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HomeMy WebLinkAboutSR - R25630 - Coordination of Dry UtilitiesXZ PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: RATIFICATION OF AGREEMENT FOR PROFESSIONAL SERVICES (CONTRACT NO. R 25630 ) FOR COORDINATION OF DRY UTILITIES OF THE FUTURE LA SPIGA RESTAURANT, THE HENDERSON COMMUNITY BUILDING AND THE SURROUNDING SITE AT ENTRADA DEL PASEO SUBMITTED BY CONTRACTOR: DATE: CONTENTS: Recommendation: MISSY WIGHTMAN, PROJECT COORDINATOR STANTEC CONSULTING, INC. 73-733 FRED WARING DR. PALM DESERT, CA 92260 AUGUST 24, 2006 AGREEMENT FOR PROFESSIONAL SERVICES By Minute Motion, that the Agency Board ratify an agreement in an amount not - to -exceed $10,450 (including reimbursables) with Stantec Consulting, Inc., for the coordination of dry utilities of the future La Spiga restaurant, the Henderson Community Building and the surrounding site at Entrada Del Paseo. Funds for this work are available in Account No. 850-4358-433-4001. Executive Summary: By approval of the staff recommendation, the Agency Board will ratify an agreement approved and executed by the Agency's Executive Director using a consultant approved by the Agency Board on January 12, 2006. The Consultant will provide professional design services necessary to coordinate the dry utilities of La Spiga, the Henderson Community Building, and the new parking areas at Entrada del Paseo. Discussion: The Redevelopment Agency has served as the master developer on the 12-acre site known as Entrada del Paseo. To date, approximately half of the site has been developed. The Henderson Community Building is beginning construction, and the design for several acres of landscaping surrounding this site is nearing completion, which will leave less than three acres undeveloped. The Agency Board approved a Disposition and Development Agreement for a fine dining restaurant in the back corner of the property near the intersection of Painters' Path and the Palm Valley Storm Channel. In order to prepare the site for development of this restaurant and the Henderson Community Building, certain coordination will be required. Coordination of dry utilities will include: gas, Staff Report Approval of Agreement for Professional Services with Stantec Consulting, Inc., for Entrada del Paseo Page 2 August 24, 2006 cable, electric, and phone. Agency staff proposes to coordinate these utilities now so that the site work can move ahead as scheduled. Stantec Consulting performs dry utility coordination and is an approved consultant on the Agency's list of consultants qualified for work during 2006. They are familiar with the Entrada Del Paseo site from having worked there previously, and they provided an acceptable proposal for this new scope of work. Their agreement is hereby presented to the Agency Board for ratification. Submitted by: Missy W' man Project Coordinator Approval: G 4�4 sti McCarthy, ACM elopment Carlos L. Ortega, ecutive Director Department Head: Di�rv-e Yrigoyen Director of Redevelopment/Housing Paul S. Gibson, Director of Finance dwxlel-d— BY -D. :' ' VERIFIED BY,I 11- Original on fife with City Clerk's Office G:ARDAWelissa Wightman1a Spiga and Entrada del Paseo Phase 3 Landscaping\CiviRStaff Report- Civil.doc AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this 28t' day of June 2006, ("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY ("Agency") and STANTEC CONSULTING. INC., a Civil Engineer ("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 La Spiga and Entrada del Paseo Phase 2 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 Bernv Zambrana ("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 three hundred sixty-five (365) calendar days of receipt of a Notice to Proceed. 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 Budqet. 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 Reoortina & 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 Not -to -Exceed Fee: Agency shall pay to Consultant a total amount not to exceed $9,500 for the basic services described in Exhibit A. Payment shall be made on a monthly basis, based upon the hourly rates defined in Exhibit B, multiplied by the number of hours worked by each classification of personnel assigned to the project during the previous calendar month. The not -to -exceed 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 B. 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 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. B. 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 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 - Aaencv. No officer, member or employee of Agency during his or her tenure or one (1) 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, 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. 5 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: Missv Wiahtman, Proiect Coordinator Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 341-6372 Consultant: Doua Franklin, Stantec Consulting, Inc. 73-733 Fred Waring Drive, Suite 100 Palm Desert, CA 92260 Tel: (760) 346-9844 Fax: (760) 346-9368 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 insure 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. a 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 are 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 -- Scope of Services (c) Exhibit B — Hourly Rates (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) IN WITNESS WHEREOF, said parties have executed this Agreement effective as of the Effective Date above. STANTEC CONSULTING, INC. By: a ' ��arr+✓�-= 7 f�z�o6 Its: YYta.v.M'�, By: Its: PALM DESERT REDEVELOPMENT AGENCY Jim Ferkusal rl airrlan ATTEST: Rachelle D. Klassen, cretary APPROVED A O FORM r Dave Erman, �Ci Attorney 10 State of California ) ) SS. County of 'e L A On c,before me, YvL.0 i J^ 5 LA >�ti�� . a Notary ubliapersonally appeared personally known to me (or pcoued to me on the basis of satisfactory evidence) to be the persons' whose namovizalmsubscribed to the within instrument and acknowledged to me thaflieAftfthey executed the same in Is -their authorized capacity(ies , and that by�ertRheir signature(-gTon the instrument the person(s), or the entity upon behalf of which the person(s`-acted, executed the instrument. WITNESS my hand and official seal. Signature c%�i .A DESCRIPTION OF ATTACHED DOCUMENT: NOOA 0000000@O�Oy@0000 @@O@00@OON@N@ s MARY J. BURNS i COV^v";-4,; 2615 @ NOT„RY PUBLIC - CALIFORNIA @ >•� RIVERSOIDE COUNTY ' My Comm. Expires Nov.11, 2009 0000440004@00001e@OOOOiG60@NOO@NNOY (seal) r (TITLE O TYPE OF CUMEI`)F i3 (NUMBER OF PAGES) (DATE OF DOCUMENT) `-fl (SIGNER(S) OTHER THAN NAMED ABOVE) Right Thumbprint of Signer (Optional) 13 EXHIBIT A SCOPE OF SERVICES 11 EXHIBIT A ENTRADA PHASE II DRY UTILITY COORDINATION SCOPE OF SERVICES ♦ INTRODUCTION Project Understanding and Description: It is our understanding that the Palm Desert Redevelopment Agency (Agency) is completing development of the Entrada Del Paseo project by expanding the Eric Johnson Garden, adding the La Spiga Restaurant, Henderson Community Building, future Public Arts Building pad and associated site improvements. Stantec has been asked to provide dry utility consulting services, as described herein, for the above improvements. ♦ SCOPE OF SERVICES TASK 1: Dry Utilitv Application Processing a. Obtain the necessary applications from Southern California Edison, The Gas Company, Verizon, and Time Warner Cable. b. Submit all applications to the Agency for signature and payment of fees. Process applications and fee payments in a timely manner and submit with the appropriate base information as required for the development, common areas, and perimeter landscaping. TASK 2: Dry Utilitv Design Coordination a. Coordinate the design of the utilities between Southern California Edison, Verizon, The Gas Company, and Time Warner Cable, endeavoring to have joint trenching wherever possible. b. Review plans to identify any potential conflicts with sewer, water, landscaping, spread footings, or other structures as identified on the design documents. c. Provide Agency with regular updates of the process and with progress drawings for review. d. Provide Agency with plans from all utility companies suitable for bidding for construction. e. Track the design process with each utility. f. Coordinate with the electrical engineer and communicate with Southern California Edison the needs for the Henderson Community Building, La Spiga, the future Public Arts building, and the site and landscape lighting. This is to ensure that Edison's plans provide for the needs of each end user. Page 1 of 3 Stantec Client N:\AATKC\_transfer\M_Upp\Proposals\Entrada Phase II\Entrada Phll-DryUtilityScope.doc EXHIBIT A ENTRADA PHASE II DRY UTILITY COORDINATION SCOPE OF SERVICES TASK 3: Pre Construction Services a. Provide Agency with a construction schedule for dry utilities. b. Provide Agency with an estimate of probable cost for dry utilities. c. Assist Agency with pre qualified local contractors for dry utilities. TASK 4: Meetings and Coordination a. Stantec will meet with Agency Staff, Agency sub consultants, and other parties as requested by the Agency to coordinate the underground conduit systems layout. b. Stantec will provide written meeting minutes, summarizing the discussions and action items. DELIVERABLES 1. An electrical distribution plan prepared by Southern California Edison suitable for bidding and construction including the design of pad mount transformers, meter services, and secondary distribution conduits. 2. A natural gas distribution plan designed by The Gas Company. 3. A telephone distribution plan prepared by Verizon that will include primary phone lines. The plan will include a conduit design and vault design to Verizon Standards. 4. A project schedule for the design phase of the project. 5. An Opinion of Probable Cost. Page 2 of 3 Stantec Client N:IAATKCI_transfer\M_Upp\Proposals\Entrada Phase ll\Entrada Phi l-DryUtilityScope.doc EXHIBIT A ENTRADA PHASE II DRY UTILITY COORDINATION SCOPE OF SERVICES Stantec ♦ COMPENSATION TASK 1: Dry Utility Application Processing: Fixed Fee ...................................... $1,500 TASK 2: Dry Utility Design Coordination: Fixed Fee .......................................... $4,200 TASK 3: Pre Construction Services: Fixed Fee .................................................. $2,500 TASK 4: Meetings and Coordination: Time and Materials NTE ........................... $1,500 Stantec has provided on a T&M, NTE budget for meetings. In the event that said budget becomes depleted, Stantec will notify the Agency for additional budget to continue with the proposed service. Stantec will not incur additional expense without Agency authorization. Total............................................................................................................ $9,500 ♦ ADDITIONAL SERVICES AVAILABLE Construction Management Dry Utility Design GPS As Builts Electrical Engineering Exclusions: 1. Payment of any application fees. 2. Providing load calculations for electric or gas service. 3. Any Electrical Engineering necessary for distribution lines or pedestals for landscape irrigation, landscape lighting, and/or common area facilities. 4. Any services not specifically described under the scope of services section of this proposal are excluded. 5. Stantec will not be responsible for scheduling inspections. 6. Stantec shall neither have control over, charge of, nor be responsible for the construction means, methods, techniques, sequences, or procedures, or for safety precautions in connection with the project. These are solely the responsibilities of the Contractor. 7. Electrical Engineering 8. Stantec does not in any form accept financial responsibility for deliverables, vendors, employees, subcontractors, consultants, permits fees, or inspection fees. 9. Performing services as an Owner's Representative or Owner's Agent. 10. Composite Dry Utility Exhibit Page 3 of 3 Stantec Client N:\AATKC\_transfer\M_Upp\Proposals\Entrada Phase IREntrada Phll-DryUtiliryScope.doc EXHIBIT B HOURLY RATES 12 NOW Stantec 2006 Fee Schedule 1 $39 a Works under the supervision of a senior professional 2 $45 a Recent graduate from an appropriate post -secondary program or equivalent e Generally, less than four years experience Junior -level position 3 $51 a Independently carves out assignments of limited scope using standard procedures, methods and techniques 4 $57 a Assists senior staff in carrying out more advanced procedures 5 $63 a Completed work is reviewed for feasibility and soundness of judgment e Graduate from an appropriate post -secondary program or equivalent e Generally, four years work experience Fully qualified professional position 6 $69 a Carnes out assignments requiring general familiarity within a broad field of the respective profession 7 $74 e Makes decisions by using a combination of standard methods and techniques 8 $81 a Actively participates in planning to ensure the achievement of objectives a Works independently to interpret information and resolve difficulties e Graduate from an appropriate post -secondary program, with credentials or equivalent e Generally, six years experience First level supervisor or first complete level of specialization 9 $91 a Provides applied professional knowledge and initiative in planning and coordinating work programs 10 $101 a Adapts established guidelines as necessary to address unusual issues 11 $110 a Decisions accepted as technically accurate, however may on occasion be reviewed for soundness of judgment e Graduate from an appropriate post -secondary program, with credentials or equivalent a Generally, nine years experience Highly -specialized technical professional or supervisor of groups of professionals 12 $122 a Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise 13 $133 a Participates in short and long range planning to ensure the achievement of objectives 14 $144 a Makes responsible decisions on all matters, including policy recommendations, work methods, and financial controls associated with large expenditures e Reviews and evaluates technical work e Graduate from an appropriate post -secondary program, with credentials or equivalent a Generally, ten years experience with extensive, broad experience Senior level consultant or management function 15 $154 a Recognized as an authority in a specific field with qualifications of significant value 16 $168 a Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise 17 $182 a Independently conceives programs and problems for investigation a Participates in discussions to ensure the achievement of program and/or project objectives e Makes responsible decisions on expenditures, including large sums or implementation of major programs and/or projects e Graduate from an appropriate post -secondary program, with credentials or equivalent a Generally, fifteen years experience with extensive professional and management experience Senior level management position under review by Vice President or higher 18 $207 a Recognized as an authority in a specific field with qualifications of significant value 19 $233 a Responsible for long range planning within a specific area of practice or region e Makes decisions which are far reaching and limited only by objectives and policies of the organization a Planslapproves projects requiring significant human resources or capital investment e Graduate from an appropriate post -secondary program, with credentials or equivalent e Generally, fifteen years experience with extensive professional and management experience $175 1-Person Crew Survey $200 2-Person Crew Crews $235 3-Person Crew OA901050tmastcrdocC006 Rate TableslPD\PD 2006 Table 3 doc