HomeMy WebLinkAboutSR - R25070 - Design Services - La Spiga Restaurant @ Entrada Del PaseoWt
PALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: APPROVAL OF CONTRACT NO. R25070 WITH MRC ENGINEERING
(PALM DESERT) IN A FIXED FEE AMOUNT OF $4,800 PLUS $500
FOR REIMBURSABLES FOR ENGINEERING AND ELECTRICAL
DESIGN SERVICES OF THE SITE SURROUNDING THE LA SPIGA
RESTAURANT AT ENTRADA DEL PASEO
SUBMITTED BY: MISSY WIGHTMAN, PROJECT COORDINATOR
CONTRACTOR: MRC ENGINEERING, INC.
72-880 FRED WARING DRIVE SUITE C-11
PALM DESERT, CA 92260
DATE: APRIL 13, 2006
CONTENTS: CONTRACT NO. R 25070
Recommendation:
By Minute Motion, that the Agency Board:
Approve Contract No. R- 25070 in the fixed fee amount of $4,800 plus $500
for reimbursables for professional services to MRC Engineering, Inc. of Palm
Desert, California, for design of the electrical engineering at the subject parcel at
Entrada del Paseo;
2. Authorize the Finance Director to set aside the amount of $480.00 as 10%
contingency (use of contingency requires additional action); and
3. Authorize Chairman to execute said agreement.
Funds are available in Account No. 850-4358-433-4001.
Executive Summary:
By approval of the staff recommendation, the Agency Board will authorize the professional
design services necessary to develop the electrical site work and infrastructure surrounding the
La Spiga building pad at Entrada del Paseo as is required under the terms of the Disposition
and Development Agreement with the restaurant developer.
Discussion:
The Redevelopment Agency has served as the master developer on the twelve (12) acre site
known as Entrada del Paseo. To date approximately half of the site has been developed, and
design is nearly complete for the Henderson Community Building and several acres of
Staff Report
Approval of Contract R- 25070 to MRC Engineering, Inc. — Entrada del Paseo
Page 2 of 2
April 13, 2006
landscaping, which will leave less than three acres undeveloped. The Agency Board has
approved a DDA with a party who will develop and operate a fine dining restaurant in the "back"
corner of the property, near the intersection of Painters' Path and the Palm Valley Storm
Channel. The development agreement for the restaurant was approved on March 9, 2006.
In order to prepare the site for development of the restaurant, certain electrical improvements
will be required. These improvements include supplying power to the La Spiga parcel
boundary, site lighting, parking lot lighting, and landscape lighting. Agency staff proposes to
design these improvements now, so that they can be coordinated with the work planned for the
restaurant La Spiga.
Several engineering firms were considered for the proposed design and survey work. One firm
was not selected based on previous experience with the City, and another firm was not selected
because their out-of-town office would have made it more difficult to be responsive to the needs
of this small, but highly collaborative, assignment. MRC Engineering, Inc. has performed well
on other work for the Agency and has competitive hourly rates for services provided. Staff
recommends approval of this agreement so that development of Entrada del Paseo can
proceed.
Submitted by:
444k;2
Missy ftbtfnan
Project Coordinator
mh
Approval:
Ju cCarthy, ACM Rede nt
Carlos L. Ortega, Ex utive Director
Department Head:
`Dave Yrig' We
Director of edevelopment/Housing
Paul S. Gibson, Director of Finance
GARDAWelissa Wightman\Entrada del Paseo Phase 3 Landscaping\Staff Report- Electncal doc
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 13th day of April 2006,
("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY
("Agency") and MRC ENGINEERING, INC. ("Consultant") (sometimes referred to
individually or collectively as "Party" or "Parties").
WITNESSETH
WHEREAS, Agency desires to retain Consultant as an independent contractor to
perform certain technical and professional consulting services in connection with the
Entrada del Paseo Phase Three (3) Landscapinq project, subject to the terms and
conditions specified below, in the documents attached and incorporated herein, and
applicable federal, state and local law.
NOW, THEREFORE, in consideration of performance by the Parties of the
mutual promises, covenants, and conditions herein contained, the Parties hereto agree
as follows:
1. Consultant's Services.
1.1 Nature of Services. Consultant shall provide professional and
technical services on a non-exclusive basis, as more particularly described in Section 3,
below, and in Exhibit A, Scope of Services.
1.2 Personnel. Consultant represents that it has, or will secure at its
own expense, all personnel required to perform the services under this Agreement. All
of the services required under this Agreement 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.
1.3 Standard of Performance. Consultant shall perform all services
under this Agreement in accordance with the standard of care generally exercised by
like professionals under similar circumstances and in a manner reasonably satisfactory
to Agency.
1.4 Consultant Representative. For the purposes of this Agreement,
the registered architect, engineer, or landscape architect who will serve as the
Consultant Representative shall be Ralph Rava ("Consultant Representative").
1.5 Time of Commencement. The execution of this Agreement by the
Parties does not constitute an authorization to proceed. A separate written Notice to
Proceed shall be issued by the Agency Representative, and Consultant shall not
commence work until receipt of such written Notice(s) to Proceed, as further set forth in
Sections 2 and 3, below.
1.6 Time of Performance/Time is of the Essence. Consultant shall
commence the services contemplated under this Agreement immediately upon receipt
of a written Notice to Proceed from the Agency, and shall prosecute to completion each
task listed in Section 3 in a timely and diligent manner thirtv (30) calendar days of
receipt of a Notice to Proceed, or in accordance with the schedule appended to this
agreement as Exhibit B.
2. Services by Agency:
2.1 Agencv Representative. For the purposes of this Agreement, the
Agency Representative shall be Missv Wiahtman, or such other person designated by
the Agency's Executive Director ("Agency Representative").
2.2 Provision of Data. All information, data, reports and records and
maps as are existing and available from the Agency and necessary for the carryings out
of the work outlined in Exhibit "A" hereof shall be furnished to Consultant without charge
by Agency, and Agency shall cooperate in every way reasonable in the carrying out of
the work without delay.
2.3 Proiect Budget. The Agency shall provide a budget for the project
that shall include contingencies for bidding, changes during construction, and other
costs which are the responsibility of the Agency.
2.4 Tests and Inspection. The Agency shall furnish structural,
mechanical, chemical, and other laboratory tests, inspections, and reports as required
by law or the contract documents, provided however that the Consultant shall advise the
Agency in advance of the necessity of such tests and inspections, and shall coordinate
and cooperate with the testing and inspection agencies, if any, at no additional cost to
the Agency.
3. Consultant's Scope of Work. Upon delivery by Agency to Consultant of
a written Notice to Proceed, Consultant shall immediately commence work pursuant to
this Agreement. Consultant's scope of work shall consist of the services in Exhibit A
appended to this Agreement.
3.1 Reporting & Record Keepinq. To assist Agency in the performance
of its planning, reporting, and financial administration obligations, Consultant shall,
throughout the term of this Agreement, keep Agency reasonably informed of progress
on work required under this Agreement, and of any problems or delays, anticipated or
otherwise, associated with each aspect of the work. Consultant shall promptly respond
to any request by Agency for information, progress reports, or documentation.
Consultant shall maintain accurate records of all work performed for each Assignment
under this Agreement, including but not limited to originals or copies, as applicable, of
all deliverable documents described in Exhibit A. Upon the completion of work, and if
requested by the Agency, Consultant shall deliver to Agency the originals of all
renderings, models, or documentation produced, and may retain copies of such
documentation, at Consultant's election.
3.2 Compliance with Laws. Consultant shall at all times possess any
and all licenses and permits necessary to provide the services herein, and shall comply
with applicable federal, state and local laws, ordinances, codes and regulations in the
performance of this Agreement, and with all applicable with any applicable City of Palm
Desert policies and guidelines.
a
3.3 Confidentiality. Except as otherwise permitted or required by law,
Consultant shall maintain as confidential and shall not disclose any and/or all
information received in the course of performing pursuant to this Agreement.
Consultant shall promptly inform the Agency in the event Consultant receives a
subpoena or court order requiring disclosure of confidential information.
4. Not Used
5. Compensation. Agency shall pay Consultant for the Services provided
under this Agreement on the following basis.
5.1 Fixed Fee: Agency shall pay to Consultant a total amount not to
exceed $4,800.00 for the basic services described in Exhibit A. Payment shall be
made on a monthly basis, based upon the fixed fee as defined in Exhibit A,
proportionate to the work completed on the project during the previous calendar month.
The fixed fee shall not be exceeded without written agreement between the parties.
5.2 Additional Services: Additional services beyond those described in
Exhibit A shall be reimbursed on a time -spent basis at the hourly rates described in
Exhibit A. Agency shall not be obligated to compensate Consultant for additional
services performed without advance authorization from the Agency Representative.
5.3 Reimbursable Expenses: Agency shall pay to Consultant actual
costs plus ten percent (10%), subject to the limitation given below, for expenses
incurred on behalf of the project for long distance telephone calls, reproduction, express
delivery and courier services, postage, out-of-town travel if pre -approved in writing by
the Agency Representative, and other expenses directly attributable to the project and
expressly approved by the Agency Representative. Reimbursable expenses, including
Consultant's mark-up, shall not exceed $ 500.00 for this project.
5.4 Extraordinary Expenses/Costs. No claims for additional services,
expenses or costs incurred by Consultant will be allowed unless such additional
services, expenses or costs are authorized by Agency in writing prior to the
performance or incurrence of such services, expenses or costs. Any additional
services, expenses or costs authorized by Agency shall be compensated at rates
mutually agreed upon by the Parties in writing.
6. Method of Payment.
6.1 Invoices. Consultant shall submit to Agency invoices each month
for all services, if any, completed, and all expenses or costs incurred pursuant to this
Agreement during the preceding month. The invoices shall describe the services
rendered during the period and shall show the number of hours worked, the hourly rates
charged, and any milestone achievements. Copies of receipts for expenses or costs
shall be submitted with each invoice. Agency shall review such invoices and notify
Consultant in writing within fifteen (15) calendar days of any disputed amounts.
6.2 Pavment. Agency shall pay all undisputed portions of the invoice
within thirty (30) calendar days after receipt of the invoice up to the maximum amounts
set forth in Section 5.
3
6.3 Audit of Records. At any time during regular working hours, all
records, invoices, time cards, cost control sheets and other records maintained by
Consultant shall be available for review and audit by the Agency.
7. Ownership of Work Product.
7.1 Propertv of Aqencv. All documents including but not limited to
plans, bids, proposals, correspondence, permits, certificates, contracts, change orders,
invoices, receipts, reports, analyses or other written material developed or obtained by
Consultant in the performance of this Agreement, including any and all intellectual
property rights arising therefrom ("Work Product"), shall be and remain the property of
Agency without restriction or limitation upon its use or dissemination by Agency.
Promptly upon the completion of each Assignment, or at any other time upon
reasonable notice to Consultant by Agency, Consultant shall deliver all Work Product to
Agency.
7.2 Re -Use of Work Product. Agency and Consultant agree that all
documents, other than invoices, prepared by Consultant pursuant to this Agreement
shall be used exclusively for the subject project, and shall not be used for any other
work without the mutual agreement of the Parties. Such material shall not be the subject
of a copyright application by Consultant. In the event Consultant permits the re -use or
other use of such Work Product, Agency shall require the party using them to indemnify
and hold harmless Agency and Consultant regarding such re -use or other use, and
Agency shall require the party using them to eliminate any and all references to
Consultant from such Work Product. In the event Agency re -uses such Work Product
on any project other than the project for which they were prepared, such re -use shall be
at the sole risk of Agency unless Agency compensates Consultant for such reuse.
8. Conflict of Interest/Prohibited Conduct and Interests
8.1 Conflict of Interest. Consultant and its officers, employees,
associates and sub consultants, if any, will comply with all conflict of interest statutes of
the State of California applicable to Consultant's services under this Agreement,
including, but not limited to, the Political Reform Act (Government Code Sections
81000, et seq.) and Government Code Section 1090. During the term of this
Agreement, Consultant shall retain the right to perform similar services for other clients,
but Consultant and its officers, employees, associates and sub consultants shall not,
without the prior written approval of the Agency Executive Director, perform work for
another person or entity for whom Consultant is not currently performing work that
would require Consultant or one of its officers, employees, associates or sub
consultants to abstain from a decision under this Agreement pursuant to a conflict of
interest statute.
8.2 No Solicitation. Consultant, on behalf of itself and its officers,
employees, agents and representatives, warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for Consultant,
to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for 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
4
violation of this warranty, Agency shall have the right to terminate this Agreement
without notice or 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.
8.3 No Financial Interest - Agency. No officer, member or employee of
Agency during his or her 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 Agency Board, or officer or employee of
Agency, has any interest, whether contractual, non -contractual, financial or otherwise, in
this Agreement, or the subject matter thereof, nor any business or financial relationship
with Consultant, and that if any such interest comes 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.
8.4 No Financial Interest — Consultant. Consultant hereby covenants,
on behalf of itself, and its officers, employees, agents and representatives, that at the
time of executing this Agreement it has no interest, and that it 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.
Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by Consultant. At no time during the term of
this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on
Consultant's behalf, accept anything of value from any contractor or subcontractor
performing services in connection with the project.
9. Indemnification. Other than in the performance of professional services
and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold
the City, Agency, and City's and Agency's elected officials, officers, employees, agents
and volunteers free and harmless from and against all tort liability, including liability for
claims, suits, actions, expenses or costs of any kind, whether actual, alleged or
threatened, actual attorney's fees, court costs, and expert witness fees incurred by City
or Agency, arising out of or in any way connected with, in whole or in part, the acts or
omissions of Consultant, or any of Consultant's officers, agents, employees or
contractors, in the performance of this Agreement, including but not limited to, claims,
suits and liabilities for bodily injury, death or property damage to any individual or entity,
including employees or officials of Consultant. The provisions of this paragraph shall
not apply to claims arising out of the sole negligence or willful misconduct of City or
Agency, any of City's or Agency's elected officials, officers, employees or agents.
In addition to the foregoing, Consultant shall indemnify, protect, defend and
hold harmless the Agency and the City of Palm Desert, their officials, employees,
agents and representatives from and against any and all losses, liabilities, damages,
costs, and expenses, including attorney's fees and costs to the extent same are caused
in whole or in part by any negligent or wrongful act, error, or omission of the Consultant,
its officers, agents, employees or subConsultants (or any entity or individual that the
Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement.
s
10. Insurance.
Consultant will maintain insurance in conformance with the requirements set forth
below. If Consultant's existing coverage does not meet the requirements set forth here,
it will be amended to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to Agency in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to Agency.
10.1 Workers' Compensation and Employer's Liabilitv.
Consultant shall provide Workers Compensation and Employer's Liability Insurance on
an approved policy form providing benefits as required by law with employer's liability
limits no less that $1,000,000 per accident or disease.
10.2 Professional Liabilitv or Errors and Omissions. Professional
Liability or Errors and Omissions insurance as appropriate shall be written on a policy
form coverage specifically designed to protect against acts, errors or omissions of the
Consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no
less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of
the insured and must contain a provision establishing the insurer's duty to defend. The
policy retroactive date must be on or before the effective date of this agreement.
10.3 Automobile Liability. Consultant shall provide auto liability
coverage with a limit of no less than $1,000,000 per accident. If Consultant owns no
vehicles, this requirement may be met through a non -owned auto endorsement to the
CGL policy.
10.4 Waiver. If the Consultant does not carry Worker's
compensation coverage, or if the Consultant will not operate any vehicles at any time
within the scope of the services in the agreement, provisions for these coverages may
be waived upon review and approval of the Agency's Risk Manager.
11. Status as Independent Contractor. Consultant is, and shall at all times
remain as to Agency, a wholly independent contractor. Consultant shall have no power
to incur any debt, obligation, or liability on behalf of Agency. Neither Agency nor any of
its officials, employees or agents shall have control over the conduct of Consultant or
any of Consultant's employees, except as set forth in this Agreement.
12. Non -Assignability; Subcontracting. Consultant shall not assign or
subcontract all or any portion of this Agreement without the Agency's prior, written
consent. Any attempted or purported assignment or sub -contracting by Consultant shall
be null, void and of no effect.
13. Non -Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental disability, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status,
6
national origin, ancestry, age, physical or mental disability, medical condition, or sexual
orientation. This clause shall be included in any contract prepared or approved by
Consultant in connection with performance of its services under this Agreement.
14. Cooperation. In the event any claim or action is brought against Agency
or City relating to Consultant's performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation, which Agency or
City might require.
15. Termination. The right is reserved by the 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 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.
16. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be given by first class U.S. mail or by personal service. Notices shall
be deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during Consultant's and Agency's regular business hours or by facsimile before
or during Consultant's regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth
in the Agreement, or to such other addresses as the Parties may, from time to time,
designate in writing pursuant to the provisions of this section. All notices shall be
delivered to the Parties at the following addresses:
Agency: Carlos L. Ortega, Executive Director
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
With a copy to: Missy Wightman, Project Coordinator
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
Consultant: MRC Engineering, Inc.
72-880 Fred Waring Drive, Suite C-11
Palm Desert, California 92260
Tel: (760) 340-9005
Fax: (760) 325-3025
17. Non -Waiver of Terms, Rights and Remedies. Waiver by either Party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by Agency of any payment to Consultant constitute or be construed as a
waiver by Agency of any breach of covenant, or any default which may then exist on the
part of Consultant, and the making of any such payment by Agency shall in no way
impair or prejudice any right or remedy available to Agency with regard to such breach
or default.
18. Attorney's Fees. In the event that either Party to this Agreement shall
commence any legal action or proceeding for damages for breach, or to enforce or
interpret the provisions of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover its costs of suit, including reasonable attorney's
fees and experts' costs.
19. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall
prevail.
20. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Consultant and Agency. This Agreement supersedes all prior oral
or written negotiations, representations or agreements. No promise or representation,
whether oral or written, express or implied, that is not set forth herein, shall be binding
or have any force or effect. This Agreement may not be amended, nor any provision
waived, except in a writing signed by the Parties which expressly refers to this
Agreement.
21. Partial Invalidity. In case any provision of this Agreement should be
deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any
respect, the validity, legality or enforceability of the remaining provisions shall not be
affected or impaired thereby.
22. Successors. This Agreement shall bind and inure to the benefit of the
respective heirs, personal representatives, successors and assigns of the parties to this
Agreement.
23. Waivers. No waiver of any breach or default of any term or provision of
this Agreement shall be deemed a waiver of any other term or provision of this
Agreement, and no waiver shall be valid unless in writing and executed by the waiving
party.
8
24. Construction. Section headings in this Agreement are solely for the
convenience of the parties and are not a part of and shall not be used to interpret this
Agreement. This Agreement shall not be construed as if it had been prepared by one of
the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all
references to Sections ace to this Agreement. All exhibits to this Agreement are hereby
incorporated by reference.
25. In case of conflicts within the contract documents, the document
precedence shall be as follows:
(a) This Agreement
(b) Exhibit A — Proposal for Engineering and Lighting Consulting
Services
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
9
IN WITNESS WHEREOF, said parties have executed this Agreement effective
as of the Effective Date above.
MRC ENGINEERING, INC.
By:
Its:
By:
Its:
PALM DESERT REDEVELOPMENT AGENCY
Jim Ferguson, Chairman
ATTEST:
Rachelle D. Klassen, Secretary
APPROVED AS TO FORM
Dave Erwin, City Attorney
10
EXHIBIT A
Proposal for Engineering and Lighting Consulting Services
11
MRC ENGINEERING, INC.
Professional Engineers 8 Lighting Consultants
Missy Wightman — Project Coordinator
City of Palm Desert
73 -5 10 Fred Waring Drive
Palm Desert, CA. 92260
Subject: Proposal for Engineering and Lighting Consulting Services
La Spiga Property Site Lighting
Dear Missy:
We are pleased to submit our fee proposal for engineering services for the subject project.
PROJECT ENGINEERING SERVICES,
The following professional services are proposed for the proposed project.
I . Electrical Engineering and Lighting Consulting
PROJECT ASSUMPTIONS AND CONDITIONS
Our fee for professional services is based on the assumptions listed below.
March 29, 2006
1. The project consists of approximately 1/2 acre site for the La Spiga Restaurant on the Entrada Del Paseo project
site.
2. The addressee of this proposal shall be known as the "Client" and MRC Engineering, Inc. shall be known as the
"Consultant".
3. The project will be constructed in a single phase.
4. Only one permit package will be required.
5. Engineering fees do not include displacing and/or relocating on -site below grade utilities, which have not been
specifically identified as part of the proposal scope of services.
6. Our drawings will be produced using AutoCAD software. The architect will furnish working base drawings
required to prepare contract construction drawings in AutoCAD format.
SCOPE OF SERVICES
The following paragraphs define our proposed Basic Services for the project.
1. Basic Design Services:
a. Visit the project site and investigate existing conditions as required.
b. Discuss design concepts with architect and owner prior to proceeding with final construction documents.
C. Design site lighting outside of the La Spiga Parcel south and west of the existing parking lot and lighting
for the new parking lot.
d. Landscape lighting outside of the La Spiga parcel everywhere south and west of the existing parking lot.
e. Attend design and coordination meetings.
Confidential - Page 1 - 3/29/2006
72-880 Fred Waring Drive, Suite C-11 / Palm Desert, Ca. 92260 / (o) 760.340.9005 (f) 760.340-9001
Office Locations: Palm Desert 8: Irvine
www.mrcenQineerinR.com
MRC ENGINEERING, INC.
Professional Engineers & Lighting Consultants
f. Provide all details, schedules, diagrams and specifications that are required to define the intent of the
engineered drawing package.
g. Prepare working drawings, specifications and make final selections of equipment and materials that
establishes the extent, quantity and quality of work to be performed by the contractor.
h. Provide project technical specifications and incorporate into the construction documents.
i. Coordinate all project engineering and designs with appropriate building codes and agencies having
jurisdiction.
j. Provide assistance during the building department submittal process to insure all comments and
corrections are made in order to obtain building department approvals.
k. Submit 95 percent complete drawings and specifications at end of construction document phase for
review by architect, owner and building department.
I. Submit 100 percent complete drawings and specifications for bidding.
M. Respond to questions during bid period.
n. Provide shop drawing submittal review to insure compliance with the intent of the electrical designs and
to confirm electrical equipment space requirements
o. Design all site lighting and indicate circuit requirements.
p. Provide an automatic lighting control system for all site lighting circuits.
2. Construction Support Services:
a. Attend pre -construction conference if required.
b. Provide shop drawing submittal review to insure compliance with the intent of the electrical designs and
to confirm electrical equipment space requirements.
C. Provide construction site visits and attend construction meeting if required.
d. Response to contractor (RFI) requests for information.
e. Provide change order drawings and directives when required due to changes in designs.
f. Final inspection and "Punch List".
SERVICES NOT INCLUDED
Design services of other special consultants, which are a requirement of the project but are not, included in our scope
of services.
1. Utilities company primary and secondary engineering and design beyond the project site.
2. Engineering or design required for an emergency or standby generator.
3. Engineering or design for solar or photovoltaic energy systems.
4. Structural engineering for anchorage of electrical equipment, exterior pole or bollard type lighting fixtures
unless specifically identified in the scope of services.
Confidential . Page 2 - 3/29/2006
72-880 Fred Waring Drive, Suite C-11 / Palm Desert, Ca. 92260 / (o) 760-340-9005 (f) 760-340-9001
Office Locations: Palm Desert & Irvine
www.mrcengineerine.com
MRC ENGINEERING, INC.
Professional Engineers 8 Lighting Consultants
REIM BURSA BLE EXPENSES
The Client shall reimburse the Consultant for the following reimbursable expenses at their direct costs, plus a 10%
Administrative/Processing Fee. Such payments will be in addition to payments outlined under compensation.
1. Plotting of CAD drawings for scheduled final approvals and bidding.
2. Employing of licensed contractors or other trades required to inspect or identify existing conditions.
3. All costs for special insurance beyond our standard practice policies in force at the time of agreement.
Additional insurance costs including but not limited to cost for additionally insured, waivers of subrogation or
increased policy maximums, etc.
C O M P E N S A T I O N
We propose that our compensation be on a fixed fee bases as scheduled below (not including reimbursable expenses).
Compensation Schedule
Construction Documents $3,800.00
Construction Support
$1,000.00
Hourly compensation will be computed on a time and expense basis in accordance with our Billing Rate Schedule as
follows.
Principal $150.00/hour
Project Engineer $120.00/hour
Designer $90.00/hour
CAD Operator $60.00/hour
A D D I T 1 0 N A L S E R V I C E S
When authorized by the Client, the Consultant shall furnish Additional Services.
1. Services resulting from significant change to the Scope of Services, changes in the project size or complexity,
design schedule or character of construction.
2. Revisions to previously accepted studies, reports, completed project design phases or contract documents which
are beyond the consultant's control.
3. Services in connection with change orders that reflect changes requested by the Client or Project Owner.
4. Preparation of construction documents for alternate bids requested by Client or Project Owner.
5. Preparation of as built set of reproducible record drawings showing changes made during the construction
process, based on the marked -up prints, drawings and other data furnished by Contractor(s).
Confidential - Page 3 - 3/29/2006
72-880 Fred Waring Drive, Suite C-11 / Palm Desert, Ca. 92260 / (o) 760-340.9005 (f) 760.340-9001
Office Locations: Palm Desert r& Irvine
www.mrcengineerine.com
MRC ENGINEERING, INC.
Professional Engineers a Lighting Consultants
I N S U R A N C E S
Standard insurance policies include Professional Liability ($1,000,000), General Liability ($1,000,000) and
Workers Compensation Liability ($1,000,000). A certificate of insurance will be furnished upon request.
T E R M S
1. Project invoice statements will be presented on a monthly based upon percentage of work completed for each
phase of work completed.
2. The Client shall pay all open invoices 30 days after receiving payment from the project owner or owner's
agent.
3. In the event the project is abandoned, the compensation will be to the last progress billing period including
reimbursable expenses.
4. It is agreed that the professional services of the Engineer do not extend to or include the review or site
observation of the Contractor's work or performance. It is further agreed that the Client will defend, indemnify
and hold harmless the Engineer from any claim or suit whatsoever, including but not limited to all payments,
expenses or costs involved, arising from or alleged to have arisen from the Contractor's performance or the
failure of the Contractor's work to conform to the drawings. The Engineer agrees to be responsible for his own
or his employee's negligent acts, errors, omissions in the performance of their professional services.
If you have any questions, additions or recommendations to our fee proposal please contact me to discuss.
R, ectfully sub 'tted,
U
Rai . aya
Principal
CLI E N T AUTHORIZATION
Proposal for Engineering Services
La Spiga Property Site Lighting
Signature for City of Palm Desert
Date
Confidential . Page 4 - 3/29/2006
72-880 Fred Waring Drive, Suite C-11 / Palm Desert, Ca. 92260 / (o) 760.340-9005 (f) 760.340-9001
Office Locations: Palm Desert 8 Irvine
www.mrceneineerinq.com