HomeMy WebLinkAboutC36020 - PD Utility Undergrndng Master Plan-Penco Engineerng Contract No. C36020
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C36020 IN THE AMOUNT OF $249,966
TO PENCO ENGINEERING, INC., OF CORONA, CALIFORNIA,
FOR THE PREPARATION OF THE PALM DESERT UTILITY
UNDERGROUNDING MASTER PLAN (PROJECT NO. 880-17)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONSULTANT: PENCO Engineering, Inc.
255 E. Rincon Street, Suite 114
Corona, California 92879
DATE: July 13, 2017
CONTENTS: Agreement
Proposal and Cost Proposal
Recommendation
By Minute Motion:
1. Award Contract No. C36020 in the amount of $249,966 to PENCO
Engineering, Inc., (PENCO) of Corona, California, for the preparation of the
Palm Desert Utility Undergrounding Master Plan (Project No. 880-17);
2. Appropriate $150,000 from unobligated Fund 400 to the project account; and
3. Authorize the Mayor to execute the Agreement.
If the above actions are approved, funds are available in project Account No. 4004256-
4400100.
Strategic Plan Objective
The undergrounding of utilities is not addressed in the Strategic Plan. However, in the
General Plan the City Council has established a goal that residents should be
encouraged to form assessment districts to finance the undergrounding of overhead
utilities. Another goal in the General Plan is that view corridors should be maintained.
Additionally, creating a utility undergrounding master plan is included in the goals set for
the City Manager for 2017.
Staff Report
Award Contract No. C36020 for Preparing the Palm Desert Utility Undergrounding Master Plan
Page 2of3
July 13, 2017
Background
Various residents have expressed interest in relocating overhead utilities underground.
As a result, on March 12, 2015, the City Council authorized the City Manager to select
citizens to form a Utility Undergrounding Ad Hoc Committee (Committee). The goal of
the Committee was to study how the undergrounding process works in the City, and to
determine ways for improvement.
The Committee met several times over a ten-month period. On April 14, 2016, the City
Council approved several recommendations made by the Committee.
Recommendations included establishing a goal of undergrounding overhead utilities
throughout the City, and budgeting $100,000 to go towards hiring a consultant to
develop a utility undergrounding master plan.
The City advertised a request for proposals (RFP) for consulting services for creating
the Palm Desert Utility Undergrounding Master Plan on December 21, 2016. Only one
proposal was received, and upon review it was determined that an important element
was missing from the RFP. The City Council rejected the proposal, and directed staff to
re-advertise the RFP with the provision that the consultant research and evaluate all
funding sources available for undergrounding projects.
The revised RFP was advertised April 29, 2017, and four proposals were received. The
proposals were evaluated by an interdepartmental group of five employees. In
reviewing the proposals, all five members of the committee had a significant gap in the
rankings between the top two firms and the bottom two firms. Therefore, the top two
consultants were shortlisted and considered independent of the lower tiered
consultants. The group identified PENCO as the highest ranked consultant based on
the qualifications and experience of the firm, location, and cost. Following are the two
shortlisted consultants in the order in which they were ranked by the selection
committee.
Consultant Location Amount
PENCO Engineering, Inc. Corona, CA $249,966
Lee & Ro, Inc. San Diego, CA $199,453
PENCO submitted a cost proposal for the work totaling $249,966. While the fee is 25%
higher than the next ranked firm, there is a significant amount of work that is included in
PENCO's proposal that is not included in Lee & Ro's, namely, field review and field data
collection. Lee & Ro specifically excluded field review of the existing infrastructure,
relying on SCE to provide the data in GIS format. However, it has been the City's
experience that SCE will not provide its GIS data to other agencies or consultants. A
conversation with an SCE representative confirmed this. In PENCO's cost proposal the
Staff Report
Award Contract No. C36020 for Preparing the Palm Desert Utility Undergrounding Master Plan
Page 3 of 3
July 13, 2017
field review line item totals approximately $60,000. Therefore, without the field work,
the cost proposal would be less than the second ranked firm.
The City Council established a budget of $100,000 for the undergrounding master plan.
Therefore, an appropriation of $150,000 is necessary. The creation of a utility
undergrounding master plan is a very specialized field. It is very important to start off
with a plan of excellent quality. Investing in the master plan document reduces the
likelihood of additional costs in the future.
Upon award and authorization to proceed, the consultant will review the City's process
for undergrounding utilities, and begin researching utility data to determine, logistically
and economically, the best way to establish boundaries for undergrounding districts.
The consultant will also meet with the Committee and staff to improve the City's
undergrounding process, and create a guide for residents interested in pursuing
underground i ng.
The consultant has agreed to a schedule where a draft master plan will be submitted in
December 2017. After the plan is reviewed and comments are incorporated, the final
master plan will be submitted and presented to the City Council in January 2018.
Fiscal Analysis
Although the preparation of the Palm Desert Utility Undergrounding Master Plan will
likely lead to future expenditures for undergrounding, part of the master plan is to
determine where the funding will originate from, and what part the City may play in the
funding. This approval commits $150,000 from unobligated General Fund Reserves in
addition to the $100,000 that is already in the budget for the 2017-2018 fiscal year.
Prepared By: Department Head:
Ryan Gar, Pro t Administrator Mar Greenwood, .E.
Dir for of Public Works
Jane M. Moore, Director of Finance
Approval:
Lauri Aylaian, City Manager
CONTRACT NO. C36020
UTILITY UNDERGROUNDING MASTER PLAN
CITY OF PALM DESERT
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 13TH day of July, 2017, by and
between the City of Palm Desert, a municipal corporation, organized under the laws of the
State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm
Desert, California, 92260 ("City") and PENCO Engineering, Inc., a CALIFORNIA
CORPORATION, with its principal place of business at 255 E. Rincon Street, Suite 114,
Corona, CA 92879 ("Consultant"). City and Consultant are sometimes individually referred
to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional consulting services required by the City on the terms and conditions set forth in
this Agreement. Consultant represents that it is experienced in providing professional
consulting services to public clients, is licensed in the State of California, and is familiar with
the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional consulting services for
the Utility Undergrounding Master Plan (Contract No. C36020), project ("Project") as set
forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional consulting
services necessary for the Project ("Services"). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services
shall be subject to, and performed in accordance with, this Agreement, the exhibits attached
hereto and incorporated herein by reference, and all applicable local, state and federal laws,
rules and regulations.
CONTRACT NO. C36020
3.1.2 Term. The term of this Agreement shall be from July 13, 2017 to
January 26, 2018, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules
and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an
employee. Consultant retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Consultant shall also not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Neither City, nor any of its officials,
officers, directors, employees or agents shall have control over the conduct of Consultant or
any of Consultant's officers, employees, or agents, except as set forth in this Agreement.
Consultant shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Consultant
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner. Upon request of City, Consultant shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to the City, or who are determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or
a threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement
are as follows: Jeffery Cooper, P.E. 31572.
3.2.5 City's Representative. The City hereby designates Mark Greenwood,
P.E., Director of Public Works, or his/her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's Representative").
Consultant shall not accept direction or orders from any person other than the City Manager,
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City's Representative or his/her designee. City's Representative shall have the power to act on
behalf of the City for review and approval of all products submitted by Consultant, but not the
authority to enlarge the Scope of Work or change the total compensation due to Consultant
under this Agreement. The City Manager shall be authorized to act on City's behalf and to
execute all necessary documents which increase the Scope of Work or change the
Consultant's total compensation, subject to the provisions contained in Section 3.3 of this
Agreement.
3.2.6 Consultant's Representative. Consultant hereby designates Jeffery
Cooper, P.E. 31572, or his/her designee, to act as its representative for the performance of
this Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subconsultants shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subconsultants have all
licenses, permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, and that such licenses and approvals shall be maintained throughout the
term of this Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from the
City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein. Any employee of
the Consultant or its sub-consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety
of persons or property, or any employee who fails or refuses to perform the Services in a
manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA requirements,
and shall give all notices required by law. Consultant shall be liable for all violations of such
laws and regulations in connection with Services. If Consultant performs any work knowing it
to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees, agents, and volunteers free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
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Consultant shall not commence work under this Agreement until it has provided evidence
satisfactory to the City that it has secured all insurance required under this section. In addition,
Consultant shall not allow any subconsultant to commence work on any subcontract until it has
provided evidence satisfactory to the City that the subconsultant has secured all insurance
required under this section.
Without limiting Consultant's indemnification of City, and prior to commencement of Work,
Consultant shall obtain, provide and maintain at its own expense during the term of this
Agreement, policies of insurance of the type and amounts described below and in a form
satisfactory to City.
General Liability insurance: Consultant shall maintain commercial general liability insurance
with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not
less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal
injury, and property damage, including without limitation, blanket contractual liability. Defense
costs shall be paid in addition to the limits. The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; or (3) contain any other exclusion contrary to the
Agreement.
Automobile Liability Insurance: Consultant shall maintain automobile insurance at least as
broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with Work to be performed
under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles,
in an amount not less than $1,000,000 combined single limit for each accident.
Professional Liability (Errors & Omissions) Insurance: Consultant shall maintain
professional liability insurance that covers the Services to be performed in connection with this
Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the effective date of this
agreement and Consultant agrees to maintain continuous coverage through a period no less
than three years after completion of the services required by this agreement. Covered
professional services shall specifically include all work to be performed under the Agreement
and delete any exclusions that may potentially affect the work to be performed (for example,
any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks,
laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the
retroactive date shall precede the effective date of the initial Agreement and continuous
coverage will be maintained or an extended reporting period will be exercised for a period of at
least three (3) years from termination or expiration of this Agreement.
Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation
Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least
$1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver
of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees
and volunteers.
Other provisions or requirements
Insurance for Subconsultants: All Subconsultants shall be included as additional insureds
under the Consultant's policies, or the Consultant shall be responsible for causing
Subconsultants to purchase the appropriate insurance in compliance with the terms of these
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Insurance Requirements, including adding the City as an Additional Insured to the
Subconsultant's policies. Consultant shall provide to City satisfactory evidence as required
under Insurance Section of this Agreement.
Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of
the insurance coverage required herein, along with a waiver of subrogation endorsement for
workers' compensation. Insurance certificates and endorsement must be approved by City's
Risk Manager prior to commencement of performance. The certificates and endorsements for
each insurance policy shall be signed by a person authorized by that insurer to bind coverage
on its behalf. Current certification of insurance shall be kept on file with City at all times during
the term of this contract. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
Duration of Coverage: Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the Work hereunder by Consultant, his agents,
representatives, employees or subconsultants.
City's Rights of Enforcement: In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced, City has
the right but not the duty to obtain the insurance it deems necessary and any premium paid by
City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers: All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide,
unless otherwise approved by the City's Risk Manager.
Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected
or appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against the City of Palm Desert, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions (Non Estoppel): Consultant acknowledges and agrees
that any actual or alleged failure on the part of the City to inform Consultant of non-compliance
with any requirement imposes no additional obligations on the City nor does it waive any rights
hereunder.
Primary and Non-Contributing Insurance: All insurance coverages shall be primary and
any other insurance, deductible, or self-insurance maintained by the indemnified parties shall
not contribute with this primary insurance. Policies shall contain or be endorsed to contain
such provisions.
Requirements Not Limiting: Requirements of specific coverage features or limits contained
in this Section are not intended as a limitation on coverage, limits or other requirements, or a
waiver of any coverage normally provided by any insurance. Specific reference to a given
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coverage feature is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and
insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment
for which a ten (10) day notice is required) or nonrenewal of coverage for each required
coverage.
Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution
Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its
officers, officials, employees, and agents shall be additional insureds with regard to liability and
defense of suits or claims arising out of the performance of the Agreement, under such
policies. This provision shall also apply to any excess liability policies.
City's Right to Revise Specifications: The City reserves the right at any time during the term
of the contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant's compensation.
Self-Insured Retentions.: Any self-insured retentions must be declared to and approved by
City. City reserves the right to require that self-insured retentions be eliminated, lowered, or
replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made
or suits instituted that arise out of or result from Consultant's performance under this
Agreement, and that involve or may involve coverage under any of the required liability
policies.
Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any
person or property. In carrying out its Services, the Consultant shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of
all safety measures.
Additional Insurance: Consultant shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be necessary for its
proper protection and prosecution of the work.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
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forth in Exhibit "C" attached hereto and incorporated herein by reference. The total
compensation shall not exceed Two hundred forty-nine thousand, nine hundred sixty-six
dollars ($249,966) without authorization of the City Council or City Manager, as applicable, per
the Palm Desert Municipal Code. Extra Work may be authorized, as described below, and if
authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
invoice which indicates work completed and hours of Services rendered by Consultant. The
invoice shall describe the amount of Services provided since the initial commencement date,
or since the start of the subsequent billing periods, as appropriate, through the date of the
invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-
disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City
shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any
disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for
any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the Parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
authorization from the City Council or City Manager, as applicable, per the Palm Desert
Municipal Code.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to
Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal
as set forth in Exhibit "C."
3.3.6 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public works"
and "maintenance" projects. If the Services are being performed as part of an applicable
"public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a
copy of the prevailing rates of per diem wages in effect at the commencement of this
Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each
craft, classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of business and
at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers,
employees, agents, and volunteers free and harmless from any claim or liability arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and
any other documents created pursuant to this Agreement. Consultant shall allow inspection of
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all work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause
by giving written notice to Consultant of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Consultant shall be compensated only for those services which have been
adequately rendered to City, and Consultant shall be entitled to no further compensation.
Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant: PENCO Engineering, Inc.
255 E. Rincon Street, Suite 114
Corona, CA 92879
ATTN: Jeffrey Cooper, P.E.
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Mark Greenwood, Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in
plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings and data magnetically or otherwise recorded on computer diskettes, which are
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prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require all subconsultants to agree in writing that City is granted a
non-exclusive and perpetual license for any Documents & Data the subconsultant prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal right
to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were prepared by design professionals other
than Consultant or provided to Consultant by the City. City shall not be limited in any way in its
use of the Documents & Data at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant which is otherwise known to Consultant or is
generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold the City, its directors, officials, officers,
employees, volunteers and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity,
to property or persons, including wrongful death, in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its
officials, officers, employees, subcontractors, consultants or agents in connection with the
performance of the Consultant's Services, the Project or this Agreement, including without
limitation the payment of all consequential damages, expert witness fees and attorneys fees
and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
3.5.6.2 Additional Indemnity Obligations. To the fullest extent permitted
by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost,
expense and risk, any and all claims, suits, actions or other proceedings of every kind covered
by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials,
9 Update 04/08/2014
CONTRACT NO. C36020
officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, volunteers and agents as part of any such claim, suit, action or other proceeding.
Consultant shall also reimburse City for the cost of any settlement paid by City or its directors,
officials, officers, employees, agents or volunteers as part of any such claim, suit, action or
other proceeding. Such reimbursement shall include payment for City's attorney's fees and
costs, including expert witness fees. Consultant shall reimburse City and its directors, officials,
officers, employees, agents, and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its directors, officials officers, employees, agents, or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All
references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit, augment,
or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
10 Update 04/08/2014
CONTRACT NO. C36020
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of City, during the
term of his or her service with City, shall have any direct interest in this Agreement, or obtain
any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subconsultant, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation, or to undertake self-
insurance in accordance with the provisions of that Code and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power, right,
and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
11 Update 04/08/2014
CONTRACT NO. C36020
CITY OF PALM DESERT PENCO ENGINEERING, INC.
By: By:
Jan C. Harnik, Mayor George Jurica, President
ATTEST:
By: By:
Rachelle D. Klassen Jeffrey Cooper, Secretary
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
12 Update 04/08/2014
CONTRACT NO. C36020
EXHIBIT "A"
SCOPE OF SERVICES
PENCOENG
Client Success is Our Success
PROJECT APPROACH will be meeting with SCE and other affected utility companies
to confirm the final project list.
PENCO has reviewed the RFP,dated May 1,2017, and
identified the following key elements we will address in the Rule 20B
preparation of the Utility Undergrounding Master Plan. These are project areas that do not receive Rule 20A funds
Utility Reseach&Coordination and GIS Mapping and have already been developed with over head utilities and
will not be redeveloped in the near future.These potential
Utility coordination is an integral element in the planning project areas will be reviewed and boundaries determined.
and implementation of the proposed Utility Undergrounding The state enabling Acts for undergrounding districts will be
Master Plan.Accurate and complete mapping of the City's applied along with Proposition 218 as applicable.All potential
67 miles of above ground utilities is essential for maintaining boundaries will be reviewed with City staff and confirmed.
the overall project schedule and budget. PENCO's proactive
management of the relationships with the utility providers Funding Mechanisms and Streamling the Formation
involved with this project is the key to the success of this Process
task.At project commencement, PENCO will immediately All possible funding mechanisms for Rule 20A&B projects will
begin the utility coordination process via initial utility research be considered.Those mechanisms will include the following:
and investigation, develop utility contacts through the utility 1. Rule 20A credits
notification process and ultimately perform a site investigation
to verify existence and locations of power poles and above 2. Purchasing 20A credits from other Cities
ground utilities to confirm the accuracy of utility maps obtained. 3. Enhanced Infrastructure Financing Districts(EIFD)
Additionally, PENCO will utilize the information collected from
utility maps and field visits to build onto the City's and utility 4. Utility Tax
owner's Geographical Information System(GIS)framework 5. Mello-Roos CFD
as a basis of informing residents and the public community 6. Utility Surcharge(City of San Diego as an example)
of identifying and locating the above ground utilities within
City limit.The GIS will spatially model the location(XYZ,as 7. Traditional 1913 Act Assessment District with a streamline
needed)of the power poles,wires,guy wires,supports and approach
conduits, risers,above ground distribution transformers in 8. Other alternatives
detail.The resultant GIS will represent the integration of above Each alternative will be summarized in the Master Plan Report
ground utility information previously only retrievable via field
visits and drawers full of detailed drawn underground electric, with a matrix of pros and cons.
cable TV and telephone utility plans into one seamless utility Palm Desert Utility Undergrounding Ad Hoc Committee
wide map.When viewed in the context of geography,the City's
aboveground utility data is quickly understood by the public, We will work closely with City staff,the Ad Hoc Committee
and provides efficient delivery of map and geographic record and all stake holders. Our goal will be to communicate, listen
information to the public, City staff and other agencies and and develop consensus. Our team will meet with the Ad
special interest groups. Hoc Committee early in the process and on a regular basis
as mutually agreed upon with the City staff.The project will
Rule 20A culminate with a major presentation to City Council that will
The following criteria will be applied throughout the City of present significant findings and recommendations.
Palm Desert to determine potential Rule 20A funded projects:
1. The undergrounding will avoid or eliminate an unusually PROJECT MANAGEMENT PLAN
heavy concentration of overhead utility facilities (PMP)
2. The road or right-of-way occupied by the facilities is Successful completion of the project will require a well-
extensively used by the general public and carries a heavy conceived management and control plan based on past
volume of pedestrian or vehicular traffic successful strategies. Mr.Jeffrey Cooper, PE, Project Manager,
will hold responsibility for project management activities to
3. The road or right-of-way adjoins or passes through a civic meet the specifics for all projects.The PENCO team's PMP
area, public recreation area,or an area of unusual scenic will be the summation of PENCO's past successful strategies
interest and Mr. Cooper's role as Project Manager. PENCO's PMP
4. The street or road or right-of-way is considered an arterial will include special emphasis on project communications
street or major collector as defined in the Governor's procedures,preparation of Scope of Work,and the submittal
Office of Planning and Research General Guidelines process.Upon notice to proceed(NTP)and before initiating
A list of projects will be determined by PENCO and then any work,our team will prepare and submit a PMP for the
presented to City staff at the City of Palm Desert.The final step City's review and approval.The specific elements of the PMP
can be categorized into four key areas:
Page 9
PENCOENG
Client Success is Our Success
Review of QA/QC by the Project Team Review; Review of the 67 miles of above ground utilities to identify
the project for financial feasibility and property owner and geospatially locate power poles, power pole
acceptability. Recommendations made by the independent number,type of pole,utility owner,direction of
reviewer are made directly to the Project Manager,who has wires number of wires,existence of transformers,
the responsibility to evaluate the recommendations and needed field visits and identification of existing
implement changes,as required. wet and dry utilities relative to cost estimating.The
geodatabase will contain geospatial data for storing,
SCOPE OF WORK checking and displaying data within a common
geographic framework.The geographic features will
We have reviewed the Scope of Work as outlined in the City's be accompanied by an attribute table,which has one
RFP dated May 1, 2017 and have no exceptions.We offer row per feature containing further information relevant
the following clarifications and recommendations under each to each feature.The GIS map layers and associated
task below,which is based on discussions with City staff and attribute data will be based on the data collected
our concept of the project. It is our intent that this outline during the GPS survey.The most current GIS data
provides enough details so our approach is clearly defined. base map for the entire City will be provided by the
We welcome the opportunity to discuss additions,deletions or City and utility agencies.
revisions as deemed appropriate by City staff.
1. Establish one individual who will serve as
consultant's project manager and point of contact for all
services to be performed under the contract:
Our Project Manager,Jeff Cooper, PE, has extensive :a , <` :rr•i
experience with utility undergrounding,successfully forming "� ° t
utility undergrounding districts for 30 years. His experience axy
includes all aspects of utility undergrounding work including i_>w ^
coordination with utilities companies such as SCE,Time �'" f
Warner(Spectrum),etc.during planning,design and
construction.
2. Meet in person with staff members as needed to 2. Identification and prioritization of locations
gather technical input and track progress of work. eligible for Rule 20A funding;
Our team will work quickly and efficiently to obtain all technical Rule 20A criteria will be applied throughout the
information. One of our goals will be to minimize City staff time. master plan areas. Proposed Rule 20A eligible
Status Reports will be provided every two weeks during the locations will be determined by the PENCO team
project. and discussed with City staff,then confirmed with
applicable utility companies.
3. Create a utility undergrounding master plan for the 3. An outline of potential boundaries for utility
City that includes the following elements: undergrounding assessment districts in
1. A map identifying areas served by above ground residential and commercial areas ineligible for
utility infrastructure; Rule 20A funds that would be logistically and
PENCO will conduct the necessary research, economically feasible;
investigation,field reviews and analysis to identify Our Project Manager,Jeff Cooper, PE, has extensive
locations of the City's overhead utilities and prepare a assessment engineering experience.The entire area
comprehensive geodatabase of the overhead utilities not eligible for Rule 20A funding will be driven and
in ArcGIS Desktop or City-approved and compatible walked.Prop 218 special benefit requirements will be
GIS software platform. This task will include the applied. Boundaries will be prepared and confirmed
review of all available existing City record plans, with City staff.
planning documents,atlas maps,field maintenance 4. Research and analysis on a toolbox of funding
records,record plans from dry utility agencies, mechanisms for undergrounding that include 20A
including Southern California Edison(SCE)and/or credits,but also addresses other approaches for
Imperial Irrigation District(IID)for electrical facilities, 20B projects,such as Enhanced Infrastructure
Time Warner Cable(TWC)for cable television, Financing Districts,a utility tax with proceeds
Southern California Gas Company(SoCal Gas) dedicated to utility undergrounding, purchasing
for gas facilities,and Frontier Communications Rule 20A credits from other agencies,or other
for telephone and fiber communications facilities, innovative funding methods;
current improvement plans,conduct a GPS survey
Page 11
- PENCOENG
Client Success is Our Success
Our Project Manager,Jeff Cooper, PE, recently 7. Recommendations on ways to simplify and streamline
completed a similar research and analysis for the Port the City's existing assessment district formation process,
of San Diego to fund their infrastructure needs.All including the creation of a Utility Undergrounding Guide
possible funding mechanisms will be determined and to be available,at City Hall and online,to property owners
a table of pros and cons for each will be provided. interested in learning more about the process.
Recommendations will be made as to which options Our Project Manager,Jeff Cooper, PE, recently completed
will be best for the City of Palm Desert. similar assignments for the Cities of Newport Beach and
In addition to those listed above,a Mello-Roos CFD Hermosa Beach.The City of Newport Beach's"Step by
and/or a"surcharge"on the utility bill,as the City of Step"guideline is attached at the end of this Scope of
San Diego has implemented,will also be considered. Work section,starting on page 14,for your reference.
Mr. Cooper has assisted the City of Newport Beach This guideline outlines a streamline approach for district
with Rule 20A credits from other cities. formations and completion of undergrounding utilities. One
option would be for the City to have options were property
owners could provide input on whether a"traditional"approach
or"streamline"approach would be best for them on a district
y - Ef a by district basis.
' Mr.Cooper has 30 years of experience working with property
owners and City Councils.He will work first hand with City
;. . rd« - staff,property owners and City Council members to improve
( and streamline the assessment district formation process.
8. Identification of a metric for measuring the City's
r _ annual investment in and progress toward the goal of
�.. � community-wide undergrounding.
I
The PENCO team will develop a matrix to quantify the City's
5. Calculations and refined cost estimates for utility progress in undergrounding all above ground utilities for the
undergrounding including updated engineer estimates to Community.This will include an estimate of the City's annual
arrive at reliable construction costs for proposed projects. investment,work completed,work in progress,and a timeline
AND to meet their goal.
6. Estimates for the mainline construction,and the costs 9. A digital copy of a draft master plan to the City for
anticipated for the construction from the mainline to the review and work with staff on any necessary revisions.
panel. The collected data will be compiled into a comprehensive Draft
PENCO will prepare a detailed engineer's opinion of probable Utility Undergrounding Master Plan Report that will address
construction costs for undergrounding of above ground utility aspects of the project in a thorough and orderly manner
facilities, including SCE Distribution poles,SCE Transmission through text,tables,graphs,figures and maps.The report will
Poles,service lines for TWC cable TV and Frontier outline the master plan's intent to facilitate the implementation
Communications for telephone and residential(customer) of an orderly and cost-effective conversion program financed
service drops,as applicable.Other costs considered include by affected serving utility companies,the City of Palm Desert,
road trenching, road resurfacing,public notifications,customer and property owners.Additionally,the purpose of the master
paneling,customer trenching,customer cabling,cut-overs plan is to establish a long range conversion goal for the City
and step-down transformers.We will coordinate with an that will provide a basis for scheduling and funding individual
SCE Project Manager and representatives from TWC and
Frontier Communications(servicing the City of Palm Desert) in ,
obtaining historic cost data and ascertaining the approximate
construction cost for the Citywide on-site conversion work.The •
historic data will be evaluated for consideration in extrapolating
into future costs and updated vendor quotes will be obtained. gar
The final quantity and construction cost estimate will include
a contingency mutually agreed upon by PENCO Engineering
and the City of Palm Desert. Deliverables will consist of an �.
itemized construction cost estimate in an Excel spreadsheet
format. . '
Page 12
PENCOENG
Client Success is Our Success
conversion projects.The report will include an executive
summary that provides a snapshot of the undergrounding
program background, methodology,development process in
preparing the City of Palm Desert's Utility Undergrounding
Master Plan scope of work.An appendix will be provided for
any supporting technical calculations and breakdown cost
estimates.
PENCO will submit a digital PDF copy of the Draft Utility
Undergrounding Master Plan Report for review by City staff
and attend a coordination meeting to discuss comments. If
requested by the City,we will submit five(5)hard copies.City
staffs comments on the draft report,including any in regard
to the electronic GIS maps,will then be incorporated for the
preparation of the final report.A digital PDF copy of the Final
Utility Undergrounding Master Plan Report will be submitted,
including electronic files of a complete ArcGIS map in the
City's most current version.
10. Once staff revisions are made,a presentation of the
Plan to the Council as part of a regularly schedule Council
meeting.
The PENCO team will prepare a comprehensive PowerPoint
slide presentation for the City Council and the public,to
provide critical information and recommendations for meeting
the goal of a community-wide undergrounding program.
Mr. Cooper will work with City staff to make this presentation.
He has extensive experience making presentations to City
Councils and the public. He will also meet and assist the Palm
Desert Utility Undergrounding Ad Hoc Committee as requested
by City staff. He has extensive experience working with City
committees.
SCHEDULE
PENCO has reviewed the project schedule listed in the RFP
on page 5 and have no exceptions or deviations. PENCO
is ready to begin immediately,has a comfortable present
workload and is prepared to meet or beat said schedule.We
would be happy to discuss the schedule further and it would
also be discussed at the initial kick-off meeting and is subject
to revisions based on mutual agreement.
Page 13
CONTRACT NO. C36020
EXHIBIT "B"
SCHEDULE OF SERVICES
Schedule
Issue Request for Proposals May 2017
Proposals Due to City June 6,2017,4 p.m.
Award of Contract by City Council July 13, 2017
Submittal of First Draft to the City December, 2017
Adoption of Final Plan by City Council January, 2017
CONTRACT NO. C36020
EXHIBIT "C"
COMPENSATION
PENCOENG
Client Success is Our Success •
City of Palm Desert PN
FOR: Utility Undergrounding Master Plan #: 99074.17 DATE: 06/06/17
DEPT PTASKB DESCRIPTION EM SM PM PE DE AE PRO PS SST HRS. TOTAL FEE
200 200 185 150 120 100 95 130 115
100 Project Management.Admin,Coordination,QA/QC 20 24 24 68 $10,720
200 Kickoff Meeting 8 Project Progress Meetings(up to 5 assumed) 16 12 20 48 $6,660
300 Prepare Utility Undergounding Master Plan
301 Data Research,GIS Mapping and Site Reviews
301/1 Obtain 8 review existing project data,records and mapping 1 8 16 24 49 $5 705
301 /2 Conduct Utility Research 1 8 16 24 49 $5 705
301/3 Field Review/Field Data Collection 64 2 8 40 40 144 160 458 $60.290
(via GPS Survey and subsequent field check)
301/4 Assemble 8 Update the GIS geodatabase 4 1 16 80 160 260 $28,740
i
302 Identify 8 Prioritize locations(Rule 20 eligible) 16 64 20 100 $14.460
I
303 Outline of Potential Boundaries(ineligible for Rule 20A) 40 20 40 40 10 150 $20.150
304 Research and Analysis for Funding Mechanisms 36 8 44 $7,420
305 Calculations 8 Refined Cost Estimates 2 8 24 32 66 $7,650
306 Mainline Construction Estimates 2 8 24 32 66 $7,650
307 Streamline City's Assessment District Formation 36 8 44 $7 420
308 Metric to measure City's annual investment and progress 20 16 32 8 76 $10,700
309 Draft Utility Undergrounding Master Plan Report
309/1 Draft Report Preparation 24 64 20 108 $16,440
309/2 Address City's comments and Prepare Final Report 8 24 16 48 $7,000
310 Presentation to City Council/Palm Desert Utility Undergrounding 64 8 16 32 120 $18.000
Ad Hoc Committee Coordination
0 $0
0 $0
TOTALS 20 64 296 264 324 352 130 144 160 1754
Sub-Total= $234,710
Reimbursables= $15,256
GRAND TOTAL HOURLY NOT TO EXCEED FEE= $249,966
Page 2
PENCOENG
Client Success is Our Success
FEE SCHEDULE
Effective January 1,2017 through December 31,2017
PERSONNEL HOURLY RATE
Engineering Manager $200.00
Survey Manager $200.00
Project Manager $ 185.00
Project Engineer $ 150.00
Design Engineer $ 120.00
Associate Engineer $ 100.00
Processor $ 95.00
Project Surveyor $ 130.00
Senior Survey Technician $ 115.00
REIMBURSABLE COSTS
Reproductions;deliveries;travel;meals and lodging;facsimiles;models,renderings and photos;Mylars;and CDs,
are reimbursable costs and will be billed at cost plus 15%
Mileage shall be billed at the current IRS standard mileage rate
Page 3