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HomeMy WebLinkAboutR23390A-B Project Management for 20 Acre Site - Stantec PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: RATIFY AWARD OF CONTRACT NO. R23390A, IN AN AMOUNT NOT- TO-EXCEED $21,200, WITH STANTEC CONSULTING, INC. FOR PROJECT MANAGEMENT SERVICES FOR THE 20-ACRE SITE AUTHORIZE AWARD OF CONTRACT NO R-_________ TO STANTEC CONSULTING, INC. FOR PROJECT MANAGEMENT SERVICES FOR THE 20-ACRE SITE HOUSING DEVELOPMENT SUBMITTED BY: CATHERINE WALKER, SENIOR MANAGEMENT ANALYST CONTRACTOR: STANTEC CONSULTING, INC. 73-733 FRED WARING DRIVE, STE. 100 PALM DESERT, CA 92260 DATE: DECEMBER 8, 2005 CONTENTS: CONTRACT NO. R23390A CONTRACT NO. R23390B ________________________________________________________________ Recommendation: By Minute Motion, that the Agency Board: 1. Ratify award of Contract No. R23390A to Stantec Consulting, Inc. for professional services in an amount not-to-exceed $21,200 for project management services at the 20-acre site (Falcon Crest and the La Rocca Villas) housing development; 2. Authorize award of professional services Contract No. R-23390B to Stantec Consulting, Inc. for professional services in an amount not-to- exceed $126,000, plus $1,500 in reimbursables for project management services at the 20-acre site (Falcon Crest and the La Rocca Villas) housing development; and 3. Authorize Chairman to execute said contract. Funds are available in Account No. 870-4692-466-4001. Staff Report Ratification of Contract R23390A (Stantec, Inc.) and Approve Contract No. R23390B (Stantec, Inc.) for Project Management Services – 20-Acre Affordable Housing Project Page 2 of 3 December 8, 2005 Executive Summary: By approval of the staff recommendation, the Agency Board will authorize the professional services necessary to manage the infrastructure and construction of both the single-family units and the senior villas. Fee represents .6% of the overall $25 million 20-acre site budget. Discussion: The 20-acre site development encompasses the 93-single family units (Falcon Crest) and the 24 senior villas (La Rocca Villas), which sit adjacent to the Hovley Garden Apartments. The 20-acre development is in the final stages of the permitting process with rough grading almost complete. Vertical construction is set to begin in January 2006 for both the single-family and senior units. Staff proposes the use of a professional project management firm to serve alongside the Project Administrator and to minimize the Agency’s potential exposure to claims related to the construction of the project. In order to select a consultant, the Agency evaluated a number of firms that had expressed interest and evaluated them on the following criteria: their current availability, hourly rate, location, and working relationships with the existing civil engineer, sub- contractors, and architects. Harris and Associates, Paragon Partners, LTD., and Stantec Consulting, Inc. were all taken under Agency consideration. Stantec Consulting, Inc., formerly The Keith Companies, was able to provide the necessary project management services in the Agency’s timeframe, rates were competitive, local office, and the project manager has solid working relationships with all parties currently involved in the project. The Agency negotiated an agreement for immediate services to monitor preconstruction activities and the commencement of infrastructure construction. The agreement was then executed by the Executive Director, and was for an amount not-to-exceed $21,200. With vertical construction set to begin in January 2006 and to last approximately 18 months, the Agency wishes to extend Stantec’s project management services for the life of the project in an amount not-to-exceed $126,000. The proposed project management fee represents .6% of the overall $25 million 20-acre site budget. The recommended professional services agreement negotiated with Stantec Consulting, Inc. was based upon provision of: attendance at weekly construction meetings held by ComDyn; review of all delay claims; recommendations regarding pay applications and change orders; review of all construction documents; review of all design documents; attendance at all progress meetings; review and approving schedules, and performing other associated tasks. C:\\Users\\nmartin\\AppData\\Local\\Temp\\14446 (2)_989119\\14446 (2).doc Staff Report Ratification of Contract R23390A (Stantec, Inc.) and Approve Contract No. R23390B (Stantec, Inc.) for Project Management Services – 20-Acre Affordable Housing Project Page 3 of 3 December 8, 2005 Staff recommends ratification of Contract No. R23390A in an amount not-to-exceed $21,200, and approval of Contract No. R23390B in an amount not-to-exceed $126,000, plus $1,500 for reimbursable. Submitted by: Department Head: Catherine Walker Dave Yrigoyen Senior Management Analyst Director of Redevelopment/Housing Approval: Justin McCarthy Paul S. Gibson, Director of Finance ACM Redevelopment Carlos L. Ortega, Executive Director C:\\Users\\nmartin\\AppData\\Local\\Temp\\14446 (2)_989119\\14446 (2).doc CONTRACT NO. R23390B AGREEMENT THIS AGREEMENT, made and entered into this 8th day of December 2005, by and between the PALM DESERT REDEVELOPMENT AGENCY hereinafter referred to as "REDEVELOPMENT AGENCY" and STANTEC CONSULTING, INC, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, CONSULTANT is a corporation, the principal members of which are Professional Consultants duly registered under the laws of the State of California; and WHEREAS, REDEVELOPMENT AGENCY desires to engage CONSULTANT to render certain technical and professional consulting services as set forth in Exhibit "A" (Consultant's Proposal of Services) in connection with 20-acre site housing development. NOW, THEREFORE, the parties hereto agree as follows: (1) REDEVELOPMENT AGENCY hereby agrees to engage CONSULTANT to perform the technical and/or professional services as hereinafter set forth. (2) CONSULTANT shall perform all work necessary within the schedules provided herein to complete the services set forth in Exhibit "A" attached hereto and by reference incorporated herein and made a part hereof. (3) All information, data, reports and records and maps as are existing and available from the REDEVELOPMENT AGENCY and necessary for the carrying out of the work outlined in Exhibit "A" hereof shall be furnished to CONSULTANT Page 1 Agreement for Stantec Consulmg Inc - sd CONTRACT NO. R2339 B without charge by REDEVELOPMENT AGENCY and REDEVELOPMENT AGENCY shall cooperate in every way reasonable in the carrying out of the work without delay. (4) CONSULTANT represents that, it employs or will employ at its own expense, all personnel required in performing the services under this Agreement. (5) All of the services required hereunder will be performed by CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under state and local law to perform such services. (6) The CONSULTANT shall work closely with the REDEVELOPMENT AGENCY's Owner Representative, who shall be the principal officer of the REDEVELOPMENT AGENCY. The CONSULTANT shall review and receive the Executive Director approval of the details of work as it progresses. (8) The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, REDEVELOPMENT AGENCY shall have the right to annul this Agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Page 2 Agreement for Stantec Consulting Inc - A CONTRACT NO. R23390B (9) The right is reserved by the REDEVELOPMENT AGENCY to terminate the Agreement at any time upon seven (7) days written notice, in the event the project is to be abandoned or indefinitely postponed, or in the event the CONSULTANT's services, in the sole judgment of REDEVELOPMENT AGENCY, are unsatisfactory or because of the CONSULTANT's failure to prosecute the work with diligence or within the time limits specified or because of his disability or death. In any such case, the CONSULTANT shall be paid the reasonable value of the services rendered, based upon CONSULTANT's standard hourly rates, up to the time of the termination. The CONSULTANT shall keep adequate records to substantiate costs and provide copies of original timecards in the event of termination or suspension. (10) All documents including tracings, drawings, estimates, reports, investigations and computations shall be delivered to and become the property of the REDEVELOPMENT AGENCY. REDEVELOPMENT AGENCY acknowledges and agrees that all plans, specifications, reports and other design documents prepared by CONSULTANT pursuant to this agreement shall be used exclusively on this project and shall not be used for any other work without the written consent of CONSULTANT. In the event REDEVELOPMENT AGENCY and CONSULTANT permit the re -use or other use of the plans, specifications, reports or other design documents, REDEVELOPMENT AGENCY shall require the party using them to indemnify and hold harmless REDEVELOPMENT AGENCY and CONSULTANT regarding such re -use or other use, and REDEVELOPMENT AGENCY shall require the party using them to eliminate any and all references to CONSULTANT from the plans, specifications, reports and other design documents. Page 3 Agreement for Stantec Consulting Inc sd CONTRACT NO. R23390B (11) The CONSULTANT shall comply with all federal, state and local laws, ordinances and regulations applicable to work. (12) No change in the character or extent of the work to be performed by the CONSULTANT shall be made except by supplemental authority in writing between REDEVELOPMENT AGENCY and the CONSULTANT. The supplemental authority shall set forth the changes of work, extension of time and adjustment of the fee to be paid by REDEVELOPMENT AGENCY to the CONSULTANT, if any. (13) In connection with the execution of this Agreement, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The CONSULTANT shall take affirmative actions to insure equal employment opportunity and that employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such actions shall include, 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. This clause shall be included in each related subcontract, if any, awarded by the CONSULTANT. (14) The REDEVELOPMENT AGENCY agrees to pay the CONSULTANT for the work required by this Agreement on the following basis: CONSULTANT shall submit invoices monthly for services performed in the previous month not to exceed the total contract amount of: One Hundred Twentv- Six Thousand and No/100 Dollars ($126,000.00), plus One Thousand Five Hundred and NO/100 Dollars ($1,500.00) for reirnbursables. REDEVELOPMENT AGENCY Page 4 Agreement for Stantec Consulting Inc so CONTRACT NO. R23390B agrees to pay all undisputed invoices within thirty (30) days of receipt of invoice. REDEVELOPMENT AGENCY agrees to notify CONSULTANT of disputed invoices within fifteen (15) days of receipt of said invoice. (15) The CONSULTANT agrees to provide project management services in conjunction with the 20-acre site housing development as outlined in Exhibit "A". (16) In the event that any judgment is entered in any action upon this Agreement, the party hereto against whom such judgment is rendered agrees to pay the other party an amount equal to the reasonable value of the legal services performed in his or its behalf in such action and that such amount may be added to and made a part of such judgment. (17) This Agreement shall be binding on the successors and assigns of the parties, but it shall not be assigned by the CONSULTANT without written consent of the REDEVELOPMENT AGENCY. (18) The CONSULTANT shall be an independent contractor, not an employee of the REDEVELOPMENT AGENCY. (19) Prohibited interests are as follows: No officer, member or employee of the REDEVELOPMENT AGENCY during his tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The parties hereto covenant and agree that to their knowledge no member of the Redevelopment Agency Board, officer or employee of the REDEVELOPMENT AGENCY has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, or in business of the contracting party other than the REDEVELOPMENT AGENCY, and that if any such interest comes Page 5 Agreement for Stantec Consulting Inc - sd CONTRACT NO. R23390B to the knowledge of either party at any time a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under applicable laws. The CONSULTANT hereby covenants that he has, at the time of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work no person having any such interest shall be employed by the CONSULTANT. (20) The CONSULTANT shall indemnify and save harmless the REDEVELOPMENT AGENCY, its officers and employees from and against any liability, loss, cost or expense resulting from any injury or damage to persons or property caused by the negligent acts or omission of the CONSULTANT, its agents or employees, while engaged in the performance of this Agreement. (21) In case of conflicts within the contract documents, the document precedence shall be as follows: (a) This Agreement; (b) Exhibit "A" (Consultant's Proposal of Services, and any written modifications thereto); (c) Exhibit "B" (Consultant's Fee Proposal, and any written modifications thereto). Page 6 Agreement for Stantec Consulling Inc sd CONTRACT NO. R23390B IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. PALM DESERT REDEVELOPMENT AGENCY Buford A. Crites, Chairman ATTEST: Rachelle D. Klassen, Agency Secretary APPROVED AS TO FORM: Dave Erwin, City Attorney STANTEC CONSULTING, INC. (Signature to be notiarized) Page 7 Agreement for Stantec Consulting Inc sci CONTRACT NO. R23390B EXHIBIT "A" CONSULTANT'S PROPOSAL OF SERVICES Page 8 Agreement for Stantec Consuiting fnc, - so November 29, 2005 Ms. Catherine Walker, Senior Management Analyst Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, CA 92260 via fax 760-341-6372 RE: Construction Management Services for Falcon Crest Project Dear Ms. Walker Stantec Consulting Inc. will extend the existing Scope of Work and Fee Schedule for Construction Management Services to the Palm Desert Redevelopment Agency for the Falcon Crest Project. Stantec forecasts that it will apply 64(sixty four) hours per month at the current fee of $7,000 per month. The total Fee Proposal for the proposed extension of services will be a not to exceed amount of $126,000.( One hundred twenty six thousand dollars.) subject to all terms and conditions of the existing Agreement. Regards, Stantec Consulting Jim Janosik Construction Manager cc: Dan Ruiz, P.E., Eric Cowle, Stantec CONTRACT NO. R23390B EXHIBIT "B" CONSULTANT'S FEE PROPOSAL Page 9 Agreement for Stantec Consulting Inc sd 12/01/2005 16:08 FAX 760 346 9368 TKC Pals Desert I?I001 Transmiftal Stantec Consulting Inc. 73733 Fred Waring Drive Suite 100 Palm Desert CA 92260-2590 Tel: (760) 346-gM4 Fax- (760) 346-9368 To: Catherine Walker Company: City of Palm Desert RDA Address; 73-510 Fred Waring Drive Palm Desert, CA 92260 Fax: 760-341-6372 Date'. December 1, 2005 Project#i P2016902005114 Delivery: Fax & Regular Mail Reference; Now Contract Documents From: Chelle Trexler 0 For Your Information X For Your Approval El For Your Review 0 As Requested Pages: Via Fax — 9 (including this sheet) Via Mail — 17 (including this sheet) Enclosed via tax is a Contract for your execution. Please sign the contract and fax it back to me as soon as possible. When you receive the two originals by overnight, please sign both contracts and mail them both back to me in the enclosed seff-addressed envelope. Once the contract has been signed by our Managing Principal, I will mail you a fully - executed original contract. If you have any questions or concerns, please do not hesitate to contact me. STANTEC CONSULTING INC. Chelle Trexler Contracts Administrator Tel: 760-346-9844 Fax; 760-346-9368 ctrexierCstantec.com Attachment New Contract Documents 12/01/2005 16:08 FAX 760 346 9368 TKC Palm Desert Q002 AGREEMENT FOR PROFESSIONAL SERVICES Agreement entered into at: Palm. Desert, California ork 12/01/05 by and between; CONSULTANT CLEENT Stantee Consulting Inc. ETIM: City of Palm Desert RDA ADDRESS: 73-733 Fred Waring Dr., Suite 100 ADDRESS: 73-510 Fred Warinz Driye CITY: Pailm Desert CITY: Palm Desert STATE/ZIP: CA 92260 STATFJZIP: CA 92260 CONTACT Angela Dorf — CONTACT: Catherine Walker PHONE: p 760-346-9844 / f 760-346-9368 PHONE: p 760-34&0611 / f 760-341-6372 For project known am ALTA Survey - 42455 Washington Street� Palm Desert ScopeofWork. See attached Proposal letter dated December 1, 2005. See also Table A attached. See additional description of services in Exhibit n/a. Compensation: Client agrees to compensate Consultant as follows: Agreement Amount: $12,50-00 See Exhibit A for additional cost infbrmation- Invoice Basis: Z fixed fee� S12,VO. M Invoiced monthly an a perccritage completion basis. T&M Es6mxted Budget; S Invoiced monthly on a T&M basis vp to the budget amount. T&MNTE:S_ Invoices Not To Exceed IJ�c agreement amount for spcciflod Scope of Work. Month ly on a T&M basis. Percentage of Construction; Invoiced monthly on a perccntage iximpletion basis. -% of estimated Construction Value of$ GENERAL TERMS AND CONDITIONS 1. Getioral Responsibility; a. 7his Agreement contains the entire agreenItnt bctwccn Client and Consultant relating to the pmject and the provision of servkies to the project. Any prior %treements, put, ises. neptiations or representations not expressly set fortb in this Agrecrnent mt or no force or effect. Subsequent modiricstiou to thib Agrceirwit shall be in writing and signed by both Client and Consultunt. h. Thifi Agreement shall be sovcmcd by and constructed in accordance with the laws of the state in which ft services we perfortned. c. The Client and/or Consultant nay terminate this Agrccrnent without penalty upon five (5) day written notice to the other party. Client acknowledges and agrees that Consultant shall be paid for all scrvicca performed and obligations incurred by the Consultant on the Client's behalf as of the effectivi: dam of termination. d. Consultant makes no represcritttionii concerning sitc conditions, and Cunsulunt is not responsible for any liubihty, that may uise out of the making or failure to make site surveys, or subsuftc lem, or gencriaJ tmlirig unless specifically included in writing in this Agregrrent. 2. Responsibility for Documents and Legal Cniinpliance: a. Consuhant makes no warrarity, either CXPTMc;d or implied, aq to its findlingt, reconirna dations, plans, qxxifications, or professional advice except that the services perfmTntd is to Sencrallyacceptod standards oflyractice in effect at the time otpedormarice. h, In providing services under this Agreement. the Consultant *nlT endeavor to perform in a manner consistent with that degree of Care and skill ordinarily exercised by members ofthe same profusion currently practicing under sirnilar circul`113WICCS. CLIVNr-CONSULTANTA MUT"ENT Client Consulta nt FORM J.UUFJL) I J)V.F �.VW PAGE 7#f3 X-1PV01wa1j'-'01690.'00YJ 04 Cov wfPD XDA-AL7A S1~1103W.'-0 I C�M�Id- I I I I 12/01/2005 16:08 FAX 760 346 9368 TKC Palm Desert Q 003 AGREEMENT FOR PROFESSIONAL SERVICES confiDued C. Ill prOvitfing opinions of probable construction costs (cost estimates), it is recognized that neither the Client nor the Consultant bas control ova the costs of labor, equipment or materials. orovet The contractor's methods of determiningpriecs or bidding, Tlw opinion of probable construction costs is based an the Consultant's reasonable professional judgment and experience and dm not constitute a wan-arity, express err implied, that the contractcr's bids or the negotiated price of the work will not vary from the Client's budget or from any opinion of'probable cost preparat) by the Consultant. d. This Agneement is base4 oil the ordinances, policies, procedures, or requi.cme, bi in effect on the date of the Agreement Any additional offict: or fle4d services recluired due to the change of such ordinances, policies. procedures, or requirements nball be paid for by Client as L-40xu Work. v- Client agrees that the plans, drawings or other contrilaW work product am primarily for the use of Client and for the Project described in flit Agracrricrit. quch plims. drawings, Or other work product may not be changed nor used in any other manner by Client without the written authorizatiori Of Consultant. f, All imptirts, drawings, spocification6, computer files, field data, notes and other docuTricilta and instrurriints; prepared loy the Consultant as insvirment, of Service shall remain the property of the ConsilltZnt- The Consultant shall regain all commorl law. statutory and other reserved riglits, including the copyright therelo. it. The Client and Consultant. uVft that any electronic files furnished by either party shall be subject to an acteptince period of seven (7) days dutring which the receiving party agrees to perform appropriate acceptance tests. T"he puny fumishing the CICCUM iC file Shall cormet any discrepancies or criva dcxcted and reported within the acceptance period. Aftcr the acceptunce period, the clectmnic ffles will be &-cnvd as accepted and neither party will have any obligation to correct wrors or maintain clectrunic files. Actions of Others: a. Consultant shall not be lhible for damagc3 resulting firom the actions or inactions of any governmental agencies including. but not limited to, plan processing. b. Client acknowledges that Con6WtmnL is not Taportirible for the performanct: or work by third parties including, but not limited to, ft conlitruction contractor or its subconcrecttyrrs. Terms of Payments. s. Consultant shall Invoice Client monthly on account of Consultant's services Client shall pay Consultant within thirty (30) days of the tirric ofTecript of invoice frorn Consultant on aCCOUnt. b. Clicrit agrccs that the periodic billing from Consultant to Client are correcL. conclusive, and binding an Client unless Client, within fourteen (44) calendar days from the date ofroccipt crfxuch billing, notifies Consultant in writing of*Tlcgcd inaccuracies, discrepancies, or errors in billing. c. Tbc Consultant sWI be reimbursed, exclusive of proftsional fees, the direct reimbursable costs such as blueprinting. plotting, and photo work done in SuppoirL Of the projoect Plus 15%. d. All meetings andfor site visits roqucsted beyond the maxinium number indicated in the Scope of Work shall be billed an 3 *nme and Materials basts as Extrii Work based on the then current fee schedule. c. Client alvces that if Client roquests; sa-vict:6 not specified pursuant to the Scope of Work description within this Agretmenit, Client wild pay for all additional services as Extra Work f. All fees and/or cow associated with or due to any governmental or review agencies arisinC from the service.% are the: sole responsibility of the Client. g. ir Client fails to pay Consultant within thirty (30) idays after invoir—c-q am rendered. Chcnt 4grees Com-ultinit shall have the right to consider such nonpayment a material breach a this, Agreement, and, at the sole Option of the Consullant. upon five (5) days written notice. the duties. obligations. arki responsibilities of Consultant under ibis Agreement may be suspended or tarriiinated. In such even% Client shall promptly pay Consuliant for all fecs, charges, and seMccs provided by Consultant. b. Payment of invoices shall not be subject to imy discounts or set -offs by the Client. unless agreed to in writing by the Consultant. Payment to the Consultant forstruiccs; rendered xnd expenses incurred shall be due and payable regardless ofaily subseqoent suspension or temiination ofthis Agreement by either party. i. if for any reason the Client places the project on hold. the Client shall'tic held TCWgnlriblr f0f Any Cost incurred by the Consultant in the demobilization or the re-sterting of the project. j. In the event Consultarrit's fee schedule changc3 due to any incmased costs resulting firom the gmriting of wage increases recognizing a rise in the coat of living or from benefits required due to labor Agreentents during the life of this Agmernent, a corresponding percentage incresise Shall be applied to all ,ei. ining Agreement budgets and such Pet Schedule shall apply to subsequent Extra Work. Indemnificatiun &ad Liability: a. The Consultant agrees to hold barmics3 and indemnify Client from and against liability #Asing out of the Consultant's nVigent acts, errors, or ornissions. It is specifically understood and agreed the in no cast shall the Consulistrit be required to pay an amount disproportional to his or her culpability, Or Sham of any amount levied to recognize more than actual ceoriornic dwrages. b. 7he Client mid Consultant acknowledge that the Consultant's Scope of Work does not inclvdc any services related to the presence of any hazatirdous or trixictriaterials. In the event the Consultant or any other party cocottriters any hxuTdous or toxic materials, or should it became known to the Ccoisultant ft such materials may be present an or about the jobsite or any adjacent areas that may affect the performance of the Consultant's services, the Consultant may, at its option and without liability for consequential damages.. sus"nd performance of its services uridtr this Agreement until such firm as the Client retains appropriate Consultants orcositroctors to identify and abate orrcirricivethehamrdous or toxic materials end warrants that thcjobsitc is in full compliance with all applicable laws and rcitulationL c. 71hc Client agrees. notwithstanding any otherprovision ofthis Agreement, to the extent permitted bylaw. to iridemnif� and hold barmle" the Consultant its officers. paTtriers, employces, stockholders, and Consultants (collectively Consuftint) firtim and iigainst any and all claims, suits. demarws, liability, lossm damages or costs, including reasonable attorney's fees and defense costs &rising out of or in any way connected with amy acts Or errors ofClient or any other party not working under the direction ofConsultitnt; or the detection. presence, handling, removal, abatement, or disposal ofany asbestos or hazardous or toxic substances, products or materials that exist on, ubout or adjacent to the project site, whether liability ariscs under breach ofAgreemcni: or warranty, tort, including negligence, strict liabrility or statutory liability or in any cause ofirction. except, for the sole negligence or willful misconduct ofthe Consultant. Limitation of Liability: If Cortsultant's foe is equal Or IM. than S230,000, Clicin; �4rcby agrees to limit Consultant's total prcifi:ssional liability for the projectto the sum ofS30,000 orConsultanes fee, whichever is greater. If Consultant's fee is greater than $250.000. Client hereby agrees to limit Consultant's too] profmsional liability for the pnqiect to the sum ofSZ30,000- CLIENT-CONSULTANTAGNE&WENT Client rRaultant 110AW ISSUED I I/UJTW) PAGE 2of 3 12/01/2005 16:09 FAX 760 346 9368 TKC Pals Desert [a 004 AGREEMENT FOR PROFESSIONAL SERVICES continued 7. Insurance: a. During the L" of this Agreement. Con5uJb=1 shall obtain and maintain in full force, at its own expose, the follorwing insurance coverage in not less than the foliowing arnounts: i. Worker's Compensation irusumcc relative to all Pcrswncl CnSRW in perfon-ning services pursuant to thi% Agreement. v4ti coverage not Icss dian that requ iTc4 by applicab le law. ii. Comprehensive General Liability to protect Consultant apinst the liability io mderranify Client as ammed by Paragraph 5A of this AWccmcnt in the amount of $1,000,000w occurre, cc'. Ill. Professional Errors and Omissions insurance in the arnount of$1,000,000 per clairn/S2,000,000 annual aampic b. Certificates of subject insurance will be made available to Clicni upon request. c. Each inntranm policy (and centficams thereof) obtained by Consultant pursuant to this Aj;recmcnl shall conarn a clause that the insurer will provi6c Client with it least 30 days prior written notice of any cancellation of the policy, except rot cancellation due to nonpayment of presnium for which 10 days notice will be given. 8. Legal Feesi to the event the Client institutex a suit spinst Consultant, either directly by c"laint or by vejy of ams-complaint. including a crow complaint for indermity, for alleged negligence, em-, omission, or other failure to perform. and if Client fails to obtain ajudgernot irk The Client's favor, the lawsuit is dismissed, arifjudg-, Lis reodered in favor of Consultant. Client ar= to pay Consultant all coo of deftnse� including attorney's fees, expert witness feni. court com, and any and all other mcpenscs of defense. Client agrees such pAyrnents shall be made i ..... ititely following disTriggal of the case or upon entry of j udgernent. 9. Assignment; Neither Client nor Consultant shall assign this Agreernent without the prior written corw&nt oftbc other. 10. Sevembillity: Clortsultant's waiver of any term, condition, or covenant, or breach of any tepm, condition, Or covenant. shall not constilus: ft waiver of any Other term. condition, or covenant, or the breach of zny other territ, cmdition. or covenant if zny tenri, condition, or covenant of this Agreernentis beld by a court of competientjurisdiction to be invalid, void. orurenforcouble, the renaining provisions of this Agreen tshal) be valid and binding an Client and Consultm 11. Bankruptcy: Consultant shall be entitled to irranediately, and without notice, suspend the peforman= of any and idl of its obligations pursuant to this Agreernent if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if them is an involuntary, Bankruptcy petition filed against Client in the United Suits Bankruptcy Court, and that petition is not dismissed within fifteeni (15) days of its filing. Any susperision of services rnade pursuant to the provisions of this paragraph shall continue until such tifne as ibis Ap=mmt has been fully and propviy assumed in accordance wrth the applicable provisions Of the United States 8ankruptcy Code and in oompiiance wit1h the final order orjudgmcnt issued by the Bankruptcy Court 12. Delays! Consultant is not rerpa, sible for delay caused by activities or factors beyond tht Consultant's reasonable control, including but not limited to, delays by reason of strikcs, lockouts. work slowdown4 or stoppages, accident% acts of God. failure of Client to furnish tirricif inflormation or approve or disapproyr; of Consultant's services or work product promptly, faulty performance by Client or other contractors or government agencies. Whensuchdcluys beyond the Consultant's rcasonsb1c control occur. Client agrees Consultant is not responsible ror d2rnages Per shall Consultant be deerned to be in default of this AgmcTmnt. 13. Mediation: In an c5ort to resolve any conflicts that arise during the design and cocurtruction of the Project or fallorwing the cornpleticin of the Project. the Clicnt znd the Consultant agree that all disputes between them arising out of or relating to this Agreement or the Project shall be subtruW to nonbinding mediation. 14. Arbitration, In Ibc, event the parties to t3tis Agreement are unable to reach a s=kn1cnt of any dispute arising out of this Agrearricnt, in accordanoc with Paragraph 13, then 5iuch disputes will be settled by binding arbitratim in accordance with the Niels Ott forth in the Construction Industry Arbitration Rules of the Arnericall Arbitration Association. 15. Non -Solicitation; The Client is cxpms)y prohibited during the term of and for one year following this Agreemut, and will be considered a material breach of this Agreement, to solicit for the purposes; of cmiployrriLm an employee of the Consultant without the prior wrinen consent ofthe Comultant. A.PPROVED AND ACCEPTED BY: Stantec Consulting Inc. City of Palm Desert RDA Consultant CHent Signature Date Signature Date Dan Ruiz, P.E. Printed Name Printed Namt Managing Principal Title Title P2016902005114 Proposal/Contract Number Client Contract Number CLIENT-001V,C1JL TANTA CREEMENT PAGE 3&f 3 $mwbA0J-1Z-0J Cowroculoc 12/01/2005 16:09 FAX 760 346 9368 TKC Palat Desert Z005 - Coughing ML 73733 W Waring Drive Suke 1 DO PlIM DWrt CA 922W2590 Tel: (760) 3*9W Fu. (M) 346-93W sbmftcxorn December 1, 2005 Ms. Catherine Walker Senior Management Analyst City of Palm Desert Redevelopment Agency 73- 5 10 Fred Waring Drive Z5 Pahn Desert, CA 92260 RE: ALTA Survey— 42455 Washington Street, Palm Desert Dear Catherine: St2RteC Consulting — Palm Desert Division is pleased to submit this proposal for Professional Land Surveying services for the above referenced project located in ft City of Palm Desert. This proposal is based on your telepbone conversation with our office and our familiarity with this site. The following is respectfully submitted for your review and approval: SCOPE OF SERVICES 1. Perform a boundary of the project site in conformance with the Professional Land Surveyors Act (PLS Act) of the Business and Professiow Code of the State to California, Stantec will commence with survey upon receipt of a current title report and all Schedule A and B documents. 2. Prepare a plat of the survey with the minimum detail requirements as set forth and adopted byA.LTA and NSPS in 2005, and include numbers 2, 3,4,6,7(a), 8,9, 10, I I (a) and 13 of Table "A" th ereof. Said mapping will show al I visible, above ground improvements only. Stantec will use it's standard certification statement and the Table "A" items listed above. If the client's lender requires anything other that the above, Stantee will process a contract addendum accordingly. X:�Anrdm� D%05-12-01 RDA ALTA Fropusm.dot; Page I of 2 12/01/2005 16:09 FAX 760 346 9368 TKC Palma Desert Z006 3. Staritec will field verify existing improvements and/or structures within the project boundary and label/dimension those witWn 5' of the property line. ASSUMPTIONS AND EXCEPTIONS This list is not intended to be all-inclusive. If there are items that are deemed inoorTect or we necessary for the successful completion of this project, please notify this office so that we may amend this proposal. 1. Stantec excludes the preparation of a Record of survey due to discrepancies found in the underlying niap of record or any other discrepancies that may require a Record of Survey as stated *in the PLS Act SectioD 8762 thereto. COMPENSATION For the services described above, our fixed fee is S 12,5 00. The above fee does not include multiple replots of the survey due to amendments to the preliminary title report. In the event that replotting and distribution of the survey is required as a result of client initiated changes or title report amendments, Stantec will prepare and process a contract addendum for client execution. We will commence work immediately upon receipt of the executed contract, a prelimhary title report and supporting documents. We axiticipate having a completed ALTA survey within 30 business days. if you have any questions regarding this proposal, please contact the undersigned at (760) 346-9844. This proposal will be valid for 90 days. Once again we appreciate this opportunity to be of service and look forward to beingr part of yourtearn, Sincerely, Stantec Consulting Angela E. Dorf, PLS Mapping Manager XAAnc1*_Dk0S- L 2-01 RDA ALTA ProposiLdue Paut I of 2 12/01/2005 16:09 FAX 760 346 9368 TKC Palm Desert lih 007 TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIRCA77ONS NOTE. The items of TWO A must be nagogattio'betwom the surveyor and dient Itmaybenecessmyfewthe surveyor to quality or wpand upon the desonpbon of these items, eg., in rowvnc* to Item 6, them may be a need for an interpretation of a regfrictiolL The surveyor cannot make a cooWfication on the basis of an intsi,pretatfori or opugen of another paily. Items 16, 17 and It are c* for use onprojects florthe U.& Department of Housing and Urban Devsk4iment (HUD). Ar ct;ecks4 the Wowing optional Items are to be included In 09 ALTAIACSM LAND TTME SURVEY, eitcapt as odi,arwi"nagicuated: 1. Aftnumants placed (or a reference monumont at witims to the comer) at all mejor comers of the boundary of the property, unless almady mark&d or niferanced by an e)dsifng monument or witness 10 &is comer 2 Wanitymap showing the praperlysutwodki reference to nearby tWhwWs) orn*ofsMl eersection(s). 3. Flood zone dasignaWn (with proper annotation based on 4L-dwW Flood Insurance Rate Maps or On state or local aquivalant. by scaled map location and graphic Plotting OrdY.) 4. Gross land area (and other arms if specifted by the ofient). 5. Contours and the datum of ft elevations. 6. List setback. heighi, and floo(space area rest6chons disclosed by applicable zoning or building codes (beyond those required under paragraph 5d of there standards) - if none. so state. The source of such infon"ation must be disdosed. See 'Note"above. 7. (a) E)itedor dimensions of 0 buildings at ground level (b) Square footage ot (1) exterior foo(print of W buildings at ground level (2) gross floor am of all buidings; or (3) other areas to be dellned by #m ofient (c) Measured height of all b0dings above grade at a defined k)caoon. If no defined location is provide4 the point of measurement alien be shown. a. X Substantial. visible improvements (in addloon to buildings) such as billboards, signs, Parkrig structures, swimming pools. Ott 9. Parking areas and� If strW. the striping and the type (e.g. handicapped, motorcycie, regular, etc.) end numb6i'Cit'partrog spaces. 70. Indication of access to a public way on land such as curb cuts and diyvaways, and to and Irc. ,I,. adjoining the su"yed tract such as boat slips, launches, pim and docks.. 11� Location of utdNes (raAmentat" examples of which am shown bellonl existing on or serving the surveyed pmpe* as daterminad by: (a) C)Wervvd evidence (b) Observed evidence together with evidence (mm plans obtained from Why companies orprovided by client. and markings by utilfty companies and other appropriate sources (with reference es to the scums of Information) railroad trucks and sidings: manholes, catch basins. valve vaLilts or other surface indications of subleffmaen uses. wims and cables (including their function, if madfly jdantirsable) crossing the surveyed premises, #9 poles an or within fen fast of the surveyed prem(Ses, and the dTinerislons of off arzissmembers or overhangs affecting the surveyed premises: and utility company installations on the surveyed promises. 12. Governmental Agency survey-mialed requirements as specified by the ciont 12/01/2005 16:09 FAX 780 346 9368 TKC Palm Desert a 008 11. Names of &*10ing owners of platted lands. 14. The d(stance to the naerest intersecting Oreet as designated by the dient Rectffled ofthophob9faphy, phologivmvVic msppffiq� loser scanning and o0er swWvr products, fools or technologies may be UtIlIzzod as the basis for the location of certain ftfures (oxciudft boundetf") wham ground measuretwnts " nDt otherwise nacmay to locate thost famns to an appropriate and acceptable accuracy relatnoe to a marby boundary. The surveyor shag (a) discuss the ramificaMons of such meftolologive (a. g. the potential accuracy and campAotarwss of the dots gathered therebyl with the title company, tender and ckent prior to the PWWMance of the swvvy and, (b) place a note on the fvce of the sLHvay explaining the source, date, ralebw accuracy and other falevant quaUficv6on3 of uny such date. Observable evAMnce of earth moving work. building constnichon or buiding ailditions w#tWn recent months. Iz - Anydwngesin street nghtofw&yikws 9Nwrcorr;*tedurprqpo"d, andavadable from the controlling jurisdiction. Oboetv2bloovi&f?mofmcentaVWoeskW4Wkconsmxtionormpours. la. — Observable evid'Oncp of site use &s a solid waste dump, 3ump or sanitary landfig. 19. 5 12/01/2005 16:09 FAX 760 346 9368 TKC Palm Desert 6--�' k 1� 1�10 i � FAR 11009 2006 Fee Schedule Table 3 Entry-level position 1 $39 a Works under the supervision of a senior professional 2 $45 e Pjamt graduate from an appropriate post-&amndary program or equivalent 9 Generally, ie Own four years experience Junior4evel position 3 $51 a Independently carries out assignments of limited scope using standard procedures. maitiods land twhnkW 4 $57 e Assists senior stiff in camyring nut more advanced procedures 5 $63 * Comosted work is reviewed for Ilmibility and souindnm of judgment v Graduate from an appropriate post-samdery program or equivalent a Generally, four years work experience Fully quWified professional position 5 $69 - Carries out assignments requiring gonval familiarity within a broad leld of the respactiva pmfession 7 $74 e Makes decisions by using a combinaticn of standard methods and techn%que5 8 $81 s Activa� participates in planning to ensure tie achievement of objectives v Works indepwdenfly to interpret Information and resolve d0cuft a Graduate from an appropriate post-secondery proppm, with credentials or equivallent a Generally. six ym expenienoe Frst level supervisor or first complete level of spedahation 9 $91 a ProMdes applied professional knowledge and initiative in planning and coordinating work programs 10 $101 a Adapts establahad guidelines as necessary to address unusLud issLes 11 $110 a Decisions accepted as technically accurate. however may on occasion be reviewed for soundness of judgment 0 Graduate from an appropnute pos�secDnclxry program. with credentials or equivalent a Generally, nine years experience Highly-spackafted technical professional or supervisor of groups of prollossionals 12 $122 9 Provides mullid'iscipline knowledge to deliver innovative solutions in relaled fielclof expertise 13 $133 a Partimpates in short and long range planning to amure tM achievement of objectives 14 $144 * Makes responsible decisions on all matters, including policy recommendations, work meftxxis, and financial oorrtrols associated *ith large expwdituras a Reviews and RV21uates technical work - Graduate from an appropriate poGt-sawndary program. with cradenli" or equivalent a Cwwaliyo tan years experience with extensive, brc� expeeff= Senior level consuftant or mnagement function 15 $164 , RmNnized as an authority in a specific field with qualifications; of significant value 16 S168 - Provides mulddisc!pUne kraMedge to deliver innovative solutions in rdelled field of expertise `17 $182 * IndoWderAly conceives programs and probilems for investiglartion e Participates in discussions to ensure the achimmant of program ardor project o4ectives a Makes responsible decisions an expenditures, including large sums or implementation of major programs and/or project a Gnsduate from in appropriate post -secondary program, with credentials or equivalent a Generally, ftfWen years experience with extensive professional and maniagement experience Senior Well managarnent position under review by Vice President or higher 18 $207 9 Recognized as an authority in a specific field wi$ qualifications of significant value is $233 e Responsibie for long range planning within a specific area of practice or region a Makes decLsions which are far reaching and limited only by objectives and policies of the organization w Plans/approves projects requiring significant human resources or capital invastment a Graduate from an appropriate post-seconclary program, with credentials or equivalent a GaneranX, fifteen years experience with extensive profemional and mansoament experioce $175 1 -Person Grew Survey Crerm $200 2-Per3on Crew S235 3-Per3on Cmw O:vjju.Qj~v,A—IYEE SCKFJD'JLF-FIf1—t%P'3 1(M Tfible SAOC