Attachment B - TKE -
Professional Services
Agreement
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PROFESSIONAL SERVICES AGREEMENT
ON-CALL CIVIL PLAN CHECK SERVICES
This Professional Services Agreement (“Agreement”) is entered into this 1st day of July 2026 (“Effective Date”), by and between the City of Palm Springs , a California charter city and municipal corporation, (“City”) and TKE Engineering, Inc., a California corporation (“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, for on-call civil engineering plan check services for development within the City of Palm Springs (“Project”).
B. Consultant has submitted to City a proposal to provide on- call civil engineering plan check services for development within the City of Palm Springs , 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) RFQ 02-26; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant ’s Proposal”), (collectively referred to as the “Contract Documents” ). RFQ 02 -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 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
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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.
1.6 Performance of Services. City Manager or Director Engineering/City Engineer, as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to per form extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager or the Director Engineering/City Engineer to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform the Work.
2. COMPENSATION
2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the Services required by this Agreement will vary dependent upon the number, type, and extent of the Services the Consultant shall provide; and no guarantee of the extent or the type of Services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant’s Services has not been identified for this Agreement, City and Consultant hereby acknowledge and agree that a specific “Maximum Contract Amount” shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.6 and in this Section 2.1. Each such separate project shall be identified as a Task Order authorized by the Director Engineering/City Engineer or the City Manager as provided in this Section 2.1. 55575.18100\42907009.1
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Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the fee schedule set forth in Exhibit “ B”. The total amount of Compensation for the duration of the term of this agreement, as defined in Section 3.1, shall not exceed $ 2,500,000.
The method of compensation for each separate City authorized Task Order may include: (i) a not- to-exceed payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates (Fee Schedule) as shown on Exhibit “B”, or (iii) such other methods as may be specified in the Schedule of Compensation.
Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation, therefore.
It is expressly agreed that the maximum contract amount of this Agreement is undefined and is subject to the number and type of projects requiring the Consultant’s Services throughout the duration of the term of this Agreement, if any. Consultant’s compensation shall be limited to the Maximum Contract Amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant.
By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required Services necessary for the projects.
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 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 addi tional services not included in this A greement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession. 55575.18100\42907009.1
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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 five years , commencing on the Effective Date, and ending on June 30, 2031, unless extended by mutual written agreement of the Parties.
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. Inentionally Omitted.
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: Terry 55575.18100\42907009.1
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Renner, Senior Vice President . 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 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 55575.18100\42907009.1
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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 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 55575.18100\42907009.1
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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.
(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 Agreem ent. 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 55575.18100\42907009.1
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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 55575.18100\42907009.1
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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 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 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 55575.18100\42907009.1
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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).
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 55575.18100\42907009.1
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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 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 exercis e 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.
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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 acc epted 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 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 55575.18100\42907009.1
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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 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.
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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, informati on 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. 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 55575.18100\42907009.1
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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 Stat es 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: TKE Engineering, Inc.
Attention: Terry Renner, Senior Vice President
2305 Chicago Avenue
Riverside, CA 92507
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 55575.18100\42907009.1
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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 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 TKE ENGINEERING, INC.
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
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EXHIBIT “A”
SCOPE OF SERVICES
1.1. Background:
The City of Palm Springs is requesting statements of qualifications from qualified professional firms to provide the City with on -call civil engineering plan check services, (hereinafter the “Project”). The selected firm(s) will be expected to provide var ious professional services as necessary to complete review and approval of various plans, maps, and studies for the City.
The City of Palm Springs currently uses contractual civil engineering plan-check services to provide necessary independent review of private development improvement plans, maps, and technical studies/reports for projects within the City.
The City of Palm Springs Engineering Services Department coordinates the review and approval of all improvement plans related to private development (excluding building and related plans), consisting of a variety of grading plans, street improvement plans, storm drain improvement plans, sewer improvement plans, traffic signal improvement plans, on- site improvement (grading and paving) plans, as well as a variety of other types of construction improvement plans and final/parcel maps. In addition to individual plan check review, the City’s civil engineering plan- check consultants provide independent review of technical studies and reports (including sewer studies, traffic studies, geotechnical reports, stormwater pollution prevention/NPDES plans, and water quality management plans), and render appropriate review of the analysis and proposed mitigation. Services will also include review and verification of Right-of-Way documents including, but not limited to, legal descriptions for easements, dedications, lot line adjustments, certificates of compliance, and parcel mergers.
1.2. Scope:
A. The Scope of Work shall consist of providing civil engineering plan- check services of various development items, consisting of improvement plans (including, but not limited to:
rough grading, street, sewer, storm drain, on- site grading/paving, traffic signal, traffic striping/signage); subdivision maps (final tract maps and parcel maps); and professional studies (including, but not limited to: hydrology/hydraulic, sewer, traffic, geotechnical, storm water pollution prevention/NPDES and water quality management plans). Services will also include review and verification of Right -of-Way documents including, but not limited to legal descriptions for easements, dedications, lot line adjustments, certificates of compliance, and parcel mergers.
B. The Consultant shall act as the City Surveyor and Traffic Engineer through the development process. In addition, the City shall require the Consultant be the City Surveyor or Traffic Engineer outside the development process. The Consultant shall advise the City on Traffic Engineering and Survey/Mapping issues or questions.
C. The City is entering into Agreement s with two on-call civil plan check consult ing firms, Engineering Resoucrse of Southern California, Inc., and TKE Engineering, Inc, therefore, if one consulting firm has prepared and submitted for approval to the City , including but 55575.18100\42907009.1
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not limited to, improvement plans, associated technical studies, and final or parcel maps for development projects located within the City of Palm Springs during the term of this Agreement, the other consulting firm shall be required to review those items prepared. a. For example if TKE Engineering, Inc. prepared a parcel map and submitted to the City of Palm Springs for review and approval Engineering Resouces of Southern California, Inc., would be the only authorized on-call civil plan check consultant to provide such services.
D. Consultant shall be required to adhere to the City’s existing civil engineering plan check service process which is currently a 100% electronic plan submittal and plan review process. Consultant shall be responsible for implementing the 100% electronic plan submittal and plan review process with the City. Consultant shall be required to coordinate with the City’s IT Department in becoming integrated into the City’s software systems as available. The City currently has implemented a global Enterprise Resour ce Planner (ERP) system called Enterprise Permitting & Licensing (EPL) with Tyler Technologies, Inc.
EPL utilizes BlueBeam as the built-in plan check software. Consultant shall integrate and interface with the City’s system accordingly for plan check services rendered using the system. Consultant shall also be required for furnishing and providing its own electronic system for City use on its IT system, subject to review and approval by the City’s IT Director.
E. In conformance with the approved Performance Schedule, civil engineering plan- check consultants shall provide a thorough and complete initial plan- check using the highest professional standards. An initial plan- check shall be provided in conformance with City of Palm Springs standards, civil engineering design guidelines appropriate for the type of work (Standard Specifications for Public Works Construction “Greenbook”, State of California Standards “Caltrans” Specifications, Caltrans Highway Design Manual , and various other design guidelines), as well as all relevant ordinances, resolutions, statutes, rules, and regulations of the City, and all other local, state or federal governmental agency having jurisdiction over the type and location of the development activity.
F. The Engineering Services Department shall not accept a development item for initial plan- check until a complete plan-check package is provided by the developer. Consultant shall be expected to review development items (plans, maps, or professional studies ) in conformance with and in relation to the following related items:
a. Adopted “Conditions of Approval”, and applicable plan check items, by City Council Resolution (relative to Planned Development Districts, Tentative Tract/Parcel Maps, Architectural Approvals, Conditional Use Permits, etc.) b. Approved Site Plans or Tentative Maps
c. Planning Department comments, as relevant
d. Title Report, Current Tax Bill or other property ownership verification e. Professional Studies (geotechnical, hydrology, sewer, traffic, etc.) f. Verification of issuance of a General Construction Activity Storm Water Permit, if required
g. Grants or Vacations of Right-of-Way, as relevant
h. Traverse, Lot and Tract Boundary Closures for final or parcel maps i. Reference maps, Assessor Maps, and other information related to final or parcel maps
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G. In reviewing improvement plans; Consultant shall ensure that all “Conditions of Approval” are met, such as: required frontage improvements (sidewalk/bikeway widths, color and treatment); required street pavement section and street design; minimum/maximum percentage slopes; and parking lot layout and design (in conformance with the Zoning Code), as an example. Consultant shall follow the Engineering Services Department’s latest improvement plan check sheets to ensure that minimum standards are met; and shall ensure that the latest general notes are included on the first sheet of each plan set.
Consultant shall be expected to physically visit each development location and to ensure that improvement plans subject to plan-check review “fit” within the real world. A site visit for each location is to be considered expected unless otherwise waived by the City Engineer.
H. In reviewing final or parcel maps; Consultant shall ensure that all “Conditions of Approval” are met, such as required public and private right-of-way or easement dedications, right- of-way vacations, land transfers, conservation or public space easements, and drainage/public utility easement dedications, as an example. Consultant shall ensure that all final or parcel maps are technically correct and meet current local and state regulations.
It shall be Consultant’s responsibility to review the title repor t for subdivision guarantee and determine that the final or parcel map boundary is consistent with the description given in the title report; as well as ensure that the appropriate signatories and executors of the final or parcel map are consistent with the current vesting ownership indicated in the title report.
I. Upon completion of the first (initial) plan- check, Consultant shall provide a complete and thorough itemized written list of plan- check comments for use by the developer’s consultant in revising the initial plans, map or professional study. The Engineering Services Department shall expect the first plan-check comments to be of such detail and completeness so new plan- check comments on subsequent plan- check submittals are avoided, if at all possible, except when as a result of changes or modifications to the initial plans. Consultant shall maintain its own plan -check files with copies of initial and subsequent drafts of plans or maps, plan-check comments from the initial and subsequent reviews, and relevant documentation and data. Consultant shall scan all red -lined plans returned to the developer’s consultant for correction as part of its plan-check file, and shall make the scanned plans available to the City upon request.
J. Throughout the plan-check process, Consultant shall be expected to be available to meet, as necessary, with the Engineering Services Department and/or the developer’s consultant to discuss plan-check review comments. Fees for time required to meet with City staff or the developer’s consultant shall be included in the plan- check service fee charged by Consultant, and shall not be separately paid for outside of the plan- check process.
K. All plan-check services shall be performed by or under the responsible charge of a California licensed professional eligible to prepare and sign the type of map, plan, or professional study being reviewed. Consultant shall sign and stamp original, signed mylar plans when ready for approval by the City Engineer; and shall submit an approval letter to the City Engineer stating that the subject development item (improvement plan, map or professional study) has been reviewed and approved by Consultant.
L. Consultant shall agree to all requests for expedited or “fast track” plan- checking, in conformance with the approved “fast track” Performance Schedule.
M. Consultant shall NOT subcontract or assign work to other consultants or firms unless identified in the original proposal and approved by the City in award of the professional 55575.18100\42907009.1
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services agreement to Consultant. Subsequent substitution of subconsultants shall not be allowed unless otherwise specifically authorized by the City Engineer.
1.3. Schedule:
A. Timely review of improvement plans, associated technical studies, and final or parcel maps is vital to the successful development of the City of Palm Springs. In order to promote a “business friendly” environment, the City of Palm Springs expects Consultan t to be aware and sensitive of the cost to the development community of delays attributed to plan-check review, and to adhere to Performance Schedules, provide complete and thorough initial plan- check review, and be available as necessary to address issues regarding plan- check items. Consultant shall consider its plan -check “contracts” as important as its own in-house projects.
B. Currently, for civil engineering plan- check services of plans or maps, the City of Palm Springs requires the following schedule of performance:
a. Performance Schedule (Normal):
i. Initial draft (first submittal) shall be transmitted by the Engineering Services Department within two (2) working days of notification. ii. First submittal shall be reviewed, checked for accuracy, and returned to the Engineer of Record with a copy to the City within two (2) working days plus one (1) working day per sheet following transmission from the Engineering Services Department.
iii. Second and subsequent drafts shall be transmitted by the Engineering Services Department within two (2) working days of notification. iv. Second and subsequent drafts shall be reviewed, checked for correction of plan-check comments and returned to the Engineer of Record with a copy to the City within two (2) working days plus one (1) working day per sheet following transmission from the Engineering Services Department. v. Working days are Monday through Friday, not counting City Holidays: CITY “OBSERVED” DATES*, to be updated annually.
vi. Note: Although the City has implemented a four day work week where City Hall is closed on Fridays, Consultant shall be required to consider Friday as a working day in compliance with performance of their plan check services.
vii. Example of a 3-sheet plan-check Performance Schedule:
1. Notified on Day 1 (i.e. Monday)
2. Pick-up by Day 3 (i.e. Wednesday)
3. Return by Day 8 (i.e. following Wednesday)
b. Fast Track: Performance Schedule: At times, the development community requests an expedited “fast track” plan-check review process. Currently, for Fast Track plan-checking, Performance Schedule is accelerated by 50% of the normal Performance Schedule, as follows:
i. Initial draft (first submittal) shall be transmitted by the Engineering Services Department within one (1) working day of notification.
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ii. First submittal shall be reviewed, checked for accuracy, and returned to the Engineer of Record with a copy to the City within one (1) working day plus half (½) working day per sheet following transmission from the Engineering Services Department.
iii. Second and subsequent drafts shall be transmitted by the Engineering Services Department within one (1) working day of notification. iv. Second and subsequent drafts shall be reviewed, checked for correction of plan-check comments, and returned to the Engineer of Record with a copy to the City within one (1) working day plus half (½) work ing day per sheet following transmission from the Engineering Services Department. v. Example of a 3-sheet plan-check performance:
1. Notified on Day 1 (i.e. Monday)
2. Pick-up by Day 2 (i.e. Tuesday)
3. Return by mid-Day 4 (i.e. noon Friday)
c. For professional studies, an appropriate amount of review time depending upon the scope and extent of the study, not to exceed 5 working days, is allowed. The review time for a specific professional study upon first (initial) submittal shall be mutually agreed upon by the Engineering Services Department and the civil engineering plan-check consultant assigned to perform the review.
Work will commence on July 1, 2026, and all work shall be completed by June 30, 2031.
1.4. Compensation:
The City provides a not -to-exceed payment to Consultant following review and approval up to the third submittal (draft) of an item for plan- checking (improvement plan, map, or professional report). City requires Consultant to perform a thorough and complete plan- check of the initial (fir st) submittal, and the developer’s consultant to address the plan- checker’s initial comments such that final plans are ready for approval and the City Engineer’s signature upon completion of the third submittal.
In the event this requirement is not achieved, the Engineering Services Department shall review outstanding plan-check comments and determine if additional plan -check service fees shall be assessed to the developer. In those cases where it is determined that plan- check comments have not been addressed to the City’s satisfaction, an additional plan- check service fee of 50% the normal fee shall be assessed for subsequent reviews of items for plan-check following the third submittal.
However, the Engineering Services Department shall not approve additional plan- check service fees in the event it has been demonstrated that new plan check comments were identified on second and subsequent reviews which should have been identified on the first submittal.
Rates for each type of review are to be established based upon the projected cost of time & material spent by a reviewer qualified to perform each of the associated review types listed in the scope of work. Compensation for time shall be based upon wages f or each position expected to be involved in a review type and should be equivalent to the prevailing wage for each position. Compensation for the additional work, as requested by the City for City Surveyor & Traffic Engineer services, will be compensated at an established hourly rate equivalent to the prevailing wage associated with those positions. 55575.18100\42907009.1
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An expedited “Fast Track” fee is to be established for each review type as a fixed percentage increase to the base review fees already to be charged.
In the event a plan check item is not resubmitted for review after 3 months following a previous plan- check, the item is considered “dead”, and the Engineering Services Department allows its Consultant to request a 50% payment of the not-to-exceed amount.
In the event a plan check item has gone two or more plan-check cycles and the project is withdrawn, the Engineering Services Department allows its Consultant to request the remaining 50% payment of the not -to-exceed amount, or in the event a previous part ial payment was not made, to request the entire not-to-exceed payment.
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 QUALIFICATIONS 02-26
ON-CALL CIVIL PLAN CHECK SERVICES
ISSUED: MARCH 30, 2026
Per Addendum No. 3
TABLE OF CONTENTS
SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS .............................................. 1
1.1. Request for Statement of Qualifications ................................................................... 1
1.2. Term ......................................................................................................................... 1
1.3. Schedule .................................................................................................................. 1
1.4. Procurement Officer and Delivery Address: .............................................................. 1 SECTION 2 – INSTRUCTIONS TO RESPONDERS ............................................................... 2
2.1. Obtaining RFQ Documents and Addenda: ................................................................ 2
2.2. Pre-Qualification Conference: ................................................................................... 2
2.3. Responder’s Minimum Requirements: ...................................................................... 2
2.4. Submission of Statements of qualifications: .............................................................. 3 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT ........................................ 4
3.1. Request for Clarifications/Questions: ........................................................................ 4
3.2. Responders Ethical Behavior: .................................................................................. 4
3.3. Statements of Qualifications to Remain Open: ......................................................... 4
3.4. Right to Accept or Reject Statements of Qualifications: ............................................ 4
3.5. Responsibility of Responder: .................................................................................... 4
3.6. Insurance: ................................................................................................................ 4
3.7. Public Record: .......................................................................................................... 4
3.8. Cost Related to Statement of Qualifications Preparation: ......................................... 5
3.9. Compliance with Law:............................................................................................... 6
3.10. Licenses, Permits, Fees and Assessments: ............................................................. 6
3.11. Investigations: .......................................................................................................... 6
3.12. Non-Collusion: .......................................................................................................... 6
3.13. Signed Statement of Qualifications and Exceptions: ................................................. 6
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: ................................................................................................................11
4.4. Compensation: ........................................................................................................13 SECTION 5 – STATEMENT OF QUALIFICATIONS FORMAT AND ORGANIZATION ...........14
5.1. Statement of Qualifications Requirements: ..............................................................14
5.2. Statement of Qualifications Format: .........................................................................14
5.3. Statement of Qualifications Content: .......................................................................14
5.4. Submission of Statement of Qualifications: ..............................................................16 SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION........................................17
6.1. Evaluation of Statements of Qualifications: ..............................................................17
6.2. Selection Process and Award of Contract: ...............................................................17 SECTION 7 – RFQ FORMS ...................................................................................................19 SECTION 8 – SAMPLE AGREEMENT ................................................................................... 1
SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS
1.1. Request for Statement of Qualifications
The City of Palm Springs is requesting statements of qualifications from qualified firms to provide the City with on-call civil engineering plan check services. The scope of work will consist of providing on-call civil engineering professional services as necessary to complete review and approvals of various plans, maps, and studies for the City.
1.2. Term
The existing civil engineering plan- check services contract is due to expire on June 30, 2026. The firm secured through this solicitation is anticipated to initiate services starting July 1, 2026, and continuing through June 30, 2031, for a five-year term. The City intends to award as many as two contracts for plan checking services.
1.3. Schedule
The following is the schedule for this procurement:
Activity Due/Time
Request for Qualifications Issued March 30, 2026
Pre-Qualification Conference
Tuesday, April 7, 2026, at 9:00 am
PDT
Requests for Clarifications from Responders
are due
Tuesday, April 14, 2026, at 2:00 pm
PDT
Responses to Requests for Clarification will
be posted via Addendum Tuesday, April 21, 2026
Statements of Qualifications are Due Tuesday, April 28, 2026, at 2:00 pm PDT
Interviews (if necessary) May 2026 (week of May 11, 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 RESPONDERS
2.1. Obtaining RFQ Documents and Addenda:
RFQ documents including Addenda can be found on PlanetBids at:
https://pbsystem.planetbids.com/portal/47688/portal-home Responders will then need to log in and locate this RFQ for all related documents. It is the Responders 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 RFQ.
2.2. Pre-Qualification Conference:
A Pre-Qualification Conference will be held as follows:
Date: TUESDAY, APRIL 7, 2026
Time: 9:00 am PDT
Location: Virtually. - Interested participants who wish to participate in the Prequalification 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/21329691817216?p=vOeJqlFz2dYJvHnFr7 Meeting ID: 213 296 918 172 16
Passcode: sX29ia3o
Dial in by phone
+1 872-239-6004,,883019907# United States, Chicago
Phone conference ID: 883 019 907#
Find a local number | Reset dial-in PIN
All Responders are highly encouraged to attend this conference to learn more about the requirements of this solicitation.
2.3. Responder’s Minimum Requirements:
A. Experience: The Responder must have at least ten (10) years’ experience in providing plan check services and preparation of civil engineering plans for municipal government, private development, and public works projects in the last twenty (20) years. Responders shall outline this experience in Section A of the statement of qualifications.
B. Knowledge: The City of Palm Springs relies on the professionalism and competence of the selected firm(s) to be knowledgeable of the general areas identified in the scope of work . The Respondent must have knowledge of civil engineering, traffic engineering, surveying, and all associated legal requirements under California, County and local laws. Responders shall outline this knowledge in Section A of the statement of qualifications
C. License Requirements: Responder must have on staff at least one of each of the following: a California registered Civil Engineer, a California registered Land Surveyor or a Civil Engineer licensed prior to January 1, 1982, and a California registered Traffic Engineer. Each shall be capable of performing all associated plan checking,
City Surveyor, and Traffic Engineer services associated with the scope of work.
Responders shall submit required licenses with Attachment A.
D. 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”. Responders 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 Statements of qualifications:
1. Requests for Qualifications will be electronically received through the Planet Bids electronic platform as provided in this RFQ until the time specified in the schedule.
The receiving time date stamp in the electronic Planet Bids system will be the governing time for acceptability of Statements of qualifications. Paper statements of qualifications, or statements of qualifications sent by any other means will not be accepted. Failure to register as a Responder to this RFQ process per the instructions in the Requests for Qualifications (under “Obtaining RFQ Documents”) may result in not receiving Addenda or other important information pertaining to this process.
Failure to acknowledge Addenda may render a statement of qualifications as being non-responsive or negatively impact the evaluation of a statement of qualifications .
Statement of Qualification 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 RFQ.
B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFQ . 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. Responders Ethical Behavior:
Responders, 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 RFQ other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a statement of qualifications.
3.3. Statements of Qualifications to Remain Open:
The Responder shall guarantee that all contents of their statement of qualifications shall be valid for a period of 120 calendar days from the due date of statements of qualifications.
3.4. Right to Accept or Reject Statements of Qualifications:
The City of Palm Springs reserves the right to waive any informality or technical defect in a statement of qualifications and to accept or reject, in whole or in part, any or all statements of qualifications and to cancel all or part of this RFQ and seek new statements of qualifications , 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 Responder:
All firms responding to this RFQ 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 RFQ without an authorized signature, falsified any information in the statement of qualifications package, etc.), the statement of qualifications shall be rejected.
3.6. Insurance:
Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFQ . The successful Responder will be required to comply with these provisions. It is recommended that Responders have their insurance provider review the insurance provisions BEFORE they submit their statement of qualifications.
3.7. Public Record:
1. 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.
2. 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 statement of qualifications 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.
3. If a submitting party contends that a portion of the statement of qualifications 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 l aws 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 statement of qualifications 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 statement of qualifications or other information or documents submitted to the City as part of this RFQ process. The City may not recog nize statements of qualifications where all the information, via a blanket statement is submitted as proprietary information or a trade secret. Such statements of qualifications may be found non-responsive.
3.8. Cost Related to Statement of Qualifications Preparation:
The City will NOT be responsible for any costs incurred by any firm responding to this RFQ in the preparation of their Statement of Qualifications or participation in any presentation if requested, or any other aspects of the entire RFQ process.
3.9. Compliance with Law:
Responder 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:
Responder 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 RFQ. Responder represents and warrants to City that Responder shall, at its sole cost and expense, keep in effect at all times during the term of th e Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Responder to perform the Work and Services under the Agreement if so awarded. Responder 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 Responder’s performance of the Work and Services required under the Agreement if so awarded. Responder 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. Investigations:
The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFQ 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 statement of qualifications 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 procurement Form, hereby declares that this statement of qualifications is made without collusion with any other business making any other statement of qualifications, or which otherwise would make a statement of qualifications. Responder must execute an Affidavit of Non -Collusion provided as Attachment “B” in the RFQ and include it with their statement of qualifications.
3.13. Signed Statement of Qualifications and Exceptions:
Submission of a signed statement of qualifications will be interpreted to mean that the firm responding to this RFQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Qualifications, and any attached sample agreement. Exceptions to any of the language in either the RFQ 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 Responders. Exceptions to the City’s RFQ 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 statements of qualifications . T he 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 or firms that can provide all of the scope of work tasks identified in the RFQ document. However, the City reserves the right to award a contract, award multiple contracts, 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 or firms to be recommended for award and a contract or contracts have been negotiated and agendized for consideration. The decision of the City Council will be final. It is the City’s intent to award as many as two contracts for on-call civil engineering plan check services.
3.15. Form of Agreement:
A. 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.
B. 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 Responder 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 Responder, 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 statement of qualifications in response to this RFQ. Firms that submit a statement of qualifications in response to this RFQ shall certify the following:
C. Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder 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.
D. Covenant Against Discrimination. In connection with its performance under this Agreement, Responder 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”). Responder 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, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or
related to any prohibited basis in any Responder 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 Responder 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 City of Palm Springs is requesting statements of qualifications from qualified professional firms to provide the City with on -call civil engineering plan check services, (hereinafter the “Project”). The selected firm(s) will be expected to provide various professional services as necessary to complete review and appr oval of various plans, maps, and studies for the City.
The City of Palm Springs currently uses contractual civil engineering plan-check services to provide necessary independent review of private development improvement plans, maps, and technical studies/reports for projects within the City.
The City of Palm Springs Engineering Services Department coordinates the review and approval of all improvement plans related to private development (excluding building and related plans), consisting of a variety of grading plans, street improvement plans, storm drain improvement plans, sewer improvement plans, traffic signal improvement plans, on- site improvement (grading and paving) plans, as well as a variety of other types of construction improvement plans and final/parcel maps. In addition to individual plan check review, the City’s civil engineering plan- check consultants provide independent review of technical studies and reports (including sewer studies, traffic studies, geotechnical reports, stormwater pollution prevention/NPDES plans, and water quality management plans), and render appropriate review of the analysis and proposed mitigation. Services will also include review and verification of Right-of-Way documents including, but not limited to, legal descriptions for easements, dedications, lot line adjustments, certificates of compliance, and parcel mergers.
4.2. Scope:
A. The Scope of Work shall consist of providing civil engineering plan- check services of various development items, consisting of improvement plans (including, but not limited to:
rough grading, street, sewer, storm drain, on- site grading/paving, traffic signal, traffic striping/signage); subdivision maps (final tract maps and parcel maps); and professional studies (including, but not limited to: hydrology/hydraulic, sewer, traffic, geotechnical, storm water pollution prevention/NPDES and water quality management plans). Services will also include review and verification of Right -of-Way documents including, but not limited to legal descriptions for easements, dedications, lot line adjustments, certificates of compliance, and parcel mergers.
B. The Consultant shall act as the City Surveyor and Traffic Engineer through the development process. In addition, the City shall require the Consultant be the City Surveyor or Traffic Engineer outside the development process. The Consultant shall advise the City on Traffic Engineering and Survey/Mapping issues or questions.
C. Consultant shall not prepare improvement plans, associated technical studies, and final or parcel maps for development projects located within the City of Palm Springs during the term of their agreement, except in the case that two firms are selected for plan check services. It is the intention of the City to retain up to two plan check consultants to maintain consistency with its plan check services, therefore, if two firms are selected then a back - up plan check consultant may be available to review items prepared by the other selected consultant for these services.
D. Consultant shall be required to adhere to the City’s existing civil engineering plan check service process which is currently a 100% electronic plan submittal and plan review process. Consultant shall be responsible for implementing the 100% electronic plan
submittal and plan review process with the City. Consultant shall be required to coordinate with the City’s IT Department in becoming integrated into the City’s software systems as available. The City currently has implemented a global Enterprise Resource Planner (ERP) system called Enterprise Permitting & Licensing (EPL) with Tyler Technologies, Inc.
EPL utilizes BlueBeam as the built-in plan check software. Consultant shall integrate and interface with the City’s system accordingly for plan check services rendered using the system. Consultant shall also be required for furnishing and providing its own electronic system for City use on its IT system, subject to review and approval by the City’s IT Director.
E. In conformance with the approved Performance Schedule, civil engineering plan- check consultants shall provide a thorough and complete initial plan- check using the highest professional standards. An initial plan- check shall be provided in conformance with City of Palm Springs standards, civil engineering design guidelines appropriate for the type of work (Standard Specifications for Public Works Construction “Greenbook”, State of California Standards “Caltrans” Specifications, Caltrans Highway Design Manual, and various other design guidelines), as well as all relevant ordinances, resolutions, statutes, rules, and regulations of the City, and all other local, state or federal governmental agency having jurisdiction over the type and location of the development activity.
F. The Engineering Services Department shall not accept a development item for initial plan- check until a complete plan-check package is provided by the developer. Consultant shall be expected to review development items (plans, maps, or professional studies) in conformance with and in relation to the following related items:
a. Adopted “Conditions of Approval”, and applicable plan check items, by City Council Resolution (relative to Planned Development Districts, Tentative Tract/Parcel Maps, Architectural Approvals, Conditional Use Permits, etc.) b. Approved Site Plans or Tentative Maps
c. Planning Department comments, as relevant
d. Title Report, Current Tax Bill or other property ownership verification e. Professional Studies (geotechnical, hydrology, sewer, traffic, etc.) f. Verification of issuance of a General Construction Activity Storm Water Permit, if required
g. Grants or Vacations of Right-of-Way, as relevant
h. Traverse, Lot and Tract Boundary Closures for final or parcel maps i. Reference maps, Assessor Maps, and other information related to final or parcel maps
G. In reviewing improvement plans; Consultant shall ensure that all “Conditions of Approval” are met, such as: required frontage improvements (sidewalk/bikeway widths, color and treatment); required street pavement section and street design; minimum/maximum percentage slopes; and parking lot layout and design (in conformance with the Zoning Code), as an example. Consultant shall follow the Engineering Services Department ’s latest improvement plan check sheets to ensure that minimum standards are met; and shall ensure that the latest general notes are included on the first sheet of each plan set.
Consultant shall be expected to physically visit each development location and to ensure that improvement plans subject to plan-check review “fit” within the real world. A site visit for each location is to be considered expected unless otherwise waived by the City Engineer.
H. In reviewing final or parcel maps; Consultant shall ensure that all “Conditions of Approval” are met, such as required public and private right-of-way or easement dedications, right- of-way vacations, land transfers, conservation or public space easements, and drainage/public utility easement dedications, as an example. Consultant shall ensure that all final or parcel maps are technically correct and meet current local and state regulations.
It shall be Consultant’s responsibility to review the title repor t for subdivision guarantee and determine that the final or parcel map boundary is consistent with the description given in the title report; as well as ensure that the appropriate signatories and executors of the final or parcel map are consistent with the current vesting ownership indicated in the title report.
I. Upon completion of the first (initial) plan- check, Consultant shall provide a complete and thorough itemized written list of plan- check comments for use by the developer’s consultant in revising the initial plans, map or professional study. The Engineering Services Department shall expect the first plan-check comments to be of such detail and completeness so new plan- check comments on subsequent plan- check submittals are avoided, if at all possible, except when as a result of changes or modifications to the initial plans. Consultant shall maintain its own plan -check files with copies of initial and subsequent drafts of plans or maps, plan-check comments from the initial and subsequent reviews, and relevant documentation and data. Consultant shall scan all red-lined plans returned to the developer’s consultant for correction as part of its plan-check file, and shall make the scanned plans available to the City upon request.
J. Throughout the plan-check process, Consultant shall be expected to be available to meet, as necessary, with the Engineering Services Department and/or the developer’s consultant to discuss plan-check review comments. Fees for time required to meet with City staff or the developer’s consultant shall be included in the plan- check service fee charged by Consultant, and shall not be separately paid for outside of the plan- check process.
K. All plan-check services shall be performed by or under the responsible charge of a California licensed professional eligible to prepare and sign the type of map, plan, or professional study being reviewed. Consultant shall sign and stamp original, signed mylar plans when ready for approval by the City Engineer; and shall submit an approval letter to the City Engineer stating that the subject development item (improvement plan, map or professional study) has been reviewed and approved by Consultant.
L. Consultant shall agree to all requests for expedited or “fast track” plan- checking, in conformance with the approved “fast track” Performance Schedule.
M. Consultant shall NOT subcontract or assign work to other consultants or firms unless identified in the original proposal and approved by the City in award of the professional services agreement to Consultant . Subsequent substitution of subconsultants shall not be allowed unless otherwise specifically authorized by the City Engineer.
4.3. Schedule:
A. Timely review of improvement plans, associated technical studies, and final or parcel maps is vital to the successful development of the City of Palm Springs. In order to promote a “business friendly” environment, the City of Palm Springs expects Consultant to be aware and sensitive of the cost to the development community of delays attributed to plan-check review, and to adhere t o Performance Schedules, provide complete and thorough initial plan- check review, and be available as necessary to address issues regarding plan- check items. Consultant shall consider its plan -check “contracts” as important as its own in-house projects.
B. Currently, for civil engineering plan- check services of plans or maps, the City of Palm Springs requires the following schedule of performance:
a. Performance Schedule (Normal):
i. Initial draft (first submittal) shall be transmitted by the Engineering Services Department within two (2) working days of notification. ii. First submittal shall be reviewed, checked for accuracy, and returned to the Engineer of Record with a copy to the City within two (2) working days plus one (1) working day per sheet following transmission from the Engineering Services Department.
iii. Second and subsequent drafts shall be transmitted by the Engineering Services Department within two (2) working days of notification. iv. Second and subsequent drafts shall be reviewed, checked for correction of plan-check comments and returned to the Engineer of Record with a copy to the City within two (2) working days plus one (1) working day per sheet following transmission from the Engineering Services Department. v. Working days are Monday through Friday, not counting City Holidays: CITY “OBSERVED” DATES*, to be updated annually.
vi. Note: Although the City has implemented a four day work week where City Hall is closed on Fridays, Consultant shall be required to consider Friday as a working day in compliance with performance of their plan check services.
vii. Example of a 3-sheet plan-check Performance Schedule:
1. Notified on Day 1 (i.e. Monday)
2. Pick-up by Day 3 (i.e. Wednesday)
3. Return by Day 8 (i.e. following Wednesday)
b. Fast Track: Performance Schedule: At times, the development community requests an expedited “fast track” plan-check review process. Currently, for Fast Track plan-checking, Performance Schedule is accelerated by 50% of the normal Performance Schedule, as follows:
i. Initial draft (first submittal) shall be transmitted by the Engineering Services Department within one (1) working day of notification.
ii. First submittal shall be reviewed, checked for accuracy, and returned to the Engineer of Record with a copy to the City within one (1) working day plus half (½) working day per sheet following transmission from the Engineering Services Department.
iii. Second and subsequent drafts shall be transmitted by the Engineering Services Department within one (1) working day of notification. iv. Second and subsequent drafts shall be reviewed, checked for correction of plan-check comments, and returned to the Engineer of Record with a copy to the City within one (1) working day plus half (½) working day per sheet following transmission from the Engineering Services Department. v. Example of a 3-sheet plan-check performance:
1. Notified on Day 1 (i.e. Monday)
2. Pick-up by Day 2 (i.e. Tuesday)
3. Return by mid-Day 4 (i.e. noon Friday)
c. For professional studies, an appropriate amount of review time depending upon the scope and extent of the study, not to exceed 5 working days, is allowed. The review time for a specific professional study upon first (initial) submittal shall be mutually agreed upon by the Engineering Services Department and the civil engineering plan-check consultant assigned to perform the review.
Work will commence on July 1, 2026, and all work shall be completed by June 30, 2031.
4.4. Compensation:
The City provides a lump sum payment to Consultant following review and approval up to the third submittal (draft) of an item for plan -checking (improvement plan, map, or professional report). City requires Consultant to perform a thorough and complete plan- check of the initial (first) submittal, and the developer’s consultant to address the plan- checker’s initial comments such that final plans are ready for approval and the City Engineer’s signature upon completion of the third submittal.
In the event this requirement is not achieved, the Engineering Services Department shall review outstanding plan-check comments and determine if additional plan -check service fees shall be assessed to the developer. In those cases where it is determined that plan- check comments have not been addressed to the City’s satisfaction, an additional plan- check service fee of 50% the normal fee shall be assessed for subsequent reviews of items for plan-check following the third submittal.
However, the Engineering Services Department shall not approve additional plan- check service fees in the event it has been demonstrated that new plan check comments were identified on second and subsequent reviews which should have been identified on the first submittal.
Rates for each type of review are to be established based upon the projected cost of time & material spent by a reviewer qualified to perform each of the associated review types listed in the scope of work. Compensation for time shall be based upon wages f or each position expected to be involved in a review type and should be equivalent to the prevailing wage for each position. Compensation for the additional work , as requested by the City for City Surveyor & Traffic Engineer services, will be compensated at an established hourly rate equivalent to the prevailing wage associated with those positions.
An expedited “Fast Track” fee is to be established for each review type as a fixed percentage increase to the base review fees already to be charged.
In the event a plan check item is not resubmitted for review after 3 months following a previous plan- check, the item is considered “dead”, and the Engineering Services Department allows its Consultant to request a 50% lump sum payment. In the event a plan check item has gone two or more plan-check cycles and the project is withdrawn, the Engineering Services Department allows its Consultant to request the remaining 50% lump sum payment, or in the event a previous partial payment was not made, to request the entire lump sum payment.
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 – STATEMENT OF QUALIFICATIONS FORMAT AND
ORGANIZATION
5.1. Statement of Qualifications Requirements:
The firm’s statement of qualifications should describe the methodology to be used to accomplish the project objectives. The statement of qualifications should also describe the work which shall be necessary in order to satisfactorily c omplete the described requirements.
5.2. Statement of Qualifications Format:
Firms are requested to format their statements of qualifications so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 below. The statements of qualifications 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 25 electronic pages, including cover letters, organization charts, staff resumes, and appendices. NOTE: Front and Back Covers, Dividers, Attachment’s “A”, “B”, “C”, “D” and “E” and Addenda acknowledgment do NOT count toward the limit (everything else does).
5.3. Statement of Qualifications Content:
A. Responders must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here.
B. Each statement of qualifications package must include one separate electronic file as follows:
The “Statement of Qualifications”, shall include the following items:
Statement of Qualifications: The statement of qualifications 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 any previous/ongoing plan checking services that your company has provided in other cities, how long you have been in operation, and any unique features of the plan check services you offer. Please also detail how the firm meets the minimum requirements, that will be scored on a pass fail basis. Please also detail how the firm meets 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 whom your firm has provided similar services as contemplated herein and include it with the forms section of your statement of qualifications. In addition to the form, in this section 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 RFQ.
Section B: Staff, Teams (including any subcontractors) qualifications and experience including References
B.1 Staffing. The Responders 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 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.
Responders 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 statement of qualifications 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 Responder will also, to the extent legally possible, solicit applications for employment and statements of qualifications 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 preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the statement of qualifications . The City reserves the right to determine eligibility.
Section E: Forms: - Please include the following completed forms with your statement of qualifications
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)
5.4. Submission of Statement of Qualifications:
One electronic file shall be uploaded to the PlanetBids vendor portal at the following link:
https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ.
All submissions must be time and date stamped by the system as being received by the deadline. Late submissions will be rejected.
Statements of qualifications not meeting the above criteria may be found to be non- responsive.
SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION
6.1. Evaluation of Statements of Qualifications:
This solicitation has been developed in the RFQ most qualified firm format. Accordingly, firms should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee to determine which statement of qualifications best meets the requirements set forth in the RFQ document.
An Evaluation Committee, using the following evaluation criteria for this RFQ, will evaluate all responsive statements of qualifications to this RFQ. Firms are requested to submit their statements of qualifications so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible):
Criteria Points
Firm’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ , including References
30 Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ 30 Demonstrated Understanding of the overall project and requested Scope of Work
35 Local Preference * 5
*Note: Firms that qualify as a Local Business, and submit a valid business license as more fully set forth in this RFQ, 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 statement of qualifications , information obtained from references (including the city and past performance if applicable), and presentations if requested. All statements of qualifications 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. If interviews are required, 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 t he 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.
6.2. Selection Process and Award of Contract:
Selection will be made by totaling the points for the statements of qualifications and interviews if required. The Responder(s) with the highest number of points will be asked to submit a cost proposal for negotiation 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 Responder. 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 – RFQ FORMS
ATTACHMENT “A”- Signature Authorization Form , including Addenda acknowledgment. Must be completed and included with the statement of qualifications.
ATTACHMENT “B” - Non-Collusion Affidavit Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “C” – No Conflict of Interest and Non- Discrimination Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “D” – Business Disclosure Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “E” – Reference Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “F” - Executive Order N -6-22 Certification * Must be completed for state funded work and submitted with the statement of qualifications.
ATTACHMENT “A”
SIGNATURE AUTHORIZATION
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)
ON-CALL CIVIL PLAN CHECK SERVICES
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF
QUALIFICATIONS
NAME OF COMPANY(RESPONDER):
________________________________________________________________________ BUSINESS ADDRESS:_____________________________________________________ ________________________________________________________________________ TELEPHONE: ______________CELL PHONE___________ ___FAX______________ CONTACT PERSON____________________EMAIL ADDRESS____________________
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFQ is required by including the acknowledgment with your statement of qualifications. Failure to acknowledge the Addenda issued may result in your statement of qualifications 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 Statement of Qualifications 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 Statement of Qualifications.
____________________________________________________
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 RFQ:
____ 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 QUALIFICATIONS (RFQ 02-26)
ON-CALL CIVIL PLAN CHECK SERVICES
*THIS FORM MUST BE COMPLETED EXECUTED BY RESPONDER AND SUBMITTED
WITH YOUR STATEMENT OF QUALIFICATIONS
The undersigned, deposes and says that he or she is
of , the party making the foregoing Statement of Qualifications. That the Statement of Qualifications is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Statement of Qualifications is genuine and not collusive or sham; that the Responder has not directly or indirectly induced or solicited any other Responder to put in a false or sham Responder, and has not directly or indirectly colluded, conspired, connived, or agreed with any Responder or anyone else to put in a sham Statement of Qualifications , or that anyone shall refrain from Responding; that the Responder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the future Cost Proposal price of the Responder or any other Responder, or to fix any overhead, profit, or cost element of the future Cost Proposal price, or of that of any other Responder , 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 Statement of Qualifications are true; and, further, that the Responder has not, directly or indirectly, submitted his or her Statement of Qualifications 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, or any other member or agent thereof to effectuate a collusive or sham Statement of Qualifications.
Signature:______________________________________________
Title: _____________________________________________
Date: ______________________
ATTACHMENT “C”
CITY OF PALM SPRINGS, CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUESTS FOR QUALIFICATIONS (RFQ 02-26)
ON-CALL CIVIL PLAN CHECK SERVICES
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR REQUEST FOR
QUALIFICATIONS
Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder 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 the Agreement, Responder 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, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, including but not limited to the following: employment, upgrading, demot ion 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 Pal m Springs Municipal Code Section 7.05 .02, including without limitation the provision of benefits, relating to non- discrimination in city contracting.
NAME OF RESPONDER: ________________________________________
NAME and TITLE of Authorized Representative:
(Print) ______________________________________________________________
Signature and Date of Authorized Representative:
(Sign) ____________________________________________ (Date) ________________ CITY OF PALM SPRINGS – PUBLIC INTEGRITY
DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
ATTACHMENT “D”
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)
ON-CALL CIVIL PLAN CHECK SERVICES
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, i ncluding 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 QUALIFICATIONS (RFQ 02-26)
ON-CALL CIVIL PLAN CHECK SERVICES
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 QUALIFICATIONS (RFQ 02-26)
ON-CALL CIVIL PLAN CHECK SERVICES
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:______________________________________
SECTION 8 – SAMPLE AGREEMENT
SAMPLE BOILERPLATE AGREEMENT – EXHIBITS INTENTIONALLY INCOMPLETE
Note: This Agreement must be reviewed by Responders for acceptance during the RFQ process, and any changes or questions must be addressed during the question- and-answer period outlined in the RFQ. The City will not accept any changes to the agreement after the question period is closed. SOQs submitted with exceptions to scope and agreement terms will not be moved forward in the evaluation process.
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 perf orming 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; 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 perform ed 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. Notwithstandi ng 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 princ ipal 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 operatio n 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 Consul tant 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 office rs, 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 em ployees. 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 Agreem ent. 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 as sumes 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 i n 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 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 Inde mnified 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 projec t 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 acc epted 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 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 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
AP
PROVED:
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:
SECTI ON C | TE CHNICAL PROPOSAL
56456767
73-993 Highway 111, Suite 201
Palm Desert, CA 92260
(760) 895-1949
SECTI ON C | TE CHNICAL PROPOSAL
Prepared for:
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Contact: Tabitha Richards, Procurement Officer
Phone: (760) 322-8368
Email: [email protected]
Prepared by:
TKE Engineering, Inc.
73-993 Highway 111, Suite 201
Palm Desert, CA 92260
Contact: Terry Renner, P.E., P.L.S., Q.S.D., Senior Vice President Phone : (760) 895-1949
Email : [email protected]
TABLE OF CONTENTS
COVER LETTER
Section A | Firm/Subcontractor Qualifications and
Experience Including References
Section B | Staff/Teams Qualifications and Experience
Including References
Section C | Demonstrated Understanding of the Overall
Project and Requested Scope of Work
Section D | Local Preference
Section E | Forms
P a g e | 1
RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
COVER LETTER
April 28, 2026
Ms. Tabitha Richards, Procurement Officer
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SUBJECT: Request for Qualifications for On-Call Civil Plan Check Services RFQ 02-26 Dear Ms. Richards,
Thank you for the opportunity to present our proposal as a response to the Request for Proposal for On- Call Civil Plan Check Services for the City of Palm Springs (City). TKE Engineering, Inc. (TKE) is enthusiastic about the opportunity to assist the City with these services. Our proposal enclosed herein, outlines TKE’s qualifications to provide the requested services to the City. TKE is a full service, multi -disciplinary consulting firm highly qualified to perform any and all City services required to successfully complete the City’s plan checking requests for private development improvement plans, maps, and technical studies/reports for projects within the City. Plan check services include rough grading, street, sewer, storm drain, on-site grading/paving, traffic signal, traffic striping/signage); subdivision maps (final tract maps and parcel maps); and professional studies such as hydrology/hydraulic, sewer, traffic, geotechnical, storm water pollution prevention/NPDES and water quality management plans. Services will also include review and verification of Right -of-Way documents consisting of legal descriptions for easements, dedications, lot line adjustments, certificates of compliance, and parcel mergers . Over our 26 years of business, TKE performs these same reviews for more than 20 municipalities throughout Southern California. We are enthusiastic about the opportunity to assist the City and are aware of the City’s needs for expeditious review times.
Why should the City choose TKE to provide the requested services? Please consider the following:
A. Firm Identification - Founded in 2000, TKE is a California Corporation, is a full service, multi - disciplinary consulting corporation headquartered in Riverside, California and can be found online at www.tkeengineering.com. All work performed for the City will be from our Palm Desert , California office located at 73993 Highway 111, Suite 201, Palm Desert, CA 92260 . We have 2 6 years of experience with providing plan and map checking, as well as, on-call engineering services to public agencies and are highly qualified to perform the services necessary for project delivery.
B. Authorized Personnel - Terry Renner, P.E., P.L.S., Q.S.D., proposed Client Liaison/Project Manager, is authorized to negotiate and execute an agreement with the City on behalf of TKE. He will be TKE’s contact person for the duration of the proposal evaluation and contract. He can be reached by telephone at (760) 895-1949 and e-mail at [email protected].
C. Company History, Experience, and Years in Business - As a firm dedicated to public service, TKE’s experience is exclusively related to review of land development projects and publicly funded public works projects. We thoroughly understand all related requirements to protect the City’s interests and avoid any conflicts of interest. TKE was established with the goal of providing turnkey services for municipal land development and public works projects in order to benefit our community. As a result of the foc us of our firm on this mission, TKE has earned a reputation for thoroughness, rapid turnaround, cost efficiency and overall quality of services. We are a highly motivated, dynamic firm with the goal of being the City’s preferred consultant. TKE has been providing P a g e | 2
RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
COVER LETTER
professional plan check services to numerous municipalities and cities for the past 2 6 years. As such, we have a thorough knowledge of City’s standards and requirements.
D. Current Number of Employees, Key personnel – TKE Engineering currently employs over 70 Professional Plan Checkers, Engineers, Traffic Engineers, Surveyors, Inspectors, Designers, Project Managers, and Support Staff. Mr. Renner will be overseeing and managing the work of our key personnel, each of whom have extensive experience providing plan and map checking and related engineering services , and are knowledgeable in all applicable codes and general engineering practices, as well as the City of Palm Springs Code.
E. Validity – This proposal will remain valid for a period of 120 calendar days from the date of submission.
F. Addenda Acknowledgements – TKE acknowledges receipt of the following addenda:
• Addendum No. 1 – April 6, 2026
• Addendum No. 2 – April 7, 2026
• Addendum No. 3 – April 20, 2026
Thank you for your consideration. TKE would very much appreciate the opportunity to provide engineering services. If you have any questions, please call me at (760) 895-1949.
Sincerely,
Terry Renner, P.E., P.L.S., Q.S.D.
Senior Vice President
TKE Engineering, Inc.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SEC TION A | FIRM/ SUBC ON TR AC TORS Q UALIFIC ATION S AN D
EXPER IENCE IN CLUDING REFEREN CE S
SECTION A |
FIRM/SUBCONTRACTORS
QUALIFICATIONS AND
EXPERIENCE INCLUDING
REFERENCES
A . 1 C O M P A N Y
O V E R V I E W
TKE Engineering, Inc. (TKE), a California
Corporation, was established in the year 2000, and
in the last 2 6 years has developed into one of
Southern California’s premier full -service
consulting engineering firms. TKE was established
with the goal of providing turnkey services for
municipal agencies in order to benefit our
community. As a result of our focus on this mission,
TKE has earned a reputation for thoroughness,
rapid turnaround, cost efficiency and, overall
quality of work. We are a highly motivate d,
dynamic firm with the goal of being your preferred
consultant.
TKE provides turnkey plan checking services for
developer and capital improvement projects to
numerous municipalities. The municipal services
provided by our firm include Plan and Map
Checking, Traffic Engineering, Surveying,
Professional studies, Inspection, and Project
Management services. Our wide range of services
provides our team with an intimate knowledge and
experience of the common pitfalls for each project
variation and our plan checkers ensure developer
and City projects do not fall into the same
situations.
TKE’s local office where services will be provided is
located at 73993 Highway 111, Suite 201, Palm
Desert, CA 92260. TKE currently maintains a staff of
70+ plan and map checkers, project managers,
engineers, traffic engineers, surveyors, drafters,
inspections, and clerical personnel.
TKE has provided numerous municipalities and
agencies throughout Southern California with
consulting services and staffing for every facet of
TKE Engineering In AT A GLANCE
On-Call Contracts
TKE currently provides Plan Checking,
Map Checking, Traffic Engineering,
Engineering, Project Support, and
Survey services for more than 30 Cities /
Counties / Districts throughout
Southern California
City/District Surveyor
City/District Surveyor in 9
Cities/Districts
City Traffic Engineering
Traffic and Transportation/Staff
Augmentation in 12
Cities/Counties/Districts
Size of Organization
70+ Plan Checkers, Professional
Engineers, Traffic Engineers, Surveyors,
Designers, Design Professionals, and
Support Staff
Years in Business
TKE has conducted business for the past
26 years and has 26 years of experience
in providing plan and map checking
services
Local Office
TKE Engineering, Inc.
73993 Highway 111, Suite 201
Palm Desert, CA 92260
Company Structure
TKE is a California C Corporation
founded in June 2000. TKE is not a
subsidiary.
California Business License No.:
0109901
Firm Owners/Officers
Michael P. Thornton, P.E., P.L.S., M.S.
- President
Terry M. Renner, P.E., P.L.S., Q.S.D.
- Senior Vice President
Steven W. Ledbetter, P.E., Q.S.D.
- Vice President
City of Palm Springs
Point of Contact
Terry Renner, P.E., P.L.S., Q.S.D.
Senior Vice President
Phone: (760) 895-1949
Email: [email protected]
TKE Engineering, Inc.
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City of Palm Springs
SEC TION A | FIRM/ SUBC ON TR AC TORS Q UALIFIC ATION S AN D
EXPER IENCE IN CLUDING REFEREN CE S
Public Works and Development for the past 26
years. In addition, we have worked on multi -
million-dollar regional mega projects for a variety
of government agencies. TKE recognizes the
importance of staffing based on a client’s need and
workload. Our flexible support and qualified staff
enable our clients to serve their community in a
cost effective and efficient manner.
TKE provides experienced, highly qualified staff
with significant technical expertise and strong
public relations skills for plan checking. TKE is fully capable of providing staff on a full -time, part-time
or on -call basis plan checker. Please refer to our
project team presented below together with our
corporate resumes to verify our team’s technical
ability to deliver these services.
TKE has provided similar services to those
requested here for a number of different agencies.
TKE understands the City’s development standards
were developed to meet the needs of that
particular community. TKE has developed a
thorough understanding of these standards
together with the needs of the community needs.
For each project that TKE is assigned, TKE will verify
compliance with City standards, civil engineering
design guidelines appropriate for the type of work
(Standard Specifications for Public Works
Construction “Greenbook”, State of California
Standards “Caltrans” Specifications, Caltrans
Highway Design Manual, and various other design
guidelines), as well as all relevant ordinances,
resolutions, statutes, rules, and regulations of the
City, and all other local, state or federal
governmental agency having jurisdiction over the
type and location of the development activity.
Furthermore, with our extensive experience in the
region, TKE will be able to recommend
improvements to these standards to ensure
expedited project delivery and enhanced public
infrastructure.
R E L E V A N T P R O J E C T E X P E R I E N C E
CALIMESA ON-CALL PLAN CHECKING SERVICES
City o f Ca lime sa, CA
Client Contact: Will Kolbow
Phone Number: 909-795-9801
Email: [email protected]
Project Cost: N/A
Completion Date: 2013-Present
DESCRIPTION
TKE provides on-call plan and map checking services to the city. TKE is providing plan checking services for several small and large tract developments, single family residential units and commercial retail centers within the city.
SERVICES
Services included development project screen checks, response to development community inquiries, accept submittals on behalf of agencies, determine project impacts, develop conditions of approval, present projects to planning commissions, prepare council agenda reports, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services.
KEY STAFF
Terry Renner, P.E., P.L.S., Q.S.D., Michael Thornton, P.E., P.L.S., M.S. , Ron Musser, P.L.S., Monae Pugh, Travis Bradshaw
RELEVANCE TO THE CITY
• On-Call Plan Check Services
• Project Management
• Coordination with Multiple
Agencies
• Storm Drain Pipe Sizing
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SEC TION A | FIRM/ SUBC ON TR AC TORS Q UALIFIC ATION S AN D
EXPER IENCE IN CLUDING REFEREN CE S
SAN BERNARDINO ON-CALL PLAN CHECKING SERVICES
San Be rn a rdino Mu nic ip al W ate r Depa rtm ent, CA
Client Contact: Ted Brunson
Phone Number: 909-453-6165
Email: [email protected]
Project Cost: N/A
Completion Date: Ongoing
DESCRIPTION
TKE is providing on -call plan checking services to the City of San Bernardino Municipal Water Department (SBMWD) for developer installed water and sewer projects. TKE has provided plan checking services for more than 50 small and large tract developments, single family residential units and commercial retail centers within the City. Services included performing plan checking for water and sewer plans and AutoCAD files for conformance to SBMWD’s design and CAD Standards .
SERVICES
Services include plan checking and AutoCAD conformance review.
KEY STAFF
Terry Renner, P.E., P.L.S., Q.S.D., Michael Thornton, P.E., P.L.S., M.S., Steven Ledbetter, P.E., Q.S.D., Shelby Kelley, P.E., Q.S.D., Chance Renner, E.I.T., Ron Musser, P.L.S.
LAKE ARROWHEAD COMMUNITY SERVICES DISTRICT ENGINEERING AND PLAN CHECKING
SERVICES
City o f Lake Arro whea d , CA
Client Contact: Ryan Gross, PE, BCEE, CSDM
Phone Number: 909-336-7102
Email: [email protected]
Project Cost: N/A
Completion Date: Ongoing
DESCRIPTION
TKE serves as District Engineer and is assisting the district with its annual CIP implementation, plan checking, staff augmentation, design, surveying, construction assistance and inspection. TKE is performing plan check services for CIP and developer installed water and sewer projects. TKE has provided plan checking services for more than 20 CIP, small and large tract developments, single family residential units and commercial retail centers within the City TKE represents engineering at the district’s bo ard and other public meetings, manages engineering budgets and project schedules, works with other consultants to prepare improvement design projects, and various related work .
SERVICES
Services include board report preparation, plan checking, design, review and preparation of hydrology and hydraulic studies, project planning, report preparation, surveying, project scoping, environmental compliance services, utility coordination, provided project management, and performed construction inspections. In addition, TKE is assisting the District with major infrastructure projects including water main replacements, operations building construction, sewer slip lining and the Spyglass reservoir replacement project.
KEY STAFF
Joanna Rembis, P.E., Q.S.D., Michael Thornton, P.E., P.L.S., M.S., Steven Ledbetter, P.E., Q.S.D., Terry Renner, P.E., P.L.S., Q.S.D., Shelby Kelley, P.E., Q.S.D., Ron Musser, P.L.S.
RELEVANCE TO THE CITY
• On-Call Plan Checking
• Change Order Management
• Contract Compliance
Verification
• AutoCAD Compliance
RELEVANCE TO THE CITY
• Water and Sewer
Replacement Projects
• Planning, Design, Survey,
Plan Check, Construction
Management, Inspection and
Grant Writing Services
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SEC TION A | FIRM/ SUBC ON TR AC TORS Q UALIFIC ATION S AN D
EXPER IENCE IN CLUDING REFEREN CE S
WILDOMAR ON-CALL PLAN CHECKING SERVICES
City o f Wildom ar, CA
Client Contact: Chris Mann
Phone Number: 951-677-7751
Email: [email protected]
Project Cost: N/A
Completion Date: 2014-Present
DESCRIPTION
TKE provides on-call plan and map checking services to the City . TKE is providing plan checking services for several small and large tract developments and commercial retail centers within the City. TKE utilizes the City’s online system (Citrix) for ac cess and uploading of plan check documents.
SERVICES
Services included development project screen checks, response to development community inquiries, determine project impacts, develop conditions of approval, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans.
KEY STAFF
Terry Renner, P.E., P.L.S., Q.S.D., Michael Thornton, P.E., P.L.S., M.S., Ron Musser, P.L.S., Chance Renner, E.I.T., Justin Schlaefli, P.E., T.E., P.T.O.E.
RIALTO TRAFFIC ENGINEERING SERVICES
City o f Rialto , CA
Client Contact: Tim Sullivan
Phone Number: 909-820-2602
Email: [email protected]
Project Cost: $7.0+ million
Completion Date: 2019-Present
DESCRIPTION
TKE provides on -call traffic engineering services to the City of Rialto for developer and capital improvement project coordination, planning and implementation. TKE routinely performs City functions related to traffic, traffic signals, timing , warrant analysis, striping, signing, geometric analysis, traffic control and other traffic engineering related services. In addition, TKE managed major infrastructure development projects.
SERVICES
Services included traffic signal design, signing and striping design, traffic control plan preparation, preparation of comple te bid documents, plan check of traffic signal plans, signing and striping plans, and traffic control plans, land development review of site plans and access management, review and comment of traffic impact analyses, traffic engineering project coordination with capital improvement projects, review of citizen requests for traffic control to include traffic count analysis and colli sion data, recommendation of traffic control devices, prepare speed zone surveys and certification process, school zone analysis and preparation of school zone signing and striping plans. While providing these services to the City, TKE has represented th e City with other agencies at numerous meetings, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, managed funding programs, and various related work.
KEY STAFF
Justin P. Schlaefli, P.E., T.E., P.T.O.E., Terry Renner, P.E., P.L.S., Q.S.D., Michael Thornton, P.E., P.L.S., M.S., Monae Pugh
RELEVANCE TO THE CITY
• On-Call Plan Check Services
• Project Management
• Coordination with Multiple
Agencies
• Storm Drain Pipe Sizing
RELEVANCE TO THE CITY
• Traffic Engineering Services
for CIP and Developer
Projects
• Traffic Engineering Design
• Traffic Control Device
Review and Design
• Citizen Request Analysis
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SEC TION A | FIRM/ SUBC ON TR AC TORS Q UALIFIC ATION S AN D
EXPER IENCE IN CLUDING REFEREN CE S
R E S P O N D E R ’ S M I N I M U M R E Q U I R E M E N T S
REFERENCE PROJECTS & RELATED INFORMATION
A. Experience
TKE brings more than 20 years of dedicated experience in providing plan check services and preparing civil engineering plans for municipal governments, private developments, and public works projects. Over the past 26 years, our team has consistently delivered high -quality, compliant, and constructible plans that support agencies and developers throughout Southern California. Such services are described in the previous section, SECTION A | FIRM/SUBCONTRACTORS QUALIFICATIONS AND EXPERIENCE INCLUDING REFERENCES, RELEVANT PROJECT EXPERIENCE, for the following agencies:
• City of Calimesa
• San Bernardino Municipal Water Department
• Lake Arrowhead Community Services District
• City of Wildomar
• City of Rialto
B. Knowledge
TKE understands that the City of Palm Springs depends on the professionalism, technical competence, and sound judgment of its selected consultant. As such, TKE maintains in-house comprehensive expertise across all disciplines identified in the scope of work. Our team possesses deep knowledge in civil engineering, traffic engineering, and surveying, as well as a thorough understanding of the applicable legal and regulatory requirements under California state law, Riverside County standards, and all relevant local ordinances.
TKE’s staff is experienced with:
• Construction equipment, materials, and methods used in residential, commercial, roadway, and utility projects
• The latest Manual on Uniform Traffic Control Devices (MUTCD) California Supplement • City Standard Plans, Technical Specifications, and Specific Plans • Cal-OSHA requirements, traffic control standards, and permit conditions • Geotechnical report interpretation and incorporation of recommendations into design • The latest Greenbook, Caltrans Standard Specifications, OSHA Construction Safety Orders, and applicable City/County standards
Our team maintains current copies of all relevant standards and reference documents.
C. License Requirements
TKE meets and exceeds the City’s professional staffing requirements. Our team includes California-registered Civil Engineers, California-registered Land Surveyors, and California-registered Traffic Engineers. Each of these licensed professionals is fully qualified to perform all plan check duties, City Surveyor functions, and Traffic Engineer services required under the scope of work. Their respective licenses are provided with ATTACHMENT “A” – SIGNATURE AUTHORIZATION FORM section at the end of this proposal.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SEC TION A | FIRM/ SUBC ON TR AC TORS Q UALIFIC ATION S AN D
EXPER IENCE IN CLUDING REFEREN CE S
A . 2 S U B C O N S U L T A N T S
TKE currently employs all staff in-house who are essential to complete the requested services per the RFQ.
Therefore, we will not require support from a subconsultant firm at this time.
A . 3 R E F E R E N C E S
Per the instruction in the RFQ, TKE’s references are included in the provided forms in SECTION E | FORMS, Attachment “E” – References located at the end of this proposal. Additional information regarding the work provided for the named references are provided in the table below.
AGENCY SERVICES PROVIDED
City of Calimesa
908 Park Avenue
Calimesa, CA 92320-1148
Services included development project screen checks, response to development community inquiries, accept submittals on behalf of agencies, determine project impacts, develop conditions of approval, present projects to planning commissions, prepare council agenda reports, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services.
City of Wildomar
23873 Clinton Keith Road
Suite 201
Wildomar, CA 92595
Services included development project screen checks, response to development community inquiries, determine project impacts, develop conditions of approval, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans.
City of Rialto
335 W. Rialto Avenue
Rialto, CA 92376
Services included traffic signal design, signing and striping design, traffic control plan preparation, preparation of complete bid documents, plan check of traffic signal plans, signing and striping plans, and traffic control plans, land development review of site plans and access management, review and comment of traffic impact analyses, traffic engineering project coordination with capital improvement projects, review of citizen requests for traffic control to include traffic count analysis and collision data, recommendation of traffic control devices, prepare speed zone surveys and certification process, school zone analysis and preparation of school zone signing and striping plans. While providing these services to the City, TKE has represented the City with other agencies at numerous meetings, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, managed funding programs, and various related work.
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City of Palm Springs
SEC TION B | STAFF/ TE AMS QUALIFIC ATION S AN D EX PER IENCE
INC LUDIN G RE FEREN CES
SECTION B | STAFF/TEAMS
QUALIFICATIONS AND
EXPERIENCE INCLUDING
REFERENCES
B . 1 S T A F F I N G
TKE fully recognizes the City’s concern for high
quality, timely performance, and precise
communication when utilizing the services of a
consultant. Each project conducted by TKE is
managed and staffed by a project team assembled
to meet the specific needs of the project. We have
assembled an elite team of professionals to partner
with the City to provide professional plan checking
services for all City projects anticipated under this
contract. Our team is 100% accountable and
responsible for TKE’s work pro duct and actively
seeks feedback and suggestions regarding our
services.
B . 2 . K E Y S T A F F / T E A M
M E M B E R S
Below is a summary of education, experience, and
credentials of key personnel proposed to perform
the plan checking work, professional resumes for
each of our team members are presented in the
subsequent section of this proposal.
Terry Renner
P.E., P.L.S., Q.S.D.
Project Manager/Client
Liaison
California P.E. No. 69984
California P.L.S. No. 9762
Q.S.D. Certification No. 24329
Mr. Renner has 2 6 years of
engineering and surveying
experience and also has experience as a Plan
Checker. Mr. Renner is a Registered Civil Engineer
and licensed Land Surveyor in the State of
California. He has extensive experience in the plan
checking design and construction of public works
improvement pr ojects, including plan checking,
project management, design engineering,
construction management and surveying services.
In addition, as detailed on Mr. Renner’s resume, he
has experience with drainage studies preparati on,
design and construction engineering for water,
sewer, street and drainage system improvement
projects. Mr. Renner is well trained in the use of
computerized review and drawing software. He
will assist with various tasks throughout the course
of provi ding engineering services, such as plan
review, comment preparation and meeting
assistance. Mr. Renner’s role on the team will be to
manage plan checking duties, compliance with
standards and regulations and perform quality
assurance and quality control on all documents.
Michael Thornton
P.E., P.L.S., M.S.
Senior Plan Checker
California P.E. No. 44226
California P.L.S. No. 6867
Mr. Thornton, TKE’s
President, has over 40 years
of experience in engineering
planning, design, land
surveying and construction
management for public works projects. He has
worked on a variety of public works engineering
projects including sewer improvements, street
improvements, park improvements, bike trail
improvements, drainage improvements, and
reclaimed water system improvem ents projects.
Mr. Thornton is responsible for managing including
funding administration, planning, evaluating, and
designing these projects and has provided
construction engineering and surveying services for
many of these same projects.
Steven W. Ledbetter
P.E., Q.S.D.
Senior Plan Checker
California P.E. No. 84044
Q.S.D. Certification No. 28967
Mr. Ledbetter is the Vice
President of TKE and has over
25 years of professional
experience in the civil
engineering industry. He has handled various
critical and challenging projects from planning
through design and implementation; all while
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SEC TION B | STAFF/ TE AMS QUALIFIC ATION S AN D EX PER IENCE
INC LUDIN G RE FEREN CES
ensuring that projects are executed as per
specification in the stipulated time with quality. He
has a well-rounded background with experience in:
preparation and analysis of utility improvement
plans and specifications including potable and non-
potable w ater, wastewater, and drainage; utility
master planning including computer modeling,
analysis, and report preparation; water resource
planning and management including feasibility
studies, urban water management planning, water
supply assessments and verif ications, integrated
regional water management planning, and
groundwater management planning; storm water
compliance reporting including water quality
management plans and storm water pollution
prevention plans and; and grant writing and
administration for various State and Federal agency
programs.
Joanna Rembis
P.E., Q.S.D.
Senior Plan Checker
California P.E. No. 75535
Q.S.D. Certification No. 28965
Mr. Rembis has more than 25
years’ experience of Plan
Checking, Project
Engineering/Project Management, Field Inspection
and Customer Support - 20 of which she spent as a
Project Manager. Her experience includes plan
review, preparing specifications, plans, and bid
packages for rehabilitation and design of new tank
projects. She has been responsible for scheduling
and QA/QC during on -call professional services
agreement with the Cit ies of Palm Springs, Chino,
Banning, Rialto, Lake Elsinore, Colton, and
Highland. Plan check includes review of Rough and
Precise Grading Plans , Wet Utility Plans, (e.g.
Sewer, Water, Storm Drain), Street Improvement
Plans, Street Light Plans, Hydrology Studies, Water
Quality Management Plans (WQMP), Survey
Documents, Soils Reports for private development
projects and capital improvement projects
throughout the various Cities. Mr. Rembis has
conducted QA/QC for the projects and reviewed all
major deliverables before delivered to clients , and
has maintained regular communication with clients
to ensure compliance with the established project
goals and execution.
Shelby Kelley
P.E., Q.S.D.
Senior Plan Checker
California P.E. No. 95911
Q.S.D. Certification No. 28964
Mr. Kelley is a n Associate
Project Manager of TKE
Engineering, Inc. and has 9
years of experience in civil
engineering design, plan checking, and
construction of infrastructure projects, including
sewer and water improvements, drainage
improvements, transportation improvements,
facilities improvements, and construction
methods. Mr. Kelley has been responsible f or plan
review of water and sewer plan/profile, lift
stations, treatment plant facilities, preliminary
design exhibits, and cost estimates. He has
delivered projects for Mission Spring s Water
District and Beaumont Cherry Valley Water
Districts, and the Cities of Adelanto, Chino,
Fontana, Hesperia, Highland, Needles, Rialto, and
Coachella.
Justin Schlaefli
P.E., T.E., P.T.O.E.
Traffic Engineer
R.C.E. No. 74670
California T.E. No. 2564
Justin has 2 5 years of
experience in the
transportation field. He is
responsible for managing projects on a day -to-day
basis as well as interfacing with other project team
members and decision makers/ government staff
and Contractors.
He specializes in Intelligent Transportation
Systems, Transportation Planning, Construction,
Traffic Engineering and Traffic Operations. He has
experience working on both public sector projects
as well as private sector development. His
experience ranges from construction management
and inspection to operations and maintenance. He
also has experience conducting traffic studies,
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SEC TION B | STAFF/ TE AMS QUALIFIC ATION S AN D EX PER IENCE
INC LUDIN G RE FEREN CES
specialized access analysis, parking studies, trip
generation studies, traffic micro -simulation, signal
operations, signal timing, traffic control and
design/build of ITS solutions. In addition, Justin has served as a subject matter expert in court, for t he
State of California and for vendors in the
transportation industry. He is also a proud alumnus
of San Diego State University where he has been a
guest lecturer and has taught Transportation
Engineering, helping to mentor the next generation
in his field.
Steve Libring
T.E.
Senior Plan Checker
California T.E. No. 1801
Mr. Libring has 50 + years of
experience providing traffic
engineering services. Steve
has worked full and part time
for 17 cities in 5 different
counties, exposing him to a variety of complex
traffic problems and situations. Mr. Libring recent
experience as the City Traffic Engineer for the City
of Riverside, he was responsible for supervising
34 staff members and all of the day -to-day
operations. Mr. Libring led The Riverside Traffic
Division as it was split into four major programs:
Traffic Engineering and Design, Signal
Maintenance, Parking Services, and the Red-Light
Enforcement Program. While at this city, he
oversaw the preparation of all budgets, applied
for grants, responded to litigation and testified in
court. He reviewed traffic studies and prepared
mitigation measures or conditions of approval. He
also reviewed and signed all in -house signals
designs, as well as any striping, signing and
detour plans. He regularly corresponded with
Council Members, City Manager and other
Departments to coordinate the implementation of
neighborhood traffic solutions.
Monae Pugh
Senior Plan Checker/
Traffic Engineering Specialist
Mr. Pugh has over 35+ years of
Municipal and Public Agency
engineering experience with a
wide range of responsibilities
and projects emphasizing the
discipline of Transportation and Traffic
Engineering. Her most recent experience includes
management of both Land Development and
Traffic Engineering Departments for the City of
Fontana. Prior experience includes over 17 years in
the County of Riverside Traffic Engineering
Department. She is a C ertified Grant Writer
through Cal State San Bernardino Certification
Program and has secured m ultiple Transportation
grants for a wide variety of infrastructure projects.
Ron Musser
P.L.S.
Principal Surveyor/
Map Checker
California P.L.S. No. 4230
Mr. Musser has over 5 0+
years of experience in
performing field and office
surveying services for public
and private projects including design surveys and
right-of-way acquisition projects. Prior to joining
TKE Engineering, Inc., Mr. Musser worked at the
County of Riverside as a County Surveyor for nearly
22 years providing mapping, easement document
preparation, field surveying and calculations
support for hundreds of projects. He has prepared
records of survey, parcel maps, tract maps, right-of-
way and easement documents in S an Bernardino
County, Riverside County, San Diego County,
Orange County and Los Angeles County. He has
performed boundary, topographic, ALTA, and
precise level surveys as well as Global Positioning
Surveys.
B . 3 P A R T N E R S
TKE has the resources necessary to complete the
entirety of the scope of services in -house;
therefore, will not require support from any
subconsultant firm at this time. If additional
services are required for completion of projects,
TKE has a team of subc onsultants that we work
with on a daily basis. Many of which are also DBEs
and local hires.
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SEC TION B | STAFF/ TE AMS QUALIFIC ATION S AN D EX PER IENCE
INC LUDIN G RE FEREN CES
Director of Survey
Ron Musser
P.L.S.
TKE Engineering, Inc.
Client Liaison/
Project Manager
Terry Renner
P.E., P.L.S., Q.S.D.
TKE Engineering, Inc.
Primary Plan Checker
Steven W. Ledbetter
P.E., Q.S.D.
TKE Engineering, Inc.
Primary Plan Checker
Michael Thornton
P.E., P.L.S., M.S.
TKE Engineering, Inc.
Primary Plan Checker
Joanna Rembis
P.E., Q.S.D.
TKE Engineering, Inc.
Primary Plan Checker
Shelby Kelley
P.E., Q.S.D.
TKE Engineering, Inc.
Traffic Manager
Justin Schlaefli
P.E., T.E., P.T.O.E.
TKE Engineering, Inc.
Traffic Engineering
Specialist
Monae Pugh
TKE Engineering, Inc.
Traffic Engineer
Steve Libring
T.E.
TKE Engineering, Inc.
Plan Checker
Travis Bradshaw
P.E.
TKE Engineering, Inc.
Plan Checker
Chance Renner
E.I.T.
TKE Engineering, Inc.
O R G A N I Z A T I O N A L C H A R T
Below are our firm’s organization chart and resumes of our key personnel. TKE can furnish additional resumes for any support staff needed to accomplish the work under this contract. Our team is readily available to you and can coordinate with you at a moment’s notice.
SU P P OR T T E AM
( 70 + M e m b e r s )
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SEC TION B | STAFF/ TE AMS QUALIFIC ATION S AN D EX PER IENCE
INC LUDIN G RE FEREN CES
R E S U M E S
TERRY
RENNER
P.E., P.L.S., Q.S.D.
CLIENT LIAISON/
PROJECT MANAGER
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering,
California State Polytechnic
University, Pomona, CA
REGISTRATIONS
P.E. License Number 69984
(CA)
P.L.S. License Number 9762
(CA)
Qualified SWPPP Developer
and Practitioner #24329
AFFILIATIONS
Riverside-San Bernardino
Counties Branch, American
Society of Civil Engineers
American Public Works
Association
American Council of
Engineering Companies of
California
Mr. Renner has 26 years of engineering and surveying experience and also has experience as a Plan Checker. Mr. Renner is a Registered Civil Engineer and licensed Land Surveyor in the State of California. He has extensive experience in the plan checking design and construction of public works improvement projects, including plan checking, project management, design engineering, construction management and surveying services. In addition, as detailed on Mr. Renner’s resume, he has experience with drainage stud ies preparation, design and construction engineering for water, sewer, street and drainage system improvement projects. Mr. Renner is well trained in the use of computerized review and drawing software. He will assist with various tasks throughout the course of providing engineering services, such as plan review, comment preparation and meeting assistance. Mr. Renner’s role on the team will be to manage plan checking duties, compliance with standards and regulations and perform quality assurance and quality control on all documents.
DETAILED PROJECT EXPERIENCE
• On-Call Plan Checking Services, City of San Bernardino Municipal Water Department, CA - Mr. Renner provides on-call plan checking services to the City of San Bernardino Municipal Water Department. Mr. Renner has provided water plan checking services for more than 50 small and large tract developments, single family residential units and c ommercial retail centers within SBMWD’s service area.
Services included performing plan checking for water and sewer plans and AutoCAD files for conformance to SBMWD’s design and CAD Standards. • On-Call Plan Checking Services, City of Calimesa, CA - Mr. Renner provides on-call plan checking services to the City of Calimesa. Mr. Renner is providing plan checking services for several small and large tract developments, single family residential units and commercial retail centers within the City. Services included development project screen checks, response to development community inquiries, perform plan checking for grading, street, storm drain, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many ot her municipal development related services.
• On-Call Plan Checking Services, City of Wildomar - Mr. Renner provides on-call plan checking services to the City of Wildomar. Mr. Rener is providing plan checking services for several tract developments, single family residential units and commercial retail centers within the City. S ervices included development project screen checks, response to development community inquiries, determine project impacts, perform plan checking for grading, street, storm drain, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQ MP plans as well as many other municipal development related services.
• On-Call Plan Checking Services, City of Upland - Mr. Renner provides on -call plan checking services to the City of Upland. Mr. Renner is providing plan checking services for several tract developments, single family residential units and commercial retail centers within the City. Services included d evelopment project screen checks, response to development community inquiries, determine project impacts, perform plan checking for grading, street, storm drain, landscaping, street lighting, traffic signal SWPPP, erosion control, and WQMP plans as well as many other municipal development related services.
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City of Palm Springs
SEC TION B | STAFF/ TE AMS QUALIFIC ATION S AN D EX PER IENCE
INC LUDIN G RE FEREN CES
MICHAEL
THORNTON
P.E., P.L.S., M.S.
PRIMARY PLAN
CHECKER
TKE Engineering, Inc.
EDUCATION
M.S., Civil Engineering,
California State University,
Long Beach, CA
B.S., Civil Engineering,
California State Polytechnic
University, Pomona, CA
REGISTRATIONS
P.E. License Number 44226
(CA)
P.L.S. License Number 6867
(CA)
AFFILIATIONS
American Society of Civil
Engineers
American Water Works
Association
California Rural Water
Association
American Public Works
Association
American Council of
Engineering Companies
Mr. Thornton, TKE’s President, has over 40 years of experience in engineering planning, design, land surveying and construction management for public works projects. He has worked on a variety of public works engineering projects including sewer improvements, street improvements, park improvements, bike trail improvements, drainage improvements, and reclaimed water system improvements projects. Mr. Thornton is responsible for managing including funding administration, planning, evaluating, and designing these projects and has provided construction engineering and surveying services for many of these same projects.
DETAILED PROJECT EXPERIENCE
• City Engineering Services , City of Calimesa – Mr. Thornton provides on -call civil engineering services to the City , including City Engineer. He managed more than $10 million in public improvements. While providing these services to the City, Mr.
Thornton represented the City with other agencies at numerous meetings including RCTC and WRCOG, represents engineering wit h the City’s council and other public meetings, manages engineering budgets and project schedules, retains other consultants to prepare improvement design projects, manages funding programs, and various related work. In addition, Mr. Thornton manages major development projects. • Hesperia On -Call Plan Checking Services, City of Hesperia – Mr. Thornton was responsible for providing on -call plan and map checking services to the City. TKE is providing plan checking services for several small and large tract developments, single family residential units and commercial retail centers within the City. In addition, TKE is performing plan check on several capital improvement projects within the City. • San Bernardino Municipal Water District On-Call Plan Check and Inspections, City of San Bernardino – Mr. Thornton served as the Primary Plan Checker . TKE is providing on-call plan check and inspection services to the City of San Bernardino Municipal Water Department (SBMWD) for developer installed water and sewer projects and capital improvement water system projects. TKE has provided plan checking serv ices for more than 50 small and large tract developments, single family residential units and commercial retail centers within the City. Services included performing plan checking for water and sewer plans and AutoCAD files for conformance to SBMWD’s design and CAD Standards. In addition to daily inspection services, TKE prepares daily inspection reports, developed construction photo logs, assisted with progress and final payment processing, assisted with change order negotiations, verified compliance with contract documents and approved project submittals, verified public safety compliance, developed remedial work list and system startup inspections. In addition, TKE provides coordination with other project professional services (e.g. Geotechnical and Surveying). • Western Municipal Water District On-Call Plan Checking Services, City of Riverside, CA – Mr. Thornton provided on -call plan services to Western Municipal Water District (WMWD). The plan checking services focused on infrastructure related to potable and recycled water delivery, and wastewater collection. TKE reviewed potable water and recycled water distribution systems and wastewater collection systems, including booster pump stations, sewer lift stations, PRV stations, and water storage tanks to ensure con formance with WMWD requirements and Construction Standards, and other applicable standards, especially the State Water Resources Control Board Division of Drinking Water design criteria for drinking water and recycled water systems are met.
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City of Palm Springs
SEC TION B | STAFF/ TE AMS QUALIFIC ATION S AN D EX PER IENCE
INC LUDIN G RE FEREN CES
STEVEN W.
LEDBETTER
P.E., Q.S.D.
PRIMARY PLAN
CHECKER
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering,
California State Polytechnic
University, Pomona, CA
REGISTRATIONS
P.E. License Number 84044
(CA)
Qualified SWPPP Developer
and Practitioner #28967
AFFILIATIONS
American Society of Civil
Engineers
American Public Works
Association
American Council of
Engineering Companies of
California
Association of California
Water Agencies
Mr. Ledbetter is the Vice President of TKE and has over 25 years of professional experience in the civil engineering industry. He has handled various critical and challenging projects from planning through design and implementation; all while ensuring tha t projects are executed as per specification in the stipulated time with quality. He has a well -rounded background with experience in: preparation and analysis of utility improvement plans and specifications including potable and non-potable water, wastewater, and drainage; utility master planning including computer modeling, analysis, and report preparation; water resource planning and management including feasibility studies, urban water management planning, water supply assessments and verifications, in tegrated regional water management planning, and groundwater management planning; storm water compliance reporting including water quality management plans and storm water pollution prevention plans and; and grant writing and administration for various Sta te and Federal agency programs.
DETAILED PROJECT EXPERIENCE
• City Engineering Services, City of Needles, CA – Mr. Ledbetter is serving as the City of Needles City Engineer and responsible for providing on-call civil engineering services to the City. He is currently managing more than $10 million in public improvements. While providing these services to the City , Mr. Ledbetter represents the City with other agencies at numerous meetings, including with the County of San Bernardino, represented the engineering department with the City’s council and other public meetings, managed engineering budgets and project sch edules, retained other consultants to prepare improvement design projects, managed funding programs, assisted with development project and plan checking, and various related work. • Mission Springs Water District , Desert Hot Springs - Mr. Ledbetter provid ed on-call engineering services to the Mission Springs Water District. He worked with staff to manage more than $70 million in water and wastewater improvement projects. In addition, Mr. Ledbetter support ed the District in several regional water resource planning elements, Integrated Regional Water Management (IRWM), Sustainable Groundwater Management (SGMA), and Salt and Nutrient Management. Services included budget development and management, grant acquisition and administration, technical analysis, capital project planning, design, and delivery, management of projects and other consultants, constructability review, performing plan checking for water and sewer plans, and providing presentations to their Board of Directors and other agencies and stakeholders.
• On-Call Plan Checking Services, City of Highland, CA - Mr. Ledbetter provided on -call plan checking services to the City of Highland. Mr. Ledbetter provided plan checking services for several small tract developments, single family residential units, commercial retail centers, and capital improvement projec ts within the city. Services included development project screen checks, response to development community and design consultant inquiries, perform plan checking for grading, street, storm drain, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services. • City Engineering Support Services, City of Calimesa, CA – Mr. Ledbetter assisted with on-call civil engineering services to the City, including direct assistance to the City Engineer. He helped manage more than $20 million in public improvements. While providing these services to the City, Mr. Ledbetter repre sented the City with other agencies at numerous meetings including RCTC and WRCOG, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, manages funding programs, and various related work.
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SEC TION B | STAFF/ TE AMS QUALIFIC ATION S AN D EX PER IENCE
INC LUDIN G RE FEREN CES
JOANNA
REMBIS
P.E., Q.S.D.
PRIMARY PLAN
CHECKER
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering,
California State Polytechnic
University, Pomona, CA
REGISTRATIONS
P.E. License Number 75535
(CA)
Qualified SWPPP Developer
and Practitioner #28965
AFFILIATIONS
American Water Works
Association
Past Chair of the Tanks,
Reservoirs, Structures, and
Maintenance Committee
Inland County Water
Association
Southern California Water
Utility Association
American Society of Civil
Engineers
Mr. Rembis has more than 25 years’ experience of Plan Checking, Project Engineering/Project Management, Field Inspection and Customer Support - 20 of which she spent as a Project Manager. Her experience includes plan review, preparing specifications, plans, and bid packages for rehabilitation and design of new tank projects.
She has been responsible for scheduling and QA/QC during on -call professional services agreement with the Cities of Palm Springs, Chino, Banning, Rialto, Lake Elsinore, Colton, and Highland. Plan check includes review of Rough and Precise Grading Plans, Wet Utility Plans, (e.g. Sewer, Water, Storm Drain), Street Improvement Plans, Street Light Plans, Hydrology Studies, Water Quality Management Plans (WQMP), Survey Documents, Soils Reports for private development projects and capital improvement projects throughout the various Cities. Mr. Rembis has conducted QA/QC for the projects and reviewed all major deliverables before delivered to clients, and has maintained regular communication with clients to ensure compliance with the established project goals and execution.
DETAILED PROJECT EXPERIENCE
• On‑Call Plan Checking Services, City of Palm Springs, CA — Assistant Project Manager responsible for scheduling and QA/QC during an on -call professional services agreement with the City of Palm Springs. ERSC provides plan and map checking for the City’s development projects. Specific tasks include the review of improvement plans, final subdivision maps, and other survey related documents as prepared by design consultants for accuracy and completeness, conformance to local codes, ordinances, and design standards.
• On-Call Civil Engineering and Plan Check Services, City of Colton , CA – Assistant Project Manager responsible for scheduling and QA/QC during Engineering and Plan Check services in the City. ERSC works closely with City staff in the review of grading, street improvements, hydrology studies, soils reports, WQMP, SWPPP, lot line adjustments, and parcel maps. ERSC also provides on -call engineering services, such as the design for the La Cadena and 8th Street Intersection Reconfiguration. • On-Call Plan Check and Inspection Services, City of Bannin g, CA – Project Manager responsible for scheduling and QA/QC during plan check and inspection services of residential and development projects. Plan check services include review of maps, street, sewer, water, grading and storm drain projects, as well as review of construction drawings to assure compliance with City, State and Federal regulations.
ERSC also provides conditions of approvals for City projects, as needed. • On-Call Plan Check Services, City of Rialto , C A – Project Manager responsible for scheduling and QA/QC during civil engineering plan check services of various private and public development items, consisting of improvement plans and professional studies. Services also include review and verification of Right -of-Way document including but not limited to legal descriptions for easements, dedications, lot line adjustments and parcel mergers.
• On-Call Plan Check Services, Jurupa Community Services District, Jurupa Valley, CA - Project Manager responsible for day -to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment.
ERSC provides professional plan check services to support the District’s water and wastewater programs on an as -needed basis. ERSC’s responsibilities related to plan check activities at JCSD include reviewing plans for design conformance to District’s Standards Manual, sound engineering practices, general mathematics, design criteria, constructability, safety, maintenance, and cost perspectives. ERSC provides these services during review of private development plans (residential, commercial, and industrial) in the District.
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SEC TION B | STAFF/ TE AMS QUALIFIC ATION S AN D EX PER IENCE
INC LUDIN G RE FEREN CES
SHELBY KELLEY
P.E., Q.S.D.
PRIMARY PLAN CHECKER
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering, San Diego State
University, San Diego, CA
REGISTRATIONS
P.E. License Number 95911 (CA)
Qualified SWPPP Developer and
Practitioner #28964
AFFILIATIONS
American Society of Civil Engineers
Association of California Water
Agencies
Mr. Kelley is an Associate Project Manager of TKE Engineering, Inc. and has 9 years of experience in civil engineering design, plan checking, and construction of infrastructure projects, including sewer and water improvements, drainage improvements, transportation improvements, facilities i mprovements, and construction methods. Mr. Kelley has been responsible for plan review of water and sewer plan/profile, lift stations, treatment plant facilities, preliminary design exhibits, and cost estimates. He has delivered projects for Mission Spring s Water District and Beaumont Cherry Valley Water Dist ricts, and the Cities of Adelanto, Chino, Fontana, Hesperia, Highland, Needles, Rialto, and Coachella.
DETAILED PROJECT EXPERIENCE
• On-Call Plan Checking Services, City of Coachella – Mr. Kelley provides on‑call plan review services for the City of Upland, supporting a wide range of development activities. His current responsibilities include reviewing plans for multiple tract developments, single‑family residential projects, and commercial retail centers throughout the City.
His services encompass comprehensive development project screening, responding to inquiries from the development community, evaluating project impacts, and conducting detailed plan checks for grading, street improvements, storm drain systems, landscaping, street lighting, traffic signals, SWPPP compliance, erosion control, and WQMP submittals. He also assists with various other municipal development review functions as needed. • Regional Sewer Conveyance Line, Mission Springs Water District, City of Desert Hot Springs – Mr. Kelley assisted with the design of a new sewer diversion structure located near the Horton Wastewater Treatment Plant in the City of Desert Hot Springs. Mr. Kelley is also currently assisting in performing construction management and office engineering services for the construction of the new Regional Sewer Conveyance Line located along Dillon Road and Little Morongo Road in the City of Desert Hot Springs. The p roject will convey wastewater to the Regional Water Reclamation Facility and includes the construction of 10,000 linear feet of 12” PVC force main, 950 linear feet of 12” VCP, 5,200 LF of 33” VCP, 1,000 LF of 36” VCP and all related appurtenances.
Mr. Kelley provides support in submittal and RFI review, change order review, progress payment review/approval, labor compliance, coordination with utilities, permitting and coordination with District representatives. • AD-15 Service Area M-2 Sewer, Mission Springs Water District, City of Desert Hot Springs – Mr. Kelley is currently assisting in performing constructability reviews, construction management, and office engineering services for the construction of the Area M-2 collection system located in the City of Desert Hot Springs. The project will abate a pproximately 400 septic tanks and convey wastewater to the Regional Water Reclamation Facility. The project includes the construction of 26,000 LF of 8” VCP, 22,000 LF of 4” VCP laterals, 1,000 LF of 10” VCP, 700 LF of 10” VCP, 2,500 LF of 15” VCP, appurtenances, and 1,150,000 SQ.FT. of asphalt pulverization and replacement. Mr. Kelley provides support in submittal and RFI review, change order review, progress payment review/approval, labor compliance, coordination with utilities and homeowners, permitting, grant reimbursement and coordination with District representatives.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SEC TION B | STAFF/ TE AMS QUALIFIC ATION S AN D EX PER IENCE
INC LUDIN G RE FEREN CES
JUSTIN SCHLAEFLI
P.E., T.E., P.T.O.E.
TRAFFIC MANAGER
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering, San Diego State
University, San Diego, CA
M.S., Civil Engineering, Norwich
University, Northfield, VT
REGISTRATIONS
P.E. License Number 74670 (CA)
T.E. License Number 2564 (CA)
CERTIFICATIONS
Professional Traffic Operations
Engineer
IMSA Level II Signal Technician —
Field Certified Fiber Optic Technician
AFFILIATIONS
Former Second Vice President, San
Diego Highway Development
Association
Member National Academy of
Sciences, Transportation Research
Board
Member, Institute of Transportation
Engineers
Vice President of Professional
Development, San Diego State
University Alumni Board of Advisors
Adjunct Faculty, San Diego State
University
Mr. Schlaefli has 25 years of experience in the transportation field. He is responsible for managing projects on a day -to-day basis as well as interfacing with other project team members and decision makers/ government staff and Contractors. He specializes in Intelligent Transportation Systems, Transportation Planning, Construction, Signal Maintenance, Traffic Engineering and Traffic Operations. He has experience working on both public sector projects as well as private sector development. His experience ra nges from construction management and inspection to operations and maintenance. He also has experience conducting traffic studies, specialized access analysis, parking studies, trip generation studies, traffic micro-simulation, signal operations, signal timing, traffic control and design/build of ITS solutions. In addition, Mr. Schlaefli has served as a subject matter expert in court, for the State of California and for vendors in the transportation industry. He is also a proud alumnus of San Diego State University where he has served as a guest lecturer and adjunct faculty teaching Transportation Engineering and helping to mentor the next generation in his field. Through his career, Mr. Schlaefli has accumulated truly unique experience in Traffic Engineering. For example, Mr. Schlaefli has served as an expert for the State Board of Professional Engineers with respect to creation of the Traffic Engineer license exa m. In addition, Mr. Schlaefli has served as a qualified expert witness for the US Attorney’ s office in cases involving traffic accidents and traffic signal timing.
DETAILED PROJECT EXPERIENCE
• On-Call Plan Checking, City of Pico Rivera, CA – Mr. Schlaefli served as the Traffic Engineer. TKE provides on-call plan and map checking services to the City. TKE is providing plan checking services for several small and large tract developments, single family residential units and commercial retail centers within the City. In addition, TKE is performing plan check on several capital improvement projects within the City.
• On-Call Plan Checking, City of Highland, CA – Mr. Schlaefli served as the Traffic Engineer. TKE provides on -call plan and map checking, civil engineering and inspection services to the City of Highland for Capital Improvement project coordination, planning and implementation. TKE is assisting the Ci ty Engineer with more than $7 million in Capital Improvements Projects for the current fiscal year. TKE simultaneously prepared numerous grant applications, performed plan checking on CIP, represented the City with other agencies at various meetings, represented Engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, prepared and acquired right - of-way, managed funding programs, provided construction management and inspection services, as well as public relations and various related work. • Plan Check for Signal Synchronization System, City of Coachella , CA – Mr.
Schlaefli served as the project manager providing plan check services for the City of Coachella’s Signal Synchronization System project. This work involved field constructability review, plan check and comment and wireless signal testing. Working with City staff and consultant designer, potential issues were discussed including filled and potentially broken conduit, conduit not meeting fiber standards, wireless backhaul testing, location and design of TMC and more. This led to suggested changes as the project moved forward.
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City of Palm Springs
SEC TION B | STAFF/ TE AMS QUALIFIC ATION S AN D EX PER IENCE
INC LUDIN G RE FEREN CES
STEVE LIBRING
T.E.
TRAFFIC ENGINEER
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering, Cal State
University Los Angeles, CA
CERTIFICATIONS
T.E. License Number 1801 (CA)
AFFILIATIONS
Recent HOA References Trilogy of
La Quinta HOA (La Quinta) – Dale
Tyreman Avondale HOA (Palm
Desert) – Alice Kroll Canyon Lake
Property Owners Association
(Canyon Lake) – Steve Schneide
Mr. Libring has 50+ years of experience providing traffic engineering services. Steve has worked full and part time for 17 cities in 5 different counties, exposing him to a variety of complex traffic problems and situations. Mr. Libring recent experience as the City Traffic Engineer for the City of Riverside, he was responsible for supervising 34 staff members and all of the day -to-day operations. Mr. Libring led The Riverside Traffic Division as it was split into four major programs: Traffic Engineering and Design, Signal Maintenance, Parking Services, and the Red-Light Enforcement Program. While at this city, he oversaw the preparation of all budgets, applied for grants, responded to litigation and testified in court. He reviewed traffic studies and prepared mitigation measures or conditions of approval. He also reviewed and signed all in-house signals designs, as well as any striping, signing and detour plans. He regularly corresponded with Council Members, City Manager and other Depart ments to coordinate the implementation of neighborhood traffic solutions. He staffed two different Commissions – the Downtown Parking Committee, and the Parking, Traffic and Streets Commission, as well as designed and implemented the Riverside Traffic Management Center (TMC) which oversees all signal coordination. Through the use of CCTV cameras, Steve and his staff were able to make adjustments to traffic as incidents and congestion occurred. Steve will serve as the Traffic Engineer for the City of El Monte’s On-Call Traffic Engineering.
DETAILED PROJECT EXPERIENCE
• On-Call Traffic Engineering, City of Calimesa – Mr. Libring provides on -call traffic engineering services to the City. He is currently responsible for review of traffic control plans, land development review of site plans and access management, review and comment of traffic impact studies, traffic engineering project coordination with capital improvement projects, warrant analysis preparation, traffic count coordination, analysis of traffic counts and collision data, traffic control device recommendations, speed zone survey preparation and certifications, and school zone analysis. While providing these services to the City, Mr. Libring has represented the City with other agencies, consultants and developers at numerous meetings, represented engineering wit h the City’s management personnel and other public meetings, managed engineering budgets and project schedules. • City Traffic Engineering, City of Corona - Mr. Libring served as the City Traffic Engineer for the City of Corona. He was responsible for review of traffic control plans, traffic engineering project coordination with capital improvement projects, warrant analysis preparation, traffic count coordination, analy sis of traffic counts and collision data, traffic control device recommendations, speed zone survey preparation and certifications, and school zone analysis.
• City Traffic Engineering, City of Riverside - Mr. Libring previously served as the City Traffic Engineer for the City of Riverside, where he oversaw a broad range of traffic engineering responsibilities. His duties included reviewing traffic control plans, coordinating traffic engineering elements wit h capital improvement projects, preparing warrant analyses, managing traffic count programs, and evaluating traffic volume and collision data. He also developed recommendations for traffic control devices, prep ared and certified speed zone surveys, and conducted school zone evaluations.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SEC TION B | STAFF/ TE AMS QUALIFIC ATION S AN D EX PER IENCE
INC LUDIN G RE FEREN CES
RON MUSSER
P.L.S.
DIRECTOR OF
SURVEYS
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering, San Diego
State University, San Diego, CA
REGISTRATIONS
P.L.S. License Number 4320 (CA)
Mr. Musser has over 50+ years of experience in performing field and office surveying services for public and private projects including roadway and highway projects. Prior to joining TKE Engineering, Inc., Mr. Musser worked as a Partner in an engineering a nd surveying firm and supervised the mapping department providing mapping and calculations support for the firm’s projects. He has performed design topographic surveying and construction staking on all of TKE’s respective design and construction management projects over the past 21 years.
In addition, he has performed boundary, topographic, ALTA, and precise level surveys as well as Global Positioning Surveys.
DETAILED PROJECT EXPERIENCE
• On-Call Survey and Map Checking Services, City of Calimesa, CA - Mr. Musser provides on-call map checking services to the City of Calimesa. Mr. Musser is providing map checking services for several small and large tract developments, single family residential units and commercial retail centers within the City. Ser vices include closure calculations, development project screen checks, response to development community inquiries, perform map checking for tract maps, parcel maps, lot line adjustments, lot me rgers, records of survey, corner records, easement and right-of-way acquisitions. • On-Call Map Checking Services, City of Upland, CA - Mr. Musser provides on- call map checking services to the City of Upland. Mr. Musser delivers map-checking services for multiple tract developments, single -family residential projects, and commercial retail centers throughout the City. His work includes performing closure calculations, conducting development project screen checks, responding to in quiries from the development community, and reviewing tract maps, parcel maps, lot line adjustments, lot mergers, records of survey, and corner records. He also supports easement and right-of-way acquisition efforts through detailed map review. • On-Call Survey and Map Checking Services, City of Hesperia, CA - Mr. Musser provides on -call map checking services to the City of Hesperia delivering comprehensive map ‑checking services for multiple tract developments, single‑family residential projects, and commercial retail centers within the City. His responsibilities include performing closure calculations, conducting development project screening reviews, and responding to inquiries from the development community. He also performs detailed examinations of tract maps, parcel maps, lot line adjustments, lot mergers, records of survey, and corner records, as well as supporting easement and right‑of‑way acquisition processes through technical map review.
• LPP County Line Road Project, City of Yucaipa/Calimesa – Mr. Musser served as the Director of Surveys for design of the SB1 Local Partnership Program project. This project consists of the preparation of full construction documents including environmental compliance documents, right -of-way acquisition, utilit y relocations, plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of four roundabouts, street widening, bicycle lanes, curb and gutter, sidewalk, crosswalks, ADA curb ramps, storm drain, and signing and striping along County Line Road from 4th Street to Bryant Street.
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City of Palm Springs
SEC TION C | DEM ON STR ATE D UN DE RSTAN DING OF THE OVE R ALL
PR OJEC T AN D RE QUE STED SC OPE OF WOR K
SECTION C | DEMONSTRATED
UNDERSTANDING OF THE
OVERALL PROJECT AND
REQUESTED SCOPE OF WORK
The City of Palm Springs (City) is seeking qualified
professional firms to provide on -call civil
engineering plan -check services to support the
City’s ongoing review of private development
projects. As development activity continues across
the City, the Engineering Services Department
requires a dependable consulting partner capable
of delivering timely, independent, and technically
rigorous evaluations of improvement plans,
subdivision maps, technical studies, and
right-of-way documents. TKE understands th at the
City relies on these services to maintain
consistency, protect public infrastructure, and
ensure compliance with City standards and
applicable State and Federal regulations.
TKE Engineering, Inc. (TKE) recognizes that the
selected consultant will serve as an extension of
City staff, providing objective and comprehensive
review of a wide range of civil engineering
documents. Our responsibility is to support the
City’s development review process by ensuring that
all submitted plans and studies are complete,
technically sound, and in full conformance with City
requirements. We understand the importance of
responsiveness, clear communication, and
solution-oriented feedback in maintaining efficient
project tim elines and high -quality development
outcomes. These services include, but are not
limited to, the following:
A. CIVIL ENGINEERING PLAN- CHECK SERVICES
TKE will provide detailed review of a wide range of
development-related documents, including , but
not limited to:
• IMPROVEMENT PLANS
− Rough grading plans
− Street improvement plans
− Sewer improvement plans
− Storm drain improvement plans
− On-site grading and paving plans
− Traffic signal plans
− Traffic striping and signage plans
• SUBDIVISION MAPPING
− Final tract maps
− Parcel maps
• TECHNICAL STUDIES AND REPORTS
− Hydrology and hydraulic studies
− Sewer studies
− Traffic impact analyses
− Geotechnical and soils reports
− Storm Water Pollution Prevention
Plans (SWPPP)
− NPDES compliance documentation
− Water Quality Management Plans
(WQMP)
Our reviews will evaluate design assumptions,
calculations, methodologies, and proposed
mitigation measures to ensure compliance with
City standards, regional requirements, and State
and Federal regulations.
B. CITY SURVEYOR AND TRAFFIC ENGINEER
RESPONSIBILITIES
TKE understands that the Consultant will also serve
as the City Surveyor and City Traffic Engineer
throughout the development review process. This
includes:
• Providing technical guidance on survey,
mapping, and boundary issues
• Reviewing and verifying legal descriptions,
plats, and right-of-way documents
• Advising the City on traffic engineering
matters, including signal design,
signing/striping, and traffic control
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City of Palm Springs
SEC TION C | DEM ON STR ATE D UN DE RSTAN DING OF THE OVE R ALL
PR OJEC T AN D RE QUE STED SC OPE OF WOR K
• Supporting the City on survey or
traffic-related questions outside the
development review process when needed
TKE is prepared to fulfill these roles with the highest level of professionalism, accuracy, and
responsiveness.
RIGHT-OF-WAY DOCUMENT REVIEW
TKE recognizes the critical role of accurate
right-of-way documentation in supporting
long-term infrastructure planning and legal
defensibility. Our services include review and
verification of:
• Legal descriptions
• Easements and dedications
• Lot line adjustments
• Certificates of compliance
• Parcel mergers
Our team will ensure that all documents are
technically correct, consistent with City
requirements, and properly aligned with recorded
boundaries and survey data. Our approach
emphasizes:
• Clear, consistent communication with City
staff and applicants
• Timely turnaround of plan checks to
support development schedules
• Constructive, solution -oriented comments
that help resolve issues efficiently
• Strict adherence to City standards, policies,
and procedures
• Professional representation of the City’s
interests in all interactions
We understand that the City values a consultant
who not only identifies issues but also provides
practical, implementable solutions that maintain
public safety, protect City assets, and support
high-quality development.
C . 1 I M P L E M E N A T I O N
P L A N
TKE approaches plan review with a disciplined
engineering methodology grounded in safety,
constructability, regulatory compliance, and
long-term operational performance. Our team
understands that the City relies on these reviews to
ensure that infrastructure projects are designed
correctly the first time, minimizing future
maintenance issues, construction conflicts, and
operational risks.
P L A N R E V I E W R E S P O N S I B I L I T I E S
TKE will:
• Review hydraulic studies, improvement
plans, and material submittals for
conformance with City Standards,
applicable regulations and standards
compliance
• Submit all comments through the City’s
online portal (Enterprise Permitting &
Licensing)
• Attend review meetings with Engineering
and Operations staff to present findings and
incorporate feedback
• Ensure that all recommendations reflect
best practices in design, construction, and
operations
C O N S T R U C T I O N K N O W L E D G E A N D
S T A N D A R D S C O M P L I A N C E
TKE’s staff is experienced with:
• Construction equipment, materials, and
methods used in residential, commercial,
roadway, and utility projects
• The latest Manual on Uniform Traffic
Control Devices (MUTCD) California
Supplement
• City Standard Plans and Technical
Specifications
• Cal-OSHA requirements, traffic control
standards, and permit conditions
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City of Palm Springs
SEC TION C | DEM ON STR ATE D UN DE RSTAN DING OF THE OVE R ALL
PR OJEC T AN D RE QUE STED SC OPE OF WOR K
• Geotechnical report interpretation and
incorporation of recommendations into
design
• The latest Greenbook, Caltrans Standard
Specifications, OSHA Construction Safety
Orders, and applicable City/County
standards
Our team maintains current copies of all relevant
standards and reference documents.
C O M M I T M E N T T O T H E C I T Y
TKE is committed to delivering plan check services
that reflect:
• Technical accuracy
• Regulatory compliance
• Constructability and operational insight
• Clear communication
• Professionalism and responsiveness
We understand the critical role these reviews play
in supporting the City’s mission to deliver safe,
reliable, and cost -effective infrastructure
improvement services. TKE is prepared to serve as
a trusted extension of the City’s Engineering team.
P R O J E C T S C H E D U L E
TKE is committed to perform all plan checks within
the following schedule from receipt of the
documents via electronically or hand delivery and
returned to the Engineer of Record with a copy to
the City within:
First Review Subsequent Reviews
Two (2) working days
plus one (1) working day
per sheet
Two (2) working days plus
one (1) working day per
sheet
This turnaround time schedule does not preclude
the option for expedited plan reviews as needed by
the City . When expedited reviews are anticipated
for certain projects deemed as priorities and
authorized by City staff, expedited reviews will be
subject to the fees established for each review type
as a fixed percentage increase to the base review
fees already to be charged, and will be subject to
the following turnaround times:
First Review Subsequent Reviews
One (1) working days
plus half (1/2) working
day per sheet
One (1) working days
plus half (1/2) working
day per sheet
TKE is capable of working with the City’s protocols
for receiving and distributing plan checks. TKE is
capable of receiving the plans electronically or hard
copy. Electronic processing of plans helps to
accelerate the review process. In addition to
utilizing the City ’s E RP sy stem for r eceiving,
reviewing and distributing plan checks, TKE can also
utilize a Dropbox sys tem to exchange plan checks
and redlines back and forth with the City if needed.
All Personnel is highly familiar with BlueBeam and
will mar k-up the plans in a designated color to
identify the comments made by TKE personnel. TKE
will set up a City folder in Dropbox for the City to
submit plans and project documents. After the City
has completed uploading project documents onto
the Dropbox and has notified TKE personnel via
emailed, TKE will acknowledge receipt of the email
and distribute the project documents to our plan
checkers for review. Once the review is completed,
redlines, memos and checklists will be uploaded
onto the City’s Dropbox folder for the City to review
and an email will be sent to the City that the review
has been completed.
C. 2 O P E R A T I O N A L
I N S I G H T S
TKE will apply its engineering expertise to
identifying opportunities to improve operational
efficiency; recommending design adjustments that
reduce costs or enhance constructability ;
improving access, maintainability, and safety ; and
ensuring that all designs reflect practical,
real-world construction and operational
considerations.
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City of Palm Springs
SEC TION C | DEM ON STR ATE D UN DE RSTAN DING OF THE OVE R ALL
PR OJEC T AN D RE QUE STED SC OPE OF WOR K
C . 3 C R I T I C A L I S S U E S
C O M M U N I C A T I O N A N D
R E S P O N S I V E N E S S
TKE understands the importance of timely,
professional interaction with City staff. Our team
will respond promptly and courteously to all City
requests, and c ommunicate clearly and concisely,
both verbally and in writing . We will c ollaborate
effectively with internal and external stakeholders,
and follow all verbal and written instructions with
precision.
T E C H N O L O G Y , T O O L S , A N D W O R K
E N V I R O N M E N T
TKE maintains strong organizational and computer
skills, including proficiency with Microsoft Office
Suite and working knowledge of AutoCAD and
BlueBeam. We will utilize our own office supplies,
computers, and software, and use the City’s online
permitting system for processing applications,
plans, and construction documents.
Q U A L I T Y C O N T R O L / Q U A L I T Y
A S S U R A N C E
TKE takes pride in its reputation for thoroughness,
rapid turnaround, cost efficiency and overall quality
of work, and believes that a high level of quality is
needed on all service provided by TKE. Key
components of the program include check lists,
field reviews, and discussion with Client staff. High
quality services yield the following tangible results:
• Ease of oversight
• Smoother processing
• Minimal delays in the bidding phase
• Absence of design-related change orders
• Reduced claims and dispute resolution costs
TKE believes that the most successful quality
assurance program is one that is applied inherently
throughout the entire process. This program
requires not only formal procedures for checking,
but encourages the conscientious effort of
experienced people t o always “think quality” in
every task performed throughout the design
process. This program has become a natural
element in all aspects of TKE’s management
activities, and will guide all services provided by
TKE.
Effective QA/QC includes:
• Staff training and development
• Assignment of experienced staff
• Continuity of staffing
• Project-specific work plan
• Schedule compliance
• Comprehensive field review and
compilation of site data
• Established design procedures
• Established detailing standards
• Established checking procedures, including
independent in-house QA/QC review
• Dual (independent) quantity estimates
• Review by Constructability expert
This Quality Assurance/Quality Control program is
in place to ensure that services provided by TKE
continues to exceed the standards of our clients
and that we will deliver the process and project on
schedule and within budget.
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City of Palm Springs
SEC TION D | LOC AL PRE FERENCE
SECTION D | LOCAL PREFERENCE
The following Key Personnel have local area experience:
• Terry Renner, P.E., P.L.S., Q.S.D., Client Liaison/Project Manager:
− City Engineering Services, City of Palm Desert – Mr. Renner provides on -call civil engineering services to the City, including City Engineer. He managed more than $12 million in public improvements. While providing these services to the City, he represented the City with other agencies at numerous meetings including RCTC and WRCOG, represents engineering with the City’s council and other public meetings, manages engineering budgets and project schedules, retains other consultants to prepare impro vement design projects, manages funding programs, and various related work. In addition, Mr. Renner manages major development projects.
• Steven W. Ledbetter, P.E., Q.S.D., Primary Plan Checker:
− Mission Springs Water District, City of Desert Hot Springs - Mr. Ledbetter provided on-call engineering services to the Mission Springs Water District over the past 10 years . He worked with staff to manage more than $70 million in water and wastewater improvement projects. In addition, Mr. Ledbetter supported the District in several regional water resource planning elements, Integrated Regional Water Management (IRWM), Sustainable Groundwater Management (SGMA), and Salt and Nutrient Management. Services included budget development and management, grant acquisition and administration, technical analysis, capital project planning, design, and delivery, management of projects a nd other consultants, constructability review, performing plan checking for water and sewer plans, and providing presentations to their Board of Directors and other agencies and stakeholders.
• Joanna Rembis, P.E., Q.S.D., Primary Plan Checker:
− On-Call Plan Checking Services, City of Palm S prings – Over the course of her career, Ms.
Rembis has provided more than three years of on -call plan review support to the City of Palm Springs, assisting the Engineering and Development Services Departments with a wide range of municipal development review functions.
− Coachella Valley Water District, City of Palm Desert – Mr. Rembis has worke d with the Coachella Valley Water District for over 20 ye ars providing engineering and construction management services to the District on various projects. Highlights of services provided to the District include: evaluating and prioritizing 64 facilities for design, maintenance, and rehabilitation; preparing plans and specifications and providing bid support and construction management for system upgrades; de signing nine new reservoirs and rehabilitating 18 existing reservoirs; delivering bid support, construction management, and quality control for infrastructure improvements; preparing plans and specifications for a new concrete ring wall beneath an existing 5.0 MG reservoir and managing construction activities; and overseeing more than $10 million in project costs for the District.
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SEC TION E | FORM S
SECTION E | FORMS
A T T A C H M E N T “ A ”– S I G N A T U R E A U T H O R I Z A T I O N
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K E Y S T A F F P R O F E S S I O N A L L I C E N S E S
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SEC TION E | FORM S
A D D E N D A A C K N O W L E D G E M E N T S
TKE acknowledges receiving the following addenda:
1. Addendum No. 1 – April 6, 2026
2. Addendum No. 2 – April 7, 2026
3. Addendum No. 3 – April 20, 2026
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A T T A C H M E N T “ B ”– N O N - C O L L U S I O N A F F I D A V I T
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A T T A C H M E N T “ C ” – C O N F L I C T O F I N T E R E S T
A N D N O N - D I S C R I M I N A T I O N C E R T I F I C A T I O N
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A T T A C H M E N T “ D ” – P U B L I C I N T E G R I T Y
D I S C L O S U R E
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A T T A C H M E N T “ E ” – R E F E R E N C E S
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A T T A C H M E N T “ F ” – E X E C U T I V E O R D E R N - 6 - 22
C E R T I F I C A T I O N
TKE Engineering, Inc.
73-993 Highway 111, Suite 201
Palm Desert, CA 92260
55575.18100\42907009.1
BB&K (2024) Page 24 of 25
EXHIBIT “B”
SCHEDULE OF COMPENSATION
Grading Plan
Less than 15,000 SF 800$ Per Sheet
15000 SF to 4 acres 1,000$ Per Sheet
4+ acres 1,200$ Per Sheet
Additional Per Sheet Charge on the Fourth (4th Resubmittal) 200$ Per Sheet Fast Tract Performance Schedule 150% Original Fee
Plan Check Fess for Public Improvements (Street, Sewer, Drainage) Traffic Signal Plans 600$ Per Sheet
Street Plans 1,200$ Per Sheet
Sewer Plans 800$ Per Sheet
Storm Drains 900$ Per Sheet
Signing and Striping Plans 600$ Per Sheet Additional Per Sheet Charge on the Fourth (4th Resubmittal) 100$ Per Sheet Fast Track Performance Schedule 150% Original Fee
Plan Check / Review
WQMP / Hydrology Report 2,000$ Per Report Traffic Impact Analysis 1,400$ Per Report TIA Scoping Agreement 500$ Per Report Professional Services/ Technical Reports and Additional Services Subdivision Maps
Parcel Maps 700$ Per Sheet
Plus 25$ Parcel
Final Maps (Or Parcel Maps 5 lots or More) 1,036$ Per Sheet Plus 25$ Parcel
Revision of Final and Parcel Maps 250$ Per Sheet Additional Per Sheet Charge on the Fourth (4th Submittal) 100.00$ Per Sheet Fast Track Performance Schedule 150% Original Fee
Legal Documents
Lot Line Adjustment
Parcel Merger
Certificate of Compliance
Right-of-Ways/Easements
Vacations (Streets and Easements)
Dedication and Easements
800$
700$
Proposed Fee
ON-CALL CIVIL PLAN CHECK SERVICES
700$
700$
800$
T&M
Revised April 2026
RATE SCHEDULE
2026-2027
HOURLY
RATE
Principal in Charge .. .......... .......... .......... ...................... .......... .......... .......... $200.00 Project Manager/Construction Manager/Licensed Surveyor ..... .......... .......... $190.00 Traffic Engineer (TE) .......... .......... .......... ...................... .......... .......... .......... $200.00 Senior Engineer/Project Engineer (PE)/Senior Plan Checker.... .......... .......... $180.00 Assistant Project Manager/Associate Engineer .............. .......... .......... .......... $170.00 Assistant Engineer/Plan Checker/Designer .................... .......... .......... .......... $160.00 AutoCAD Technician .......... .......... .......... ...................... .......... .......... .......... $150.00 Engineering Technician ...... .......... .......... ...................... .......... .......... .......... $120.00 Clerical ........ .......... ......... .......... .......... ...................... .......... .......... .......... $100.00 Forensic Engineering ......... .......... .......... ...................... .......... .......... .......... $315.00 Expert Witness Testimony .......... .......... ...................... .......... .......... .......... $415.00
SURVEYING SERVICES
2-Man Survey Crew (Prevailing Wage) .... ...................... .......... .......... .......... $275.00
CONSTRUCTION SERVICES
Senior Construction Inspector (Prevailing Wage) ........... .......... .......... .......... $150.00 Construction Inspector (Prevailing Wage) ...................... .......... .......... .......... $140.00
REIMBURSABLE COSTS
In-house Reproduction ...... .......... .......... ...................... .......... .......... .......... Cost Printing and Materials ........ .......... .......... ...................... .......... .......... .......... Cost + 10% Express Mail/Courier/Next Day Service .. ...................... .......... .......... .......... Cost + 10% Special Subconsultant Services ... .......... ...................... .......... .......... .......... Cost + 10%
All rates herein are subject to an annual rate adjustment of 3% upon July 1 of each year. 55575.18100\42907009.1
BB&K (2024) Page 25 of 25
EXHIBIT “C”