilt COMPANY 88 664
City of Palm Desert, CA I RFP #744-23 I Planning and Design of North Sph ere Regional Park the Project Team may work with the contractor to review the project as-builts, warranty submittals, as well as any operating/owner's manuals required for the specific product. After reviewing the final , approved as-builts, the Design Team will work towards submitting the record drawings to the perm itting agencies in order to close-out any/all open permits. Lastly, the IW+ CGA Team may compile a final report and a presentation to the Commission to memorialize the completion of the project.
QUALITY ASSURANCE/QUALITY CONTROL IMPLEMENTATION
It is important to note that the IW+CGA Team's philosophy and corresponding process to assure quality in all our designs and work products integrates the following key components:
Initial Qual ity of Design: The first step of the QA/QC process is to ensure that the design is of a "high in itial quality". In other words, the prelim inary design is one that has been carefully thought through and analyzed by an experienced pard designer.
Multi-discipline Peer Review: The next step in the QA/QC process is the performance of a multi-discipline peer review. This phase is undertaken by a team of designers from various disciplines w ith in the core team so that potential improvements or innovative ideas can be introduced to further improve the init ial design.
Design-Decision Documentation: Documentation is an important part of all projects. It is critically important to ful ly document the assumptions, reason ing, metrics, and ca lculations that are all leading up to any key design decisions made on a project, particularly if safety issues are involved. The documentation not only provides good records, but it presents another opportunity to ensure that the project is well-aligned w ith the goals and objectives that it needs to meet ..
Constructability Review: The constructability of a project is an important facet to consider during each phase of design development. When a p rel iminary design is nearing substantial completion (70% plans), an in-house constructability review by our in-house Construction Experts is completed .
Value Engineering: Al l projects w ill require some amount of value-engineering. An integral part of the design process is to produce a cost-effective project for the owner or cl ient at all stages to el im inate the need to perform large component cuts at the end of the project. This is also important to ensure that the Team manages the expectations of the community and that the teams makes promises that can be delivered.
Schedule and Budget: Budget and schedule controls and QA/QC practices are essential with any project. Both IW's and CGA's many repeat clients attest to our capabil it ies to meet time and cost budgets, often completing projects ahead of schedule and below budget. We believe that in addition to using state-of-the-art estimating and schedul ing software, a well-trained and experience team of Project Managers is essential in predicting where problems may occur or arise, so we can be proactive in addressing their potentiality.
Controlling Costs to Minimize RFls and Change Orders: Conflicts during construction and the generation of RFls and Change Orders are generally a result of a lack of either proper and adequate investigation of the site's constructability issues or a lack of adequate coordination among and between the various parties contributing to the development of the overall construction set. Both IW and CGA take a 'head-on' approach to both of these potential conflict areas by understanding that there are weak-points that could potentially result in costly corrections during construction . From the onset, our approach to the development of proper and adequate design investigations is fundamental to setting the process on the correct course. Thorough and adequate surveying, utility documentation and sub-surface investigations are an absolute essential component of the technical foundation o f any project. While design ideas and iterations are being developed by the creative design team, utility coordination, cost explorations with utility companies and infrastructure analysis are conducted to evaluate their impact on the
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A SAFEbuilt" COMPANY
Calvin, Giordano & Associates. Inc .
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89 665
City of Palm Desert, CA I RFP #744-23 I Plann ing and Design of North Sphere Regional Park future design and cost. This will identify opportunities to highlight potential risk factor in the implementation of the project. Once the project development enters the technical plans development phase, collaborative design meetings are held routinely with all parties involved. The creative design team w ill be present to ensure that the vision of the project remains integral to the design solution, while scenario-building for each of the various conflict areas are highlighted and resolved among the various contributing professional disciplines. Depending on the complexity of the project, plans are routed, at a minimum, at 30-60-90% intervals of development through our in-house quality control process, where third-party reviewers from various discipl ines assess and evaluate the information on the plans and seek for potential conflicts so they can be identified and resolved. At times, these third-party reviewers are in-house staff that are not directly related to the given project's team. Because both IW and CGA have a large contingent of municipal plans reviewers on hand serving various different municipalities, these key individuals are generally the ones reviewing the plans at each of those 30-60-90% intervals. However, for more complex projects, before plans get to the formal 30-60-90% interval reviews, interim 'standing plans review' meeting are held, where process plans are reviewed collectively among the technical design team in anticipation of the formal review and to which at least one th ird-party eng ineer is involved.
These internal processes are a large contributor to minimize and eliminate potential confl icts in construction that are design related. RFls and Change Orders cannot realistically be entirely omitted from any project. Contractors will always submit RFls in a persistent search to minimize expenses on their side, facilitate their constructability and maximize their profitability. Additionally, sometimes because of expedited scheduling or lack of initial resources on the client's side, corners may be cut at the initial investigation phases of the project that ultimately result in unforeseen circumstances during construction . While either of these cannot be entirely omitted, our in-house process ultimately creates enough familiarity with all project components by the various contributing teammembers that resolutions can be addressed promptly and in a manner that is generally economically favorable to the client.
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A SAFEbuilf COMPANY
Calvin, Giordano & Assoc iates. Inc .
A SAFE.builr COMPANY
90 666
City of Palm Desert, CA I RFP #744-23 I Planning and Design of North Sphere Regional Park
COST ESTIMATING
CGA's predominant services have been entirely publ ic-sector-driven, and as such we fully understand that cost overruns are a huge burden on the publ ic procurement process and our cl ients' ability to deliver a promised project to the community within the allocated budget that has been adopted. As such, we approach cost estimating w ith the understanding that it plays a viral role in the success of a construction project. As such, we understand that proper cost estimating can:
• Improves plans;
• Saves money;
• Allows for better bid comparisons; and
• Reduces ri sk.
W e believe that construction costs during the design phase should be as closely aligned to the expenses that the potential contractor will have, as opposed to general ball-park cost s arrived at by unit costs based on areas. These costs should reflect:
• Contingencies and Variances to cover unexpected cond it ions that can arise or to cover cost increases that can result from change orders, delays, inclement weather, o r market volatility. • Equipment: Mark-ups to reflect the cost of any special ized equipment that may be needed, given the uniqueness of the project.
• Indirect Costs to reflect general conditions, permit and inspection fees, admin istrative expenses, overhead, insurance requirements, bonding, security, and util ities. • Labor Costs that are impacted by locally driven wages and their related costs factored by the number of workers and the necessary hours of work, including overtime needed to meet the cl ient-determined schedule. • Materials Costs, with a key understanding of how market fluctuations and cost volatility can be accommodated. • Professional Fees for any incident al specialty engineering components of any project element. • Quality-related Costs that impact the budget, understanding that top-of-the-line finishes and material selections, superior amenities can deliver an aesthetically impressive design but generally at a more expensive cost.
• Other Incidental but critical expenses assessed on a case-by-case basis, such as environmental remediation, demolit ion, disposal, or cl ient-mandated requirements that impact construction, such as project phasing.
Costs are generally arrived at t hrough careful research and at the confluence of various sources, depending on the specifics of the project. In the past, CGA has relied on three (3) key sources:
• Historical Data: Many of our cost estimation methods have re lied on historical data, such as the cost per square foot to build past components in previous or ongoing projects, the average labor costs per hour for trade specialties, and the units of work, such as the cost per element. Because CGA has various ongoing projects in construction at any g iven t ime, in addition to having a strong and robust Construction Engineering and Inspection (CEI) department overseeing the construction of projects designed by others, our capacity to keep accurate and up-to-date tal lies on costs is a resource that has proven reliable. • Cost Research: In order to access the most current cost data, CGA has rel ied also on gat hering contemporaneous cost checks in order to increase accuracy. This can be ach ieved through our long-standing and working relationsh ips w ith various construction companies with whom we have performed past work with through design-build partnerships. Where these don't provide a rel iable cost data-point, we will rely on publications such as the Walker's Bui lding Estimator's Reference Book and industry other databases, such as RS Means,
INTERWEST
A SAFEbuilf COMPANY
fi!I Calvin. Giordano & Associates. Inc . UM A SAFEbuilt coti'PANY 91 667
City of Palm Desert, CA I RFP #744-23 I Planning and Design of North Sphere Regional Park where they perform cost research by frequently sampling rates in hundreds of locations for labor, materials, equipment, and contractor overhead. We have also relied on incorporating current cost indexes, which reflect trends in prices for various construction inputs, as well as productivity and inflation via sources such as the Turner Building Index modified for localized regional variances. • Expert Judgment: The ability to quickly tap into expert judgment of our highly skilled and extensively experienced staff, either internally within CGA or via our parent company SAFEbuilt, gives us an opportunity safe-check costs and method-selection that impact costs.
CGA always relies on bottom-up construction cost estimating strategies, where we calculate total cost by adding up the cost of each input on a construction project. This may seem taxing for the early stages of design iteration, but when accompanied by a heightened contingency multiplier it generates a reliable and predictable forecaster of the eventual costs. These contingency multipliers vary depending on the stage of project development:
• 45% During early conceptual design development phases • 40% During schematic design development phases
During Design Development:
• 30% at the 30% construction plans iteration phase
• 20% at the 60% construction plans iteration phase
• 15% at the 90% and 100% construction plans iteration phase These percentages are our given norm, but they can be modified depending on the complexity of the project.
Additionally, given the recent volatility in market costs for materials, CGA does not recommend calculating the contingency for construction at less than 15%, even for small projects.
In order to improve the accuracy of our estimates, CGA can employ the utilization of a three-point estimate methodology, whereby high-, mid-, and low-point unit costs are collected in order to generate a range of costs that can help guide design decision-making. This has been incredibly valuable in some of our more complex parks and open space projects where community input requests don't align with the budget allocation that has been set in place by the government agency. As such, they are an essential tool to not only forecast the potential cost of specific components, but to also assist in conflict facilitation, community buy-in and design resolution through the public outreach and design adoption processes.
INTERWEST
A SAFEbuilf COMPANY 11 Calvin, Giordano & Associates. Inc.
A SAFEbuitt COMPANY
92 668
City of Palm Desert, CA I RFP #744-23 I Planning and Design of North Sphere Regional Park
ANTICIPATED SCHEDULE OF TASKS
We have evaluated the scope of work and have acknowledged that the City would like to have the project out to bid in approximately 18-months' time. In order to achieve this, we have carefully looked at the needs of the project and have determined that it may be completed w ith in t he allotted time; however, this will be subject to change, depending on the publ ic engagement process. Given any situation, the IW+ CGA Team is able to be flexible enough to modify the schedule and resources needs to address any modifications to the scope or budget, accordingly. The following is an anticipated timeline we envision would be an appropriate manner to deliver the project w ith in the 18-month timeframe. You will note that we extended the time period for the public engagement to 1 year instead of the 6-months noted in the issued addendum. We believe that this additional time will assist in providing the flexibility needed to hone in on what the community would like to see happen at both selected sites, as well as account for necessary lead times to have items included in agendas and heard at pre-scheduled Committee and Council meetings. Wh ile the publ ic engagement process is underway, the IW+CGA Team w ill advance tasks where possible simultaneously to ensure the schedule is met.
Anticpated Timeline
(Years) Year 01
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Pr•negot1at1on, -
Contra K,ck-off ct Meeting Negot1at1ons/Contracting ::::Jiiii======================== Public Engagement Process Engagement Plan Developmert
Engagement Plan Deploymert
Concepwal Design
Schematic Design
Design Development
Construction Documents
Permitting Processes
Construction Bid Documents
Bidding Ass1sbnce
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(Years)
,----------- I I---. ---.--- Year 02 I I-------.-f I I -- • -. (Weeks) I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I I i Pr•negot1at>ons
Contract Negobat1on5/Contracting
Kick-off Meeting
Public Engagement Process
Engagement Plan Developmert
Engagement Plan Deploymert
Conceptual Design
Schematic Design
Design Development
Construction Documents
Permitting Processes
Construction Bid Documents
Bidding Assistance
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INTERWEST
A SAFEbuilf COMPANY
Calvin, Giordano & Associates. Inc .
A SAFEbuilt COMPANY
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