ATTACHMENT A
Agreement
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PROFESSIONAL SERVICES AGREEMENT
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION
CENTER RENOVATION AND EXPANSION PROJECT
This Professional Services Agreement (“Agreement”) is entered into this 25th day of June 2026 (“Effective Date”), by and between the City of Palm Springs , a California charter city and municipal corporation, (“City”) and Accencuture Infrastructure and Capital Projects, LLC, a Limited Liability Company is the state of California, (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”
RECITALS
A. City requires the services of a qualified firm , to provide owner’s representative services for the Palm Springs Convention Center renovation and expansion project (“Project”).
B. Consultant has submitted to City a proposal to provide owner’s representative services for the Palm Springs Convention Center renovation and expansion project, to City under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality , experienced and well qualified members of the profession currently practicing under similar conditions.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals #05- 26 (“RFP 05 -26”); and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The RFP 05-26 and the Consultant ’s Proposal, which are both attached as Exhibit “ A”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Consultant ’s Proposal. All provisions of the Scope of Services, the
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City’s Request for Proposals and the Consultant ’s Proposal shall be binding on the Parties.
Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Proposal; (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal.
1.3 Compliance with Law. Consultant warrants that all S ervices rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes , ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments . Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation , which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of Four Million One Hundred Forty -Seven Thousand Two Hundred Twenty Dollars and Zero Cents ($4,147,220.00) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City .
Consultant shall not be entitled to any inc rease in the Maximum Contract Amount for attending these meetings.
2.2. Method of Payment . Un less another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10th) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such 55575.18100\42907009.1
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reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three-years, commencing on the Effective Date, and ending on June 24, 2029. The Parties may mutually extend the term of this Agreement for up to two additional one- year periods (“Option Period(s)”), provided, the Parties do so in writing prior to the expiration of the original term of the then-current Option Period.
3.2 Termination Prior to Expiration of Term . The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant.
Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
3.3 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the C ontract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant 55575.18100\42907009.1
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notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant ’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (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 Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the publ ic health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4. COORDINATION OF WORK
4.1 Representative of Consultant . The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Tyson Atwood, Senior Vice President , Deborah Palmer, Project Manager , and Fred Parker, Lead Construction Manager. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services . Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant , its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written app roval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant (s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated , or encumbered voluntarily or by 55575.18100\42907009.1
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operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City.In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.
4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City ’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ co mpensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement , of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultant s, or agents, Consultant shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. I t shall be mandatory upon 55575.18100\42907009.1
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the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records ( Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant ’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions , unless otherwise specified in this Agreement . The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
X required
is not required;
(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
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shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In t he event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, w orkers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insurance . Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self -insured retentions . City reserves the right to reject deductibles or self - insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
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5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement:
A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu o f required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subConsultant s, and any other parties involved with the Project who are brought onto or involved in the P roject by Consultant, provide the same minimum insurance coverage 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 sub Consultants and others engaged in the P roject will be submitted to the City for review.
G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.
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I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. 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 limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City , or to reduce or dilute insurance available for payment of potential claims.
L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are w aived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work comm ences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non -contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___ " or "for any and all work performed with the City" may be included in this statement).
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C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named. " Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificat es of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to, Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant , its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant ’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Professional Services Indemnification and Reimbursement. 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 the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Ser vices or this Agreement, 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.
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7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the S ervices required by this Agreement , or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations , and other materials prepared by Consultant, its employees, subConsultant s, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement . Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consult ant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit , and inspect all accounting books, records, work data, documents , and activities directly related to Consultant’s performance under this Agreement . Consultant shall maintain such books, records, data , and documents in accordance with generally accepted 55575.18100\42907009.1
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accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside , State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may d esignate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the p rovisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.
B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. T he Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or 55575.18100\42907009.1
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other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct , remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non- prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment ente red in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non- judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; 55575.18100\42907009.1
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recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:
A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information an d assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. let ters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.
All notices shall be personally delivered, sent by pre- paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
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Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: Acceture Infrastructure and Capital Projects, LLC Attention: Catherine Cronin
500 W. Madison St.
Chicago, IL 60661
Telephone: (908) 868-9986
10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third- party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i ) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the P arty for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the P arty for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive 55575.18100\42907009.1
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Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF PALM SPRINGS AND ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONSULTANT:
By: ______________________________
Signature
Date: __
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: __6/24/2026_____ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
SCOPE OF SERVICES
1.1 Background:
The Palm Springs Convention Center (PSCC), a cornerstone of the city’s hospitality and tourism economy, has served as a premier venue for conferences, exhibitions, and community events since its original construction in 1984. A major expansion and modernization effort was completed in 2005, significantly increasing the facility’s capacity and enhancing its amenities. Despite these improvements, many of the PSCC’s core systems, finishes, and functional spaces, now require further upgrades to meet current industry standards and user expectations.
In response to evolving market demands and the need to maintain competitiveness in the regional convention landscape, the City of Palm Springs is initiating a comprehensive renovation and expansion of the PSCC. This project is intended to address deferred maintenance, improve operational efficiency, and enhance overall visitor experience through renovation, expansion and updating the master plan. It also supports the City’s broader goals of economic development, sustainability, and community engagement.
1.2 Scope:
A. Consultant shall provide owner representative services for the PSCC Renovation and Expansion Project that is expected to be delivered in multiple stages. The sequence of the work is structured so that renovations and repairs can be bundled, issued for solicitation, and executed quickly. Subsequent stages will design a more challenging connectivity project and expansion to the east side of the complex and ultimately update the PSCC master plan, both of which are more time intensive and will require public engagement. A further advantage of the multistage implementation strategy is its alignment with the funding program, which is currently being finalized.
B. The project is generally defined in three stages:
a. Stage 1: Interior and Exterior Renovations and Miscellaneous Capital Projects, to included, but not limited to the improvements outlined in Section 4.2 I, Asset Assessment, Attachment “H”. These improvements are grouped as follows:
i. General Building
ii. Mechanical
iii. Electrical
iv. Plumbing
v. Fire Life Safety
vi. Information Technology
vii. Food Services
viii. Palm Springs Visitor Information Center
b. Stage 2: Urban Connectivity Project
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i. Planning and design of a district scale urban connectivity strategy that links the Palm Springs Convention Center with adjacent properties and the downtown core and identities the PSCC district in harmony with the world class destination of Palm Springs.
ii. Development of a comprehensive design vision and implementation strategy for an urban connector that enhances vehicular, pedestrian, and bicycle access between the PSC and its surrounding downtown context. iii. In addition, a major component of the scope of work includes branding and marketing specialists being integrated with the urban design and project team that establishes a convention center district identity that will visually connect the user and the PSCC from the facility to downtown. c. Stage 3: East Expansion (future phase to be negotiated) Consultant services which may be required include, but are not limited to the following areas:
C. Design Review and Contract Administration
a. Managing the Architecture and Engineering firm, LMN o2 Architecture, Urban Designer for the Convention Center Connector Project, Globalmelk, and Branding and Marketing firm, Multistudio, responsible for the Palm Springs Convention Center Renovation and Expansion Project.
i. Professional Services Agreement No. 25Q414 for Convention Center Architectural and Engineering Services: 1F - AGREEMENT NO. 25Q414.pdf
ii. Professional Services Agreements No. 25Q441 and 25Q442 for the Convention Center Connector Project (Urban Design and Branding and Marketing): 1J - APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 25Q441AND 25Q442.pdf
b. Co-Represent City at meetings as part of the Owner Project Team to ensure City’s interests are paramount and protected.
i. Owner’s project team will include the Chief Economic Development Officer who represents the City Manager’s Office and the City Engineer, and Finance Director and with other various departments informing the process from time to time.
c. Coordinate design and engineering criteria, scope of work, and special elements with City stakeholders.
i. City stakeholders can include City department heads, City leadership in conjunction with key community members via the City Manager’s Stakeholder and Working Groups for the PSCC.
d. Report to city stakeholders on preparation and progress of Project plans and specifications.
e. Attend design and construction meetings to monitor progress of the Project.
D. Project Coordination and Communication
a. Develop project level and executive summary reporting. b. Coordinate Project team members, City departments and other stakeholders. 55575.18100\42907009.1
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i. Project team members to include, Owner, design team, facility management and staff, general contractor, financial consultants and other departments of the City as well as team members that are typically involved in projects of this scope and size.
c. Establish and maintain communication protocols between Owner and Project team.
i. This is in the form of regular Owner, Architect, Contractor (OAC) meetings. In this instance City staff includes City Engineer and Chief Economic Development Officer.
ii. Coordinate construction activities to minimize disruption to ongoing convention center events and ensure coordination between construction schedule and operational need of the facility.
d. Prepare Project correspondence and Project presentations as needed. e. Prepare meeting agendas and facilitate meetings as required. f. Schedule Project meetings and presentations
g. Assist with responding to citizen inquiries and complaints. h. Function as liaison with all Project related issues and ensure that they are addressed, and that each member of the Project team is aware of their role in resolving the issues.
i. Preparation of reports
ii. Phase and construction phase schedules
iii. Preliminary documents
iv. Working drawings
v. Construction drawings
vi. Specifications
vii. Bid documents
viii. Construction cost estimates
i. Coordinate FF&E requirements and procurement.
j. Communicate changes to City stakeholders.
E. Program Compliance and Quality Assurance
a. Provide recommendations to improve the design or reduce costs with or without value engineering and while still maintaining the City’s overall vision, goals, and objectives.
b. Review all design phase submissions including but not limited to plans, specifications, and finish material samples
c. Perform constructability reviews in consultation with Owner. d. Participate in interdisciplinary coordination review of construction documents. e. Monitor the design, construction, and post-construction aspects of the Project to facilitate the completion within the Schedule.
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f. Oversee risk assessment, mitigation, and management of the Project. g. Initiate corrective actions when necessary to achieve Project objectives. h. Attend final inspections of the Project.
i. Assist with Project close-out process.
j. Gather of warranties and owner’s manuals.
F. Project Controls
Review and comment on schedules submitted by consultants, contractors, and others (such as, but not limited to, event schedules and films) for conformance with scheduling requirements, consistent with Project construction plans and phasing, executability, proper resource allocation and other schedule-related requirements. a. Validate progress on Project schedule.
b. Assist with Project budget analysis, prepare budgetary cost estimates. c. Review cost estimates and provide independent cost analysis upon request. d. Provide analysis of Request for Clarification.
e. Maintain a complete set of permanent Project files and records.
G. Environmental
a. Coordinate Phase 1 Environmental Site Assessment (ESA). b. Coordinate Phase II ESA – subsurface environmental investigations to confirm and/or delineate the extent of contamination using laboratory analyses. c. Manage environmental remediation/clean-up and design, preparation of waste management plans, oversight of any remediation projects, and analyses to determine risk associated with soil or groundwater contamination, if needed.
H. Construction Administration and Inspection
a. Arrange and conduct pre- construction meetings, inviting general contractor, architect of record, and project stakeholders. Prepare minutes of pre - construction meeting for distribution to all attendees. b. Attend on- site construction meetings and maintain on- site Project documentation.
c. Provide and maintain sufficient field personnel to administer the Project. d. Conducting daily observation of construction Project for progress, workmanship and compliance with approved contract documents and applicable codes and regulations; and recommend changes, as necessary.
e. Review schedules, including activity sequences and duration, schedule of submittals and delivery schedule of long lead materials and equipment. Review contractor’s update and revisions as may be required to reflect actual progress of work.
f. Issuing daily observation reports for site and building, noting conditions of non - compliance with references to contract documents.
g. Schedule and conduct weekly progress meetings to discuss contract issues, procedures, progress, problems, change orders, submittals, request for 55575.18100\42907009.1
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information (RFIs), deficiencies and schedules. Prepare minutes of progress meetings for distribution to all attendees.
h. Assist with the coordination of operations when utility outages, noise control, traffic control or security are required by the Project. i. Review contractor submittals and coordinate project architect’s/design consultant and City comments including resolving conflicts. j. Monitor and track RFCs, submittals, shop drawings, proposed change orders and revisions.
k. Review and evaluate proposed change orders. Review estimates for reasonableness and cost effectiveness and render recommendations to City. l. Coordinate and monitor material testing, HVAC air testing and balancing and other systems testing.
m. Maintain cost accounting records on authorized work performed under contract unit costs and additional work performed based on actual costs of time (labor) and materials (T&M).
n. Develop a reasonable cost control system, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. Identify variances between actual and estimated costs and report such variances to City at regular intervals.
o. Assist City in coordinating services of other consultants (to include but not limited to geotechnical, NPDES, materials testing, deputy inspection, special laboratory testing) that may be hired or selected for the project. p. Coordinate with project architect/design consultant contractor’s requests for interpretation or clarification of meaning and intent of project plans and specifications.
q. Track quantities of work completed for progress payment. Develop and implement procedures for review and processing of progress [payment applicat6ions. Assist City with review and certification for payment. r. Review monthly contractor payment application including construction progress to confirm percent complete by trades.
s. Establish procedures and monitor contractor compliance with federal and state prevailing wage regulations and requirements.
t. Monitor Project commissioning process, including equipment testing, functional performance tests and building integration of inter-related systems. u. Coordinate and track all required special inspections and material testing. v. Review special inspection and material testing reports to verify conformance with approved Project drawings and specifications.
w. Monitor punch list for entire project including Substantial Completion and Final Completion inspections and confirm completion of deficiencies. x. Issue preliminary and final punch list, including schedule for punch list completion. Evaluate completion of work and recommend to City when work is ready for final inspection.
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y. Conduct final inspection/walk through with City staff, maintenance/service personnel and project architect/design consultant.
z. Secure and transmit required guarantees, certifications, affidavits, leases, easement deeds, operating and maintenance manuals, warranties and other documents as stipulated in contract documents.
aa. Review and process contractor’s request for final payment and release of retention.
bb. Coordinate Site availability for the Palm Springs Internation Film Festival (PSIFF) from December 15, through January 15 annually, and ensure all construction activity is completed as may be required by PSIFF.
I. Asset Assessment: See Attachment H of RFP 05- 26, Asset Assessment for Palm Springs Convention Center.
4.3 Schedule:
A. Work shall commence on the Effective Date and is expected to be completed by December 31, 2028, based on the below estimate of project phases.
B. Current project planning is based on the following milestones:
Convention Center
Remodel (LMNO2)
Urban Connectivity
MELK/Multi-Studios
Convention
Center Expansion
(LMNO2)
2026 Q2 Stage 0 – Stakeholder and
Consultant Engagement –
Cost Matrix – Overall
Project Schedule -Define
Stage 1 and 2 Scope
Stakeholder
Engagement and
Interactive Workshops
2026 Q3 Interior Renovation –
finalize scope, design, and
begin phased construction
Public Engagement –
First Ideas and
Recommendations
Public Festivals and
Interactive Exhibits
Begin Desing
2026 Q4 Interior Renovation
construction continued
Presentations to Public
and Council on Master
Plan
Design
2027 Q1 Interior Renovation
construction continued
RFP for Construction
Documents (may not be
MELK)
Design
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2027 Q2 Interior Renovation
construction continued
Design Complete Design
Bid Construction
2027 Q3 Interior Renovation
construction continued
Complete Design Construction
2027 Q4 Interior Renovation
construction continued
Bid Construction Construction
2028 Q1 Construction Construction
2028 Q2 Construction Construction
2028 Q3 Construction Construction
2028 Q4 Construction Construction
4.4 Compensation:
A. Work shall be compensated on a not to exceed basis for Stage 1 and Stage 2.
B. Consultant’s not -to-exceed hourly rates schedule shall be the basis to engage in negotiations Owner’s Representative services for Stage 3 East Expansion.
C. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Consultant may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
CITY OF PALM SPRINGS, CA
PROCUREMENT AND CONTRACTING DEPARTMENT
REQUEST FOR PROPOSALS 05-26
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION
CENTER RENOVATION AND EXPANSION PROJECT
ISSUED: MARCH 30, 2026
Per Addendum No. 1
TABLE OF CONTENTS
SECTION 1 – NOTICE OF REQUEST FOR PROPOSALS ..................................................... 2
1.1 Request for Proposals .............................................................................................. 2
1.2 Term ......................................................................................................................... 2
1.3 Schedule .................................................................................................................. 2
1.4 Procurement Officer and Delivery Address: .............................................................. 2 SECTION 2 – INSTRUCTIONS TO PROPOSERS .................................................................. 3
2.1 Obtaining RFP Documents and Addenda: ................................................................ 3
2.2 Pre-Proposal Conference: ........................................................................................ 3
2.3 Proposer’s Minimum Requirements: ......................................................................... 3
2.4 Submission of Proposals: ......................................................................................... 3 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT ........................................ 5
3.1 Request for Clarifications/Questions: ........................................................................ 5
3.2 Proposers Ethical Behavior: ..................................................................................... 5
3.3 Proposals to Remain Open:...................................................................................... 5
3.4 Right to Accept or Reject Proposals: ........................................................................ 5
3.5 Responsibility of Proposer: ....................................................................................... 5
3.6 Insurance: ................................................................................................................ 5
3.7 Public Record: .......................................................................................................... 5
3.8 Cost Related to Proposal Preparation: ..................................................................... 6
3.9 Compliance with Law:............................................................................................... 6
3.10 Licenses, Permits, Fees and Assessments: ............................................................. 6
3.11 Investigations: .......................................................................................................... 6
3.12 Non-Collusion: .......................................................................................................... 7
3.13 Signed Proposal and Exceptions: ............................................................................. 7
3.14 Award of Contract ..................................................................................................... 7
3.15 Form of Agreement: ................................................................................................. 7 SECTION 4 – SCOPE OF WORK ........................................................................................... 9
4.1 Background: ............................................................................................................. 9
4.2 Scope: ...................................................................................................................... 9
4.3 Schedule: ................................................................................................................14
4.4 Compensation: ........................................................................................................15 SECTION 5 – PROPOSAL FORMAT AND ORGANIZATION .................................................16
5.1 Proposal Requirements: ..........................................................................................16
5.2 Proposal Content: ....................................................................................................16
5.3 Submission of Proposal: ..........................................................................................18 SECTION 6 – PROPOSAL EVALUATION .............................................................................19
6.1 Evaluation of Proposals: ..........................................................................................19
6.2 Selection Process and Award of Contract: ...............................................................19 SECTION 7 – RFP FORMS ...................................................................................................21 SAMPLE BOILERPLATE AGREEMENT – EXHIBITS INTENTIONALLY INCOMPLETE ......... 1 SECTION 8 – SAMPLE AGREEMENT ................................................................................... 2
SECTION 1 – NOTICE OF REQUEST FOR PROPOSALS
1.1 Request for Proposals
The City of Palm Springs is requesting statements of qualifications from qualified firms to provide the C ity with owner’s representative services for the Palm Springs Convention Center (PSCC) renovation and expansion project. The scope of work will consist of owner representative services on behalf of the City of Palm Springs generally defined by t hree stages, Stage 1: interior and exterior renovations and capital improvement projects, Stage 2: urban connectivity project and Stage 3: east expansion.
1.2 Term
The term of this contract will be for three years, with two one-year options to renew at the City’s sole discretion.
1.3 Schedule
The following is the schedule for this procurement:
Activity Due/Time
Request for Proposals Issued MARCH 30, 2026
Pre-Proposal Conference
THURSDAY, APRIL 16, 2026, AT
2:00 PM PDT
Requests for Clarifications from Proposers
are due
MONDAY, APRIL 20, 2026 , BY 2:00
PM
Responses to Requests for Clarification will
be posted via Addendum MONDAY, APRIL 27, 2026
Proposals are Due
MONDAY, MAY 4, 2026, BY 2:00 PM
PDT
Interviews (optional) MAY 2026
Recommendation/Selection (tentative) MAY 2026
Projected Date for Award of Contract/ PO JUNE 2026
1.4 Procurement Officer and Delivery Address:
Tabitha Richards
City of Palm Springs – Procurement and Contracting Department City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: 760.322.8368
Email: [email protected]
SECTION 2 – INSTRUCTIONS TO PROPOSERS
2.1 Obtaining RFP Documents and Addenda:
RFP documents including Addenda can be found on PlanetBids at:
https://pbsystem.planetbids.com/portal/47688/portal-home Proposers will then need to log in and locate this RFP for all related documents. It is the Proposers responsibility to check the PlanetBids site regularly to stay current on the documents that are available as this is the primary communication site for this RFP.
2.2 Pre-Proposal Conference:
A Pre-Proposal Conference will be held as follows:
Date: THURSDAY, APRIL 16, 2026
Time: 2:00 PM PDT
Location: Virtually. - Interested participants who wish to participate in the preproposal conference by either requesting a link to attend via email to:
[email protected] or by following the directions below:
Microsoft Teams meeting
Join: https://teams.microsoft.com/meet/24619956456710?p=ZpeIGQSrwJDY7IDg9A Meeting ID: 246 199 564 567 10
Passcode: HU6mT9Us
Need help? | System reference
Dial in by phone
+1 872-239-6004,,693587867# United States, Chicago
Phone conference ID: 693 587 867#
Find a local number
| Reset dial-in PIN
All proposers are highly encouraged to attend this conference to learn more about the requirements of this solicitation.
2.3 Proposer’s Minimum Requirements:
A. Experience: The Proposer must have a minimum of ten (10) years’ experience providing owner’s representation and project managements services for construction projects from conception to completion of similar large public facilities. Proposals shall outline this experience in Section A of the proposal.
A. Business License: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter
3.40 through 3.96, entitled “Business Tax”. Proposers may obtain the license after award but must do so promptly as the license will be routed with the contract for final signature.
2.4 Submission of Proposals:
A. Requests for Proposals will be electronically received via the online Planet Bids electronic system until the time specified in the schedule. The receiving time date stamp in Planet Bids will be the governing time for acceptability of Proposals. Paper
proposals, or proposals sent by any other means will not be accepted. Late proposals will not be accepted by the Planet Bids system so please allow plenty of time to submit your proposal. Failure to register as a Proposer to this RFP process per the instructions in this Request for Proposals (under “Obtaining RFP Documents”) may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non- responsive or negatively impact the evaluation of a proposal. Proposal files shall be clearly labeled per the instructions provided and submitted electronically.
SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT
3.1 Request for Clarifications/Questions:
A. Questions are to be submitted through PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFP.
B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is as outlined in the schedule. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.
3.2 Proposers Ethical Behavior:
Proposers, their representatives, agents, or anyone else acting on their behalf are specifically directed not to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a proposal.
3.3 Proposals to Remain Open:
The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals.
3.4 Right to Accept or Reject Proposals:
The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City.
3.5 Responsibility of Proposer:
All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected.
3.6 Insurance:
Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal.
3.7 Public Record:
A. All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 7921 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 7922 during the negotiation process, may be made public after the City’s negotiations are completed, and staff has agendized the recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract.
B. Although the California Public Records Act (“CPRA”) recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a proposal is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” Proprietary,” or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction.
C. If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys’ fees, brought by a person challenging the City’s refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a proposal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the proposal or other information or documents submitted to the City as part of this RFP process. The City may not recognize proposals where all the information, via a blanket statement is submitted as proprietary information or a trade secret. Such proposals m ay be found non- responsive.
3.8 Cost Related to Proposal Preparation:
The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process.
3.9 Compliance with Law:
Proposer warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.
3.10 Licenses, Permits, Fees and Assessments:
Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFP. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the Proposer’s performance of the Work and Services required under the Agreement if so awarded. Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.
3.11 I nvestigations:
The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City
may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.
3.12 Non-Collusion:
The undersigned, by submission of this Proposal Form, hereby declares that this Proposal is made without collusion with any other business making any other Proposal, or which otherwise would make a Proposal. Proposer must execute an Affidavit of Non-Collusion provided as Attachment “B” in the RFP and include it with their proposal.
3.13 Signed Proposal and Exceptions:
Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals , and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be requested under the request for clarifications/questions process by the deadline for questions. Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all proposers.
Exceptions to the City’s RFP document or standard boilerplate language, insurance requirements, terms, or conditions, etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted proposals. The City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the request for clarification/question process.
3.14 Award of Contract
It is the City’s intent to award a contract to the firm that can provide all of the s cope of work, equipment and services identified in the RFP document. However, the City reserves the right to award a contract, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final.
3.15 Form of Agreement:
The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement ( see Section 8 ). Please note that the Exhibits are intentionally not complete in the attached sample standard document.
These exhibits will be negotiated with the selected firm and will appear in the final Contract Services Agreement executed between the parties.
Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on.
We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled “ Conflict of Interest ” and “ Covenants Against Discrimination” and recommend all firms carefully consider these
contractual requirements prior to submitting a proposal in response to this RFP.
Firms that submit a proposal in response to this RFP shall certify the following:
A. Conflict of Interest. Proposer acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Proposer enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Proposer warrants that Proposer has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
B. Covenant Against Discrimination. In connection with its performance under this Agreement, Proposer shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Proposer shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Proposer certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Proposer activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other for ms of compensation; and selection for training, including apprenticeship; and further, that Proposer is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02 , including without limitation the provision of benefits, relating to non-discrimination in city contracting.
SECTION 4 – SCOPE OF WORK
4.1 Background:
The Palm Springs Convention Center (PSCC), a cornerstone of the city’s hospitality and tourism economy, has served as a premier venue for conferences, exhibitions, and community events since its original construction in 1984. A major expansion and modernization effort was completed in 2005, significantly increasing the facility’s capacity and enhancing its amenities. Despite these improvements, many of the PSCC’s core systems, finishes, and functional spaces, now require further upgrades to meet current industry standards and user expectations.
In response to evolving market demands and the need to maintain competitiveness in the regional convention landscape, the City of Palm Springs is initiating a comprehensive renovation and expansion of the PSCC. This project is intended to address deferred maintenance, improve operational efficiency, and enhance overall visitor experience through renovation, expansion and updating the master plan. It also supports the City’s broader goals of economic development, sustainability, and community engagement.
4.2 Scope:
A. C onsultant shall provide owner representative services for the PSCC Renovation and Expansion Project that is expected to be delivered in multiple stages. The sequence of the work is structured so that renovations and repairs can be bundled, issued for solicitation, and executed quickly. Subsequent stages will design a more challenging connectivity project and expansion to the east side of the complex and ultimately update the PSCC master plan, both of which are more time intensive and will require public engagement. A further advantage of the multistage implementation strategy is its alignment with the funding program, which is currently being finalized.
B. The project is generally defined in three stages:
a. Stage 1: Interior and Exterior Renovations and Miscellaneous Capital Projects , to included, but not limited to the improvements outlined in Section 4.2 I, Asset Assessment, Attachment “H”. These improvements are grouped as follows:
i. General Building
ii. Mechanical
iii. Electrical
iv. Plumbing
v. Fire Life Safety
vi. Information Technology
vii. Food Services
viii. Palm Springs Visitor Information Center
b. Stage 2: Urban Connectivity Project
i. Planning and design of a district scale urban connectivity strategy that links the Palm Springs Convention Center with adjacent properties and the downtown core and identities the PSCC district in harmony with the world class destination of Palm Springs.
ii. Development of a comprehensive design vision and implementation strategy for an urban connector that enhances vehicular, pedestrian, and bicycle access between the PSC and its surrounding downtown context.
iii. In addition, a major component of the scope of work includes branding and marketing spec ialists being integrated with the urban design and project team that establishes a convention center district identity that will visually connect the user and the PSCC from the facility to downtown. c. Stage 3: East Expansion (future phase to be negotiated) Consultant services which may be required include, but are not limited to the following areas:
C. Design Review and Contract Administration
a. Managing the Architecture and Engineering firm, LMN o2 Architecture, Urban Designer for the Convention Center Connector Project, Globalmelk, and Branding and Marketing firm, Multistudio, responsible for the Palm Springs Convention Center Renovation and Expansion Project.
i. Professional Services Agreement No. 25Q414 for Convention Center Architectural and Engineering Services : 1F - AGREEMENT NO. 25Q414.pdf
ii. Professional Services Agreements No. 25Q441 and 25Q442 for the Convention Center Connector Project (Urban Design and Branding and Marketing): 1J - APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 25Q441AND 25Q442.pdf
b. Co-Represent City at meetings as part of the Owner Project Team to ensure City’s interests are paramount and protected.
i. Owner’s project team will include the Chief Economic Development Officer who represents the City Manager’s Office and the City Engineer, and Finance Director and with other various departments informing the process from time to time.
c. Coordinate design and engineering criteria, scope of work, and special elements with City stakeholders.
i. City stakeholders can include City department heads, City leadership in conjunction with key community members via the City Manager’s Stakeholder and Working Groups for the PSCC.
d. Report to city stakeholders on preparation and progress of Project plans and specifications.
e. Attend design and construction meetings to monitor progress of the Project.
D. Project Coordination and Communication
a. Develop project level and executive summary reporting. b. Coordinate Project team members, City departments and other stakeholders. i. Project team members to include, Owner, design team, facility management and staff, general contractor, financial consultants and other departments of the City as well as team members that are typically involved in projects of this scope and size.
c. Establish and maintain communication protocols between Owner and Project team.
i. This is in the form of regular Owner, Architect, Contractor (OAC) meetings. In this instance City staff includes City Engineer and Chief Economic Development Officer.
ii. Coordinate construction activities to minimize disruption to ongoing convention center events and ensure coordination between construction schedule and operational need of the facility.
d. Prepare Project correspondence and Project presentations as needed. e. Prepare meeting agendas and facilitate meetings as required. f. Schedule Project meetings and presentations
g. Assist with responding to citizen inquiries and complaints. h. Function as liaison with all Project related issues and ensure that they are addressed, and that each member of the Project team is aware of their role in resolving the issues.
i. Preparation of reports
ii. Phase and construction phase schedules
iii. Preliminary documents
iv. Working drawings
v. Construction drawings
vi. Specifications
vii. Bid documents
viii. Construction cost estimates
i. Coordinate FF&E requirements and procurement.
j. Communicate changes to City stakeholders.
E. Program Compliance and Quality Assurance
a. Provide recommendations to improve the design or reduce costs with or without value engineering and while still maintaining the City’s overall vision, goals, and objectives.
b. Review all design phase submissions including but not limited to plans, specifications, and finish material samples
c. Perform constructability reviews in consultation with Owner. d. Participate in interdisciplinary coordination review of construction documents. e. Monitor the design, construction, and post-construction aspects of the Project to facilitate the completion within the Schedule.
f. Oversee risk assessment, mitigation, and management of the Project. g. Initiate corrective actions when necessary to achieve Project objectives. h. Attend final inspections of the Project.
i. Assist with Project close-out process.
j. Gather of warranties and owner’s manuals.
F. Project Controls
Review and comment on schedules submitted by consultants, contractors, and others (such as, but not limited to, event schedules and films) for conformance with scheduling requirements, consistent with Project construction plans and phasing, executability, proper resource allocation and other schedule-related requirements.
a. Validate progress on Project schedule.
b. Assist with Project budget analysis, prepare budgetary cost estimates. c. Review cost estimates and provide independent cost analysis upon request. d. Provide analysis of Request for Clarification.
e. Maintain a complete set of permanent Project files and records.
G. Environmental
a. C oordinate Phase 1 Environmental Site Assessment (ESA). b. C oordinate Phase II ESA – subsurface environmental investigations to confirm and/or delineate the extent of contamination using laboratory analyses. c. Manage environmental remediation/clean-up and design, preparation of waste management plans, oversight of any remediation projects, and analyses to determine risk associated with soil or groundwater contamination, if needed.
H. Construction Administration and Inspection
a. Arrange and conduct pre- construction meetings, inviting general contractor, architect of record, and project stakeholders. Prepare minutes of pre - construction meeting for distribution to all attendees. b. Attend on- site construction meetings and maintain on- site Project documentation.
c. Provide and maintain sufficient field personnel to administer the Project. d. Conducting daily observation of construction Project for progress, workmanship and compliance with approved contract documents and applicable codes and regulations; and recommend changes, as necessary.
e. Review schedules, including activity sequences and duration, schedule of submittals and delivery schedule of long lead materials and equipment. Review contractor’s update and revisions as may be required to reflect actual progress of work.
f. Issuing daily observation reports for site and building, noting conditions of non - compliance with references to contract documents.
g. Schedule and conduct weekly progress meetings to discuss contract issues, procedures, progress, problems, change orders, submittals, request for information (RFIs), deficiencies and schedules. Prepare minutes of progress meetings for distribution to all attendees.
h. Assist with the coordination of operations when utility outages, noise control, traffic control or security are required by the Project. i. Review contractor submittals and coordinate project architect’s/design consultant and City comments including resolving conflicts. j. Monitor and track RFCs, submittals, shop drawings, proposed change orders and revisions.
k. Review and evaluate proposed change orders. Review estimates for reasonableness and cost effectiveness and render recommendations to City. l. Coordinate and monitor material testing, HVAC air testing and balancing and other systems testing.
m. Maintain cost accounting records on authorized work performed under contract unit costs and additional work performed based on actual costs of time (labor) and materials (T&M).
n. Develop a reasonable cost control system, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. Identify variances between actual and estimated costs and report such variances to City at regular intervals.
o. Assist City in coordinating services of other consultants (to include but not limited to geotechnical, NPDES, materials testing, deputy inspection, special laboratory testing) that may be hired or selected for the project. p. Coordinate with project architect/design consultant contractor’s requests for interpretation or clarification of meaning and intent of project plans and specifications.
q. Track quantities of work completed for progress payment. Develop and implement procedures for review and processing of progress [payment applicat6ions. Assist City with review and certification for payment. r. Review monthly contractor payment application including construction progress to confirm percent complete by trades.
s. Establish procedures and monitor contractor compliance with federal and state prevailing wage regulations and requirements.
t. Monitor Project commissioning process, including equipment testing, functional performance tests and building integration of inter-related systems. u. Coordinate and track all required special inspections and material testing. v. Review special inspection and material testing reports to verify conformance with approved Project drawings and specifications.
w. Monitor punch list for entire project including Substantial Completion and Final Completion inspections and confirm completion of deficiencies. x. Issue preliminary and final punch list, including schedule for punch list completion. Evaluate completion of work and recommend to City when work is ready for final inspection.
y. Conduct final inspection/walk through with City staff, maintenance/service personnel and project architect/design consultant.
z. Secure and transmit required guarantees, certifications, affidavits, leases, easement deeds, operating and maintenance manuals, warranties and other documents as stipulated in contract documents.
aa. Review and process contractor’s request for final payment and release of retention.
bb. Coordinate Site availability for the Palm Springs Internation Film Festival (PSIFF) from December 15, through January 15 annually, and ensure all construction activity is completed as may be required by PSIFF.
I. Asset Assessment: See Attachment H, Asset Assessment for Palm Springs Convention Center.
4.3 Schedule:
A. Work shall commence on the Effective Date and is expected t o be completed by December 31, 2028.
B. Current project planning is based on the following milestones:
Convention Center
Remodel (LMNO2)
Urban Connectivity
MELK/Multi-Studios
Convention
Center Expansion
(LMNO2)
2026 Q2 Stage 0 – Stakeholder and
Consultant Engagement –
Cost Matrix – Overall
Project Schedule -Define
Stage 1 and 2 Scope
Stakeholder
Engagement and
Interactive Workshops
2026 Q3 Interior Renovation –
finalize scope, design, and
begin phased construction
Public Engagement –
First Ideas and
Recommendations
Public Festivals and
Interactive Exhibits
Begin Desing
2026 Q4 Interior Renovation
construction continued
Presentations to Public
and Council on Master
Plan
Design
2027 Q1 Interior Renovation
construction continued
RFP for Construction
Documents (may not be
MELK)
Design
2027 Q2 Interior Renovation
construction continued
Design Complete Design
Bid Construction
2027 Q3 Interior Renovation
construction continued
Complete Design Construction
2027 Q4 Interior Renovation
construction continued
Bid Construction Construction
2028 Q1 Construction Construction
2028 Q2 Construction Construction
2028 Q3 Construction Construction
2028 Q4 Construction Construction
4.4 Compensation:
A. Work shall be compensated on a not to exceed basis for Stage 1 and Stage 2.
B. Consultant’s not -to-exceed hourly rates schedule shall be the basis to engage in negotiations Owner’s Representative services for Stage 3 East Expansion.
C. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Consultant may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
SECTION 5 – PROPOSAL FORMAT AND ORGANIZATION
5.1 Proposal Requirements:
The firm’s proposal should describe the methodology to be used to accomplish the project objectives. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the described requirements.
Please note: this RFP cannot identify each specific, individual task required to implement this project successfully and completely. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man- hours, direct and indirect costs, etc. Proposal Format:
Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 below . The proposals must be in an 8 ½ X 11 format, minimum 10pt font size, minimum ¾” margins, and may be no more than a total of 40 electronic pages, including cover letters, organization charts, staff resumes, and appendices. NOTE: Front and Back Covers, Dividers, Attachment’s “A”, “B”, “C”, “D”, “E” , and “F” and Addenda acknowledgments, and the Cost/Rates Proposal (*in a separate electronic file) do NOT count toward the limit (everything else does).
5.2 Proposal Content:
A. Proposers must provide the information identified below. All such information shall be presented in a form at that directly corresponds to the numbering scheme identified here.
B. Each Proposal Package must include two separate electronic files as follows:
Electronic File #1, clearly marked “ Technical Proposal”, shall include the following items:
Technical Proposal: The Technical Proposal (Electronic File #1) shall be clearly marked as per the instructions above and shall include the Sections A, B, C, D and E below:
Section A: Firm (including any subcontractors) Qualifications and Experience including References
A.1 Company Overview. Please provide a description of the services that your company has provided in other cities, how long you have been in operation, and any unique features of the services you offer.
Please also include how you meet the minimum requirements that will be scored on a pass fail basis.
A.2 Indicate the name of any sub-contractor firms or contractors that will be utilized to make up your team. Describe each sub- contractor’s qualifications, background, and specific expertise that they bring to the Project.
A.3 References. Include a minimum of three references on the form provided of recent customers for who your firm has provided similar services as contemplated herein and include it with the forms section of your proposal. In addition to the form, in this sect ion of your proposal please provide any additional information that would explain in more detail the work undertaken with the references provided and any other material information you would like the City
to know about your work for that reference that is relevant to the work described in this RFP.
Section B: Staff, Teams (including any subcontractors) qualifications and experience
B.1 Staffing. The proposers shall provide a description of how they plan to staff the project, including any local hires that they would need to make or local partnerships that they would need to establish to ensure successful program implementation.
B.2. List the name and qualifications of the key staff/team members that will be assigned to the Project. Provide detailed qualifications of the Project Manager that will be assigned to the Project.
B.3. Partners. The respondent should list any organizations they plan to partner with to implement the scope of work.
Section C: Demonstrated understanding of the overall project and requested scope of work
C.1 Proposed Approach for Implementing the Scope of Work. Please describe how you would approach the Scope of Work for the City of Palm Springs. This would include how you would address or enhance the tasks in the Scope of Work and how you would partner with the City to implement the service.
C.2 Anything else the City should consider as part of this process.
Proposers should provide any insights or advice they feel may assist the City in implementing the Scope of Work.
C.3 Identify any “key” or “critical” issues that you believe may be encountered based on the firm’s prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful delivery of the service.
Section D: Local Preference
D.1 List all team members with local expertise. Clearly define their role in the overall project.
Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term “Local Business” is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis and holds a valid business license by a jurisdiction located in the Coachella Valley. “Coachella Valley” is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, “Coachella Valley” includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs.
Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address.
The proposer will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible.
In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non- local business that requests the preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the proposal. The City reserves the right to determine eligibility.
Section E: Forms: - Please include the following completed forms with your technical proposal
a. Completed Signature authorization and Addenda Acknowledgment (see Attachment A)
b. If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley.
c. Completed Affidavit of Non-Collusion (see Attachment B) d. Completed No Conflict of Interest and Non -Discrimination Form (Attachment C)
e. Completed Public Integrity Business Disclosure Form (Attachment D) f. Complete the Reference form (Attachment E)
g. Complete the Executive Order N-6-22 Certification (Attachment F)
Electronic File #2, clearly marked “Cost Proposal”, shall include the following:
Section F: Cost Proposal:
Proposers must use the cost proposal form provided as Attachment “G” in this RFP. T he cost proposal file shall be named “RFP 05-26 Proposer Name Cost Proposal”. The Cost Proposal shall be based on a not to exceed cost that is inclusive of all costs to perform the scope of work.
Failure to use the Cost Proposal form provided by the City will be cause for rejection of a proposal. Do NOT include Sections A-E in the Cost Proposal, Electronic File #2.
5.3 Submission of Proposal:
The two electronic files shall be uploaded to the PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFP.
All submissions must be time and date stamped by the system as being received by the deadline. Late submissions will be rejected.
Proposals not meeting the above criteria may be found to be non-responsive.
SECTION 6 – PROPOSAL EVALUATION
6.1 Evaluation of Proposals:
This solicitation has been developed in the RFP most qualified firm format. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. Proposal Evaluation Criteria:
An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible):
Criteria Points
Minimum Requirements Pass/Fail
Firm’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFP, including References
30 Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFP 30 Demonstrated Understanding of the overall project and requested Scope of Work
35 Local Preference * 5
Total Points** 100
*Note: Firms that qualify as a Local Business, and submit a valid business license as more fully set forth in this RFP, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five points, may be awarded to those that qualify as a Local Business.
Prior City work - If your firm has prior experience working with the City do not assume this prior work is known to all members of the evaluation committee. All firms are evaluated on the information contained in their proposal, information obtained from references (including the city and past performance if applicable), and presentations if requested. All proposals should be prepared as if the evaluation committee members have no knowledge of the firm, their qualifications, or past projects. **Interviews – The City reserves the right to interview top ranking proposers , but interviews shall not be required. If interviews are deemed necessary by the Evaluation Committee following evaluation of the technical proposals , the Proposers invited to interview will be notified in advance and provided a format and time for the interviews. An additional 25 points will be used to score the interview based on the same criteria listed in the RFP. The 25 points will be prorated in the same proportion as the proposal scoring listed in the table above.
Best and Final Offers – The City reserves the right to ask for Best and Final Offers where costs are over budget.
6.2 Selection Process and Award of Contract:
Selection will be made by totaling the points for the proposals and interviews if required.
The Proposer with the highest number of points will move onto financial negotiations, if required, to provide of a fair and reasonable price and if successful will be recommended
for award of the contract. If the negotiations are not successful, the process may continue with the next highest ranked Proposer . The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council or City Manager depending on value. The selected firm will be required to comply with all insurance and license requirements of the City.
SECTION 7 – RFP FORMS
ATTACHMENT “A”- Signature Authorization Form , including Addenda acknowledgment. *Must be completed and included with Work/Technical Proposal electronic file #1.
ATTACHMENT “B” - Non-Collusion Affidavit Form. *Must be completed and included with Work/Technical Proposal electronic file #1.
ATTACHMENT “C” – No Conflict of Interest and Non- Discrimination Form. *Must be completed and included with Work/Technical Proposal electronic file #1.
ATTACHMENT “D” – Business Disclosure Form . *Must be completed and included with Work/Technical Proposal electronic file #1.
ATTACHMENT “E” – Reference Form. *Must be completed and included with Work/Technical Proposal electronic file #1.
ATTACHMENT “F” - Executive Order N -6-22 Certification * Must be completed for state funded work and included with the Technical Proposal file #1.
ATTACHMENT “G” – Cost Proposal Form . *Must be completed and included in a separate electronic file #2 – do not include this with your Work/Technical Proposal, electronic file #1.
ATTACHMENT “A”
SIGNATURE AUTHORIZATION
REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)*
NAME OF COMPANY(PROPOSER):
________________________________________________________________________ BUSINESS ADDRESS:_____________________________________________________ ________________________________________________________________________ TELEPHONE: ______________CELL PHONE___________ ___FAX______________ CONTACT PERSON____________________EMAIL ADDRESS____________________
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # _______________ is/are hereby acknowledged.
A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. ____________________________________________________
PRINTED NAME AND TITLE
____________________________________________________
SIGNATURE AND DATE
B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
____ An individual;
____ A partnership, Partners’ names:
____ A company;
____ A corporation If a corporation, organized in the state of: __________
2. My tax identification number is: ___________________________________ Please check below IF your firm qualifies as a Local Business as defined in the RFP:
____ A Local Business (licensed within the jurisdiction of the Coachella Valley).
Copy of current business license is required to be attached to this document.
ATTACHMENT “B”
NON-COLLUSION AFFIDAVIT
REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
*THIS FORM MUST BE COMPLETED EXECUTED BY PROPOSER AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)*
The undersigned, deposes and says that he or she is
of
, the party making the foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal , and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer , or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal.
Signature: ______________________________________________
Title: _____________________________________________
ATTACHMENT “C”
CITY OF PALM SPRINGS, CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)
Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, d emotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05 .02, including without limitation the provision of benefits, relating to non- discrimination in city contracting.
NAME OF CONSULTANT/VENDOR: ________________________________________
NAME and TITLE of Authorized Representative:
(Print) ______________________________________________________________
Signature and Date of Authorized Representative:
(Sign) ____________________________________________ (Date) ________________
ATTACHMENT “D”
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF
QUALIFCATIONS
Why Must I File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials.
Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.
Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.
When Must I File? You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed.
B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.
NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].
CITY OF PALM SPRINGS – PUBLIC INTEGRITY
DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note:
If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
Officer Director Member Manager
[name]
General Partner Limited Partner
Other
Officer Director Member Manager
[name]
General Partner Limited Partner
Other
Officer Director Member Manager
[name]
General Partner Limited Partner
Other
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
City of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.
Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:
John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
ATTACHMENT “E”
REFERENCES
REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
Reference 1
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Reference 2
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Reference 3
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
ATTACHMENT “F”
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any Consultant that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The Consultant hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the Consultant is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Consultant. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
ATTACHMENT “G”
COST PROPOSAL
REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 “Cost Proposal”, NOT with Electronic File #1, Technical/Work Proposal*)
Proposer shall submit a not-to-exceed hourly rate schedule(s) for all services outlined in Section 4 of the RFP. Hourly rates schedule(s) shall be submitted with Attachment “G” Cost Proposal, Electronic File #2.
ITEM DESCRIPTION Unit of Measure TOTAL
1 Stage 1: Renovation Not-to-Exceed
2 Stage 2: Connectivity Not-to-Exceed
Total Not-to-Exceed (line 1 and 2)
A. Schedule of Values (SOV). Within 10 days of notice of the intent to award of this contract, Consultant shall submit for the City’s review and approval an SO for the not -to-exceed cost proposal items of the Project. The Schedule of Values will:
a. Subdivide the Project into its respective parts,
b. Include values for all items comprising the Project, and c. Serve as the basis for monthly progress payments made to the Consultant throughout the Project.
B. The City is the sole judge of acceptable numbers, details, and description of values established. If, in the opinion of the City, a greater number of SOV items than is proposed by the Consultant are necessary, add the additional items identified by the City. When requested by the City, provide substantiating data in support of the SOV.
C. Incorporate the SOV into the cost loading function of the Schedul e. Monthly progress payment amounts for Not-to-Exceed items shall be determined from the monthly updates of the Schedule activities.
D. Following acceptance of the SOV, incorporate the changes (if any) into the cost loading portion of the Schedule. Where coordination of the Schedule and the SOV requires changes made to one or both documents, propose changes to the SOV and to the Schedule activities to satisfy the Schedule cost loading requirements.
E. Update and submit these listings in conjunction with the Schedule monthly submittals.
F. Incorporate approved Amendments in the Schedule into the SOV as single units identified by the Amendment number.
G. Changes to the Schedule which add activities not included in the original Schedule but included in the original Project shall have values assigned as accepted by the City. Other activity values shall be reduced to provide equal value adjustment increases for added activities as accepted by the City.
H. In the event that Consultant and City agree to make adjustments to the original SOV because of inequities discovered in the original accepted SOV, increases and equal decreases to values for activities may be made.
I. The payment for the preparation of the SOV shall be included in the total Not -to-Exceed amount, (“Maximum Contract Amount”).
Firm Name:
Signature of Authorized Person:
Printed Name:
Title:
Date:
ATTACHMENT “H”
ASSET ASSESSMENT FOR PALM SPRINGS CONVENTION CENTER
REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
SECTION 8 – SAMPLE AGREEMENT
Note: This Agreement must be reviewed by Proposers for acceptance during the RFP process, and any changes or questions must be addressed during the question-and- answer period outlined in the RFP . The City will not accept any changes to the agreement after the question period is closed. Proposals submitted with exceptions to scope and agreement terms will not be moved forward in the evaluation process.
SAMPLE BOILERPLATE AGREEMENT – EXHIBITS
INTENTIONALLY INCOMPLETE
PROFESSIONAL SERVICES AGREEMENT [***INSERT CONTRACT
NUMBER***]
[***INSERT PROJECT AND/OR CONSULTANT’S NAME***]
This Professional Services Agreement (“Agreement”) is entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 20__ (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and [***INSERT NAME OF CONSULTANT***], a [***INSERT ENTITY TYPE, E.G., CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, OR OTHER LEGAL ENTITY***] , (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”
RECITALS
A. City requires the services of a [***INSERT CONSULTANT TYPE***] , for [***INSERT SHORT PROJECT DESCRIPTION***] (“Project”).
B. Consultant has submitted to City a proposal to provide [***INSERT SHORT DESCRIPTION OF SERVICES TO BE PROVIDED***], to City under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contempl ated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”),
(collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which are both attached as Exhibit “B”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2 nd) the provisions of the City’s Request for Proposal; (3 rd) the terms of this Agreement; and, (4 th) the provisions of the Consultant’s Proposal.
1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments . Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of [***INSERT NOT TO EXCEED COMPENSATION AMOUNT IN WRITTEN FORM***] ($XX.XX) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.
2.2. Method of Payment . Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of
the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10th) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of [***INSERT TIME PERIOD, E.G., WEEKS/MONTHS/YEARS***] , commencing on the Effective Date, and ending on [***INSERT AGREEMENT END DATE***], unless extended by mutual written agreement of the Parties. However, the term shall not exceed [***INSERT AGREEMENT TERM LENGTH***] from the Effective Date, except as otherwise provided in the Schedule of Performance described in Section 3.4 below.
3.2 Termination Prior to Expiration of Term . The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant.
Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
3.3 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (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 Work); and (4) 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 the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4. COORDINATION OF WORK
4.1 Representative of Consultant . The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement:
[***INSERT NAME AND TITLE OF CONSULTANT’S REPRESENTATIVE***] It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subconsultant(s) in the
same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subconsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.
4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s o fficers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two- million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
X required
is not required;
(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the
certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later . In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subconsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all
deductibles and self -insured retentions. City reserves the right to reject deductibles or self - insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement:
A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subconsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage 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 and others engaged in the Project will be submitted to the City for review.
G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Consultant shall provide proof that policies of insurance required in this
Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. 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 limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.
L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. " This insurance is primary and non -contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___ " or "for any and all work performed with the City" may be included in this statement).
C. " Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named. " Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to, Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Professional Services Indemnification and Reimbursement. 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 the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, 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.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use.
Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement.
Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall
maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.
B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition,
or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non- prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non- judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of thi s Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity,
including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:
A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.
All notices shall be personally delivered, sent by pre- paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: [***INSERT CONSULTANT’S CONTACT INFORMATION***]
10.3 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third- party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above- referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by
reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT CONSULTANT’S NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONSULTANT:
By: ______________________________ By: _______________________________ Signature Signature
Date: __ Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______________ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager –up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
EXHIBIT “A”
SCOPE OF SERVICES
EXHIBIT “B”
SCHEDULE OF COMPENSATION
EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N -6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any Consultant that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The Consultant hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the Consultant is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N -6-22 and b) the person signing below is duly authorized to legally bind the Consultant. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
i
OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
May 4, 2026
REQUEST FOR PROPOSALS 05-26
OWNER’S REPRESENTATIVE FOR
PALM SPRINGS CONVENTION
CENTER RENOVATION AND
EXPANSION PROJECT
Technical Proposal
OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
TABLE OF
CONTENTS
A .1 COMPANY OVERVIEW ........................................2 A.2 SUBCONSULTANTS ..........................................3 A.3 REFERENCES ..............................................4 B .1 TEAM OVERVIEW AND APPROACH ...............................8 B.2 KEY STAFF/TEAM ...........................................10 B.3 PARTNERS .................................................15 C.1 UNDERSTANDING AND APPROACH ...............................17 C.2 ADDITIONAL CONSIDERATIONS AND INSIGHTS FOR THE CITY .....32 C.3 KEY/CRITICAL ISSUES AND MITIGATION STRATEGIES ...........36 D.1 LOCAL EXPERTISE AND PRESENCE .............................40 1 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
City of Palm Springs Procurement and Contracting Department Attn: Ms. Tabitha Richards, Procurement Officer
3200 E. Tahquitz Canyon Way Palm Springs, CA 92262
Re: RFP No. 05-26 – Owner’s Representative for the Palm Springs Convention Center Renovation and Expansion Project
Dear Ms. Richards and Members of the Evaluation Committee:
Accenture Infrastructure and Capital Projects, LLC (Accenture I&CP or Accenture) is pleased to submit this proposal to provide Owner’s Representative services for the Palm Springs Convention Center Renovation and Expansion Program. We appreciate the opportunity to partner with the City on this important investment and support delivery of a multi-stage program that will enhance the Convention Center’s performance, connectivity, and long-term value to the community.
We understand that this initiative is not a single project, but a coordinated program spanning renovation, urban connectivity, and future expansion. Successful delivery will require careful phasing within an active facility, alignment across multiple design disciplines, and a forward-looking approach that supports the City’s long-term vision.
Accenture has assembled a team specifically structured to meet this challenge, combining program-level leadership, stage-specific expertise, and strong local experience. A key differentiator is the inclusion of Deborah Palmer as Project Manager, bringing over 30 years of experience delivering complex capital programs, including convention center projects. Deborah has led complex, multi-phase, operational convention center programs that directly mirror—and anticipate—the challenges of this initiative, providing the City with a single point of accountability and integrated leadership across all stages.
Our experience delivering complex, public-facing programs such as Long Beach Airport, the City of Palm Springs Library Renovations, and Coachella Valley Association of Governments (CVAG’ s) CV Link directly aligns with the needs of the Convention Center project. These efforts required multi-phase construction in active environments, close coordination with City departments and stakeholders, and disciplined program controls to maintain schedule, safety, and operational continuity.
Our approach emphasizes active design integration, disciplined program controls, and clear, consistent communication with City leadership, stakeholders, and the community. By aligning our team structure and delivery approach with the City’s defined stages, we provide clarity, continuity, and confidence in execution.
We are enthusiastic about the opportunity to support the City of Palm Springs in delivering this transformative program and are confident that our experience, collaborative approach, and commitment to accountability will provide immediate and lasting value.
Thank you for your consideration.
Sincerely,
Tyson Atwood, Senior Vice President
Accenture Infrastructure & Capital Projects
300 Spectrum Center Dr, Suite 1400, Irvine, CA 92618
805.459.7697 | [email protected]
T A AB
Firm Qualifications, Experience,
and References
2 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
A.1 COMPANY OVERVIEW
Accenture Infrastructure and Capital Projects, LLC (Accenture I&CP) is a division of Accenture LLP with nearly 30 years of experience delivering construction management and owner’s representation services for public-sector clients. We have partnered with municipalities, counties, state agencies, and educational institutions to manage complex capital programs with a focus on quality, transparency, and fiscal responsibility. Our portfolio includes infrastructure upgrades, civic facility renovations, and grant-funded improvement projects across California and the broader western U.S., giving us a deep understanding of agency expectations, regulatory requirements, and community dynamics.
We have extensive experience serving municipalities across Southern California, with a strong focus in Riverside and San Bernardino Counties. Currently, we are supporting the City of Palm Springs Palm Springs Public Library Renovation .
Our portfolio also includes a wide range of projects for the following cities:
The relevance of our experience to the Palm Springs Convention Center project is demonstrated through our delivery of complex, public-facing programs such as Long Beach Airport , the City of Palm Springs Library Renovations , and CVAG’ s CV Link. Each of these efforts required careful coordination of multi-phase construction within active, occupied environments, while maintaining continuous operations and prioritizing stakeholder communication, safety, and schedule adherence. Across these projects, we successfully integrated modern systems within existing infrastructure, collaborated closely with City departments and design teams, and managed program-level controls to support complex, multi-year delivery. Our experience with the City of Palm Springs, combined with our ability to lead phased implementation and coordinate across multiple contractors and stakeholders, directly aligns with the needs of the Convention Center renovation and expansion.
Our experience delivering state and locally funded public projects is directly applicable to the Palm Springs Convention Center Renovation and Expansion. We are well- versed in grant compliance requirements, including labor compliance, document retention, reimbursement tracking, and public transparency protocols, all of which are integrated into our project management systems from day one.
Our approach is strengthened by direct experience working with the City on both prior and current assignments, providing a clear understanding of City systems, processes, standards, and expectations. This familiarity eliminates the learning curve and allows staff to integrate seamlessly from the outset. Combined with a strong local presence and regional expertise in the Coachella Valley—including permitting requirements, contractor practices, labor dynamics, and desert-specific construction conditions—Accenture is well positioned to anticipate challenges early and deliver practical, timely solutions aligned with the City’s operational and project delivery objectives. > City of Palm Springs
> City of Palm Desert
> City of Indio
> City of Coachella
> City of La Quinta
> City of
Cathedral City
> City of Corona
> City of Ontario
> City of Pasadena
> City of Huntington Beach
> City of Seal Beach
> City of Laguna Beach
> City of Long Beach
> City of Oceanside
> City of Anaheim
> City of Gardena
> City of Irvine
> City of Lake Forest
> City of Menifee
> City of Temecula
ORGANIZATION
EMPLOYEES
FOUNDED
Limited Liability Company
1500+
(USA: 1100+; Canada: 350+) Palm Desert (local), Irvine (main), San Diego, and Los Angeles Incorporated as Simplus Management Company (1996),
Reorganized as Anser Advisory (2018), Acquired by Accenture LLP (2023) and Reorganized as Accenture I&CP (2024)
LOCATION OF CA OFFICES
3 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
A.2 SUBCONSULTANTS
Our subconsultants were selected based on qualifications, technical fit, and alignment with the City’s goals. We have worked with these partners on other successful municipal assignments and are confident in their ability to integrate with our team and support high-quality project delivery.
Twining– Special Inspections and Testing
With over 125 years of industry leadership, Twining specializes in geotechnical engineering, materials testing, and construction inspection. Recognized by Caltrans, AASHTO, IAS, and USACE, Twining operates advanced laboratories delivering reliable asphalt, concrete, and soil testing. Their team follows Greenbook, ASTM, and California Building Code standards, conducting environmental testing, asphalt compaction tests, and concrete mix design approvals.
3QC–Commissioning
Established in 2003, 3QC is a team of building commissioning and sustainability experts. We specialize in vertical construction of large and complex projects that require a high level of management and technical expertise. 3QC has commissioned over 70 million square feet of facilities worth over $30 billion in construction. Our processes are based on the industry standards from ASHRAE, NIBS, ACG, and BCA, and have been successfully applied on over 300 LEED and 30 ZNE certified projects involving new construction, tenant improvements, renovations, remodels, modernizations, and multiple project delivery programs. Our active participation in the development and update of LEED, CalGreen, and Title 24 is consistent with our proactive approach to commissioning.
Ultra Systems–Hazardous Materials &
Environmental
UltraSystems Environmental, Inc. (UltraSystems) is a
woman-owned, full-service environmental planning and
consulting firm providing expertise in environmental planning, engineering, and regulatory compliance. Founded in 1994 and headquartered in Irvine, California, UltraSystems has supported numerous cities, counties, and special districts across California.
The firm’s multidisciplinary team of more than 50 professionals— including planners, scientists, biologists, archaeologists, engineers, geologists, hydrologists, GIS specialists, and technical staff—delivers comprehensive services such as CEQA/NEPA document preparation, environmental analysis
and monitoring, permitting coordination, technical studies, and construction-phase environmental oversight. Over more than three decades, UltraSystems has prepared over 7,000 environmental reports and technical studies, supporting public agencies in meeting local, State, and federal environmental requirements from project planning through construction.
4 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
A.3 REFERENCES
City of Long Beach, Long Beach Airport – Phase II Terminal Area Improvements | Long Beach, CA / April 2019 - September 2024 Accenture provided comprehensive Agency Construction Management services for the Long Beach Airport (LGB) Phase II Terminal Area Improvements Program—an ambitious, multi-year effort to elevate passenger experience, improve operational efficiency, and preserve the historic integrity of the terminal complex.
Our team oversaw all aspects of construction
delivery, from pre-construction through
closeout, coordinating daily with the City
of Long Beach and its Progressive Design-
Build (PDB) partners, Swinerton Builders and
Corgan. Our services encompassed project
controls, scheduling, cost management,
quality assurance, change management,
constructability reviews, and safety oversight,
ensuring seamless integration between
the design and construction teams while
protecting ongoing airport operations.
The $122 million program included
construction and renovation of the 16,700
square-foot (SF) Ticketing Lobby, Checked
Baggage Inspection System (CBIS) facility,
Baggage Claim Building, and the Meeters
& Greeters Plaza, as well as mechanical,
structural, and architectural modernization of
the historic 1941 terminal.
These improvements enhanced curb-to-gate
passenger flow and optimized operational
logistics while retaining the facility’s iconic
character. Operating within an active airport
environment required strategic sequencing,
proactive stakeholder engagement, and real-
time issue resolution. Accenture developed phasing and safety plans to minimize passenger disruptions, facilitated coordination with TSA, airlines, and concessionaires, and maintained continuous communication between City staff, regulatory agencies, and project partners. Our team’s adaptability was crucial in addressing pandemic-era supply chain disruptions and evolving safety protocols without compromising progress or quality.
RELEVANCE TO THE PALM SPRINGS CONVENTION CENTER PROJECT > Multi-phase renovation of a high-traffic, public-facing facility requiring continuous operation > Integration of modern systems within aging infrastructure while preserving historic design features > Collaboration across City departments, design teams, and public stakeholders > Active coordination of construction in sensitive, occupied environments > Program-level project controls and change management supporting complex, multi-year delivery
5 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
City of Palm Springs, Public Library Renovation |
Palm Springs, CA / September 2025 - Ongoing
This $52-million project will renovate and modernize the historically significant ~35,470-square-foot Main Library building as well as the ~3,057-square-foot J.C. Frey Building. The work includes core infrastructure upgrades, exterior and interior repairs, system replacements, new glazing for both buildings, a new fire sprinkler system, and a seismic retrofit for the Main Library. This portion of the Project is funded by the State of California’s Building Forward Library Infrastructure Grant Program, with matching funds provided through the City’s Measure J program. In addition, City Council has approved expanded scope items including revised interior layouts, upgraded finishes, fixtures and equipment, expanded parking south of the library, and comprehensive landscape and site improvements.
The project also includes the extension of the center median along S. Sunrise Way between Ramon Road and E.
Baristo Road. Improvements will include a new northbound left-turn pocket serving adjacent residential access, landscaped medians with new irrigation tied to the existing system, and lighting for newly planted street trees.
As construction manager and owner’s representative, Accenture is responsible for managing and coordinating all aspects of project delivery, maintaining continuous oversight of construction activities and field operations. Accenture leads and directs the construction management team—including inspection, office engineering, scheduling, document control, environmental compliance, estimating, and safety—establishing clear roles, accountability, and appropriate staffing throughout the project lifecycle. The team actively monitors contractor performance against the CPM schedule, identifies and mitigates cost and schedule risks, and administers change management processes, including Independent Cost Estimates and payment verification.
Accenture maintains structured coordination with the Owner’s Project Manager and City stakeholders to facilitate timely resolution of RFIs, submittals, and nonconformance issues, supporting consistent progress and informed decision-making. The team applies disciplined controls to safeguard the project’s historic elements while delivering a predictable and well-managed outcome aligned with established cost, schedule, safety, and quality objectives.
In addition, Accenture manages and integrates the work of specialty subconsultants, including materials testing and commissioning providers, to support quality assurance and system performance requirements across the project.
Construction is anticipated to end in February 2027 with a reopening in Summer of 2027.
RELEVANCE TO THE PALM SPRINGS CONVENTION CENTER PROJECT > Coordination and partnership with the City of Palm Springs > Oversight of public-facing, operational facilities during construction > Coordination among multiple City departments and design teams > Emphasis on stakeholder communication, safety, and schedule adherence > Management of tenant improvement, hardscape, and building-system upgrade
6 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
Coachella Valley Association of Governments (CVAG), CV Link Multi- Modal Transporation Corridor Project | Coachella Valley, CA / January 2020 - December 2025
The $130 million-dollar CV Link is a transformative, 40+ mile multi-modal transportation corridor connecting Palm Springs to Coachella, providing a continuous pathway for bicyclists, pedestrians, and low-speed electric vehicles (LSEVs). Largely aligned along the Whitewater River and connecting to Tahquitz Creek and urban street networks, the corridor links residents and visitors to employment centers, schools, retail destinations, and recreational amenities. The project advances regional goals related to mobility, public health, emissions reduction, and economic development, while positioning the Coachella Valley as a leader in sustainable transportation.
The corridor integrates a range of infrastructure elements, including a 14-foot-wide concrete pathway, decomposed granite pedestrian trails, protected Class IV cycle tracks in urban areas, a new pedestrian bridge, retaining walls, and flood control channel improvements. Park-like features such as shade structures, benches, water fountains, lighting, and landscaping enhance user experience and activate the corridor as both a transportation and community asset. The alignment traverses diverse environments—including river corridors, city streets, and tribal lands—introducing complex design, environmental, and permitting considerations across multiple jurisdictions.
Due to funding constraints and right-of-way availability, the program was delivered through seven segments packaged into three construction groups, allowing phased implementation and early delivery of usable sections. Each package required distinct plans, specifications, and bid structures tied to specific funding sources. This phased approach accelerated construction while maintaining coordination across the full corridor. The program spans six cities—Palm Springs, Cathedral City, Palm Desert, La Quinta, Indio, and Coachella—along with multiple regional agencies, utilities, and three sovereign tribal nations, each with unique requirements and review processes.
Accenture served as the program and construction management partner for the CV Link initiative, leading planning, procurement, and delivery from bidding through completion. The team developed construction packages aligned with funding requirements, supported repackaging of bid items, updated design documents, prepared plans and specifications, and performed independent quantity take-offs and cost estimates. Accenture also developed package-level schedules and a comprehensive master schedule to maintain program-wide alignment and visibility.
In addition to technical management, Accenture coordinated a wide range of stakeholders, including municipalities, regulatory agencies, utilities, and tribal governments, facilitating consistent communication and resolution of interagency requirements. The program required management of multiple task orders, each tied to specific funding sources and tracked through individual work breakdown structures. Accenture also supported critical regulatory efforts, including securing California Public Utilities Commission approval for segments within Union Pacific Railroad right-of-way, advancing construction despite initial access constraints.
Through disciplined program management and coordinated stakeholder engagement, CV Link has progressed from a regional vision to a constructed, operational corridor, delivering multimodal connectivity across the Coachella Valley and establishing a framework for future extensions.
RELEVANCE TO THE PALM SPRINGS CONVENTION CENTER PROJECT > Management of large, open, public-facing facilities with continuous operations > Phased implentation of a seven segment program packaged into three construction groups > Coordination across multiple contractors, disciplines, and City departments > Emphasis on phasing, stakeholder communication, and operational continuity during construction > Urban expansion and connectivity that met regional goals related to economic development
7 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
Deborah Palmer, Project Manager, Selected Experience
Deborah Palmer brings unparalleled experience delivering convention center programs directly comparable to the Palm Springs Convention Center in scale, complexity, and operational demands. Throughout her career, she has led large, multi-phase convention center projects within active facilities, managing the unique challenges of event scheduling, phased construction, stakeholder coordination, and system integration. Her dual perspective as both an Owner’s Representative and General Contractor strengthens her ability to translate program-level decisions into effective execution while maintaining schedule and cost discipline. The select projects listed below demonstrate the depth of Deborah’s convention center experience and her proven capability to lead the PSCC renovation and expansion program successfully.
Las Vegas Convention Center – South Hall Expansion
($150M)
As Owner’s Representative for the Las Vegas Convention and Visitors Authority (LVCVA), Deborah oversaw the design and construction of the $150 million South Hall Expansion, a 1+ million square-foot addition to the existing Las Vegas Convention Center.
Acting as the interface between LVCVA and the general contractor, she managed construction progress, schedule adherence,
and risk mitigation efforts throughout the project lifecycle. Her responsibilities included monitoring quality control, resolving design and construction challenges, and facilitating communication among stakeholders to facilitate successful delivery of this major expansion to one of the world’s most active convention venues.
Massachusetts Convention Center Authority (MCCA)
As Program Director for Capital Projects, Deborah led
the strategic planning and delivery of the Massachusetts Convention Center Authority’s statewide capital program, overseeing more than 40 active projects annually across four major facilities, including the Boston Convention & Exhibition Center and Hynes Convention Center. Relocated to Massachusetts to serve as the primary client interface, she directed design and construction teams, managed budgets and schedules, and facilitated executive-level decision-making in coordination with MCCA leadership. Her oversight facilitated continuity of capital investment and facility upgrades.
Hawaii Convention Center ($200M)
Deborah served as Project Manager overseeing the mechanical, electrical, plumbing, and fire protection (MEPF) scopes of work for the award-winning $200 million Hawaii Convention Center, a 1.1 million square-foot design-build facility in Honolulu.
As a subcontractor to the prime builder, she was responsible for directing design coordination, construction execution, and labor oversight for all MEPF systems. Trades and subcontractors reported directly to her throughout the project. Deborah led a highly successful team through complex systems integration on a fast- tracked schedule, confirming high-quality delivery of this landmark civic facility, which has since received acclaim for its functionality, sustainability, and architectural excellence.
T A B
Staff, Teams
Qualifications and Experience
B
8 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
B.1 TEAM OVERVIEW AND APPROACH
Accenture’s staffing approach is right-sized, scalable, and program-driven, ensuring that the City of Palm Springs receives the appropriate level of expertise and support at each phase of the Palm Springs Convention Center Renovation and Expansion Program without unnecessary overhead. The model is built around continuity of leadership, anchored by a dedicated Project Manager, Deborah Palmer who serves as the City’s primary point of contact and maintains continuous responsibility throughout planning, design, construction, and closeout. This continuity preserves institutional knowledge, supports informed decision-making, and ensures consistent alignment with City objectives, policies, and operational priorities.
Supporting the Deborah is Accenture’s deep and flexible technical bench, including project controls specialists, construction managers, inspectors, environmental coordinators, and administrative support staff. These resources are deployed on an as-needed basis to scale staffing appropriately—expanding during periods of intensive design coordination or construction activity and contracting during less resource-intensive phases—while maintaining accountability, responsiveness, and quality. This structure allows Accenture to address evolving program needs efficiently without disrupting leadership continuity.
Accenture has assembled a team specifically structured to align with the three interdependent stages of the PSCC program—renovation, urban connectivity, and future expansion. The team is organized as an integrated program management structure, providing focused leadership for each stage while maintaining centralized oversight and accountability across the full lifecycle of the program. This approach reflects Accenture’s understanding that successful delivery requires not only strong individual contributors, but also deliberate coordination across design, construction, and stakeholder interfaces within an active convention center environment.
Intentionally structured to function as an extension of City staff, Accenture’s team integrates seamlessly with City departments, consultants, contractors, and facility operations staff. This collaborative model provides day -to-day support, technical expertise, and decision support while allowing the City to retain control over key policy and program decisions. The result is a flexible, disciplined staffing approach that combines experienced leadership, technical depth, and adaptability—positioning the City for effective execution across all stages of the PSCC program.
9 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
ORGANIZATION CHART
Our organizational structure reflects an integrated team approach, combining project leadership, technical specialists, and field staff who work collaboratively under a unified management framework. This model ensures efficient information flow, proactive issue resolution, and alignment with City objectives at every stage of the project.
VIDYA DIXIT
Project Controls
Manager
DEBORAH PALMER
Project Manager
LMN / O2 JV
Stage 1 & 3 STAGE 1
CONTRACTOR
Q3 2026 - Q4 2027
STAGE 2
CONTRACTOR
Q1 2028
STAGE 3
CONTRACTOR
(Option) Q3 2027
Assistant Project
Controls Manager
MULTI STUDIO
Urban Design
Stage 2 Connector
GLOBALMELK
Branding /
Way-Finding Stage
2 Connector
TYSON ATWOOD
Principal-in-Charge
FRED PARKER
Construction Manager
KENNY CASSADOS
Field Engineer
RACHEL HIGHLEY
Document Control
MARIO ESPINOZA
Assistant Construction
Manager
As-Needed Resources
LABOR COMPLIANCE | Adriana Sanchez
SPECIAL INSPECTION
COMMISSIONING / TESTING
HAZARDOUS MATERIALS
COST ESTIMATION | Andy Kleimola
YAGNIK PATEL
Assistant Project
Manager
10 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
B.2 KEY STAFF/TEAM
Program Leadership
Deborah Palmer will serve as the Project Manager for the Palm Springs Convention Center (PSCC) Program. She will be the primary point of contact for the City of Palm Springs, providing executive-level leadership, coordination, and oversight across all stages of the program.
PROFESSIONAL EXPERIENCE SUMMARY
Deborah Palmer brings over 30 years of experience delivering complex public-sector capital programs, with a focus on owner’s representation, program management, and construction leadership. Her experience spans multi-phase, operational environments requiring coordination across design, construction, and stakeholder groups.
Her experience includes:
> Owner’s Representation: 30+ years leading major capital programs and acting as trusted advisor to public agencies > Program / Construction Management: 30+ years managing multi-billion-dollar programs and complex delivery environments
> Public-Sector Capital Projects: Extensive experience delivering civic, institutional, and convention-related facilities exceeding $10 billion in total value
> General Contracting Background: 10+ years of hands-on experience in the field as part of a general contracting organization, providing practical, first-hand knowledge of construction means and methods, contractor coordination, and field execution.
She has successfully led:
> Renovations and expansions of major civic and convention facilities > Active public facilities, maintaining operations during construction > Multi-year, multi-phase capital programs involving multiple stakeholders and funding sources, and delivery methods.
RELEVANT PROJECT EXPERIENCE
1. Massachusetts Convention Center Authority – Statewide Capital Program (Boston, MA)
Role: Program Director – Capital Projects
Deborah directed a statewide capital program overseeing 40+ projects annually across three major convention center facilities: the Boston Convention & Exhibition Center (BCEC), the Hynes Convention Center, and the MassMutual
DEBORAH PALMER, CPM,
ASSOCIATE AIA
Project Manager/ Owner’s
Representative Lead
CERTIFICATIONS / EDUCATION
> Certified Project Manager
(CPM)
> Associate AIA (No.
30498505)
> Academic studies in:
> Industrial Sociology – University
of Pittsburgh
> Architectural and Art History
> Graduate Studies – UC Berkeley
> Construction Contract Law
11 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
Center She served as the primary client interface, leading design and construction teams, managing budgets and schedules, and providing executive-level decision support across a complex, multi-site program. The project had a total asset value of $700+M.
Relevance to PSCC Program:
> Direct oversight of multi-phase capital improvements within active convention center facilities > Program-level coordination across multiple projects, stakeholders, and funding streams > Maintenance of continuous operations while delivering concurrent capital improvements.
2. Las Vegas Convention Center – South Hall Expansion (Las Vegas, NV) Role: Owner’s Representative
Deborah led the Owner’s Representative effort for the 1.3 million SF expansion of the South Hall, overseeing both design and construction delivery within an active convention center environment.
The project included construction of four pedestrian bridges/connectors spanning Desert Inn Parkway, a major multi-lane arterial roadway, requiring complex coordination between design, construction, and public interface considerations.
Relevance to PSCC Program:
> Delivery of a large-scale expansion within an active convention center > Integration of connectivity infrastructure with facility operations > Coordination of complex phasing, stakeholder interfaces, and construction sequencing.
3. Hawaii Convention Center (Honolulu, HI)
Role: Project Manager (General Contractor Team)
Deborah served in a leadership role on the design-build delivery of the Hawaii Convention Center, the largest capital project undertaken by the State of Hawaii at the time. The project was delivered on schedule and under budget and received industry recognition for design and execution.
This project also established Deborah’s long-standing professional relationship with LMN Architects, the design lead for the Palm Springs Convention Center program.
Relevance to PSCC Program:
> Experience with design-build delivery and integrated design coordination > Proven ability to deliver complex civic facilities on time and under budget > Established working relationship with LMN Architects, supporting effective collaboration and coordination.
RESPONSIBILITIES ON THE PSCC PROGRAM
As Project Director, Deborah will be responsible for:
> Overall program oversight across all phases (renovation, connectivity, and expansion) > Consultant and contractor coordination, ensuring alignment across design, construction, and City stakeholders > Cost, schedule, and risk management, including implementation of robust project controls > Executive reporting and decision support, providing clear, actionable insights to City leadership > Stakeholder coordination, working closely with City departments, leadership, and community stakeholders.
LEADERSHIP AND COMMUNICATION STRENGTHS
Deborah has extensive experience working directly with City leadership, agencies, and executive stakeholders on high-profile public projects.
Her strengths include:
> Proven ability to manage competing priorities across complex, multi-stakeholder environments > Strong track record of proactive issue identification and resolution > Experience maintaining operational continuity in active public facilities > Ability to provide consistent leadership and institutional knowledge across multi-year programs. 12 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
TYSON ATWOOD – PRINCIPAL-IN-CHARGE
Tyson Atwood will serve as Principal-in-Charge, providing executive oversight and ensuring alignment with Accenture’s delivery standards. Tyson brings extensive experience in capital program leadership and will support the team in maintaining quality, consistency, and responsiveness throughout the program.
In this role, Tyson will:
> Provide executive
guidance and
strategic oversight
> Support issue resolution and escalation as needed
> Ensure adherence to Accenture’s quality
and delivery standards
Construction Management and Field Oversight
FRED PARKER, CCM – CONSTRUCTION MANAGER
Fred Parker will serve as Construction Manager for the Palm Springs Convention Center Renovation and Expansion Program, providing hands-on leadership for all construction activities in support of the City’s objectives. With more than 30 years of construction and program management experience, Fred brings proven expertise delivering complex, phased renovations within active, publicly occupied facilities.
He has led large-scale projects requiring precise sequencing, intensive stakeholder coordination, and public engagement—capabilities that are critical to maintaining operations and events at the Convention Center throughout construction. Fred has overseen multi-billion-dollar portfolios and is highly experienced with multiple delivery methods, including Design-Build, CMAR, and Progressive Design-Build, as well as contractor procurement and field execution. His deep knowledge of regulatory compliance—including DSA, CEQA, and federal standards— combined with a strong focus on risk mitigation, quality assurance, safety, and sustainability, positions him to manage construction effectively while ensuring that near-term renovation work supports long-term expansion readiness.
In this role, Fred will:
> Lead all construction management and on-site field
operations on behalf of the City
> Oversee contractor performance to verify
compliance with Contract Documents, City
standards, and safety requirements
> Manage phased construction sequencing to maintain
continuous Convention Center operations and
accommodate scheduled events
> Lead preconstruction and progress meetings;
document decisions, action items, and follow-up
> Review and manage submittals, RFIs, shop drawings,
and coordination with design consultants
> Monitor schedules, identify risks or delays, and
implement corrective actions as needed
> Oversee QA/QC activities, inspections, and testing to verify work quality
> Manage change orders and extra-work
documentation, including cost and schedule impacts
> Maintain complete and accurate construction
records, reports, and photo documentation
> Direct closeout activities, including punch lists, final inspections, as-builts, and turnover.
Fred’s continuity on the team creates familiarity and consistency, while his construction-focused leadership complements the program-level oversight provided by the Project Director.
MARIO ESPINOZA-
ASSISTANT CONSTRUCTION MANAGER
Mario will support Fred in day-to-day construction management and field operations, working closely with resident engineers to generate coordination, quality control, and timely resolution of field issues. He brings more than 35 years of construction management experience across complex public-sector and institutional projects, including aviation, healthcare, education, and emergency operations facilities.
Notably, Mario served in a senior construction management role on Long Beach Airport Phase 2, directing construction teams under a design-build contract that included a $26 million ticketing lobby, a $25.5 million CBIS facility, baggage and concessions buildings, public plaza improvements, and seismic retrofit of a historic terminal. His experience overseeing schedules, QA/QC, budgets, change orders, and complex technology systems—including security, fiber backbone, and airline operational infrastructure—
13 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
enables him to contribute immediately and provide consistent, reliable support to City staff and the project team throughout construction.
In his role as Assistant Construction Manager, Mario will:
> Support the Construction Manager with day-to-day
construction oversight and coordination
> Monitor contractor progress for compliance with
Contract Documents, approved plans, specifications,
and City standards
> Assist with preconstruction and progress meetings,
including agenda preparation, documentation, and
action-item tracking
> Review, track, and help coordinate submittals and
RFIs with design consultants and City staff
> Perform regular field observations and prepare
concise daily and weekly reports on progress, safety,
and coordination issues
> Support schedule monitoring and identify potential
impacts related to phasing, access constraints, and
active event operations
> Assist with quality control activities, including
coordination of inspections, materials testing, and
special inspections.
> Support change order and extra-work documentation,
including field verification and impact tracking
> Help minimize disruption to ongoing convention
center operations through coordination with
contractors and operations staff
> Maintain organized project records, correspondence
logs, and photo documentation
> Assist with closeout activities, including punch lists, final inspections, as-builts, warranties,
and turnover documents.
KENNY CASADOS – FIELD ENGINEER
Kenny will serve as the Field Engineer for the Palm Springs Convention Center project, supporting day-to-day field operations and working closely with the Construction Manager and Assistant Construction Manager to create effective coordination, quality control, and timely resolution of field issues. He brings over 10 years of experience supporting public-sector construction projects, with a strong background in field coordination, contractor oversight, inspection support, and documentation control.
Kenny is currently serving as the Field Engineer on the City of Palm Springs Public Library Renovation, where he supports construction activities within an active, community-facing facility—experience that directly parallels the operational and coordination demands of the Convention Center. His familiarity with City processes, consultants, and construction standards enables him to contribute immediately and provide consistent, reliable field support.
RACHAEL HIGHLEY – DOCUMENT CONTROLLER
Rachael brings more than 12 years of experience providing document control and administrative support on public-sector capital projects. In her role on the Palm Springs Convention Center project, she will manage project documentation, correspondence, and records to verify accuracy, traceability, and compliance with City requirements. Her responsibilities include tracking and distributing project correspondence, maintaining organized electronic files, recording meeting minutes, and supporting review and processing of project documents. Rachael also brings strong experience supporting labor compliance and funding requirements across locally, state-, and federally funded projects, ensuring documentation is thoroughly reviewed and aligned with applicable project and regulatory requirements.
ANDY KLEIMOLA – COST ESTIMATOR
Andy Kleimola brings nearly 40 years of construction experience, with a primary focus in cost estimating, preconstruction services, scheduling, and construction management. Andy has extensive experience with a wide range of construction contract delivery methods developed through work in general contracting.
These methods include Construction Manager at Risk (CMAR), CM Agency, Design-Build, CM Multi-Prime, and Public-Private Partnership (P3). Much of this experience was gained in sectors such as government/public works, aviation, light industrial and manufacturing, and education.
14 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
Project Controls and Program Support
VIDYASAGAR DIXIT – PROJECT CONTROLS LEAD
As the dedicated Project Controls Manager, Vidyasagar will provide centralized oversight of schedule, cost, risk, and reporting functions for the program. He brings strong expertise in coordinating plans, personnel, and resources to maintain control on complex projects with aggressive timelines. Vidyasagar is particularly effective in high-risk project controls environments, with deep capability in change order analysis, claims support, risk assessment, forensic scheduling, and impact analysis. His proactive, detail-driven approach helps early identification of cost and schedule risks, clear executive-level reporting, and well-supported recommendations that protect the City’s interests.
Vidyasagar’s responsibilities include:
> Development and monitoring of project schedules
> Cost tracking, forecasting, and change management
> Risk identification and mitigation tracking
> Preparation of program-level reporting for the City
Project Management Support
YAGNIK PATEL – ASSISTANT PROJECT MANAGER
Yagnik Patel is a highly capable Assistant Project Manager with more than ten years of experience in the construction industry. His background includes field supervision, construction safety management, project planning, and program coordination, giving him a well-rounded understanding of both field operations and project controls. Yagnik is currently supporting the Palm Springs Public Library Renovation, where he works closely with City staff, contractors, and the project team, and is familiar with the City of Palm Springs’ standards, procedures, and expectations. His hands-on experience and local familiarity make him a strong and dependable member of the PSCC project team.
Yagnik’s responsibilities include:
> Coordinate daily activities among contractors,
consultants, and City staff; track action items and
support the Project Manager.
> Manage RFIs, submittals, logs, and meeting minutes
to keep project information current and organized.
> Assist with field observations, monitor progress, and help resolve issues impacting schedule, quality, or
safety.
> Contribute to schedule updates, cost tracking, and
preparation of clear project status reports.
TEAM STRENGTHS
A recent example of Accenture’s ability to scale staffing responsively occurred on the Palm Springs Public Library Renovation, where elevated volumes of RFIs and change orders placed increased demands on the construction management team. In coordination with the City, Accenture supplemented the team with targeted support to manage contractor workload while remaining within the approved budget framework. This same scalable staffing strategy underpins Accenture’s approach to the PSCC program, with the team structured around the program’s three stages and supported by a deep, multidisciplinary bench. As project conditions, schedule drivers, and risks evolve, Accenture deploys additional inspectors, schedulers, cost estimators, environmental coordinators, or technical specialists as needed—maintaining responsiveness and efficiency without disrupting leadership continuity or accountability.
Specialized staff are drawn from Accenture’s regional and national pool of qualified professionals who are experienced in municipal standards, California public works requirements, and active facility environments. This flexible deployment strategy allows Accenture to provide targeted expertise when needed—whether for short-term surge support or longer duration assignments—while maintaining a consistent Project Director and core team as the City’s primary points of contact. As a result, the City receives the right expertise at the right time, enhanced responsiveness to changing conditions, and strong cost control by aligning staffing levels with actual program needs rather than fixed assumptions.
15 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
B.3 PARTNERS
Accenture Infrastructure & Capital Projects will serve as the City of Palm Springs’ primary Owner’s Representative and single point of accountability for the Palm Springs Convention Center Renovation and Expansion Program. Where specialized expertise or additional capacity is required to support specific elements of the scope, Accenture may partner with FIRMS who bring targeted technical capabilities, local familiarity, or surge capacity. All partners will operate under Accenture’s direction and quality standards, with Accenture retaining full responsibility for performance, coordination, and deliverables.
Proposed Partner Roles
Construction Inspection Support
TWINING, INC.
Firm Name / Location: Twining, Inc. / Palm Desert, CA
Role: Materials Testing, Inspection, and Geotechnical Support Expertise Relevance to Project: With more than 125 years of combined experience providing materials testing and inspection services throughout California, Twining brings deep expertise supporting civic, educational, and airport facilities, including occupied, high-traffic environments comparable to the Palm Springs Convention Center. Under Accenture’s Construction Management and Quality Assurance framework, Twining will perform construction materials testing and special inspection services related to concrete, soils, asphalt, steel, and other regulated elements, supporting code compliance and verification of work against approved plans and specifications. Their proximity to Palm Springs allows rapid response, on-demand field support, and familiarity with local soil conditions, material suppliers, and construction practices—an important advantage for a complex renovation and expansion program with phased construction and limited tolerance for disruption. Together, Accenture and Twining provide an integrated approach that supports timely testing, clear documentation, and effective coordination with designers, contractors, and City representatives throughout construction.
Past Collaboration: City of Palm Springs, Public Library Renovations ; City of Costa Mesa Fire Station No. 2; San Gabriel Valley Council of Governments, As-Needed Construction Management Commissioning
3QC, INC.
Firm Name/Location: 3QC, Inc/Pasadena, CA
Role: Commissioning and Testing
Expertise Relevance to Project: With more than 20 years of commissioning and facilities expertise, 3QC brings directly relevant capabilities to the Palm Springs Convention Center Renovation and Expansion Program, where success depends on reliable performance, system integration, and long-term operability within an active, public-facing facility. Having commissioned more than 70 million square feet of facilities representing over $30 billion in construction, 3QC supports Accenture by overseeing equipment testing, functional performance testing, and integration of inter -related building systems across all phases of delivery—from design through construction and turnover. Their experience in commissioning, energy and building audits, sustainability navigation, and systems testing complements Accenture’s program-level management by reducing start-up risk, supporting lifecycle performance, and facilitating coordination between new and existing infrastructure. This focused commissioning approach supports operational readiness, minimizes post-construction disruptions, and contributes to the long-term reliability and efficiency of the Convention Center.
Past Collaboration: City of Palm Springs, Public Library Renovations ; City of Fresno, 9-1-1 Call Center; Orange County Transportation Authority, Transit Security Operations Center
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Environmental and Hazardous Materials
ULTRA SYSTEMS ENVIRONMENTAL, INC.
Firm Name/Location: UltraSystems Environmental, Inc. / Irvine, CA Role: Hazardous Materials Services
Expertise Relevance to Project: As an enhancement to its team, Accenture is bringing on UltraSystems Environmental, Inc.to provide specialized environmental and hazardous materials expertise, strengthening the Palm Springs Convention Center project by supporting regulatory compliance, defensible documentation, and proactive management of environmental conditions across phased design and construction. UltraSystems Environmental, Inc. brings directly applicable expertise to the Palm Springs Convention Center Renovation and Expansion Program, where environmental compliance, hazardous materials coordination, and documentation defensibility are critical to maintaining schedule control and avoiding regulatory delays. With extensive experience preparing CEQA- and NEPA-compliant documents for complex civic, infrastructure, and transportation projects throughout California, UltraSystems supports Accenture by coordinating environmental clearances, technical studies, and phased analyses aligned with program delivery. Their multidisciplinary team— covering environmental planning, biological and cultural resources, geology, hydrology, and hazardous materials— supports identification and management of existing hazardous materials, construction-phase monitoring, permitting coordination, and regulatory compliance. This integrated capability is particularly valuable for a high- visibility, occupied public facility like the PSCC, where early identification and active management of environmental and hazardous materials conditions reduces schedule disruption, limits rework, and supports transparent, defensible decision-making throughout renovation, connectivity improvements, and future expansion phases.
Past Collaboration: City of Costa Mesa, Fire Station No. 2; San Gabriel Valley Council of Governments, As-Needed Construction Management; Riverside County Transportation Commission, I-15 SMART Freeway
COORDINATION WITH CITY CONTRACTED CONSULTANTS
Accenture recognizes that the City has already engaged architectural, engineering, urban design, and branding consultants for the PSCC program. Accenture’s role is to coordinate and manage these firms on the City’s behalf, ensuring aligning scope, schedule, budget, and deliverables, while protecting the City’s interests and maintaining clear communication across all workstreams. Accenture does not replace these consultants, but instead integrates their efforts into a cohesive, well managed program delivery framework.
PARTNER MANAGEMENT AND ACCOUNTABILITY
All partner firms will:
> Operate under Accenture’s established QA/QC, reporting, and documentation standards > Coordinate through Accenture’s Project Manager, Deborah Palmer and Construction Manager, Fred Parker > Comply with City requirements, public works standards, and applicable regulations.
This approach allows the City to benefit from specialized expertise and added capacity without added complexity, ensuring that Accenture remains fully accountable for successful implementation of the scope of work.
T A B
Demonstrated Understanding of
the Overall Project and Requested
Scope of Work
C
17 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
C.1 UNDERSTANDING AND APPROACH
Project Understanding
Accenture understands that the PSCC Renovation and Expansion is not simply a capital improvement program, but a complex, multi-phase operational undertaking that must be executed within an active, revenue-generating environment.
The success of this program will be defined by the ability to seamlessly integrate construction activities with ongoing operations while maintaining revenue continuity, public access, and user experience.
The City’s phased delivery strategy—advancing near-term renovations in parallel with broader planning, connectivity, and future expansion—introduces inherent complexity in governance, coordination, and decision-making. This approach requires disciplined program-level controls, real-time alignment across multiple design and stakeholder groups, and a proactive strategy for managing interdependencies between concurrent workstreams. Accenture recognizes that early alignment of scope, schedule, and operational constraints—combined with continuous coordination across City leadership, consultants, and facility operations—will be critical to mitigating risk and maintaining program momentum.
The program is structured across three interrelated stages, each with distinct drivers, risks, and coordination requirements:
Stage 1 – Renovation and Capital Improvements
(Q3 2026 – Q4 2027)
Stage 1 focuses on interior and exterior renovations and capital improvements delivered within an active, revenue generating facility. Construction will begin in Q3 2026 and extend through Q4 2027, requiring careful phasing and operational coordination.
Deborah and her team have developed a preliminary work plan that prioritizes early development of detailed phasing and logistics plans, aligned with event schedules, operational constraints, and revenue considerations. Construction activities will be strategically sequenced to preserve access, maintain functionality, and minimize disruption, with continuous coordination between the contractor, PSCC operations staff, and City stakeholders.Deborah Palmer’s experience leading the Massachusetts Convention Center Authority (MCCA) Statewide Capital Program, which had more than 40 concurrent projects across active convention center facilities informs the disciplined, operations-first approach Accenture will apply to the Palm Springs program.
Additionally, During the Long Beach Airport Terminal Area Improvements , Accenture maintained operational continuity by sequencing work in tightly coordinated phases, aligning construction activities with airport operations, and integrating continuous stakeholder communication within an active, high-security environment. This approach allowed critical passenger functions, circulation, and services to remain available while major renovations and system upgrades were executed concurrently.
Stage 2 – Urban Connectivity and District
Integration (Q2 2026 – Q3 2027)
Stage 2 progresses in parallel with Stage 1 and extends beyond traditional building renovations into urban planning, public realm design, branding, and user experience. This stage is led by specialized teams, including Globalmelk (urban design) and Multistudio (branding and wayfinding). While led by distinct design teams, Stage 2 must remain fully integrated with the broader program, including the renovation and future expansion efforts led by LMNo2. This requires proactive coordination across all design disciplines to verify consistency in functionality, user experience, and long-term vision.
Key milestones include:
> Q2 2026: Stakeholder workshops and initial engagement > Q3 2026: Public engagement and concept development
> Q4 2026 – Q2 2027: Design advancement and presentations to City leadership > Q3 2027: Design completion and transition toward implementation It is essential to have coordination between urban design, branding, and City stakeholders to verify connectivity improvements are fully integrated with facility operations, community goals, and future expansion planning. While managed as a distinct workstream, Stage 2 remains fully integrated with the broader program to provide consistency in functionality, identity, and long term vision.
18 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
Stage 3 – Future East Expansion
(Q3 2026 – Q4 2028)
Stage 3 will be advanced as funding is finalized but must be anticipated early to avoid future constraints.
Conceptual planning begins in Q3 2026, with design continuing through 2027 and construction extending from late 2027 through Q4 2028.
Accenture recognizes that the overlapping nature of these stages is intentional, enabling construction of high-priority renovations to proceed while planning, public engagement, and design for later phases advance in parallel. This approach places a premium on proactive scheduling, clear phasing strategies, and early decision-making to maintain momentum while minimizing impacts to ongoing conventions and major events. Coordination with facility operations—particularly around event blackout periods and seasonal constraints—is essential to preserve revenue and operational continuity.
The program relies heavily on third-party design consultants operating under not-to-exceed contract structures, heightening the importance of scope clarity, milestone-based oversight, and disciplined coordination. Accenture understands that design decisions made in early stages directly influence constructability, cost, and schedule outcomes across subsequent phases. Managing consultant performance, avoiding deferred coordination, and maintaining alignment with program objectives are critical to minimizing downstream risk.
Equally important, the Owner’s Representative serves as the central integrator among City departments, executive leadership, finance, facility operations, and external stakeholders. Accenture views this role as an extension of City staff—protecting the City’s interests, maintaining continuity of institutional knowledge, and guiding technical and sequencing decisions to remain aligned with operational needs and public expectations.
In summary, Accenture approaches the PSCC effort as a single, coordinated program rather than a collection of independent projects. Early renovations, urban connectivity planning, and future expansion are interdependent and must be actively managed to control risk, minimize disruption, and maximize long-term value. This program-level understanding informs the scheduling strategies, phasing plans, coordination framework, and project controls discussed in the sections that follow.
Program Management Approach
4.2.C DESIGN REVIEW AND CONTRACT ADMINISTRATION
Upon selection as Owners’ Representative, Deborah Palmer will meet with City leadership and Convention Center staff to develop a comprehensive Communication Procedures Manual and Workplan that establishes clear protocols, roles, and expectations for the duration of the Palm Springs Convention Center program. This workplan will define how information flows between the City, design teams, contractors, facility operations, and external stakeholders, creating a consistent framework for coordination across planning, design, construction, and closeout.
At a minimum, the plan will outline meeting structures and cadence, reporting formats and frequency, document control and information-sharing processes, decision-making pathways, escalation procedures, and public-facing communication strategies, including coordination on City and Owner co-representation. Particular emphasis will be placed on aligning communication with operational needs, event schedules, and stakeholder sensitivities inherent to an active convention center environment. By establishing these protocols early and maintaining them consistently, the Communication Workplan supports transparency, accountability, and timely decision-making throughout the program. A summary of this approach is illustrated in the Communication Workplan graphic above, which depicts key stakeholder interfaces and information flows across the PSCC program lifecycle. (a,e) Management of Design Firms
Design and construction meetings are treated as deliberate program-level control functions that maintain alignment with approved schedules, budgets, and overall PSCC program objectives. Participation focuses not only on monitoring progress, but on actively managing coordination between LMN o2 Architecture, Globalmelk, Multistudio, and the construction teams to limit inefficiencies, rework, and scope creep that could lead to cost escalation. Design meetings are used to track consultant deliverables against authorized scope and fee, support timely decision-making, and evaluate proposed refinements for cost, schedule, and constructability impacts before they advance into construction. Construction meetings provide a parallel forum to assess field progress, validate sequencing and phasing, and confirm that design clarifications or revisions are implemented in a manner consistent with operational and construction constraints.
Across all forums, Accenture manages LMN o2 Architecture, Globalmelk, and Multistudio as an integrated delivery team, holding each firm accountable to program priorities, contract requirements, and fee constraints. Potential 19 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
fee impacts, change exposure, and constructability risks tied to design decisions are identified early, discussed collaboratively, and tracked through established project controls. This approach reinforces alignment between design intent and execution while supporting proactive issue resolution and coordinated decision-making across architecture, urban design, branding, and construction disciplines.
Leadership for managing these firms is provided by Deborah Palmer, whose experience delivering major convention center programs brings direct value to the PSCC effort. Deborah previously served in a leadership role on the design-build delivery of the Hawaii Convention Center, the largest capital project undertaken by the State of Hawaii at the time, which was delivered on schedule and under budget and received national recognition for design and execution. That project also established her long-standing professional working relationship with LMN Architects, creating a strong foundation of mutual understanding, collaboration, and accountability that directly benefits the PSCC program. Drawing on this experience, Accenture coordinates the work of LMN o2 Architecture, Globalmelk, and Multistudio so architectural design, urban connectivity, branding, and operational considerations remain aligned, implementable, and fully integrated into a cohesive, well-managed program that advances the City’s long-term vision for the Palm Springs Convention Center.
(b) Co-Represent City
Accenture will co-represent the City of Palm Springs at project meetings as a fully embedded member of the Owner Project Team, functioning as a true extension of City staff to assure that the City’s interests are consistently protected and advanced. This role will be led by Deborah Palmer, whose experience as Program Director for the Massachusetts Convention Center Authority’s (MCCA) statewide capital program provides a highly relevant model for PSCC. In that role, Deborah directed 40+ concurrent capital projects annually across multiple active convention center facilities, serving as the primary client interface and working closely with executive leadership, engineers, finance staff, and multiple stakeholder groups. She successfully maintained continuous operations while overseeing multi-phase improvements, managing budgets and schedules, and supporting executive-level decision-making.
For the PSCC program, Deborah will bring this same hands-on, integrated approach—partnering closely with the Chief Economic Development Officer representing the City Manager’s Office, the City Engineer, the Finance Director, and other City departments as engaged—to present a unified City position, coordinate cross-departmental input, and translate City priorities into clear direction for designers and contractors. This approach creates continuity of leadership, informed decision-making, and delivery of the program in alignment with the City’s operational, financial, and economic development objectives.
(c-d) Stakeholder Coordination
Accenture brings a proven approach to coordinating with City department heads and communicating project progress to external stakeholders, grounded in Deborah Palmer’s leadership on some of the nation’s most complex convention center programs. As Program Director for the Massachusetts Convention Center Authority, Deborah routinely engaged executive leadership, operations, finance, engineering, and external stakeholders, providing clear reporting and facilitating informed decision-making across multiple funding streams. This same disciplined model was applied on the CV Link Multi-Modal Transportation Corridor Project , where Accenture coordinated six cities, multiple regional agencies, utilities, and sovereign tribal nations with distinct requirements and review processes.
Deborah’s experience as Owner’s Representative for the Las Vegas Convention Center South Hall Expansion further reinforces this capability, having led executive-level coordination, public interface management, and transparent reporting within an active convention center and highly visible urban environment. Drawing on this background, Accenture supports coordinated outreach and reporting for the PSCC program—providing clear, concise updates that align City departments and external stakeholders while maintaining focus on overall program objectives and operational continuity.
4.2.D PROJECT COORDINATION AND COMMUNICATION
Accenture will provide integrated project coordination, communication, and quality assurance services to support effective delivery of the Palm Springs Convention Center (PSCC) program across all phases. At project initiation, we will develop a program-wide Communication Workplan that clearly defines stakeholders, roles, decision pathways, and communication protocols for each design and construction workstream. This plan will identify City departments, project team members, facility operations, consultants, contractors, and external stakeholders, and establish how information is shared, escalated, and resolved to support timely decision-making and minimize disruption to Convention Center operations.
To implement this approach, Accenture will establish and manage a centralized SharePoint site for the PSCC program to serve as the system of record for project correspondence, reports, schedules, design documents, meeting materials, and approvals. This will streamline communication, improve transparency, and provide appropriate access to current project information for City staff, consultants, and partners while maintaining document control and version integrity. 20 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
Accenture will coordinate all project team members—including the Owner, design teams, facility management and staff, general contractor, financial consultants, and City departments—serving as the primary liaison to verify alignment
across scope, schedule, cost, and operational needs. Regular Owner Architect Contractor (OAC) meetings will be conducted and facilitated, with participation by City staff such as the City Engineer and Chief Economic De
velopment Officer, to confirm progress, address issues, and coordinate construction activities around ongoing events and operational requirements. Accenture will prepare agendas, facilitate meetings, document outcomes, and track action items to closure.
Project level and executive summary reporting will be prepared to keep City leadership informed of progress, key risks, schedule status, cost trends, and upcoming decisions. Accenture will also coordinate preparation and review of project documentation—including schedules, preliminary and final design documents, construction drawings, specifications, bid packages, and cost estimates—ensuring consistency with program objectives and approved scopes. Changes affecting scope, cost, or schedule will be clearly communicated to City stakeholders in a timely manner. See the graphic above for our communication workplan.
4.2.E PROGRAM COMPLIANCE AND QUALITY ASSURANCE
As part of Program Compliance and Quality Assurance, Accenture will review design submissions, perform constructability reviews, participate in interdisciplinary coordination, and monitor design and construction activities to support delivery within the approved schedule. Value-enhancing recommendations, including cost saving or value engineering options, will be provided while maintaining the City’s overall vision and goals. Accenture will oversee risk assessment and mitigation, initiate corrective actions when required, support final inspections and project closeout, and coordinate collection of warranties and owner’s manuals.
This structured, transparent approach—supported by a formal Communication Workplan, centralized SharePoint platform, and disciplined coordination—creates clear accountability, proactive issue resolution, and consistent alignment among all participants throughout the PSCC program.
The Palm Springs Convention Center program will benefit significantly from the combined experience of Deborah
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Palmer and Fred Parker, both of whom bring deep, complementary expertise in managing largescale, multiyear capital programs within active, highly visible public facilities. Deborah’s background delivering complex convention center programs—most notably leading the design-build delivery of the Hawaii Convention Center and major expansion efforts at the Las Vegas Convention Center—brings proven capability in integrated design coordination, operational continuity, and executive-level stakeholder management. Fred Parker’s experience overseeing multi-billion-dollar public sector capital programs, including higher education bond programs and large urban modernization initiatives, adds strength in program governance, phased delivery, regulatory compliance, and disciplined program controls.
Together, Deborah and Fred provide the PSCC program with seasoned leadership that understands how to align multiple projects, consultants, and contractors under a cohesive program strategy—maintaining schedule discipline, cost control, and quality while operating within complex stakeholder and operational environments. This depth of program-level experience means the City receives leadership capable of managing PSCC not as a collection of individual projects, but as an integrated program delivering long-term value and operational success.
4.2.F PROJECT CONTROLS
(a) Scheduling
We understand that the PSCC program will consist of multiple concurrent and sequential projects with varying levels of complexity, where on-schedule delivery is critical to maintaining operations, funding alignment, and stakeholder confidence. Our team brings extensive experience providing schedule management and controls services as an extension of Owner’s Project Management teams, utilizing industry-standard tools including Microsoft Project and Oracle Primavera P6 to manage complex, multiphase capital programs.
Schedule development begins through close collaboration with City staff, designers, contractors, and other stakeholders to establish a realistic, executable baseline schedule that reflects the full scope of work. This baseline accounts for all critical project elements, including early at-risk activities, design development, construction sequencing, testing and commissioning, interim turnovers, utility relocations, stakeholder coordination, and operational constraints associated with an active convention center. This collaborative approach builds shared ownership of the schedule and reinforces accountability across the project team.
Our on-time delivery methodology is built around the following key components:
> Clear definition of project baselines reflecting approved scope, phasing, milestones, critical path activities, inter project dependencies, and known constraints—establishing measurable performance benchmarks from initiation through closeout
> Use of lessons learned and actual performance data from current and completed projects to inform realistic durations and sequencing for future work
> Development of transparent schedules that identify risks and opportunities early, including coordination with third-party agencies and their approval processes
> Ongoing validation and updating of schedules based on field progress, milestone achievement, and emerging issues, with coordination among stakeholders prior to incorporation into the City’s overall program or master schedule
> Timely reporting to the City that includes schedule status, key variances, and forward-looking analysis in formats that support informed, proactive decision-making
> Review of contractor baseline, progress, and look ahead schedules for contractual compliance, logic integrity, and alignment with phasing and operational requirements > Performance of time-impact analyses to evaluate potential delays or claims, assess “what if” scenarios, and support recovery strategies when schedule slippage risks are identified.
In addition to schedule control, we bring strong capability in cost-loading project schedules to support the City’s financial planning and long-term cashflow forecasting. Schedules can be cost-loaded using approved budgets, schedules of values, and anticipated procurement and construction sequencing, allowing expenditures to be tied directly to schedule activities. This integration provides the City with a clear, time-phased view of projected spending needs across the program—supporting funding alignment, cashflow planning, and coordination with the City’s capital budgeting process. As schedules are updated, cost-loaded forecasts are refined to reflect actual progress, approved changes, and revised projections, ensuring the City maintains an accurate understanding of near-term and multiyear financial requirements for the PSCC program.
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(b) Program Budget Controls
In order for the City to succeed in responsible management of funds, our approach to cost management mainly focuses in providing transparency on budget status and the use of contingency funds. To achieve this, we take the following considerations:
> Financial management for the projects will center on specific contractual commitments and budgets, allocation of budget requirements, monitoring and identification of variations to the plans, assessment of the actual performance versus the plan, and the development of timely work-around corrections to guarantee program and project delivery success.
> The approved budget will form the baseline budget for the project, used as a performance metric during > project implementation.
> To maintain the most accurate project Estimate at Completion (EAC) at all times, our staff closely monitors the change management processes. As change items (potential change orders and change orders) migrate their way through the vetting/approval process and result in changes to the EAC, the budget/cost control staff validate reason coding, allocate funding to changes (per the previously established funding plan and/or updated cashflow forecast) and draws down (or add to) project contingency to balance the changes being processed. > Our controls team will perform budget analysis with reference to commitments, actual costs, and accruals. In coordination with the project managers, we will perform cost forecasting and provide reports on any variances. (c) Cost Estimating
Our Estimating team is committed to providing accurate, detailed, and timely cost estimates that align with the needs of the Palm Springs Convention Center (PSCC) program. We adhere to AACE International Cost Estimating Standards, ensuring consistency, transparency, and quality across all estimating deliverables. The team includes highly skilled professionals, including staff with Certified Estimating Professional (CEP) credentials, reflecting our dedication to industry best practices. Additionally, Accenture is
currently providing cost estimating and related project controls services for the City of Palm Springs at Palm
Springs International Airport and for the City of Palm
Desert, leveraging the same disciplined methodologies,
benchmarking, and validation approaches. This ongoing
work within the Coachella Valley further strengthens our understanding of local market conditions, cost drivers, and public sector expectations, providing direct benefit to the City’s PSCC program.
Our estimating methodology combines rigorous detail, market insight, and a collaborative approach, ensuring the project receives comprehensive, accurate cost information at every design stage. Our step-by-step approach includes:
1. Scope Definition & Document Review: Each estimate begins with a comprehensive review of all available design documents, specifications, and scope narratives. Our team works closely with the Owners and other stakeholders to clarify project objectives, identify deliverables, and create a full understanding of the project’s design and technical requirements.
2. Detailed Quantity Takeoff: We conduct precise, line-by-line quantity takeoffs for each scope item, using industry- standard software and methodologies. For early-stage estimates, we leverage conceptual estimating techniques based on historical data and current industry benchmarks, refining these quantities as the design advances. This step verifies that each component is captured accurately, forming a foundation for cost projections.
3. Market Analysis & Unit Cost Development: To reflect current market conditions accurately, our team conducts an in-depth analysis of labor rates, material costs, and equipment availability, both locally and nationally. We utilize our extensive project database to benchmark costs, adjusting for location-specific factors to make sure estimates are grounded in real-world, market-appropriate pricing.
4. Risk Assessment & Contingency Allocation: Recognizing the complexities of airport projects, we evaluate project risks in collaboration with the Owners and apply suitable contingencies based on the project’s stage and identified risk profile. This includes allowances for potential unknowns in early stages and refined risk allocations for final estimates, ensuring a comprehensive and resilient estimate.
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5. Quality Control & Peer Review: Every estimate undergoes a meticulous quality control process, where it is reviewed by senior estimators and other project experts. This peer review step means that calculations are precise, assumptions are validated, and potential errors are identified early. Our Project Controller for Estimating, Andy Kleimola, will oversee this critical step, bringing industry expertise and a high level of accountability to the process.
6. Estimate Presentation & Documentation: We prepare a clear and comprehensive estimate package that includes a Basis of Estimate (BOE) document, detailing assumptions, exclusions, and methodologies used. This documentation provides stakeholders with transparency and a full understanding of the estimate’s components, allowing informed decision-making.
7 . Estimate Reconciliation & Collaboration: Our approach emphasizes collaboration with all stakeholders during the estimate reconciliation phase, ensuring our numbers align with those from the builder, design team, and other independent estimators. Through this process, we facilitate discussions that address any discrepancies and clarify scope, unit pricing, and assumptions, resulting in a fully aligned, comprehensive cost baseline. (d) Request for Clarification Review
Accenture brings a proven, methodical approach to Request for Clarification (RFC) review, drawing on Deborah Palmer’s extensive experience administering complex convention center programs delivered under active operations. In her role as Program Director and as Owner’s Representative for major convention center expansions, Deborah routinely led RFC and RFI review processes involving multiple designers, contractors, and City stakeholders. She made sure that requests were clearly understood, properly vetted against contract requirements, budget and schedule impacts, and aligned with owner intent before recommendations were advanced for decision. This disciplined review process protected the owner from unintended scope expansion, cost escalation, and precedent-setting decisions, while still enabling timely responses required to maintain project momentum.
For the Palm Springs Convention Center program, Deborah and the Accenture team will apply this same structured, owner-focused RFC review approach—coordinating internally with City leadership and departments as necessary, confirming alignment with program objectives, and providing clear, well-supported recommendations that allow the City to respond efficiently while safeguarding its interests. (e) Project Files & Records
Accenture will maintain a complete, well-organized set of permanent Project files and records for the Palm Springs Convention Center program to create transparency, continuity, and long-term accessibility for the City. Acting as an extension of City staff, Accenture will establish and administer a secure, City -accessible SharePoint site at project initiation to serve as the central system of record for all project documentation. The SharePoint environment will be structured with standardized folders, naming conventions, version control, and access permissions to support efficient collaboration among City departments, designers, contractors, and consultants.
All key records—including contracts, correspondence, meeting agendas and minutes, schedules, cost reports, design submissions, approvals, RFIs/RFCs, change documentation, and closeout materials—will be logged, archived, and maintained in accordance with City requirements and public-sector best practices. This disciplined document management approach preserves institutional knowledge across phases, supports audit and public records needs, and allows the City to retain a complete, reliable project history through completion and beyond.
4.2.G ENVIRONMENTAL
Accenture understands that environmental due diligence is a critical component of large, multi-phase public facilities projects, particularly those involving aging infrastructure, phased construction, and subsurface work. For projects such as the Palm Springs Convention Center Renovation and Expansion, early identification and coordinated management of environmental conditions plays a key role in protecting schedule, controlling cost, and reducing regulatory and construction risk. Phase I Environmental Site Assessments (ESAs) are typically the starting point for establishing baseline site conditions, and Accenture has extensive experience coordinating Phase I ESAs on behalf of municipal owners. Our role focuses on appropriate scoping, clear communication of findings to City stakeholders, and translating potential Recognized Environmental Conditions into actionable project risks that inform design and construction planning.
When Phase I findings indicate potential subsurface concerns, Accenture routinely supports and coordinates Phase II ESAs, including subsurface investigations, soil and groundwater sampling, and laboratory testing. Phase II efforts are aligned with project phasing, utility investigations, and planned excavation activities to minimize disruption and avoid delays. Accenture coordinates investigation locations, testing protocols, and reporting schedules with designers and contractors so results can be incorporated directly into permitting strategies, design refinements, and construction means and methods. Where contamination is confirmed, Accenture has experience managing remediation and clean-up efforts within active capital programs—coordinating remediation design, waste management and soil 24 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
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handling plans, contractor oversight, and regulatory compliance—while emphasizing proportionate responses that address actual risk without unnecessary cost or schedule impacts.
To support this scope on the PSCC program, Accenture has partnered with UltraSystems Environmental, Inc., bringing specialized expertise in environmental investigations, remediation oversight, and regulatory coordination for California public-sector projects. Accenture and UltraSystems previously worked together on the City of Palm Springs Public Library Renovation, where both firms supported environmental due diligence and issue resolution within an active public facility. That experience established an effective working relationship that supports efficient coordination and timely response to unforeseen conditions. Under Accenture’s owner - representation framework, UltraSystems functions as a technical extension of the project team—supporting early due diligence and remaining available during construction to address unexpected discoveries. Together, Accenture and UltraSystems provide the City with a balanced, integrated approach to environmental management that supports regulatory compliance, public health, and predictable delivery of the Palm Springs Convention Center program.
Construction Management Approach
4.2.H CONSTRUCTION ADMINISTRATION AND INSPECTION
(a,b) Pre-construction and Construction Meetings
Accenture will arrange and conduct comprehensive pre-construction meetings for each PSCC project phase, bringing together the general contractor, architect of record, and key project and City stakeholders to establish a clear, shared understanding of scope, schedule, phasing, operational constraints, safety requirements, and communication protocols. Accenture will lead these meetings on the City’s behalf to align expectations from the outset and will prepare detailed meeting minutes documenting decisions, responsibilities, key action items, and follow- up requirements for distribution to all participants. During construction, Accenture will attend on -site construction meetings regularly and serve as the City’s on-the-ground representative—monitoring progress, facilitating issue resolution, and ensuring construction activities remain aligned with approved plans, schedules, and operational requirements of the active Convention Center. Accenture will also maintain complete and current on -site project documentation, including meeting records, correspondence, logs, and field reports, ensuring accurate, timely information is available to support informed decision-making and protect the City’s interests throughout construction. c. Provide and maintain sufficient field personnel to
administer the Project.
Effective staffing for the PSCC program begins in the
design phase, where early leadership, coordination, and continuity are essential to downstream success. Under
the leadership of Deborah Palmer, Accenture establishes project controls, staffing strategies, and operational
awareness from the outset so design decisions are
informed by constructability, phasing, and the realities of working within an active convention center. This early alignment of scope, schedule, and risk management
lays a strong foundation for construction and allows field teams to mobilize with a clear understanding of program objectives, site conditions, and operational constraints.
As the program transitions into construction, Accenture provides and maintains experienced field personnel
scaled to match the complexity, phasing, and activity
levels of each stage. On-site staff operate as an extension of City staff, providing daily oversight, monitoring progress, observing work for general compliance with contract documents, coordinating closely with facility operations, and facilitating clear communication between the City, designers, and contractors. Continuous on-site presence is critical in an active convention center environment where construction activities must remain aligned with event schedules, operational limitations, and life-safety requirements.
This sustained field oversight enables proactive risk management, rapid issue resolution, and protection of both ongoing operations and long-term capital investments.
Accenture also recognizes that complex projects can present unforeseen challenges, including difficult contractor performance, differing site conditions, or elevated volumes of RFIs and change requests that place additional demands on the construction management team. As demonstrated recently on the Palm Springs Public Library Renovation, Accenture has the depth of staff and project professionals to rapidly supplement the core team when
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conditions warrant. This ability to scale staffing on short notice allows challenges to be addressed directly and efficiently, without disrupting leadership continuity or accountability, and keeps the PSCC program moving forward even under demanding circumstances.
d. Daily Observation of Construction Activities
Accenture will conduct daily observation of construction activities at the Palm Springs Convention Center to monitor progress, workmanship, and general compliance with the approved contract documents and applicable codes and regulations. Through a sustained on-site presence, our field personnel will observe work in place, verify that construction sequencing aligns with approved phasing and operational constraints, and confirm that workmanship meets the intent of the design and established quality standards. Particular attention will be given to coordination in active public areas, life-safety conditions, and interfaces with ongoing convention center operations. When potential issues, non-conforming work, or emerging risks are identified, Accenture will promptly document observations, communicate findings to the contractor and design team, and recommend corrective actions or adjustments as appropriate. This proactive, daily oversight approach allows the City to identify and address issues early—reducing the likelihood of rework, minimizing disruption, and ensuring the PSCC project is delivered in accordance with City expectations for quality, safety, and operational continuity. e. Comprehensive Schedule and Procurement Review
Accenture will perform ongoing, detailed review of construction schedules to verify that activity sequencing, durations, submittal schedules, and delivery of long-lead materials and equipment remain realistic, coordinated, and aligned with the PSCC program objectives. Acting as an extension of City staff, Accenture will review baseline schedules and subsequent updates to confirm consistency with approved phasing plans, event blackout periods, operational constraints, and contract requirements. Particular attention will be given to critical path activities, interdependencies between building systems, and procurement timelines for long-lead items that could affect facility operations or overall program milestones. As construction progresses, Accenture will evaluate contractor schedule updates and revisions against actual field progress, identifying variances, emerging risks, or logic issues early. When necessary, Accenture will work with the contractor and design team to recommend corrective actions, recovery strategies, or schedule adjustments that protect the City’s interests, maintain operational continuity, and support predictable delivery of the Palm Springs Convention Center program. f. Daily Field Observation and Contract Compliance Documentation Daily observation reports will be issued documenting construction activities at the Palm Springs Convention Center, providing the City with a clear and consistent record of site and building conditions. Field personnel will conduct daily walkthroughs of active work areas and record observations related to progress, coordination, safety, and general compliance with approved contract documents. When conditions of noncompliance or potential deviation from contract requirements are observed, the applicable plans, specifications, codes, or contract provisions will be explicitly referenced to create clarity and traceability.
Daily reports will be prepared promptly and distributed to the City and relevant project team members, serving as an objective record of field conditions and a tool for early issue identification. Observations will focus not only on construction quality and sequencing, but also on interfaces with ongoing convention center operations, temporary protections, life-safety conditions, and adherence to approved phasing. Where corrective action is warranted, Accenture will document the issue, communicate it to the contractor and design team, and track follow-up resolution.
This disciplined daily reporting process supports transparency, protects the City’s interests, and reduces the risk of unaddressed deficiencies becoming larger cost or schedule impacts. For an active, high- visibility facility like the PSCC, Accenture’s daily observation reports provide the City with confidence that construction activities are being closely monitored and proactively managed throughout the duration of the program. g. Weekly Project Coordination and Progress Reporting
A structured weekly progress meeting process will serve as a core project control function, ensuring consistent communication, accountability, and forward momentum throughout construction of the PSCC program.
These meetings will be structured to review contract issues and procedures, construction progress, upcoming activities, RFIs, submittals, deficiencies, change orders, and schedule status, with particular attention to coordination challenges inherent in delivering work within an active convention center. Accenture will lead discussions to surface issues early, confirm responsibilities, and drive timely resolution in alignment with City priorities and operational constraints. Following each meeting, Accenture will prepare and distribute clear, comprehensive meeting minutes documenting discussions, decisions, action items, responsible parties, and required follow-up. This disciplined weekly meeting and reporting process provides the City with a reliable forum for issue management, supports transparency across the project team, and means that schedule, cost, and quality risks are actively managed and communicated as the PSCC program advances.
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h. Coordination of Convention Center Operations
Accenture will proactively assist with the coordination of Convention Center operations when construction activities require utility outages, noise control, traffic control, or enhanced security measures. Recognizing that the Palm Springs Convention Center must remain operational throughout the program, Accenture will work closely with City departments, PSCC operations staff, designers, contractors, and affected stakeholders to plan these activities well in advance. This includes identifying operational impacts early, aligning work with approved phasing plans and event schedules, and coordinating necessary permits or approvals. Accenture will help define outage windows, noise limits, traffic routing, and security protocols, ensuring these measures are clearly communicated and implemented in a controlled manner. By facilitating advance planning, cross departmental coordination, and clear communication, Accenture helps minimize disruption to facility operations, protect public safety, and maintain a positive experience for staff, visitors, and event users while construction progresses. i. Contractor Submittal Process
Acting as the central point of coordination, Accenture
will track submittals against the approved submittal
schedule, confirm completeness prior to formal review,
and route submittals to the appropriate project architect, design consultants, and City reviewers. Accenture will
consolidate and reconcile review comments to identify
and resolve conflicts, discrepancies, or ambiguities
before responses are issued to the contractor. Where
differing interpretations arise, Accenture will facilitate focused discussions among reviewers to achieve
alignment with design intent, operational requirements, and City priorities. This disciplined, coordinated review process helps avoid rework, prevents downstream
construction conflicts, and means submittals are
approved efficiently while protecting the City’s
interests and maintaining progress on the Palm Springs
Convention Center program.
j. RFC, Submittals, and Tracking
A structured, centralized tracking process will be used to monitor and manage all Requests for Clarification (RFCs), submittals, shop drawings, proposed change orders, and subsequent revisions throughout the PSCC program.
Acting on behalf of the City, a comprehensive tracking log will be maintained to record each item’s status, review responsibility, required response dates, and resolution history, providing the City with full visibility into review progress and outstanding actions at all times.
RFCs and RFIs will be logged, reviewed for clarity and contractual relevance, and routed to the appropriate design consultant and City reviewers. Accenture will track response timelines, identify potential scope, cost, or schedule implications early, and that final responses are coordinated and clearly documented before being issued to the contractor. Submittals and shop drawings will be tracked against the approved submittal schedule, with Accenture confirming completeness prior to review, coordinating consolidated comments, and monitoring resubmittals to closure.
Proposed change orders and revisions will be tracked from initial identification through evaluation, negotiation, and final disposition. Accenture will maintain clear linkages between RFCs, submittals, field conditions, and change requests to create transparency and prevent redundant or unauthorized changes. This disciplined tracking approach— supported by Share Point based document control and regular reporting—allows Accenture to proactively manage workflow, reduce review bottlenecks, and protect the City from unintended scope growth.
Through consistent tracking, clear documentation, and active follow up, Accenture certifies that all project communications and change related items are processed efficiently, resolved accurately, and aligned with the City’s objectives for cost control, schedule certainty, and operational continuity at the Palm Springs Convention Center. k. Change Order Management
The change management approach for the PSCC program is designed to be disciplined, transparent, and fully aligned with City interests. Proposed change orders and revisions are tracked from initial identification through evaluation, negotiation, and final disposition, with clear linkages maintained between RFCs, submittals, field conditions, and change requests. This structure creates full traceability, supports timely decision-making, and prevents redundant or unauthorized scope changes.
When a proposed change order is submitted, Accenture will perform a thorough evaluation of the contractor’s
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cost and time impacts, reviewing backup documentation, quantities, unit pricing, labor assumptions, and schedule effects for reasonableness and cost effectiveness. This review will be informed by field observations, contract requirements, and coordination with the project architect and design consultants to confirm whether the change reflects a legitimate scope modification, clarification, or corrective issue. Where pricing or scope appears excessive or unsupported, Accenture will work with the contractor to reconcile discrepancies and explore alternatives before recommendations are advanced.
All change activity will be documented and tracked using a CMIS based document control system, supported by regular reporting that provides the City with clear visibility into pending, approved, and rejected changes. Accenture will prepare concise, well supported recommendations for the City that summarize the basis for each proposed change, its cost and schedule implications, and its alignment with program objectives. This structured approach allows Accenture to proactively manage workflow, reduce review bottlenecks, and verify that change decisions are deliberate, justified, and aligned with the City’s financial and operational priorities for the Palm Springs Convention Center.
l. Testing and Commissioning
Acting as the City’s representative, Accenture will
integrate testing activities into the overall construction schedule, confirm testing protocols are established early, and verfiy testing is performed at the appropriate stages to support timely issue identification and resolution.
Accenture will work closely with specialty subcontractors to provide focused technical oversight where required.
3QC will support systems testing and commissioning,
including HVAC air testing and balancing and other
integrated building systems testing. Accenture will
coordinate 3QC’s activities with the contractor, design team, and facility operations staff to confirm systems are tested in accordance with design intent, performance
criteria, and operational requirements of an active
convention center. Accenture will track testing results, verify deficiencies are documented and corrected, and
means successful completion is confirmed prior to acceptance.
All testing activities, results, and corrective actions will be documented and maintained through Accenture’s centralized reporting and document control processes, providing the City with clear visibility and traceability.
Through this coordinated approach with 3QC, Accenture verifies that quality, system performance, and long-term operability are fully validated while protecting schedule, budget, and ongoing PSCC operations. m. Contract Cost Accounting and Financial Tracking
Accenture will apply a disciplined and transparent cost accounting and financial tracking process tailored to the Palm Springs Convention Center’s preferred delivery approach. Acting as an extension of City staff, all financial activity is documented, authorized, and aligned with the contract, approved budget, and City policies. At project initiation, Accenture will review and validate the contractor’s Schedule of Values to confirm appropriate cost allocation and suitability for progress measurement, followed by detailed monthly review of payment applications against verified field progress and approved materials on hand.
Change management receives focused attention throughout delivery, with all potential change events tracked from identification through resolution. Accenture will review entitlement, scope, and cost justification prior to City consideration, supported by independent cost evaluations and benchmarking as appropriate. A comprehensive cost management system will provide real-time visibility into the construction budget, including original contract value, approved and pending changes, contingency usage, and forecasted final cost. Through ongoing cost monitoring, trend analysis, and early identification of variances, Accenture will advise the City on financial risks and opportunities— supporting informed decision-making and effective cost control throughout the PSCC program. n. Cost Control, Monitoring, and Variance Reporting
A comprehensive cost control system will be developed and maintained to provide the City with continuous visibility into project financial performance. This system will include regular monitoring of actual costs for work in progress, forecasting of costs for remaining and uncompleted activities, and evaluation of proposed changes before they are incorporated into the program. Cost data from contractors, consultants, and field activities will be reviewed routinely to confirm alignment with approved budgets, schedules, and authorized scopes of work.
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Actual costs will be compared against estimates and budget baselines to identify variances early, allowing corrective actions to be implemented before cost impacts escalate. Variance analysis will consider unit price work, time and materials activities, change orders, and projected impacts to contingency and overall program budgets. Findings will be clearly documented and communicated to the City through regular cost reports that summarize current expenditures, forecasted final costs, identified trends, and potential risk items.
This disciplined cost monitoring and reporting process enables informed decision making, supports proactive financial management, and protects the City from unplanned cost growth. By maintaining up-to-date cost information and transparent variance reporting, the City is provided with the tools necessary to manage funding, evaluate alternatives, and that the Palm Springs Convention Center program remains financially controlled throughout delivery. o. Coordination of Specialty and Third-Party Consultant Services Accenture will serve as the central point of coordination—ensuring each consultant’s scope, schedule, and deliverables are aligned with overall project phasing, construction activities, and operational constraints of the active Convention Center. We will facilitate integration between these specialty services, the design team, contractor, and City departments to avoid duplication of effort, gaps in coverage, or conflicting requirements. Accenture will track consultant activities and reports, confirm timely completion of testing and inspections, and make sure results are communicated clearly to the project team and incorporated into construction decision-making. This coordinated approach allows the City to leverage specialized expertise efficiently while maintaining consistent oversight, protecting compliance, and supporting smooth execution of the PSCC program. p. Design Intent Clarification and Technical Coordination Contractor requests for interpretation or clarification of the meaning and intent of the project plans and specifications will be coordinated through a structured review process to create timely, consistent, and accurate responses. Acting on the City’s behalf, requests will be reviewed for completeness and contractual relevance before being forwarded to the project architect or design consultant for technical interpretation. Coordination between the design team, contractor, and City will be facilitated to resolve questions efficiently and make sure responses align with design intent, program objectives, and operational requirements of the Palm Springs Convention Center. All clarifications will be documented, tracked, and communicated through established project controls to maintain traceability, minimize misinterpretation in the field, and support continued construction progress. q,r. Progress Payment Review, Certification, and Verification Quantities of work completed will be actively tracked and verified to support accurate and defensible progress payments throughout construction. Accenture will compare reported quantities and percent complete against field observations, daily reports, approved schedules of values, and inspector input to confirm work has been properly installed and meets contract requirements. Clear procedures will be established for the submission, review, and processing of contractor progress payment applications, ensuring consistency, transparency, and adherence to contract terms.
Each progress payment application will be reviewed for accuracy by trade, including validation of quantities, unit price work, approved change orders, and retainage calculations. Discrepancies or unsupported quantities will be identified and coordinated with the contractor for correction prior to City review. Accenture will document review findings and provide a clear recommendation to the City supporting payment certification, ensuring payments are aligned with actual work performed. This disciplined approach protects the City’s financial interests while supporting timely contractor compensation and maintaining confidence in the progress payment process for the Palm Springs Convention Center program.
Monthly contractor payment applications will be carefully reviewed to confirm that billed amounts accurately reflect actual construction progress and percent complete by trade. Accenture will compare each payment application against field observations, approved schedules of values, progress reports, and daily and weekly construction documentation. Percent complete will be evaluated by trade to verify work has been properly completed, installed, and verified before payment is recommended. Accenture will also confirm that quantities, unit price work, and approved change orders are correctly incorporated and that retainage is applied in accordance with contract requirements.
Any discrepancies, unsupported progress claims, or inconsistencies will be identified and coordinated with the contractor for clarification or correction prior to City review. This disciplined payment review process verifies that progress payments are accurate, defensible, and aligned with actual work performed, protecting the City’s financial interests while supporting timely contractor compensation. s. Prevailing Wage Compliance and Reporting
Clear procedures will be established to verify contractor compliance with all federal and State of California prevailing wage regulations throughout the PSCC program. Acting on the City’s behalf, Accenture will confirm that prevailing wage requirements are clearly communicated to contractors at project initiation and incorporated into contract documents, construction meetings, and administrative workflows. Accenture will monitor compliance by reviewing 29 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
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certified payroll reports, spotchecking labor classifications and rates, and coordinating with City staff and inspectors to verify that work performed in the field aligns with reported payroll information. Any discrepancies or potential compliance issues will be promptly identified, documented, and elevated for corrective action in coordination with the contractor and the City. Additionally, Accenture will monitor the City’s Project Labor Agreements (PLA).
This proactive monitoring approach helps protect the City from compliance risk, supports fair labor practices, and certifies that the project delivery meets all applicable regulatory requirements. t. Commissioning Oversight and Building Systems Integration The project commissioning process will be actively monitored to verify that building systems are installed, tested, and integrated in accordance with the approved design and performance requirements. Acting on the City’s behalf, Accenture will coordinate commissioning activities with the contractor, design team, and facility operations staff to verify equipment testing, functional performance testing, and system integration occur at the appropriate milestones and in alignment with the construction schedule. Accenture will track commissioning tasks, review results for completeness and consistency with contract documents, and make certain deficiencies are documented, corrected, and successfully retested prior to acceptance.
3QC will manage the commissioning effort by providing specialized expertise in systems testing and commissioning, including HVAC equipment testing, functional performance testing, and verification of integrated building systems. 3QC will prepare and execute commissioning protocols, witness testing, document results, and identify performance gaps or deficiencies. These findings will be coordinated through Accenture, who will verify commissioning issues are properly communicated, tracked to resolution, and incorporated into the overall project record. Through this coordinated approach, Accenture and 3QC help make sure building systems perform as intended, support reliable long-term operations, and provide the City with confidence that the Palm Springs Convention Center is fully commissioned and ready for occupancy and use.
u. Special Inspections and Material Testing Coordination All required special inspections and material testing for the PSCC program will be centrally coordinated and actively tracked to verify compliance with project requirements, codes, and regulatory standards. Acting as the City’s representative, Accenture will integrate inspection and testing activities into the construction schedule, confirm that qualified consultants are engaged, and verify that testing occurs at the appropriate stages of work. Testing results and inspection reports will be reviewed for completeness and consistency with the contract documents, with deficiencies or nonconforming results promptly communicated to the contractor and design team for corrective action and documented follow up.
For hazardous materials-related inspections or testing, UltraSystems will provide specialized expertise, supporting identification, monitoring, and documentation of hazardous materials conditions encountered during construction.
UltraSystems’ involvement means that environmental testing and mitigation measures are performed in accordance with applicable regulations while minimizing risk to workers, the public, and ongoing operations. Accenture will coordinate UltraSystems’ activities with other testing and inspection consultants, maintain clear documentation of findings, and track resolution to closure. This coordinated, transparent approach verifiesall special inspections and material testing are completed efficiently and accurately, while protecting the City’s interests and supporting safe, compliant delivery of the PSCC program.
Twining will support the PSCC program by providing materials testing, inspection, and geotechnical services, working in close coordination with Accenture and the broader project team. Twining’s role will include construction materials testing and special inspections associated with concrete, asphalt, soils, and other structural elements, as required by the project. Accenture will coordinate Twining’s testing and inspection activities with construction sequencing and schedule requirements, track test results and reports, and make sure findings are promptly communicated to the contractor and design team. Where deficiencies or nonconforming results are identified, Accenture will facilitate resolution and confirm corrective actions are implemented and documented. Twining’s independent testing and geotechnical expertise, integrated through Accenture’s centralized coordination and reporting framework, provides the City with added assurance that materials and building systems are constructed in accordance with design intent, code requirements, and long-term performance expectations. v. Special Inspection and Material Testing Reports Reviews Special inspection and material testing reports will be systematically reviewed to verify conformance with the approved Project drawings, specifications, and applicable codes. Accenture will receive, log, and review all inspection and testing reports, confirming results are complete, properly documented, and consistent with contract requirements. Where discrepancies, deficiencies, or nonconforming results are identified, Accenture will coordinate directly with the contractor, design team, and appropriate testing consultant to clarify findings, confirm corrective 30 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
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actions, and track resolution to closure. Twining will provide materials testing, geotechnical support, and related inspection reports, which will be transmitted to Accenture for centralized review, coordination, and documentation.
For hazardous materials-related testing or inspections, UltraSystems will submit environmental reports directly to Accenture, supporting evaluation of compliance, risk mitigation measures, and regulatory requirements. Accenture will integrate reports from Twining, UltraSystems, and other specialty consultants into a consolidated project record, ensuring findings are clearly communicated, conflicts are resolved, and the City maintains full visibility into construction quality, compliance, and issue resolution throughout the PSCC program. w,x,y. Closeout, Punch List Management and Final Inspection Accenture actively manages the punch list process from Substantial Completion through Final Completion to confirm that all deficiencies are clearly identified, tracked, and resolved in a timely manner. Participation in Substantial and Final Completion inspections with the City, design team, and contractor allows punch list items to be documented, prioritized, and assigned with clear responsibility. Items are maintained in a centralized tracking log, with completion validated through follow -up field observations and coordination with the appropriate consultants. Re-inspections are coordinated as needed, and corrective work is reviewed for consistency with contract requirements, including resolution of documentation, testing, and closeout deliverables prior to advancing toward Final Completion.
As part of closeout, preliminary and final punch lists are developed through a structured process that aligns outstanding work with a defined completion schedule and operational needs of the facility. Final inspections and walkthroughs are coordinated with City staff, maintenance and service personnel, and the project architect/design consultant to confirm the facility is complete, functional, and ready for turnover. These walkthroughs emphasize system performance, maintenance access, operational interfaces, and long-term usability in addition to construction completion. Accenture facilitates follow -up activities, verifies closure of all outstanding issues, and provides the City with a clear, well-supported recommendation regarding readiness for final inspection—supporting an orderly transition to Final Completion and full operation of the Palm Springs Convention Center. z. Securing and Transmitting Required Documentation
All required guarantees, certifications, affidavits, leases, easement deeds, operating and maintenance manuals, warranties, and other closeout documents stipulated in the contract documents will be systematically collected, verified, and transmitted through a structured process. Acting on the City’s behalf, required documents will be tracked against contract requirements to confirm completeness, accuracy, and proper execution prior to acceptance.
Coordination will occur directly with the contractor, design team, and City departments to resolve outstanding items, clarify documentation requirements, and certified records are suitable for long-term operational and legal use. Final documents will be organized, indexed, and delivered in the agreed upon format, with copies incorporated into the City’s permanent project records. This disciplined documentation and coordination approach supports a smooth project closeout, preserves institutional knowledge, and makes certain the City receives a complete and reliable record set for future operations and maintenance.
aa. Final Payment Review and Retention Closeout
Final payment and release of retention will be reviewed and processed through a structured closeout verification process to verify all contractual, technical, and administrative requirements have been fully satisfied. Acting on the City’s behalf, final payment requests are evaluated to confirm completion of all punch list items, achievement of Final Completion, and receipt and acceptance of all required closeout documentation, including warranties, as-built drawings, operation and maintenance manuals, testing reports, and regulatory approvals. Payment applications are reviewed for accuracy and consistency with the contract, approved change orders, unit quantities, and prior payments, and retention release is validated through confirmed completion of work and resolution of deficiencies. Coordination with the project architect, inspectors, and City departments supports final acceptance and enables a clear recommendation regarding final payment, protecting the City’s financial interests and supporting a smooth project closeout. bb. Palm Springs International Film Festival (PSIFF)
The Palm Springs International Film Festival (PSIFF) is an annual showcase for the best in world cinema and represents a critical operational and economic priority for the City. In recognition of this, site availability will be proactively coordinated each year from December 15 through January 15 to fully support PSIFF operations. Festival requirements will be incorporated into project phasing and construction schedules well in advance through close coordination with City leadership, PSCC operations staff, event organizers, designers, and contractors. This planning includes establishing blackout periods, sequencing work so that all construction activities impacting festival operations are completed or paused as required, and ensuring affected areas are restored, cleaned, and fully operational prior to the start of the event. Contractor compliance with these requirements will be actively monitored through schedule reviews, 31 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
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field oversight, and coordination meetings, allowing conflicts to be identified and resolved early. By treating PSIFF as a fixed, non negotiable milestone within the program schedule, the City’s event operations, visitor experience, and the Convention Center’s reputation are protected while construction advances in a controlled and predictable manner.
OTHER SYSTEMS TESTING.4.2.I ASSET ASSESSMENT
Accenture has reviewed the City’s Asset Assessment (Attachment H) for the Palm Springs Convention Center and understands how the findings inform both near-term priorities and longer-term program risks. The assessment provides an important baseline of existing conditions, deferred maintenance issues, and system vulnerabilities that directly influence project phasing, constructability, operational continuity, and cost certainty. Insights from the Asset Assessment are incorporated into our program understanding (Section C.2) and directly inform our risk identification and mitigation strategies (Section C.3)—including risks related to aging infrastructure, system reliability, sequencing within an active facility, and coordination with ongoing operations and events. As the Owner’s Representative, Accenture will use the Asset Assessment as a living reference to help validate scopes, anticipate constraints, support informed tradeoff decisions, and prioritize improvements in a manner consistent with the City’s goals, funding approach, and long-term asset stewardship strategy.
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C.2 ADDITIONAL CONSIDERATIONS AND
INSIGHTS FOR THE CITY
Critical Construction Implementation Considerations
Beyond the core program delivery approach, Accenture has identified several critical considerations that are essential to successfully implementing the PSCC program within an active, high profile convention environment. The following considerations highlight the strategic elements essential to maintaining operational continuity, schedule control, and quality throughout construction.
PROGRAM-LEVEL THINKING
Accenture recommends managing the PSCC improvements as a single, coordinated program rather than a series of isolated projects. Given the multi -phase nature of the work, program -level oversight allows decisions made during planning, design, and early construction to be evaluated in the context of the full facility lifecycle. This integrated approach enables the City to balance cost, schedule, constructability, and operational impacts holistically resulting in reduced redundancy, optimized sequencing, and aligned near- term actions with long - term program objectives.
By aligning decisions across phases, Accenture helps the City avoid the rework and cost escalation that often occur when projects advance independently. Program -level management allows lessons learned, risk responses, utility strategies, and stakeholder commitments from early phases to inform subsequent work. Design assumptions, construction constraints, and operational requirements are tracked and validated across phases, minimizing downstream change orders caused by misalignment or loss of institutional context. This coordination is especially important within an active convention center environment, where phasing, event scheduling, and temporary operations require careful integration.
Equally important, Accenture maintains continuity of leadership and institutional knowledge throughout the program. A stable core team preserves decision history, stakeholder relationships, and an in-depth understanding of City priorities, site constraints, and prior approvals. This continuity supports faster issue resolution, more informed recommendations, and consistent representation of the City’s interests, resulting in smoother delivery and more predictable outcomes for the PSCC program as a whole.
STAKEHOLDER AND PUBLIC INTERFACE
Accenture recognizes that the PSCC is not only a construction site, but a highly visible public asset that must remain operational, accessible, and protected throughout delivery. Our stakeholder and public interface approach is built on proactive, structured coordination with facility operators, event organizers, downtown stakeholders, and adjacent property owners, acknowledging that each group experiences construction impacts differently. Effective delivery depends on anticipating these impacts and integrating mitigation strategies into project planning rather than reacting after disruptions occur.
Early and continuous coordination with facility operators and event organizers is central to this approach. Accenture works closely with operations staff to align construction activities with event schedules, load-in and load-out periods, visitor circulation, and life -safety requirements. This collaboration supports the development of phasing plans, temporary access routes, and work windows that protect event revenue, preserve the guest experience, and reduce last-minute conflicts. By engaging operational stakeholders early, potential issues are identified and addressed well in advance of construction activities.
Beyond the Convention Center, Accenture emphasizes clear, consistent outreach to downtown stakeholders and adjacent property owners to manage broader community impacts such as noise, traffic, access changes, and visual disruption. Transparent communication regarding upcoming activities, anticipated impacts, and mitigation measures builds trust, supports coordination, and helps maintain positive relationships throughout construction. This disciplined public interface strategy reduces disruption, mitigates reputational risk, and supports smooth delivery while preserving the Convention Center’s role as a premier regional destination.
OPERATIONAL CONTINUITY PLANNING
Recognizing the importance of uninterrupted operations at your convention center, Accenture has already begun developing a draft operational continuity plan to maintain uninterrupted operations throughout the program lifecycle.
We approach the PSCC program with the understanding that maintaining operations is as critical as delivering the capital improvements themselves. Operational continuity planning begins early, well before construction, so that project execution supports ongoing events, public access, and facility use. By treating operations as a primary 33 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
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project constraint rather than a secondary consideration, Accenture helps the City protect revenue, user experience, and the PSCC’s reputation throughout program delivery.
Early development of comprehensive phasing plans is central to this approach. Working collaboratively with design and construction teams, Accenture sequences work into logical, manageable phases aligned with facility operations.
Phasing plans account for functional adjacencies, building system dependencies, and life -safety requirements so construction zones are clearly defined and operational areas remain functional wherever possible. Potential conflicts are identified early and addressed through informed adjustments to scope, sequencing, or means and methods rather than reactive field changes.
In parallel, Accenture coordinates closely with PSCC operations staff to define event blackout periods and operational constraints driven by scheduled conventions and community events. Establishing these windows early allows construction activities to be planned around peak operational periods, limiting last -minute disruptions and enabling contractors to plan labor, deliveries, and disruptive work accordingly. Accenture also plans temporary access, circulation, and wayfinding strategies to maintain safe, intuitive movement for attendees, staff, vendors, and emergency services. Ongoing coordination with PSCC operations keeps these strategies current as conditions evolve, supporting smooth transitions between phases while advancing the City’s long-term improvement goals.
LONG-TERM VALUE AND FLEXIBILITY
Accenture’s approach to the PSCC program is grounded in long -term value creation, recognizing that decisions made during design and construction will shape the City’s ability to adapt, expand, and remain competitive for decades. All recommendations are evaluated through a lifecycle lens so current investments support future needs without driving premature or costly reinvestment.
From a planning and design perspective, Accenture emphasizes strategies that promote future expansion and adaptability, including careful consideration of building systems, structural capacity, utility infrastructure, and site layout. Anticipating growth and change early preserves flexibility, avoids constraints created by narrowly phased decisions, and allows future enhancements to be implemented efficiently with minimal operational disruption.
Equally important, Accenture prioritizes total lifecycle cost over initial construction cost alone. In collaboration with City staff and design consultants, materials, systems, and construction methods are evaluated for durability, maintenance requirements, energy efficiency, and long-term performance. This value-driven approach reduces total cost of ownership, supports sustainable operations, and aligns capital investments with evolving technology, event formats, and attendee expectations. This positions the PSCC to remain a premier destination while maximizing the City’s long-term return on investment.
PRE-CONSTRUCTION INVESTIGATION AND PLANNING.
We recommend that the City undertake a deconstructive investigation of existing conditions to better inform the design and significantly reduce unknowns. Accenture would partner with the Design Team and the City to procure a qualified contractor and oversee this effort. Based on our experience on similar projects, this approach has proven highly effective in obtaining more competitive bids on bid day and reducing the potential for change orders during construction.
RECOMMENDED CONSULTANT ENGAGEMENT STRATEGY.
To support the City in advancing design readiness and risk mitigation, Accenture recommends engaging specialized consultants with the technical expertise needed to assess existing facility conditions and inform renovation planning. > Environmental Consulting Firms: Hire certified environmental consultants to conduct Phase I and Phase II Environmental Site Assessments, including comprehensive hazardous material surveys for asbestos, lead paint, PCBs, and other materials common in 1960s construction
> Structural Engineering Consultants: Engage independent structural engineers to perform detailed assessments of existing building systems, foundation conditions, and seismic compliance requirements > MEP Engineering Consultants: Retain mechanical, electrical, and plumbing specialists to evaluate existing utility systems, capacity limitations, and infrastructure adequacy for modern convention center operations > Building Envelope Specialists: Employ consultants to assess roof, exterior wall, and weatherization systems for performance and code compliance. This is usually part of A/E scope. 34 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
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IMPLEMENTATION THROUGH QUALIFIED CONTRACTORS.
Accenture can coordinate with the City to engage properly licensed and certified contractors to implement the recommended remediation and improvement work. This two-phase approach means that:
> Independent expert evaluation informs all design and construction decisions > The City receives unbiased recommendations not influenced by contractor self-interest > Proper documentation exists for insurance, warranty, and regulatory compliance purposes > Competitive bidding can occur based on clearly defined scope and specifications.
CONSTRUCTION DELIVERY METHOD SELECTION.
Accenture has extensive experience managing both CMAR and Design -Build procurements for complex, occupied public facilities, including airports and large civic programs delivered in active environments. Through this experience, we understand how each delivery method performs under varying operational, schedule, and risk conditions.
For the PSCC program, Accenture will help the City evaluate the relative advantages and trade -offs of CMAR and Design-Build, including risk allocation, pricing certainty, design flexibility, schedule acceleration, and operational coordination. Drawing on lessons learned from comparable programs, we will facilitate informed discussion with City leadership, align delivery method selection with operational and funding priorities, and support procurement strategies that best accommodate phased construction, early contractor involvement, and continuity of convention center operations—allowing the City to make a confident, well-reasoned delivery- method decision.
TEMPORARY FACILITY AND OPERATIONAL CONTINUITY PLANNING
Develop comprehensive strategies during construction in order to avoid interruption during. This might include:
> Temporary outdoor event structures for displaced functions > Modular meeting room facilities that can be relocated as construction progresses > Alternative venue partnerships with nearby hotels or facilities > Enhanced audio-visual and technology infrastructure in remaining operational spaces > Dedicated temporary loading, parking, and access routes.
SPECIALIZED CONSTRUCTION SEQUENCING.
Convention center renovations require specialized phasing strategies that differ from typical building projects.
Options can include:
> Schedule disruptive work (demolition, major mechanical installations) during traditionally slow booking periods > Create “construction buffer zones” between active work areas and operational spaces > Utilize specialized convention equipment (retractable seating, movable walls, stage rigging) > Coordinate utility shutdowns with advance notice to event organizers and existing bookings.
TECHNICAL IMPLEMENTATION INSIGHTS
Accenture will assist the City in overseeing and coordinating the convention center’s technology infrastructure strategy. We will work with the selected A/E team to verify that oversized conduit systems and empty pathways are included to accommodate future upgrades. Recognizing that technology evolves rapidly and systems considered cutting-edge today may be obsolete within five to seven years, we will help enable the A/E design to incorporate electrical and data infrastructure with 50–100% excess capacity and accessible routing, protecting the City from costly disruptions during future renovations.
Our team will also monitor and advise on acoustic and vibration control measures, verifying that the A/E team incorporates solutions beyond standard building requirements. Convention centers host diverse events with varying noise levels, and if not properly addressed, renovation construction can create long-term acoustic challenges. We will coordinate with the design team on vibration isolation for mechanical equipment, acoustic separation between multi-use spaces, sound masking systems for open areas, and specialized acoustic treatments tailored to event types. Similarly, we will oversee the A/E team’s work to confirm that HVAC, electrical, and life safety systems are designed with redundancy appropriate for mission-critical facilities. By validating that backup systems, redundant pathways, and bypass capabilities are included, we will help the City safeguard against operational disruptions. In addition, Accenture will review material selections with the City to verify they meet the durability needs of a high- traffic convention environment, including heavy equipment use, high-volume foot traffic, frequent cleaning, and 35 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
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extensive food service operations.
PROCUREMENT AND SUPPLY CHAIN CONSIDERATIONS
We will assist the City in identifying and procuring specialized convention equipment early in the process, such as retractable seating systems, movable partitions, stage rigging, and large-scale AV systems, which often have long lead times. Our team will also assess local market capacity for specialized trades and advise whether pre-qualification or sourcing from larger metropolitan areas is needed for areas like commercial kitchen installation, specialized AV, or high-end finishes.
To further protect the City, we will help implement contract mechanisms to address material escalation risks, particularly for steel, concrete, specialized equipment, and custom architectural elements.
REGULATORY AND COMPLIANCE IMPLEMENTATION
Accenture will support the City in developing a phased permitting strategy to align approvals with construction milestones. We will assist the City and the design team in managing building code upgrades in a way that avoids unnecessary delays. We will also oversee the integration of new and existing life safety systems, such as fire alarms, sprinklers, egress, and mass notification, verifying that the A/E team’s plans protect City operations during construction. Finally, we will support the City in shaping an ADA compliance strategy that not only meets minimum code but exceeds it, positioning the convention center as an industry leader in accessibility and inclusivity.
QUALITY CONTROL AND TESTING PROTOCOLS
Our team will implement an oversight framework to verify that the A/E and construction teams carry out a staged commissioning process for all building systems. This will include HVAC balancing, AV performance testing, food service equipment certification, and security integration. We will also require full-scale mock-ups of critical architectural and technological elements to confirm performance prior to final installation, enabling the City to validate results before full deployment.
RISK MANAGEMENT FRAMEWORK.
Accenture recognizes that risks such as noise, dust, vibration, site access limitations, utility disruptions, and life safety challenges must be carefully managed to protect ongoing operations. We will establish a comprehensive risk matrix (see table in Section C.3), assign ownership, and develop mitigation strategies with the City and the project team.
Critical risks such as cost escalation will be elevated to executive oversight and addressed with weekly budget reviews and procurement specialists. High risks such as safety, fire marshal coordination, and night work will be managed by dedicated leads with detailed protocols, while medium-level risks such as wayfinding and community sensitivity will be handled through standard project controls and proactive communication. 36 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
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C.3 KEY/CRITICAL ISSUES AND MITIGATION
STRATEGIES
Accenture has identified several critical program risks specific to the PSCC delivery structure and has developed targeted mitigation strategies aligned with the City’s contracting framework.
Critical Issue: Managing Third-Party Design Consultant Performance Under a Not-to-Exceed Contract Structure
The successful delivery of the Palm Springs Convention Center program depends in part on effectively managing third-party design consultant performance within a not-to-exceed (NTE) contract structure, where scope control, decision timing, and level of effort require careful oversight. While NTE contracts provide cost certainty, they can also introduce risks related to incomplete coordination, deferred analysis, or misalignment between design progress and program needs if not actively managed. Accenture recognizes this as a critical issue and approaches consultant oversight with a disciplined focus on scope clarity, accountability, and alignment with program-level objectives—ensuring design services are fully optimized to support cost, schedule, constructability, and long-term value for the City.
ISSUE DESCRIPTION
The Palm Springs Convention Center Renovation and Expansion program involves a multi-disciplinary design team — LMN/o2 Architecture, Globalmelk, and Multistudio — each contracted directly with the City under separate professional services agreements totaling $2,250,000 in combined design fees. Accenture as Owner’s Representative , will manage the day-to-day performance of these consultants, coordinate their work products, and protect the City’s interests across design, community engagement, and construction phases. However, Accenture holds no contractual authority over any of the three design consultants. Having reviewed all three PSAs, we can state with precision what this means in practice: all formal direction to the design consultants — written default notices, scope change authorizations, purchase order approvals, and termination decisions — flows through the City Manager or their designee as Contract Officer, not through Accenture. This is a defining structural condition of the engagement and the primary driver of program management risk.
Under a not-to-exceed compensation structure, this condition creates a specific exposure: Accenture’s labor cost accumulates continuously regardless of whether the design consultants are performing to schedule and scope.
Design delays, quality deficiencies, scope expansions, and public engagement iterations all generate additional coordination effort — effort that is not offset by a corresponding reduction in what the design consultants owe the City. Left unmanaged, this condition can result in Accenture absorbing cost consequences for performance failures that originate entirely outside its control.
Having reviewed the actual contract terms — rather than working from general assumptions — we can now identify specific structural conditions that compound this risk and require proactive management.
STRUCTURAL RISK CONDITION 1: SCHEDULE MISALIGNMENT ACROSS THE THREE PSAS LMN/o2’s contract (25Q414) was executed November 13, 2025. The Globalmelk and Multistudio contracts (25Q441 and 25Q442) did not become effective until January 1, 2026. The Globalmelk and Multistudio scopes both specify a work completion date of December 31, 2027, even though the overall program runs through December 31, 2028.
This means Accenture will be managing three contracts on different completion timelines, with a meaningful risk that the urban design and branding work wraps up while construction activities — and Accenture’s coordination obligations — continue for an additional year. If Globalmelk’s District Improvements scope delivers its final work product in December 2027 as scheduled and district construction complications arise in 2028, the City may have exhausted that contract’s fee capacity precisely when construction administration and change order resolution are most intensive.
STRUCTURAL RISK CONDITION 2: UNDETERMINED SCOPE IN LMN/O2’S THREE-STAGE STRUCTURE LMN/o2’s contract covers three stages — Stage 1 (Interior Renovations and Miscellaneous Capital Projects), Stage 2 (East Expansion), and Stage 3 (Master Plan Update) — under a single $1,000,000 NTE. However, the contract specifies that work proceeds on an hourly, task-order basis, and Stage 3 work commences only upon issuance of a Notice to Proceed, with no fixed start date. This means that a significant portion of LMN/o2’s authorized fee is not yet committed to a defined scope of work. Accenture must understand how much of the $1,000,000 has been expended or encumbered against Stage 1 work since the November 2025 contract effective date, and what the remaining available fee is across all three stages. If Stage 1 interior renovation work burns through a disproportionate 37 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
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share of the NTE before Stage 2 design begins, the City faces a choice between a contract amendment (adding fee) or scope reduction — a decision Accenture should be positioned to inform with data well in advance of the crisis.
STRUCTURAL RISK CONDITION 3: DEPENDENT DELIVERABLES BETWEEN GLOBALMELK AND MULTISTUDIO Globalmelk’s scope requires development of the District Kit of Parts “in concert with Brand Identity,” and Multistudio’s scope explicitly identifies deliverables produced “in collaboration with the Urban Design deliverables.” Both contracts are compensated independently via hourly purchase orders, but neither contract contains a mechanism for resolving disputes about which firm is responsible for the joint deliverable if one party falls behind. Accenture must establish a clear coordination protocol between these two firms at mobilization — including a shared milestone schedule for joint deliverables — and must monitor that protocol monthly. If one firm’s progress stalls and the other is blocked, Accenture’s coordination workload increases significantly. Identifying this condition early and escalating to the City’s Contract Officer allows the City to exercise its contractual authority (including cure notice provisions requiring 10- day response) before a joint deliverable bottleneck becomes a schedule crisis.
ELEMENT 1: PRE-MOBILIZATION CONTRACT REVIEW AND SCHEDULE BASELINE Within the first 30 days of contract award, Accenture will conduct a thorough review of PSAs 25Q414, 25Q441, and 25Q442 to document each consultant’s contracted deliverable schedule, milestone structure, fee allocation, purchase order issuance history, and current progress. Our preliminary review has already identified several baseline conditions requiring immediate attention, as described above. The formal written baseline assessment — delivered to the City within 45 days of contract award — will establish the current status of each design contract and document any existing variances between contracted commitments and actual progress. Given that LMN/o2 has been operating since November 2025, this assessment will specifically address how much of the $1,000,000 NTE has been authorized or expended, what deliverables have been produced or are in progress, and whether the Q2 2026 Stage 0 stakeholder engagement and the June 2026 construction commencement remain achievable as currently paced.
ELEMENT 2: DEFINED NTE ASSUMPTIONS AND AMENDMENT TRIGGERS The LMN/o2 Stage 1 interior renovation design is finalized and construction commences no later than Q3 2026 as planned, with Stage 1 construction complete by February 2027. The Globalmelk urban design process proceeds through stakeholder engagement, public engagement, and design development without more than one significant City-directed restart or scope redirection, with construction documents complete or contracted to a follow-on firm by Q1 2027 as reflected in the milestone schedule. Multistudio’s branding and marketing work proceeds in parallel with Globalmelk’s urban design deliverables and does not experience scope disconnects between the two independent contracts that require Accenture-mediated resolution beyond normal coordination. The number of Owner-Architect-Contractor meetings does not exceed an average of two per month during design phases and four per month during active construction phases. Design consultant purchase order submissions and supporting progress reports are provided to Accenture within five business days of the City’s request. All three consultants’ key personnel, including specifically Jerry van Eyck as Globalmelk’s designated principal, remain actively engaged throughout the engagement without unauthorized substitution.
When any of these assumptions is materially exceeded due to causes outside Accenture’s control, we will present the City with a documented variance analysis within 30 days of the triggering condition and may request a contract amendment for additional Accenture services. We will not submit an amendment request without first providing the City with a written explanation of the cause, Accenture’s labor impact, and options for managing the condition — including ways to reduce Accenture’s scope in other areas to offset the additional cost if the City prefers to maintain the overall NTE.
ELEMENT 3: MONTHLY PERFORMANCE TRACKING AGAINST BASELINE Accenture will maintain a live design consultant performance dashboard, updated monthly and included in our standard project reporting to the City. This dashboard will track each consultant’s purchase order utilization and remaining NTE balance, deliverable completion against contracted milestones, joint Globalmelk/Multistudio deliverable status or schedule extension requests, and key personnel engagement on all three contracts. Flag conditions will include any purchase order approaching 80% utilization without a clear path to the next task authorization, any consultant falling more than 30 days behind a contracted milestone without a documented recovery plan, and any indication that the Globalmelk December 2027 completion date may not align with actual construction administration needs. This reporting is not punitive — its purpose is transparency and early intervention, not blame assignment. But having the documentation current and accurate protects the City, protects Accenture, and gives both parties the information they need to make good decisions quickly.
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ELEMENT 4: STRUCTURED ESCALATION PROTOCOL
When a design consultant performance issue cannot be resolved at the working level — meaning at the OAC meeting or through direct PM-to-PM communication — Accenture will escalate the issue in writing to the City’s designated Contract Officer within five business days. The written escalation will include a description of the issue, a summary of resolution attempts to date, a recommendation for City action, and a projected Accenture labor impact if the issue is not resolved within a defined timeframe.
The City’s contractual tools for managing consultant performance are clear: all three PSAs authorize the City to issue a written notice of default, require a 10-day cure period, and permit termination for cause if the default is not remedied. The City may also withhold payment pending satisfactory performance and, in a termination-for-cause scenario, take over the work and hold the consultant liable for completion costs exceeding the NTE. Accenture’s role is to make the City’s exercise of these existing contractual rights as informed, timely, and effective as possible. The approach keeps the City from being in a position where a design performance problem has been accumulating for weeks without their knowledge.
ELEMENT 5: EXPLICIT SCOPE BOUNDARY MAINTENANCE
Accenture will maintain a clear distinction between managing design consultant performance and substituting for it.
The risk of scope substitution is elevated in this program because of the dependent deliverables between Globalmelk and Multistudio, and because LMN/o2’s three-stage structure means that the boundaries of authorized work are regularly renegotiated through the purchase order process. There will be circumstances — particularly during the public engagement phases of the Globalmelk urban connectivity work, and during the joint Kit of Parts/Brand Identity development — where filling a gap created by a design consultant’s delay would be faster or more convenient than managing the consultant’s performance. We will resist this substitution in all but emergency circumstances, and when substitution is necessary to protect the City’s interests, we will document it as an out-of-scope service and present it to the City for authorization and compensation.
SUMMARY
The pre-contracted design consultant structure is not an obstacle to successful program delivery — it is a condition to be managed with clarity, discipline, and a well-defined working agreement between the City and Accenture from the first day of the engagement. Having reviewed the actual contract terms across all three PSAs, Accenture enters this engagement with a clear picture of the specific structural risks involved: a $2,250,000 design program operating across three independent contracts with different effective dates, different completion timelines, interdependent scope responsibilities, purchase order-based task authorizations, and no existing mechanism connecting Accenture’s oversight to consultant performance accountability. These are knowable, manageable conditions — but only for a team that has done the homework before mobilization. We have. Accenture brings both the methodology and the experience to navigate this condition effectively, and we are committed to establishing the contractual and operational framework that protects the City’s investment throughout the life of this program.
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Risk Register
Risk Risk Description Impact Likelihood Severity Mitigation Measures Owner Maintaining
Operations
During
Construction
Construction activities may
disrupt scheduled events and
ongoing PSCC operations.
Loss of event
revenue,
operational
conflicts, reduced
stakeholder
confidence.
Medium High
> Detailed phasing and sequencing plans aligned
with operations
> Event based scheduling constraints and
blackout periods
> Continuous coordination with PSCC operations
and City staff
> Owner’s
Representative
> Contractor
Cost Escalation &
Scope Creep
Market volatility or late scope
changes could result in
budget overruns.
Budget
exceedance,
funding
reallocation,
project delays.
Medium High
> Early cost validation and value engineering
> Clear change management and approval
protocols
> Continuous cost tracking, forecasting, and
reporting
> Owner’s
Representative
> City of Palm
Springs
Schedule
Compression
& Funding
Alignment
Delays could impact funding
availability or key milestone
commitments.
Loss of funding,
phased delivery
impacts, extended
program duration.
Medium High
> Realistic baseline schedules tied to approved
scope
> Early identification of long lead items
> Phased procurement strategies where
appropriate
> Owner’s
Representative
Stakeholder
& Interagency
Coordination
Multiple stakeholders
and agencies may have
competing priorities or
delayed decisions.
Approval delays,
coordination
conflicts,
schedule impacts.
Medium Medium
> Defined governance and decision making
framework
> Regular coordination meetings
> Clear roles, responsibilities, and communication
pathways
> Owner’s
Representative
> City of Palm
Springs
Safety
Construction accidents in
active facility; guest/worker
interactions; equipment
hazards; materials storage in
occupied areas; emergency
response complications
Safety violations
or incidents
leading to work
stoppages,
regulatory actions,
or negative public
perception.
Medium High
> Implement phased and zoned construction with
physical separation between construction areas
and public/event spaces.
> Enforce site-specific safety plans, regular safety
walks, toolbox talks, and strict compliance with
OSHA, Cal/OSHA, and City safety requirements.
> Coordinate construction schedules with event
calendars and maintain clear temporary access,
wayfinding, and emergency egress at all times.
> Contractor
Future Expansion
Near-term decisions may
limit flexibility for future
eastward expansion.
Reduced
expansion
options, increased
future costs,
rework.
Low Medium > Program level review of all design decisions > Safeguards incorporated for future expansion
> Owner’s
Representative
T A B
Local Preference
D
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CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
D.1 LOCAL EXPERTISE AND PRESENCE
Accenture is proud to maintain a strong operational presence within the Coachella Valley through our Palm Desert office, located less than 30 miles from the Palm Springs Convention Center. Our team is actively engaged in municipal and infrastructure programs throughout the region, allowing us to provide immediate, on-the-ground support and responsive coordination with City staff, consultants, and contractors.
Our team is actively engaged in municipal and infrastructure initiatives across the region, including work on the Palm Springs Public Library Renovation, Palm Springs International Airport capital programs , the Ramon Road Bridge Replacement , and the CVAG, CV Link Multimodal Transportation Corridor . Through these efforts, we have worked with the City of Palm Springs both directly and indirectly, developing familiarity with City leadership, Council engagement practices, internal procedures, and decision-making processes. This experience enables Accenture to integrate seamlessly with City staff and advance work efficiently from the outset. Our proximity also provides firsthand understanding of regional construction conditions, including climate-driven scheduling considerations, supply -chain dynamics, and community priorities unique to the desert environment.
To further strengthen our regional capabilities, Accenture has partnered with Twining, Inc., a Long Beach- headquartered firm with a staffed branch office in Palm Desert that has supported public-sector clients across the Coachella Valley for decades. Twining will provide materials testing and inspection services, offering immediate field responsiveness and familiarity with local soil conditions, material suppliers, and testing protocols.
Our collective approach prioritizes local participation and community benefit. Where additional support roles arise, Accenture will seek to hire qualified local professionals and engage regional small businesses to reinforce the City’s goals for economic inclusion and workforce development.
By combining national program-management depth with a regional delivery footprint, Accenture and Twining offer the City of Palm Springs a team that is both deeply rooted in the local community and fully equipped to deliver a project of this significance—ensuring that its economic and civic benefits remain within the Coachella Valley long after construction is complete.
T A B
Forms
E
41 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
ATTACHMENT “A”
SIGNATURE AUTHORIZATION
REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)*
NAME OF COMPANY(PROPOSER):
________________________________________________________________________ BUSINESS ADDRESS:_____________________________________________________ ________________________________________________________________________ TELEPHONE: ______________CELL PHONE___________ ___FAX______________ CONTACT PERSON____________________EMAIL ADDRESS____________________
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # _______________ is/are hereby acknowledged.
A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. ____________________________________________________
PRINTED NAME AND TITLE
____________________________________________________
SIGNATURE AND DATE
B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
____ An individual;
____ A partnership, Partners’ names:
____ A company;
____ A corporation If a corporation, organized in the state of: __________
2. My tax identification number is: ___________________________________ Please check below IF your firm qualifies as a Local Business as defined in the RFP:
____ A Local Business (licensed within the jurisdiction of the Coachella Valley).
Copy of current business license is required to be attached to this document.
Accenture Infrastructure and Capital Projects, LLC
73-585 Fred Waring Drive, Suite 205, Palm Desert, CA 92260 805.459.7697 805.459.7697
Tyson Atwood [email protected]
X
90-0855728
X
May 4, 2026
Tyson Atwood, Senior Vice President
1 and 2
42 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
Business Type
THIS BUSINESS LICENSE DOES NOT PERMIT A
BUSINESS THAT IS OTHERWISE PROHIBITED.
Business Name
Business Location
Business Owner(s)
License #
Effective Date
Description
Expiration Date
CITY OF PALM DESERT
BUSINESS LICENSE CERTIFICATE
300 SPECTRUM CENTER DR #1400
IRVINE, CA 92618-4985
CONSULTANT
ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS,
500 W MADISON ST FL 21
CHICAGO, IL 60661-4517
For all inquiries regarding this license, contact HdL
Business Tax Support Center at 442-325-3954.
"For Services Provided in the City of Palm Desert, California Only
ANSER ADVISORY LLC
ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS,
CONSULTANT
November 01, 2025
October 31, 2026
13706445
ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS, :
Thank you for your payment on your City of Palm Desert Business License . ALL LICENSES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Licensing Center via email at: [email protected] or by telephone at: 442-325-3954.
Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license . A fee may be charged for a replacement or duplicate license .
This certificate does not entitle the holder to conduct business before complying with all requirements of the Palm Desert Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law .
If you have a fixed place of business within the City of Palm Desert please display the Business License above in a conspicuous place at the premises. Otherwise, every BL certificate holder not having a fixed place of business in the City shall keep the Business License Certificate upon his or her person, or affixed in plain view any cart, vehicle, van or other movable structure or device at all times if required by the Collector .
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to : https://www.dca.ca.gov/publications/ City of Palm Desert
BUSINESS LICENSE CERTIFICATE
BUSINESS LICENSING
8839 N CEDAR AVE #212
FRESNO, CA 93720-1832
Date of Issue: 11/01/2025
13706445License Number: ACCENTURE INFRASTRUCTURE AND CAPITAL
PROJECTS,
500 W MADISON ST FL 21
CHICAGO, IL 60661-4517
TO BE POSTED IN A CONSPICUOUS PLACE
AND
NOT TRANSFERABLE OR ASSIGNABLE.
2025 - 2026
43 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
ATTACHMENT “B”
NON-COLLUSION AFFIDAVIT
REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
*THIS FORM MUST BE COMPLETED EXECUTED BY PROPOSER AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)*
The undersigned, deposes and says that he or she is
of
, the party making the foregoing Proposal . That the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal , and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer , or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal.
Signature: ______________________________________________
Title: _____________________________________________
Senior Vice President Accenture Infrastructure and
Capital Projects, LLC
Senior Vice President
44 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
ATTACHMENT “C”
CITY OF PALM SPRINGS, CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)
Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, d emotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05 .02, including without limitation the provision of benefits, relating to non- discrimination in city contracting.
NAME OF CONSULTANT/VENDOR: ________________________________________
NAME and TITLE of Authorized Representative:
(Print) ______________________________________________________________
Signature and Date of Authorized Representative:
(Sign) ____________________________________________ (Date) ________________ Accenture Infrastructure and Capital Projects, LLC
Tyson Atwood, Senior Vice President
May 4, 2026
45 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
ATTACHMENT “D”
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF
QUALIFCATIONS
Why Must I File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials.
Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.
Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.
When Must I File? You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed.
B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.
NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].
46 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
CITY OF PALM SPRINGS – PUBLIC INTEGRITY
DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note:
If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Officer Director Member Manager
[name]
General Partner Limited Partner
Other
Officer Director Member Manager
[name]
General Partner Limited Partner
Other
Officer Director Member Manager
[name]
General Partner Limited Partner
Other
Accenture Infrastructure and Capital Projects, LLC
300 Spectrum Center Drive, 14th Floor, Irvine, CA 92618 73-585 Fred Waring Drive, Suite 205, Palm Desert, CA 92260 California
Tyson Atwood
Craig Halvorson
Jon Porterfield
47 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
Accenture LLP 100%
May 4, 2026
Tyson Atwood, Senior Vice President
48 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
City of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.
Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:
John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
49 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
ATTACHMENT “E”
REFERENCES
REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
Reference 1
Organization name:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Reference 2
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Reference 3
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Coachella Valley Association of Governments Johnathan Hoy, Director of Transportation City of Long Beach
Contact and title:
Stephan Lum, Engineering Officer
4100 E. Donald Douglas Dr, 2nd Floor
Long Beach, CA 90808
562.570.2682
[email protected]
April 1, 2019 $12M
Construction Management for the Long Beach Airport Terminal Area Improvement Airport Modernization Phase II
74-199 El Paseo, Suite 100
Palm Desert, CA 92260
760.346.1124
[email protected]
Program Management and Construction Management
$130M
City of Palm Springs
Owners Representation and Construction Management
$52M
3200 East Tahquitz Canyon Way,
Palm Springs, CA 92262
Allen Janisch, Project Manager
760.219.0551
[email protected]
March 15, 2021
July 9, 2025
50 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
ATTACHMENT “F”
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any Consultant that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The Consultant hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the Consultant is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Consultant. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Tyson Atwood
Senior Vice President
Accenture Infrastructure and Capital Projects, LLC
May 4, 2026
55575.18100\42907009.1
BB&K (2024) Page 25 of 26
EXHIBIT “B”
SCHEDULE OF COMPENSATION
i
OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
May 4, 2026
REQUEST FOR PROPOSALS 05-26
OWNER’S REPRESENTATIVE FOR
PALM SPRINGS CONVENTION
CENTER RENOVATION AND
EXPANSION PROJECT
Cost Proposal
June 2, 2026
1 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
ATTACHMENT “G”
COST PROPOSAL
REQUESTS FOR PROPOSALS (RFP 05-26)
OWNER’S REPRESENTATIVE FOR PALM SPRINGS CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 “Cost Proposal”, NOT with Electronic File #1, Technical/Work Proposal*) P
roposer shall submit a not-to-exceed hourly rate schedule(s) for all services outlined in Section 4 of the RFP. Hourly rates schedule(s) shall be submitted with Attachment “G” Cost Proposal, Electronic File #2.
ITEM DESCRIPTION Unit of Measure TOTAL
1 Stage 1: Renovation Not-to-Exceed
2 Stage 2: Connectivity Not-to-Exceed
Total Not-to-Exceed (line 1 and 2)
A. S
chedule of Values (SOV). Within 10 days of notice of the intent to award of this contract, Consultant shall submit for the City’s review and approval an SO for the not -to-exceed cost proposal items of the Project. The Schedule of Values will:
a. Subdivide the Project into its respective parts,
b. Include values for all items comprising the Project, and c. S
erve as the basis for monthly progress payments made to the Consultant throughout the Project.
B. The City is the sole judge of acceptable numbers, details, and description of values established. If, in the opinion of the City, a greater number of SOV items than is proposed by the Consultant are necessary, add the additional items identified by the City. When requested by the City, provide substantiating data in support of the SOV.
C. Incorporate the SOV into the cost loading function of the Schedul e. Monthly progress payment amounts for Not-to-Exceed items shall be determined from the monthly updates of the Schedule activities.
D. Following acceptance of the SOV, incorporate the changes (if any) into the cost loadi ng
por
tion of the Schedule. Where coordination of the Schedule and the SOV requires changes made to one or both documents, propose changes to the SOV and to the Schedule activities to satisfy the Schedule cost loading requirements.
E. Update and submit these listings in conjunction with the Schedule monthly submittals.
F. Incorporate approved Amendments in the Schedule into the SOV as single units identified by the Amendment number.
$2,469,630
$1,782,870
$4,252,500
4,147,220
1,894,680
2,252,540
2 OWNER’S REPRESENTATIVE FOR PALM SPRINGS
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
G. Changes to the Schedule which add activities not included in the original Schedule but included in the original Project shall have values assigned as accepted by the City. Other activity values shall be reduced to provide equal value adjustment increases for added activities as accepted by the City.
H. In the event that Consultant and City agree to make adjustments to the original SOV because of inequities discovered in the original accepted SOV, increases and equal decreases to values for activities may be made.
I. The payment for the preparation of the SOV shall be included in the total Not -to-Exceed amount, (“Maximum Contract Amount”).
Firm Name:
Signature of Authorized Person:
Printed Name:
Title:
Date:
Accenture Infrastructure and Capital Projects, LLC
Tyson Atwood
Senior Vice President
May 4, 2026
June 2, 2026
Labor
Position Key Staff Billing Rate
Principal Tyson Atwood $325.00
Project Manager Deborah Palmer $315.00
Assistant PM Yagnik Patel $185.00
Construction Manager, Lead Fred Parker $275.00
Assistant CM Mario Espinoza $235.00
Field Engineer Kenny Cassados $185.00
Project Controls Lead Vidya Dixit $245.00
Lead Estimator Andy Kleimola $295.00
Estimator Dustin Reinhart $180.00
Scheduler Nader Moghtader $235.00
Document Control Rachael Highley $135.00
Inspector (Prevailing Wage) $200.00
ODC's (Reimbursable Expenses)
Description Unit Rate
Vehicles* Month $1,500.00
POV Mileage Exp. per IRS rate
CM Software (As-Requested) Per Project / Per Year $8,000 Subconsultant Mark-Up 0%
* Max Rate. Billed as a percentage of actual hours billed Rate Sheet
NOTE: Vehicle rates are billed as required by project needs. Any project which requires CM or Inspection work within the public ROW will require a vehicle. ** Annual escalations are a maximum of 4%, or per the BLS - Emplyment Cost Index, whichever is less.
2026 Q2
Stage 1 - Convention Center Remodel
Stage 2 - Urban Connectivity
Stage 3 - Convention Center Expansion (Not included in fees) SegmentCompany Position Role/Title Jun '26 Jul '26 Aug '26 Sep '26 Oct '26 Nov '26 Dec '26 Jan '27 Feb '27 Mar '27 Apr '27 May '27 Jun '27 Jul '27 Aug '27 Sep '27 Oct '27 Nov '27 Dec '27 Jan '28 Feb '28 Mar '28 Apr '28 May '28 Jun '28 Jul '28 Aug '28 Sep '28 Oct '28 Nov '28 Dec '28 Total Cost Stage 1 Accenture Construction Management$115,770.00$77,910.00$65,310.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,994,990.00 Stage 1 Twining Materials Testing $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $120,000.00 Stage 1 3QC Commisioning $2,500.00 $2,500.00 $2,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $10,000.00 $100,000.00 Stage 1 UltraSystems Environmental $0.00
Stage 1 Accenture ODC Vehicle Costs $0.00
Stage 1 Accenture ODC CM Software $8,000.00 $8,000.00 $16,000.00 Stage 1 Escalations $21,550.00
Stage 1 Contingency (5%)
Stage 2 Accenture Construction Management$79,350.00 $35,450.00$20,650.00$26,610.00$30,210.00$26,610.00$23,010.00$23,010.00$26,610.00$23,010.00$23,010.00$36,010.00$49,010.00$39,610.00$26,610.00$23,010.00$20,650.00$20,650.00$20,650.00$101,140.00$96,440.00$96,440.00$96,440.00$96,440.00$96,440.00$96,440.00$96,440.00$96,440.00$96,440.00$96,440.00$96,440.00 $1,735,710.00 Stage 2 Twining Materials Testing $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $5,000.00 $80,000.00 Stage 2 3QC Commisioning $2,500.00 $2,500.00 $2,500.00 $2,500.00 $10,000.00 Stage 2 UltraSystems Environmental $0.00
Stage 2 Accenture ODC Vehicle Costs $0.00
Stage 2 Accenture ODC CM Software $8,000.00 $8,000.00
Stage 2 Escalations $60,970.00
Stage 2 Contingency (5%)
- Removed UltaSystem from budget for enviromental purposes. To be used only if needed. - Assumed Phase 1 will be CMAR/CMCG delivery and not a lot of estimating support will be required - Assumed Stage 1 will be structed in a way that just 1 FTE will be required for field review during the duration of the projects - Have assumed 3% Escalations in budget, but based on BLS rates with a maximum of 4% - The full scope of Stage 2 is unknown. Accenture has done their best with materials testing and Commisiong scope, but he project has not yet been fully defined - Budgets have been created for both Stage 1 and Stage 2 for material testing, but because they have not been defined it is challenging to know the full need. Have assumed that contractor will be responsible for a level of QC materials testing and we are only providing QA.
Design Phase Contractor Procurement Construction ( Not included in fee proposal) Design/Finalize Scope Interior Renovation Construction Projects Stakeholder/Public Engagement Public/Council Presentations RFP for Design Services Design Phase Contractor Procurement Construction 2026 -Q3 2026 -Q4 2027 - Q1 2027 - Q2 2027 - Q3 2027 - Q4 2028 - Q1 2028 - Q2 2028 - Q3 2028 - Q4 2026 Q2
Stage 1 - Convention Center Remodel
Stage 2 - Urban Connectivity
Stage 3 - Convention Center Expansion (Not included in fees) Stage Position Role Name Loaded Rate Jun '26 Jul '26 Aug '26 Sep '26 Oct '26 Nov '26 Dec '26 Jan '27 Feb '27 Mar '27 Apr '27 May '27 Jun '27 Jul '27 Aug '27 Sep '27 Oct '27 Nov '27 Dec '27 Jan '28 Feb '28 Mar '28 Apr '28 May '28 Jun '28 Jul '28 Aug '28 Sep '28 Oct '28 Nov '28 Dec '28 TOTAL Hours Total Cost
Stage 1 Principal Tyson Atwood $325.00 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 38 $12,350.00 Stage 1 Project Manager Deborah Palmer $315.00 80 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 800 $252,000.00 Stage 1 Assistant PM Yagnik Patel $185.00 80 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 1,160 $214,600.00 Stage 1 Construction Manager Fred Parker $275.00 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 1,520 $418,000.00 Stage 1 Assistant CM Mario Espinoza $235.00 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 2,560 $601,600.00 Stage 1 Field Engineer Kenny Cassados $185.00 0 $0.00
Stage 1 Project Controls Lead Vidya Dixit $245.00 40 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 168 $41,160.00 Stage 1 Scheduler Nader Moghtader $235.00 80 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 800 $188,000.00 Stage 1 Lead Estimator Andy Kleimola $295.00 16 8 8 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 64 $18,880.00 Stage 1 Estimator Dustin Reinhart $180.00 80 80 40 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 360 $64,800.00 Stage 1 Document Control Rachael Highley $135.00 40 40 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 1,360 $183,600.00 Stage 2 Principal Tyson Atwood $325.00 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 62 $20,150.00 Stage 2 Project Manager Deborah Palmer $315.00 80 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 1,280 $403,200.00 Stage 2 Assistant PM Yagnik Patel $185.00 80 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 1,280 $236,800.00 Stage 2 Construction Manager Fred Parker $275.00 80 80 80 80 80 80 80 80 80 80 80 80 960 $264,000.00 Stage 2 Field Engineer Kenny Cassados $185.00 160 160 160 160 160 160 160 160 160 160 160 160 1,920 $355,200.00 Stage 2 Project Controls Lead Vidya Dixit $245.00 40 8 8 8 8 8 8 8 8 8 8 8 8 136 $33,320.00 Stage 2 Scheduler Nader Moghtader $235.00 20 40 80 40 40 20 20 20 20 20 20 20 20 20 20 20 440 $103,400.00 Stage 2 Lead Estimator Andy Kleimola $295.00 8 8 8 8 8 8 8 8 8 8 8 8 8 2 2 2 2 2 2 2 2 2 2 2 2 128 $37,760.00 Stage 2 Estimator Dustin Reinhart $180.00 20 40 20 20 20 40 40 20 8 8 8 8 8 8 8 8 8 8 8 8 316 $56,880.00 Stage 2 Scheduler Nader Moghtader $235.00 80 40 20 20 20 20 20 20 20 20 20 20 20 20 360 $84,600.00 Stage 2 Document Control Rachael Highley $135.00 40 40 80 80 80 80 80 80 80 80 80 80 80 80 1,040 $140,400.00 Stage 1 Costs:$115,770.00$77,910.00 $65,310.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00$108,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,994,990.00 Stage 1 Hours: 498 350 270 482 482 482 482 482 482 482 482 482 482 482 482 482 482 482 482 0 0 0 0 0 0 0 0 0 0 0 0 8,830 Stage 2 Costs:$79,350.00 $35,450.00 $20,650.00 $26,610.00 $30,210.00 $26,610.00 $23,010.00 $23,010.00 $26,610.00 $23,010.00 $23,010.00 $36,010.00 $49,010.00 $39,610.00 $26,610.00 $23,010.00 $20,650.00 $20,650.00 $20,650.00$101,140.00$96,440.00 $96,440.00 $96,440.00 $96,440.00 $96,440.00 $96,440.00 $96,440.00 $96,440.00 $96,440.00 $96,440.00 $96,440.00 $1,735,710.00 Stage 2 Hours: 342 162 82 110 130 110 90 90 110 90 90 150 210 170 110 90 82 82 82 480 460 460 460 460 460 460 460 460 460 460 460 7,922 Contractor Procurement Construction
Design Phase Contractor Procurement Construction ( Not included in fee proposal) 2028 - Q1 2028 - Q2 2028 - Q3 2028 - Q4
Stakeholder/Public Engagement
Design/Finalize Scope Interior Renovation Construction Projects Public/Council Presentations RFP for Design Services Design Phase 2026 -Q3 2026 -Q4 2027 - Q1 2027 - Q2 2027 - Q3 2027 - Q4
ESCALATION CALCULATION WORKSHEET
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per Cost
Proposal
Total Hours per Cost
Proposal Avg Hourly Rate 5 Year Contract Duration
$ 1,994,990.00 8,830 = $225.93 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation
Year 1 $225.93 + 3.0% = $232.71 Year 2 Avg Hourly Rate
Year 2 $232.71 + 3.0% = $239.69 Year 3 Avg Hourly Rate
Year 3 $239.69 + 3.0% = $246.88 Year 4 Avg Hourly Rate
Year 4 $246.88 + 3.0% = $254.29 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated %
Completed Each
Year
Total Hours per Cost
Proposal
Total Hours per
Year
Year 1 64% * 8830 = 5651 Estimated Hours Year 1
Year 2 36% * 8830 = 3179 Estimated Hours Year 2
Year 3 0% * 8830 = 0 Estimated Hours Year 3
Year 4 0% * 8830 = 0 Estimated Hours Year 4
Year 5 0% * 8830 = 0 Estimated Hours Year 5
Total 100% Total = 8830
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
(calculated
above)
Estimated hours
(calculated above) Cost per Year
Year 1 $225.93 * 5651 = $1,276,748.41 Estimated Hours Year 1 Year 2 $232.71 * 3179 = $739,788.83 Estimated Hours Year 2 Year 3 $239.69 * 0 = $0.00 Estimated Hours Year 3
Year 4 $246.88 * 0 = $0.00 Estimated Hours Year 4
Year 5 $0.00 * 0 = $0.00 Estimated Hours Year 5
= $2,016,537.25
= $ 1,994,990.00
= $21,547.25 Transfer to Page 1
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
ESCALATION CALCULATION WORKSHEET
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per Cost
Proposal
Total Hours per Cost
Proposal Avg Hourly Rate 5 Year Contract Duration
$ 1,735,710.00 7,922 = $219.10 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation
Year 1 $219.10 + 3.0% = $225.67 Year 2 Avg Hourly Rate
Year 2 $225.67 + 3.0% = $232.44 Year 3 Avg Hourly Rate
Year 3 $232.44 + 3.0% = $239.42 Year 4 Avg Hourly Rate
Year 4 $239.42 + 3.0% = $246.60 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated %
Completed Each
Year
Total Hours per Cost
Proposal
Total Hours per
Year
Year 1 20% * 7922 = 1584 Estimated Hours Year 1
Year 2 44% * 7922 = 3486 Estimated Hours Year 2
Year 3 36% * 7922 = 2852 Estimated Hours Year 3
Year 4 0% * 7922 = 0 Estimated Hours Year 4
Year 5 0.00% * 7922 = 0 Estimated Hours Year 5
Total 100% Total = 7922
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
(calculated
above)
Estimated hours
(calculated above) Cost per Year
Year 1 $219.10 * 1584 = $347,054.36 Estimated Hours Year 1 Year 2 $225.67 * 3486 = $786,695.99 Estimated Hours Year 2 Year 3 $232.44 * 2852 = $662,927.90 Estimated Hours Year 3 Year 4 $239.42 * 0 = $0.00 Estimated Hours Year 4
Year 5 $0.00 * 0 = $0.00 Estimated Hours Year 5
= $1,796,678.25
= $ 1,735,710.00
= $60,968.25 Transfer to Page 1
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
HOURLY
$210
$210
$205
$200
$200
$194
$189
$184
$179
$173
$168
$179
$173
$168
$163
$158
$175
$175
$168
$137
$137
$175
$168
$137
$105
FIELD EQUIPMENT Daily Weekly
Excavation Screen $5 $21
Field Supplies (shovels, health and safety, flagging, binoculars, etc.) $15 $63 Garmin GPS (non-Trimble) $5 $21
iPad Data Tablet $25 $105
Kestrel Anemometer (or equivalent) $5 $21
Photoionization detector (PID) or equivalent $100 $420
Quest SoundPro SP-DL-1–1/3 Sound Level Meter (or equivalent) $110 $462 RKI GX-2003 Multi-Gas Meter (or equivalent) $65 $273
Trimble Geo7x GPS Unit with Rangefinder (or equivalent) $120 $588 XRF Analyzer $95 $399
Principal
Director
Senior Project Manager
PROFESSIONAL STAFF Hourly
STANDARD RATE SCHEDULE
Effective January 2026
Project Manager
Senior Principal Engineer
Senior Scientist/Engineer
Scientist/Engineer
Staff Scientist/Engineer
Senior Planner
Associate Planner
Planner/Environmental Analyst
Senior Biologist II
Senior Biologist I
Staff Biologist II
Staff Biologist I
Associate Biologist
Cultural Specialist
Archaeologist
Historical Architect
Archaeologist and Paleontologist Monitor
Consultant support (printing, reproduction and other direct expenses) will be billed at a rate of cost plus ten (10) percent. Automobile mileage will be charged at IRS standard rates. Travel time will be billed as indicated in the hourly rate schedule above. Invoices will be submitted monthly for work in progress and at completion of contract obligations, and are payable upon receipt. Fees not paid within thirty (30) days of invoice date may be assessed an interest charge of one and one-half (1.5) percent per month, from the date due (net 30). Attorney fees and court costs incurred for collection of delinquent accounts will be borne by the client.
Cultural Monitor
Senior GIS Analyst
GIS Technician
Word Processor
Intern
Schedule Of Fees 2025-2026
Prevailing Wage
NOTE: Rates will be adjusted annually each July 1st to reflect increased costs.
Personnel Rates: Per Hour Unless Otherwise Noted
Equipment Usage (Daily Unless Otherwise Noted),
Engineering And Consulting Personnel Rate Continued Rate Senior Principal Advisor/Consultant 410.00$ Torque Multiplier 50.00$ Principal Engineer/Geologist 295.00$ Air Meter 38.00$ Metallurgical Engineer 410.00$ Unit Weight Bucket 29.00$ Registered Geotechnical Engineer 295.00$ Field Concrete Scale 38.00$ Technical Advisor 275.00$ 2" x 2" x 2" Mold 40.00$ Material Scientist, Welding/NDT Consultant 290.00$ Nuclear Gauge (Per Hour) 15.00$ Registered Geologist/Certified Engineering Geologist 290.00$ Sand Cone Density Test Equipment 62.00$ Senior Engineer/Geologist 265.00$ Pull Test Equipment 80.00$ Registered Civil Engineer 250.00$ Concrete/Asphalt Coring Equipment 749.00$ Roofing/Waterproofing Consultant 280.00$ Floor Flatness (Dipstick) 75.00$ Project Engineer/Manager 245.00$ Schmidt Hammer 50.00$ Quality Control Manager 245.00$ Vapor Emission Test Kits 60.00$ Senior Staff Engineer/Geologist 230.00$ Relative Humidity Probe 94.00$ Staff Engineer/Geologist 215.00$ UPV (Ultrasonic Pulse Velocity) Meter 437.00$ Quality Control Administrator 215.00$ Fireproofing Adhesion/Cohesion (Per Test) 44.00$ Metallurgical Technician 185.00$ A Scan Ultrasonic Equipment And Consumables 104.00$ CADD Operator/Draftsperson 170.00$ Magnetic Particle Equipment And Consumables 55.00$ Administrative Support 110.00$ Liquid Penetrant Consumables 50.00$ Field Supervisor 205.00$ Phased Array Ultrasonic Equipment (Per Hour) 109.00$ Safety Supervisor 205.00$ Ground Penetrating Radar 415.00$ Laboratory Manager 190.00$ Impact Echo 421.00$ Laboratory Technician 165.00$ Ultrasonic Tomography 546.00$ Expert Witness Testimony 660.00$ Inertial Profiler (Per Hour) Quotation Qualified SWPPP Developer 230.00$ Borescope 328.00$ Qualified SWPPP Practitioner 215.00$ Infrared Camera 109.00$ Vibration Engineer 250.00$ Project Dedicated Vehicle 197.00$ Roller Compacted Concrete Vibrating Hammer/Tamping Plate 87.00$ Half-Cell Potential Equipment Set 421.00$
Field Inspection Personnel Rate Concrete Electrical Resistivity Meter 197.00$ Concrete/Reinforced Steel Inspector 135.00$ Field Hardness (Steel) 121.00$ Prestressed/Post Tensioned Inspector 135.00$ Coating Thickness Gauge 173.00$ Concrete ICC Inspector 135.00$ Curing Box (Not Temperature Controlled, One-Time Fee/ 850.00$ Drilled-In-Anchor Inspector 135.00$ Per Box)
Gunite/Shotcrete Inspector 135.00$ Temperature Control Curing Box (Per Month) 600.00$ Masonry Inspector 135.00$ Temperature Matching Curing Box (Per Month) 700.00$ Structural Steel/Welding Inspector 135.00$
AWS Certified Welding Inspector 135.00$
Fireproofing Inspector 135.00$ Specimen Pick-Up Rate Lead Inspector 145.00$ Soil/Aggregate Sample (Each) 57.00$ Firestop Special Inspector - IFC Premier 150.00$ Standard Sample: Concrete Cylinders (Each) 37.00$ Firestop Special Inspector - IQP 160.00$ Standard Sample: Mortar/Grout Cubes And Cores, 37.00$ L.A. Deputy Grading Inspector 150.00$ Fireproofing, Rebar, And Epoxy Prisms (Each) Asphalt Field and Plant Inspector/Technician 135.00$ Oversize Sample: Masonry Prisms And Shotcrete Panels (Each) 98.00$ Pile Driving Inspector 135.00$ Oversize Sample: Flexural Beams (Each) 98.00$ Soils Technician 135.00$ Technician For Specimen Pick-Up Not Listed Above 166.00$ Concrete Quality Control (ACI/Caltrans Technician) 135.00$ (Per Hour, 2-Hour Minimum) Wood Framing Inspector 135.00$ Technician For Specimen Pick-Up Before 5:00 a.m. 229.00$ Roofing/Waterproofing Inspector 185.00$ Or After 5:00 p.m. Monday Thru Friday, Or All Day Saturday Public Works Inspector 185.00$ (Per Hour, 2-Hour Minimum Plus Mileage) Mechanical Inspector 185.00$
Electrical Inspector 185.00$
Plumbing Inspector 185.00$ Jobsite Trailer, Mobile Or On-site Laboratory Rate Building Inspector 185.00$ Portable Or Mobile Laboratory Unit Quotation Vibration Monitoring Technician 185.00$ Jobsite Trailer, Conex, Or Equipment Storage Box Quotation Field Engineering Technician 135.00$
Concrete Tests (Field Made Specimens) Rate
Shop Inspection Personnel Rate 6" x 12" Cylinder Compression Strength (ASTM C39) 51.00$ Structural Steel Fabrication Inspector 135.00$ 4" x 8" Cylinder Compression Strength (ASTM C39) 51.00$ Batch Plant Quality Control Technician/Inspector 135.00$ Density Of Structural Lightweight Concrete Equilibrium 115.00$ Glue-Laminated Fabrication Inspector Quotation Oven Dry Method (ASTM C567) Pre-Cast Concrete/Pipe Fabrication Inspector 135.00$ Core Compression Including Trimming (ASTM C42) 105.00$ 6" x 6" x 18" Flexural Beams Not Exceeding Referenced 139.00$ Size (ASTM C78, C293 or CTM 523)
Nondestructive Testing Personnel Rate Splitting Tensile Strength (ASTM C496) 139.00$ NDE Ultrasonic Testing Technician 155.00$ Modulus Of Elasticity Test (ASTM C469) 375.00$ NDE Magnetic Particle Testing Technician 155.00$ Rapid Chloride Permeability Test: Cylinders Or Cores 634.00$ NDE Dye Penetrant Testing Technician 155.00$ (ASTM C1202) Combination NDE Technician/Welding Inspector 155.00$ Density, Absorption, And Voids In Hardened Concrete 634.00$ Phased Array Ultrasonic Technician 160.00$
Radiographic Testing (Crew Of 2) Quotation (ASTM C642)
NDE Engineer 265.00$ Flexural Toughness (ASTM C1609, Formerly ASTM C1018) 1,002.00$ Double Punch Strength Of Fiber Reinforced Concrete 668.00$ Coefficient Of Thermal Expansion Of Concrete 724.00$
Equipment Usage (Daily Unless Otherwise Noted) Rate (CRD 39, AASHTO T336) Skidmore 53.00$ Bulk Electrical Resistivity (One Age Of Testing, ASTM C1876) 179.00$ Torque Wrench, Small 22.00$ Flexural Tensile Strength Of Metallic Fiber Reinforced Concrete 1,113.00$ Torque Wrench, Large 33.00$ Beam (EN 14651)
95318
95309 80013
10325
10328 20205
20207
Task
Task
40012
95312
2020210301
10309 20203
10401
Code
Code
10409
10020 40005
20211
10405
40006
40009
20209
80006
10306
10403 80003
70101
10107
20109
60001
10500
10122
70103
95374
10515
30002
10523
50003
10519
10521
Code
Task
Task
Task
Code
20201
95360
95372
10201
10203
20104
20103
10115
10501
10207
20101
75001
20102
10117
Task
Code
10003
10009
95351
95330
95307
60003
95324
10013
Task
Code
Task
Code
70107
70000
10010
10011
95342
10026
95321
95322
95323
95343
30000
95362
95300
95303
91010
10111
95339
95341
91000
10103
10105
98000
95352
10019
95357
Task
95364
Code
95367
10101
95349
95370
95371
95373
95319
95315
10305
10001
10017
95333
95348
95336
10113
10109
95347
95345
Code
20100
10007
10015
95103 95306
95369
10005
70003
91030
95356
20000
95368
30001
90005
90001
20107
70109
1 Concrete Specimen Preparation Rate Qualification Of Cements Rate Heat of Hydration of Cementitious Materials by 750.00$
Isothermal Calorimetry (C1702)
Sawing Of Specimens (Each) 56.00$ Chemical Analysis Of Portland Cement Per Standard 835.00$ Coring Of Specimens In Lab (Each) 56.00$ Requirements (ASTM C150) Grinding Of Concrete Below 6000 psi Strength (Each) 101.00$ Physical Testing Of Portland Cement Per Standard 835.00$ Grinding Of Concrete 6000 psi Strength And Above (Each) 123.00$ Requirements (ASTM C150) Physical Testing Of Type K Cement, Mortar Expansion 835.00$ Laboratory Trial Batch: Concrete, Cement (ASTM C806)
And Mortar Rate Physical Testing And Chemical Analysis Of Portland Cement 1,558.00$ Setting time by Vicat Needle (C1856/C191) 250.00$
Compression Test 4" x 8" Cylinders Made And Tested In 66.00$ Per Standard Requirements (ASTM C150) Laboratory (ASTM C192, C35) Partial Analysis Or Specific Physical Tests Quotation Compression Test 6" x 12" Cylinders Made And Tested In 76.00$ Sulfates Resistance Of Hydraulic Cement (ASTM C1012), 3,338.00$ Laboratory (ASTM C192, C35) 6 Months
6" x 6" x 18" Flexural Beams Made And Tested in Laboratory 156.00$ Sulfates Resistance Of Hydraulic Cement (ASTM C1012), 3,672.00$ (ASTM C192, C78) 12 months
Splitting Tensile Strength Cylinders Made And Tested In 160.00$ Type 1L Cement (ASTM C595; Excludes Special Properties) 1,558.00$ Laboratory (ASTM C192, C496) Clinker Microscopy, Per Sample 1,000.00$ Modulus of Elasticity Test Cylinders Made And Tested In 379.00$ Laboratory (ASTM C192, C469)
Density Of Structural Lightweight Concrete Made In 135.00$ Physical Testing Of Chemical Admixtures For Laboratory, Equilibrium or Oven Dry Method (ASTM C567) Concrete Rate Does not include surfce prepartion Qualification Of Admixture (ASTM C494) Quotation Bulk Electrical Resistivity (ASTM C1876) 196.00$
Laboratory Trial Batch (ASTM C192/Lab Procedure Performance) 613.00$ Concrete Mixture Design For Preconstruction Evaluation And 360.00$ Backup Data Development Does not include surfce prepartion Evaluation Of Pozzolans And Slag Cement Rate Method A Reactivity of SCM by Isothermal Calorimetry 900.00$ (ASTM C 1897)
Drying Shrinkage Up To 28 Days, Three 3" x 3" Or 4" x 4" Bars, 579.00$ Chemical Analysis Of Fly Ash Per Standard Requirements 835.00$ Five Readings Up To 28 Dry Days (ASTM C157) (ASTM C618) Additional Reading, Per Set Of Three Bars 68.00$ Physical Testing Of Fly Ash Per Standard Requirements 835.00$ Storage Over Ninety (90) Days, Per Set Of 56.00$ (ASTM C618) Three Bars, Per Month Partial Analysis Or Specific Physical Tests Quotation Setting Time Up To 7 Hours (ASTM C403) 223.00$ Chemical Analysis And Physical Testing Of Fly Ash Per 1,558.00$ Bleeding (ASTM C232) 201.00$ Standard Requirements (ASTM C1618) Concrete Restrained Expansion (ASTM C878) 779.00$ Qualification Of Silica Fume Per Standard Requirements 1,558.00$ Mix, Make and Test Mortar or Grout Specimens for Compressive 668.00$ (ASTM C1240) Strength: Set of 6 (ASTM C878) Qualification Of Slag Cement Per Standard Requirements 1,558.00$ Non-Shrink Grout: Height Change After Final Set (ASTM C1090) 668.00$ (ASTM C989) Non-Shrink Grout: Height Change At Early Age (ASTM C827) 946.00$ Effectiveness Of Pozzolans & Slag Cement In Mitigating 1,558.00$ Cracking Resistance, Set Of Three Rings, Laboratory Trial 6,899.00$ Expansion Due To ASR (ASTM C441) Batching, Test Until Cracking Or Up To 28 Days (ASTM 1581) Evaluation Of Pre-Packaged Masonry Mortars (ASTM C270) 1,447.00$ Creep (ASTM C512) (One Age Of Loading, 12 Months 9,459.00$ Mass Concrete - Engineering And Testing Services Rate Duration Of Testing) Thermal Control Plan (Without Cooling Pipes) Per A Unique 9,360.00$ Laboratory Development of Strength-Maturity Curve Without 3,561.00$ Type Of Placement Of Similar Group Of Placements, Each Plan Establishing Datum Temperature (Up To 5 Testing Ages, Thermal Control Plan (With Cooling Pipes), Per A Unique 10,920.00$ ASTM C1074) Type Of Placement Of Similar Group Of Placements, Each Plan Laboratory Development Of Strength-Maturity Curve With 5,891.00$ Performance Based Maximum Temperature Difference 6,240.00$ Establishing Datum Temperature (Up to 5 Testing Ages, Laboratory & Analytical Studies, One Concrete Mixture Design ASTM C1074)
Rock And Concrete Aggregates - Petrographic
Examination & Special USACE & CRD Tests Rate
Evaluation of Mixing Water for Concrete Rate Rock Type Description, Per Sample (Rock Core Or Rock 1,000.00$ Evaluation of Mixing Water For Concrete Per The Requirements 1,113.00$ Chunk) Of ASTM C1602, Table 1 (Physical Properties Of Mortar), Per Rock Type Description + XRD Including Clay Analysis, 1,500.00$ Sample Per Sample
Evaluation Of Mixing Water For Concrete Per The Requirements 1,335.00$ Natural Aggregates - Petrographic Examination (Gravel And 2,750.00$ Of Caltrans, Section 90, Per Sample Natural Sand Consisting Of Single Rock Type ASTM C295) Each, One Sample
Concrete - Chemical Analysis, Transport Properties, Crushed Aggregates - Petrographic Examination (Crushed 2,750.00$ Service Life Modeling, Petrographic Examination Rate Rock And Manufactured Sand Consisting Of Single Rock Type Water Absorption Rate per Set (C1585) 2,100.00$
Acid-Soluble Chloride Analysis (ASTM C1152) 175.00$ ASTM C295), Each, One Sample Includes Sample Prep) Coarse Aggregate Certification For Deleterious Materials Per 6,500.00$ Water-Soluble Chloride Analysis (ASTM C1218) 175.00$ Specifications Of USACE, Materials Coarser Than 0.75-Inch (Includes Sample Prep) Each, One Sample, 200 lb.
Chloride Diffusion Coefficient Of Cementitious Mixtures By 3,116.00$ Coarse Aggregate Certification For Deleterious Materials Per 5,500.00$ Bulk Diffusion (ASTM C1556) Specifications Of USACE, 0.75-Inch And Finer Material, Each, Bulk Resistivity (ASTM C1876) And Formation Factor 725.00$ One Sample, 25 lb.
Chloride Binding Isotherm 946.00$ Fine Aggregate Certification For Deleterious Materials Per 2,750.00$ Analytical And Experimental (ASTM C1556) Modeling Of Service 9,000.00$ Specifications Of USACE, Each, One Sample Life Of Concrete Per Life-365 Model, Per Mixture Design Aggregate, Scratch Hardness (CRD-C 130), Each, One Sample, 525.00$ Analytical And Experimental (NordTest) Modeling Of Service 8,902.00$ 25 lb.
Life Of Concrete Per FIB Model Code 34, Per Mixture Design Non-Steady State Chloride Migration Coefficient, NordTest 492 696.00$ Petrographic Examination Of Hardened Concrete, Level I 1,750.00$ Soils And Aggregate Tests Rate Relative Mortar Strength of Concrete Sand (CTM 515) 1,300.00$ (ASTM C856) (Excludes Thin Section), Per Sample Abrasion: LA Rattler (ASTM C131) 275.00$ Petrographic Examination Of Hardened Concrete, Level II 2,250.00$ Abrasion: LA Rattler (ASTM C535) 280.00$ (ASTM C856) Includes Thin Section, Per Sample Atterberg Limits/Plasticity Index (ASTM D4318, CTM 204) 225.00$ Petrographic Examination Of Hardened Concrete, Level III 3,500.00$ California Bearing Ratio Excluding Maximum Density 785.00$ (ASTM C856/C1723) (Thin Section And SEM/EDX), Per Sample (ASTM D1883) Soil W/CM Determination (NordTest Build 361) 1,500.00$ California Bearing Ratio Excluding Maximum Density 800.00$ Examination Of Volumetric Proportions Of Hardened Concrete 550.00$ (ASTM D1883) Cement-Treated Soil (ASTM C457), Per Sample Cement-Treated Soil/Base Mix Design: Includes Three Trial 4,225.00$ Air Void Analysis Of Hardened Concrete (ASTM C457), 800.00$ Cement Contents With Three Unconfined Compressive Per Sample Strength Specimens Per Cement Content
80204
80206
80208
80159
Task
Code
80256
80258
Code
80262
80263
80274
80268
80270
80272
80266
80276
30505
30503
80218
80224
80228
80252
Code
70304
70301
70303
80250
30211
30231
80146
80126
80147
80254
80260
Task
Code
30233
30232
80198
80199
30234
20265
Task
Code
80248
80121
80194
30216
30217
30215
30219
20151
20157
20159
30223
Code
Task
Code
30227
30229
20263
30225
30207
30209
30230
80105
80145
Task
Code
80140
80143
30205
30237
30201
30203
80196
20160
Task
80193
80129
80210
80212
Code
Task
80149
80151
80111
Task
80246
80222
Task
80123
80195
80106
80110
80100
80103
Task
Code
70344
80144
2 Electron Microscopy (ASTM C1723) 1,000.00$ Chloride And Sulfate Content (CTM 417, CTM 422) 210.00$ Paste Carbonation Analysis, Per Sample 250.00$ Clay Lumps And Friable Particles (ASTM C142) 265.00$ Insoluble Residue Analysis (ASTM C1324) 3,500.00$ Cleanness Value 1" x #4 (CTM 227) 245.00$ Alkali-Silica - Damage Rating Index (DRI), Per Sample 1,500.00$ Cleanness Value 1.5" x .75" (CTM 227) 385.00$ 80240 30403
30322
80238
80234
30321
7030580232
3 Soils And Aggregate Tests, Continued Rate Asphalt Concrete Tests, Continued Rate Collapse Potential/Index (ASTM D5333) 241.00$ Emulsion Residue, Evaporation (ASTM D244) 225.00$ Compressive Strength Of Molded Soil-Cement Cylinders 145.00$ Extraction % Bitumen (ASTM D6307, CTM 382) 225.00$ (ASTM D1633) Extraction % Bitumen And Gradation (ASTM D5444, D6307, 315.00$ Consolidation Test Full Cycle (ASTM 2435, CTM 219) 250.00$ CTM 202, 382) Consolidation Test Time Rate Per Load Increment 65.00$ Extraction % Bitumen, Correction Factor (ASTM D6307, 500.00$ (ASTM D2435, CTM 219) CTM 382)
Corrosivity Series Sulfate, CI, pH, Resistivity (CTM 643, 350.00$ Chemical Extraction % Bitumen And Sieve Analysis 530.00$ 417, and 422) (ASTM D2172 Method A or B, ASTM D5444)
Crushed/Fractured Particles (ASTM D5821, CTM 205) 235.00$ Lab Tested Maximum Density Hveem, 3 Briquettes 305.00$ Direct Shear Test Remolded And/Or Residual (ASTM D3080) 295.00$ (ASTM D1561, D1188, CTM 304, 308) Direct Shear Test Undisturbed - Slow [CD] (ASTM D3080) 295.00$ Hveem Stabilometer Test, Premixed, 3 Briquettes 305.00$ Direct Shear Test Undisturbed - Fast [CU] (ASTM D3080) 265.00$ (ASTM D1560, D1561, CTM 304, 366) Durability Index Per Method - A,B,C, or D (ASTM D3744, 285.00$ Lab Tested Maximum Density Marshall, 3 Briquettes 305.00$ CTM 229) (ASTM D6926, D2726)
Expansion Index (ASTM D4829, UBC 18-2) 225.00$ Lab Tested Maximum Density Marshall 6'' Specimen, 305.00$ Fine Aggregate Angularity (ASTM C1252, CTM 234, 250.00$ 3 Briquettes (ASTM D5581, D2726) AASHTO T304) Lab Tested Maximum Density Superpave Gyratory Compacted 125.00$ Flat And Elongated Particle (ASTM D4791) 260.00$ Briquette, SSD, 1 Briquette (ASTM D6925, D2726) Flat Or Elongated Particle (ASTM D4791) 229.00$ Lab Tested Maximum Density Superpave Gyratory Compacted 125.00$ Maximum Density Methods A/B/C (ASTM D1557, 225.00$ Briquette, Paraffin, 1 Briquette (ASTM D1188, D6925) D698, CTM 216) Maximum Theoretical Specific Gravity [RICE] (ASTM D2041, 205.00$ Maximum Density Check Point (ASTM D1557, D698) 85.00$ CTM 309) Maximum Density AASHTO C [Modified] (AASHTO T-180) 260.00$ Marshall Stability And Flow, Cored Sample, Each 115.00$ Maximum Index Density Vibratory Table (ASTM D4253) 369.00$ ASTM D6927) Moisture Content (ASTM D2216, CTM 226) 60.00$ Marshall Stability And Flow, Premixed, 3 Briquettes 335.00$ Moisture and Density Ring Sample (ASTM D2937) 60.00$ (ASTM D6926, D6927) Moisture and Density Shelby Tube Sample (ASTM D2937) 60.00$ Marshall Stability And Flow, Gyratory Compacted Specimen 335.00$ Moisture-Density Relations Of Soil-Cement Mixtures 350.00$ Pre-Mixed, 3 Briquettes (ASTM D5581, D6925) Premixed In The Field (ASTM D558) Marshall Stability And Flow 6'' Specimen, Premixed, 355.00$ Moisture-Density Relations Of Soil-Cement Mixtures 425.00$ 3 Briquettes (ASTM D5581) Mixed In The Lab (ASTM D558) Moisture Content (CTM 370) 116.00$ pH Of Soils (ASTM D4972) 68.00$ Wet Track Abrasion Test (ASTM D3910) 240.00$ Organic Content Of Soils (ASTM D2974, Method A Only) 105.00$ Hveem Mix Design (Excluding Aggregate Quality Tests) 7,800.00$ Organic Impurities (ASTM C40, CTM 213) 110.00$ Hveem Mix Design, With RAP (Excluding Aggregate Quality 8,450.00$ Permeability (ASTM D5084) Quotation Tests, RAP Qualification) Potential Reactivity Chemical Method (ASTM C289 - 832.00$ Hveem Mix Design, With Lime (Excluding Aggregate Quality 13,000.00$ Discontinued Method) Tests)
Potential Reactivity Mortar Bar Expansion Method, 1,030.00$ Hveem Mix Design Caltrans Untreated Mix (Including 9,100.00$ 14-Day Exposure (ASTM C1260) Aggregate Quality Tests)
Potential Reactivity Mortar Bar Expansion Method, 1,144.00$ Hveem Mix Design Caltrans Lime Treated Mix (Including 10,400.00$ 28-Day Exposure (ASTM C1260) Aggregate Quality Tests)
Potential Reactivity Concrete Bar Expansion Method 3,115.00$ Marshall Mix Design (Excluding Aggregate Quality Tests) 7,800.00$ (ASTM C1293), 12 month Marshall Mix Design With RAP (Excluding Aggregate Quality 8,320.00$ Potential Reactivity Concrete Bar Expansion Method 3,453.00$ Tests) (ASTM C1293), 24 month Marshall Mix Design With Lime (Excluding Aggregate Quality 9,100.00$ Potential Reactivity of Aggregate Combination, Non-Standard 1,222.00$ Tests) Method; 14-Day Exposure, Mortar (After ASTM C1567) Open Grade Asphalt Concrete Mix Design (ASTM D7064, 4,550.00$ Potential Reactivity Of Aggregate Combination, Non-Standard 1,279.00$ CTM 368) Method; 28-Day Exposure, Mortar (After ASTM C1567) Superpave Mix Design (Excluding Aggregate Quality Tests) 14,976.00$ R-Value Soil (ASTM 2844, CTM 301) 505.00$ Superpave Mix Design, With RAP (Excluding Aggregate 15,600.00$ R-Value Aggregate Base (ASTM D2844, CTM 301) 545.00$ Quality Tests) Sand Equivalent (ASTM D2419, CTM 217) 175.00$ Superpave Mix Design With Rubber (Excluding Aggregate 15,600.00$ Sieve #200 Wash Only (ASTM D1140, CTM 202) 125.00$ Quality Tests) Sieve With Hydrometer 3/4" Gravel To Clay (ASTM D422, 295.00$ Superpave Mix Design With Additives (Excluding Aggregate 13,500.00$ D7928, CTM 203) Quality Tests)
Sieve With Hydrometer Sand To Clay (ASTM D422, 300.00$ Effect Of Moisture On Asphalt Paving Mixtures, Pre-Mixed 1,490.00$ D7928, CTM 203) (ASTM D4867, AASHTO T283)
Sieve Analysis Including Wash (ASTM C136, CTM 202) 195.00$ Hamburg Wheel Track Test, 20,000 Passes, 4 Briquettes 1,620.00$ Sieve Analysis Without Wash (ASTM C136, CTM 202) 160.00$ (AASHTO T324) Sieve Analysis Split Sieve (ASTM C136, CTM 202) 299.00$ Raveling Test Of Cold Mixed Emulsified Asphalt (ASTM D7196) 295.00$ Sieve Analysis Without Wash With Cobbles (ASTM C136, 299.00$ Marshall Stability, Wet Set, 3 Replicates (AASHTO T245) 505.00$ CTM 202) Marshall Stability, Dry Set, 3 Replicates (AASHTO T245) 425.00$ Soundness Sodium Or Magnesium Sulfate, 5 Cycles 483.00$ Cold Recycled Asphalt Mix Design 2 Gradings Each, 14,400.00$ (ASTM C88) 3 Emulsion Content (Caltrans LP-8)
Specific Gravity And Absorption Coarse (ASTM C127, 109.00$ CTM 206)
Specific Gravity and Absorption Fine (ASTM C128, 177.00$ Mortar And Stucco - Petrographic Examination Rate CTM 207) Stucco, One-Coat (ASTM C856), Includes Thin Section), 2,810.00$ Swell/Settlement Potential One Dimensional (ASTM D4546) 161.00$ Per Sample Triaxial Quotation Stucco, Two-Coat (ASTM C856), Includes Thin Section), 3,435.00$ Unconfined Compression (ASTM D2166, CTM 221) 205.00$ Per Sample Unit Weight Per Cubic Foot (ASTM C29, CTM 212) 134.00$ Stucco, Three-Coat (ASTM C856), Includes Thin Section), 4,375.00$ Voids In Aggregate With Known Specific Gravity (ASTM C29, 134.00$ Per Sample CTM 212)
Lightweight Particles Coarse, with Two Solutions (ASTM C123) 268.00$ Lightweight Particles Fine, with One Solution (ASTM C123) 268.00$ Method of Test for Relative Mortar Strength of Portland 1,456.00$ Cement Concrete Sand (CT 515) Brick Masonry Tests, ASTM C67 Rate Modulus Of Rupture Flexural 150.00$
Compression Strength 115.00$
Asphalt Concrete Tests Rate Absorption 5 Hour or 24 Hour 111.00$ HMA Mixing And Preparation 140.00$ Absorption (Boil) 1, 2 Or 5 Hours 145.00$ HMA Mixing And Preparation With Aggregate Treatment 196.00$ Initial Rate Of Absorption 95.00$ Bulk Specific Gravity Of Compacted Sample Or Core SSD 62.00$ Efflorescence 115.00$ (ASTM D2726, CTM 308C) Cores Compression 125.00$
Bulk Specific Gravity Of Compacted Sample Or Core Paraffin 88.00$ Shear Test On Brick Cores 2 Faces 150.00$ Coated (ASTM D1188 and CTM 308A)
70398
70335
70337
30508
70340
70391
70342
Code
70393
70396
70309
70317
70339
70336
70319
70311
70313
30319
70360
Task
70315
Task
70369
70367
70397
70355
70341
75070
75066
Task
75030
30411
Task
Code
20301
20303
20305
70325
75004
30507
70331
75052
75093
70351
70353
75049
75051
70392
70345
70328
70330
75114
70343
70349
80001
75083
75099
75090
75005
75094
Code
75033
75096
75084
75095
75031
75024
75027
75040
70333
75087
75075
75068
75067
70321
70378
75069
30412
30412
75036
75111
75107
75063
75106
30401
70394
70359
75113
75115
75039
Code
75032
70347
70399
70371
70373
70361
70363
70365
30317
20307
20309
20311
20313
75028
20315
75109
75042
75050
75048
75057
70357
Task
Code
80282
80286
80290
4 Concrete Block, ASTM C140 Rate Metal and Steel Testing, Continued Rate Compression 116.00$ Hardness Test (ASTM E18) 99.00$ Absorption/Moisture Content/Oven Dry Density 116.00$ Bolt Axial Tensile Test (Up To 7/8" Diameter) 89.00$ Linear Shrinkage (ASTM C426) 335.00$ Bolt Wedge Tensile Test (Up To 7/8" Diameter) 99.00$ Web And Face Shell Measurements 70.00$ Bolt Axial Tensile Test (Greater Than 7/8" Up To 1" diameter) 105.00$ Tension Test 215.00$ Bolt Wedge Tensile Test (Greater Than 7/8" Up To 1" Diameter) 135.00$ Core Compression 110.00$ Bolt Axial Tensile Test (Greater Than 1" Diameter) 146.00$ Shear Test Of Masonry Cores 2 Faces 135.00$ Bolt Wedge Tensile Test (Greater Than 1" Diameter) 160.00$ Efflorescence Tests 104.00$ Bolt Proof Load Test (Up To 7/8") 112.00$ Bolt Proof Load Test (Greater Than 7/8" Up To 1" Diameter) 140.00$ Bolt Proof Load Test (Greater Than 1") 155.00$
Masonry Prisms, ASTM C1314 Rate Nut Proof Load Test (Up To 7/8") 95.00$ Compression Test, Composite Masonry Prisms Up To 8" x 16" 245.00$ Nut Proof Load Test (Greater Than 7/8" Up To 1" Diameter) 110.00$ Compression Test, Composite Masonry Prisms > 8" x 16" 275.00$ Nut Proof Load Test (Greater Than 1") 120.00$ Prism Cord Modulus of Elasticity 785.00$
Prism Cord Modulus Of Elasticity With Transverse Strain 935.00$ (For Double-Wythe Specimen) Chemical Testing Of Metal And Steel Rate Steel Chemical Analysis Quotation
Weight Of Galvanized Coating (ASTM A90) 125.00$
Mortar And Grout Rate Epoxy Coating Thickness 135.00$
Compression 2" x 4" Mortar Cylinders (ASTM C780) 68.00$ Coating Thickness 135.00$ Compression 3" x 3" x 6" Grout Prisms, Includes Trimming 68.00$ (ASTM C1019) Machining And Preparation Of Tensile And Bend Compression 2" Cubes (ASTM C109) 68.00$ Sample: Carbon Steel Rate Compression Cores Includes Trimming (ASTM C42) 101.00$ Machinist Initial Preparation From Mock-Up, Etc. (Per Hour) 200.00$ Sawcut To Overall Width (Per 0.5" Thickness Or Fraction 91.00$ Thereof)
Masonry Specimen Preparation Rate Machine To Test Configuration Milled Specimens 132.00$ Cutting Of Cubes Or Prisms 84.00$ Machine To Test Configuration Turned Specimens (Per 0.5" 235.00$ Thickness Or Fraction Thereof)
Prepare Subsize Specimens (Per 0.5" Thickness Or Fraction 160.00$ Fireproofing Tests Rate Thereof)
Oven Dry Density (ASTM E605) 101.00$
Charpy Impact Rate
Gunite And Shotcrete Tests Rate Charpy Impact Ambient Temperature 118.00$ Core Compression Including Trimming (ASTM C42) 118.00$ Charpy Impact Reduced Temperature 156.00$ Compression Cubes (Includes Saw Cutting) 84.00$
Concrete Roof Fill: Gypsum, Vermiculite, Perlite, Machining Of Charpy Samples: Carbon Steel Rate Lightweight Insulating Concrete, Etc. Rate Cutting And Milling (Per 0.5" Or Fraction Thereof) 106.00$ Compression Test (ASTM C495 and C472) 84.00$ Final Machining To Sample Configuration 129.00$ Air Dry Density (ASTM C472) 73.00$
Oven Dry Density (ASTM C495) 101.00$
Prestressing Wires And Tendons, (ASTM A416) Rate
Stress-Strain Analysis Wire Or Strands (Including Chart And 284.00$ Reinforcing Steel, ASTM A615, A706 Rate Percent Offset) Tensile Test #11 Or Smaller 85.00$ Tensile Test Only 212.00$ Bend Test #11 Or Smaller 85.00$ Tendons Quotation Bend Test #14 Or #18 475.00$
Tensile Test #14 350.00$
Tensile Test #18 475.00$ Polymer Matrix Composite Materials (Fiberwrap) Rate Tensile Strength – Set of 5 Specimens/Batch/Direction 1,560.00$ (ASTM D3039)
Reinforcing Steel - Welded Or Coupled Specimens Rate Tensile Strength – Additional Specimens (ASTM D3039) 350.00$ Tensile Test Welded/Coupled #11 And Smaller 95.00$ (ASTM D3039) Tensile Test Welded/Coupled #14 323.00$ Heating Chamber Time – Per 24 Hr. Period 140.00$ Tensile Test Welded/Coupled #18 457.00$
Weld Macroetch 106.00$
Slippage Test - Caltrans (CTM 670) 350.00$ Calibration Services And Universal Machine Usage Rate Tensile Test Welded Hoops #11 And Smaller 475.00$ Calibration/Verification Services Quotation Universal Test Machine Usage (Per Hour) 529.00$
Metal and Steel Testing Rate Specialty Testing
Tensile Strength Up To 100K Pounds (Each) 95.00$ - Cylic And Fatigue Testing Programs On Special Products/Parts Tensile Strength Up To 200K Pounds (Each) 106.00$ - Engineering And Technical Supports/Design Of Prototypes And Special Test Set-Up Tensile Strength Up To 300K Pounds (Each) 134.00$ - Fastener/Coupling Full Testing Program Per New Regulations: Tension, Tension/Bend, Tensile Strength Up To 400K Pounds (Each) 196.00$ Shear, Double Shear, 8 Compressions Tensile Strength 400K To 600K Pounds (Each) 445.00$ - Fiberglass/Composite Materials Field Testing Program (ASTM D1143 D1242, Tensile Strength Stress-Strain Percent Offset 279.00$ D2584, D4065, D4476, D4923, D7901, D7921, and D732) Weld Macroetch 106.00$ - Field Testing Of Structures And Structural Elements Weld Fracture 56.00$ - In-Place Shear Testing Bend Test 89.00$ - Materials And/Or Product Evaluation Per Specifications Flattening Test 89.00$ - Structural Dynamic Testing And Durability Analysis General Conditions
NOTE: A minimum of 24 hours notice is required for testing and inspection services.
NOTE: Rates will be adjusted annually each July 1st to reflect increased costs.
Administrative Fees
All administrative fees, except as noted below, including report distribution and Twining Construction Hive system are billed at the following percentage of the monthly invoice total:
20504
20505
Task
20365
20379
Task
20617
20708
20603
20605
20532
Task
20634
20547
20609
Code
20601
80176
80173
Code
Task
20523
20641
20615
20621
20357
20623
Task
20703
20640
Code
80170
Task
20753
20347
20607
20361
Task
20371
Code
20780
20783
Code
20373
20705
Code
Task
20801
20707
20701
Code
20507 Code
20531
20545
20611
20525
20803
20529
20501
20503
Code
20351
20353
80177
20335
20331
Code
20343
20339
Task
20751
Task
20630
20619
20631
20637
20638
20639
20636
20341
Code
20355
20346
20635
20632
20323
20321
20327
20633
Code
Task
20333
20706
20759
Code
20755
Task
Code
Task
Task
20757
Code
5%
Task
Code
Task
Code
20155
Task
20521
Task
Code
20401
20329
5 General Conditions, Continued
Note that hard copies of reports will be sent only to governing jurisdictions that mandate them. All other parties will receive reports electronically. The administrative fee above will receive reports electronically. The administrative fee above will be increased by 1% if additional hard copies of reports are requested. Submittal of project specific forms or resumes will be billed hourly at the Administrative Support Rate.
Minimum Charges (Inspection and Technician Personnel Only - Other Personnel Charged on Portal to Portal Basis) 2-Hour Minimum: Inspector arrives at jobsite, no work to perform 4-Hour Minimum: 1 to 4 hours of inspection
8-Hour Minimum: Over 4 to 8 hours of inspection
Regular Time (All Types of Inspection and also All Non-Exempt Employees) The first 8 hours worked Monday through Friday between 5:00 a.m. and 5:00 p.m. except as noted otherwise below.
Time and One-Half (All Types of Inspection and also All Non-Exempt Employees) All shifts will be billed based on the time and date of their start. Any increment past 8 hours through 12 hours worked Monday through Friday and the first 12 hours on Saturday. Time and one-half will also be charged for the first four hours before 5:00 a.m. and after 5:00 p.m.
Double Time (All Types of Inspection and also All Non-Exempt Employees) After the first four hours worked before 5:00 a.m. and after 5:00 p.m. Holidays are New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, the day after Thanksgiving, Christmas Day, and Local 12 general meeting days (First Saturday in June, First Saturday in December). If any of the holidays should fall on Sunday, the Monday following shall be considered the holiday. If Christmas or New Year's Day should fall on a Saturday, the Friday preceding shall be considered a holiday.
Meal Period
When personnel are required by their duties to work more than five consecutive hours without a one-half hour uninterrupted meal period, one half hour at double time rate will be charged in addition to any applicable overtime for actual hours worked.
Shift Differential (Applies to Regularly Scheduled Shifts Only) A $1.00 per hour shift differential premium will be charged for all inspection hours that fall outside of the 5:00 a.m. to 5:00 p.m. time period.
Twining will require 48-hour notice along with the General Contractors approved shift letter prior to beginning a shift that will include hours falling outside this time period.
Should this notice not be provided, all work performed on that shift will be billed at the applicable overtime or double time rate.
If three shifts per day are required, the first shift will be billed at the standard rate. The second shift shall be billed in accordance with the previous paragraph.
The third shift shall be billed at 8 hours for the first 6 1/2 hours worked and appropriate overtime or double time for all hours thereafter.
Travel Time and Mileage
For projects outside a 50-mile radius from the nearest Twining facility, per excess mile to and from the project will be charged for inspectors and technicians. Other than small tools, whenever project related equipment is required to be transported to and from the project site, time and mileage for inspectors and field technicians will be billed on a portal to portal basis.
For all projects, current IRS mileage rate per mile and applicable travel time will be charged portal to portal for engineers, consultants, supervisors, and laboratory technicians from the laboratory to the project site and return.
For work locations located 100 miles or more from Twining, travel time will be charged at the relevant rate for inspectors and technicians in addition to a subsistence allowance as detailed below.
Weekend Sample Pick-Ups
In order to be in conformance with testing standards, it may be required that weekend pick-ups be performed (e.g. concrete specimens cast on Friday must be picked up on weekend in order to be in conformance with ASTM C31 requiring specimens to be moved to their final curing location within 48 hours of casting.) Applicable charges for weekend work will apply when this is required. Should these charges not be authorized, Twining will not be liable for any negative consequences.
Reimbursable Expenses
Parking, air fare, car rental, food, lodging and project specific software/applications (e.g. PlanGrid, Procore, etc.) will be charged at cost plus 20% per processed invoice, unless provided by client.
Project Specific Documents
Costs presented assume that client will provide project specific documents (plans, specifications, submittals, RFIs, etc.) for all inspection personnel. Should project specific documents be provided electronically through a "for fee" service, the client will be responsible for providing access and paying any fees for the service.
Project Site Facilities
Prices quoted assume that initial curing facilities for test samples that comply with relevant test standards and project requirements are provided by others. In addition, prices quoted assume that work/desk space for inspection staff are provided by others. Additional costs, provided by quotation, will apply should Twining be required to provide such facilities.
Subsistence
Subsistence on remote jobs will be charged per quotation.
Laboratory Testing Hours and Expedited Testing
Please note that laboratory testing will be billed on an hourly basis for non-standard tests. If testing is required to be performed on Saturdays, Sundays, holidays, or before 5:30 a.m. or after 4:00 p.m. on weekdays, an additional hourly charge, at the applicable regular, overtime or double time rate, with a minimum of one hour will be applied for the laboratory technician. For rush testing a 50% surcharge in addition to the regular test rate will apply.
Charges for Subcontracted Services
Material sent to outside laboratory for testing:
Material sent to outside fabricator or machine shop:
Glu-Lam beam inspection:
Other subcontractors:
Project exclusive equipment purchase:
Limit of Liability
Client agrees to limit Twining's aggregate liability to all entities for alleged or actual errors and omissions in the performance of its professional services under this agreement to $50,000.00 or the fees actually paid to Twining, whichever amount is greater. Higher limits may be available by quotation.
Additional Insurance Coverage
Any requirements for additional insurance policies or coverage beyond our normal policies/limits (e.g. SML coverage) may be provided at an additional fee and will be quoted on a per project requirements basis.
Certified Payroll
Certified payroll will be provided, upon request, at an additional charge of $150.00/month. Fee applies to every month that certified payroll must be submitted regardless of whether or not services were provided for any given month. Prevailing wages will be increased annually as a function of the determination of the California Department of Industrial Relations.
Cost plus 20%
Cost plus 20%
Cost plus 20%
Cost plus 20%
Cost plus 20%
6 General Conditions, Continued
Final Reports Required by Jurisdiction
If a final report or affidavit is required, we must first review all inspection and testing reports and clear up any unresolved issues on these reports. These issues will typically require approval by the engineer or architect of record. This process can take several weeks or just a day, depending on the number and complexity of the issues. Cost for final reports will be billed hourly.
Terms of Payment
Fees charged are for professional and technical services and are due upon presentation. If not paid within 30 days from date of invoice, they are considered past due and the maximum legal finance charge will be added to the unpaid balance.
In addition, should the client require that invoices be submitted through a web based or electronic system, the client will be responsible for all costs associated with the use of the system.
A 3% fee will be applied for payments processed by credit card.
All invoice errors or necessary corrections shall be brought to the attention of Twining within 15 days of receipt of invoice. Thereafter, customer acknowledges invoices are correct and valid. Twining reserves the right to terminate its services to a customer without notice if all invoices are not current. Upon such termination of services, the entire amount accrued for all services performed shall immediately become due and payable. Customer waives any and all claims against Twining, its subsidiaries, affiliates, servants, and agents for termination of work on account of these terms.
In the event of any litigation arising from or related to any agreement to provide services whether verbal or written, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such litigation. Additionally, in the event of a non-adjudicative settlement of litigation between the parties or a resolution of dispute by arbitration, that same process shall determine the prevailing party.
Hold Specimens
All "hold" specimens are charged at the applicable test rate whether tested or not.
Specimen Sampling and Disposal
Twining samples materials used in construction in accordance with standard practices, methods, codes, and relevant project requirements. Representativeness of sampling and accuracy of testing are subject to the same probabilistic and precision limitations as governing standards, codes and project technical provisions.
Should samples be provided by others Twining cannot warrant or guarantee that material is representative of material that is or will be used in actual construction of the project.
Specimens will be discarded after testing unless Twining has been notified prior to testing that the customer wishes to retrieve the specimens or storage arrangements are made. Costs for storage will be by quotation.
Oversize Specimens
An extra charge will be made when test specimens require more than one person to handle because of size or weight.
Elevated Work Platforms
In the event an elevated work platform is required to safely complete our work, the client must provide safe access for Twining personnel for all required inspection, testing, sampling, etc. including a trained and certified operator or qualified inspector as applicable. Twining will not be responsible for signing waivers associated with providing such access. Should Twining be required to supply an elevated work platform, we will contract with a qualified vendor and the markups shown above will apply. 7 2026 Hourly Rates
3QC is a commissioning-focused firm and understands the flexibility needed to support a program with moving priorities and schedule challenges. We have a large team of resources to support any changing priorities. 3QC provides quality services at highly competitive rat es. Hourly rates are provided for additional servic es and include overhead expenses related to each position.
POSITION R AT E
Commissioning Authority 264.00
Commissioning Agent 259.00
Sr. Commissioning Provider 248.00
Sr. Project Manager 240.00
Project Manager 227.00
Commissioning Provider 223.00
Staff Engineer 208.00
Commissioning Tech II 181.00
Commissioning Tech I 167.00
Low Voltage Cx Provider 234.00
Fire Protection Cx Provider 262.00
LEED Consultant 203.00
LEED Administrator 165.00
Sr. Administrator 115.00
Administrator 98.00
*Note: These hourly rates are valid for 2026. There will be a yearly increase in hourly rates of 3% each year. 55575.18100\42907009.1
BB&K (2024) Page 26 of 26
EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N -6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The Consultant hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the Consultant is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N -6-22 and b) the person signing below is duly authorized to legally bind the Consultant. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date: