HomeMy WebLinkAboutR23390A - STANTEC CONSULTING - PROJECT MANAGEMENT FOR THE 20 ACRE SITEPALM 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
SUBMITTED BY: CATHERINE WALKER, SENIOR MANAGEMENT ANALYST
CONTRACTOR: STANTEC CONSULTING, INC.
73-733 FRED WARING DRIVE, STE. 100
PALM DESERT, CA 92260
DATE: JANUARY 12, 2006
CONTENTS: CONTRACT NO. R23390A
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 Chairman to execute said contract.
Funds are available in Account No. 870-4692-466-4001.
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.
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
Staff Report
Ratification of Contract R23390A (Stantec, Inc.) for Project Management Services — 20-
Acre Affordable Housing Project
Page 2 of 2
January 12, 2006
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, it is a
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.
Vertical construction is set to begin in January 2006 and to last approximately 18
months. 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.
Staff recommends ratification of Contract No. R23390A in an amount not -to -exceed
$21,200, plus $1,500 for reimbursable.
Submitted by:
Aaterine Walker
Senior Management Analyst
Approval:
. stk McCarthy i
ACMI Redevelopment
Carl . Orte , Executive Director
Dep ent ead:
Da Yr' o n
Director of Redevelopment/ ousing
Paul S. Gibson, Director of Finance
G:\RDA\Beth Longman\Staff Reports\WaAer'Stantec 20-acre 011206.doc
CONTRACT NO. R23390A
AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of July, 2005, by and
between the PALM DESERT REDEVELOPMENT AGENCY hereinafter referred to as
"REDEVELOPMENT AGENCY" and THE KEITH COMPANIES, 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 providing the Redevelopment
Agency with construction/project management services for the project known as the 20-
acre Affordable Housing Project.
NOW, THEREFORE, the parties hereto agree as follows:
(1) REDEVELOPMENT AGENCY hereby agrees to engage
CONSULTANT to perform the technical and/or professional serviced 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 carryings
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The Keith Companies Agm - sd
CONTRACT NO. R23390A
out of the work outlined in Exhibit "A" hereof shall be furnished to CONSULTANT
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 Project Administrator, 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.
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AGREEMENT -sd
CONTRACT NO. R23390A
(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 time -cards 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-sd
CONTRACT NO. R23390A
(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: Twentv-one Thousand
One Hundred Twentv and No/100 Dollars t$21.120.001. REDEVELOPMENT
AGENCY agrees to pay all undisputed invoices within thirty (30) days of receipt of
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AGREEMENT-sd
CONTRACT NO. R23390A
invoice. REDEVELOPMENT AGENCY agrees to notify CONSULTANT of disputed
invoices within fifteen (15) days of receipt of said invoice.
(15) The CONSULTANT agrees to perform Construction Management
Services for its 20-acre site as outlined in Exhibit "A", dated July 11, 2005.
(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-sd
CONTRACT NO. R23390A
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
AGREEMEN T-sd
CONTRACT NO. R23390A
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
PALM DESERT REDEVELOPMENT
AGENCY
Carlos L. Orteg xecutive Director
ATTEST:
APPROVE-D7AS TO FORM:
Dave Er)AV, City Attorney
The Keith Companies
Page 7
AGREEMENT-sd
Jul-2.8-05 08:15am From -PALM DESERT CITY CLERK
7603400574 T-737 P-01/01 F-306
CONTRACT NO. R23390A
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Description of Attached Document
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CONTRACT NO. R23390A
EXHIBIT "A"
CONSULTANT'S PROPOSAL
OF
SERVICES
Page 8
AGREEMENT-sd
RECEIVEV'.
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JUL 18 2005
The Keith Companies mrvm
Palm Dc�69EPAT FOR PROFESSIONAL SERVICES
Agreement entered into at: Palm Desert, California
CONSULTANT
The Keith Companies, Inc.
Palm Desert Division
ADDRESS: 73-733 Fred Waring Dr., Suite 100
CITY: Palm Desert
STATE/ZIP:
CA 92260
CONTACT
Jim Janosik
PHONE:
p 760-346-9844 / f 760-346-9368
For project known as: 20 ac Site Palm Desert
Scope of Work: See attached Exhibit "A" dated 7/11/05.
on July 14, 2005 by and between:
CLIENT
City of Palm Desert Redevelopment
FIRM: Agency
ADDRESS: 73-510 Fred Waring
CITY: Palm Desert
STATE/ZIP: CA 92260
CONTACT: Catherine Walker
PHONE: p 760-346-0611 / f 760-776-6392
See additional description of services in Exhibit A.
Compensation: Client agrees to compensate Consultant as follows:
Agreement Amount: $21.120.00 See Exhibit B for additional cost information.
Invoice Basis: ® Fixed fee: S21.120.00 Invoiced monthly on a percentage completion basis.
❑ T&M Estimated Budget: $ Invoiced monthly on a T&M basis up to the budget amount.
❑ T&M NTE : $ Invoices Not To Exceed the agreement amount for specified Scope of Work.
❑ Monthly on a T&M basis.
❑ Percentage of Construction: Invoiced monthly on a percentage completion basis.
% of estimated Construction Value of $
GENERAL TERMS AND CONDITIONS
General Responsibility:
a. This Agreement contains the entire agreement between Client and Consultant relating to the project and the provision of services to the project. Any prior
agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this
Agreement shall be in writing and signed by both Client and Consultant.
b. This Agreement shall be governed by and constructed in accordance with the laws of the state in which the services are performed.
c. The Client and/or Consultant may terminate this Agreement without penalty upon five (5) day written notice to the other party. Client acknowledges and
agrees that Consultant shall be paid for all services performed and obligations incurred by the Consultant on the Client's behalf as of the effective date of
termination.
d. Consultant makes no representations concerning site conditions, and Consultant is not responsible for any liability that may arise out of the making or
failure to make site surveys, or subsurface tests, or general testing unless specifically included in writing in this Agreement.
2. Responsibility for Documents and Legal Compliance:
a. Consultant makes no warranty, either expressed or implied, as to its findings, recommendations, plans, specifications, or professional advice except that
the services performed is to generally accepted standards of practice in effect at the time of performance.
b. In providing services under this Agreement, the Consultant will endeavor to perform in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing under similar circumstances.
CLIENT-CONSULTANTAGREEMENT Client Consultant
FORM ISSUED 051091 005 PAGE ]of 3
X. iProposalsI5915 Qty of Palm Deser!-PM for RDA105-07-14 Contractdoc
3.
11
3
6.
The Keith Companies IMKC
AGREEMENT FOR PROFESSIONAL SERVICES continued
c. In providing opinions of probable construction costs (cost estimates), it is recognized that neither the Client nor the Consultant has control over the costs of
labor, equipment or materials, or over the contractor's methods of determining prices or bidding. The opinion of probable construction costs is based on the
Consultant's reasonable professional judgment and experience and does not constitute a warranty, express or implied, that the contractor's bids or the
negotiated price of the work will not vary from the Client's budget or from any opinion of probable cost prepared by the Consultant.
d. This Agreement is based on the ordinances, policies, procedures, or requirements in effect on the date of the Agreement. Any additional office or field
services required due to the change of such ordinances, policies, procedures, or requirements shall be paid for by Client as Extra Work.
e. Client agrees that the plans, drawings or other contracted work product are primarily for the use of Client and for the Project described in this Agreement.
Such plans, drawings, or other work product may not be changed nor used in any other manner by Client without the written authorization of Consultant.
f. All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by the Consultant as instruments of
service shall remain the property of the Consultant. The Consultant shall retain all common law, statutory and other reserved rights, including the copyright
thereto.
g. The Client and Consultant agree that any electronic files furnished by either party shall be subject to an acceptance period of seven (7) days during which
the receiving party agrees to perform appropriate acceptance tests. The party furnishing the electronic file shall correct any discrepancies or errors detected
and reported within the acceptance period. After the acceptance period, the electronic files will be deemed as accepted and neither party will have any
obligation to correct errors or maintain electronic files.
Actions of Others:
a. Consultant shall not be liable for damages resulting from the actions or inactions of any governmental agencies including, but not limited to, plan
processing.
b. Client acknowledges that Consultant is not responsible for the performance or work by third parties including, but not limited to, the construction
contractor or its subcontractors.
Terms of Payments:
a. Consultant shall Invoice Client monthly on account of Consultant's services. Client shall pay Consultant within thirty (30) days of the time of receipt of
invoice from Consultant on account.
b. Client agrees that the periodic billing from Consultant to Client are correct, conclusive, and binding on Client unless Client, within fourteen (14) calendar
days from the date of receipt of such billing, notifies Consultant in writing of alleged inaccuracies, discrepancies, or errors in billing.
c. The Consultant shall be reimbursed, exclusive of professional fees, the direct reimbursable costs such as blueprinting, plotting, and photo work done in
support of the project plus 15%.
d. All meetings and/or site visits requested beyond the maximum number indicated in the Scope of Work shall be billed on a Time and Materials basis as
Extra Work based on the then current fee schedule.
e. Client agrees that if Client requests services not specified pursuant to the Scope of Work description within this Agreement, Client will pay for all
additional services as Extra Work.
f. All fees and/or costs associated with or due to any governmental or review agencies arising from the services are the sole responsibility of the Client.
g. If Client fails to pay Consultant within thirty (30) days after invoices are rendered, Client agrees Consultant shall have the right to consider such
nonpayment a material breach of this Agreement, and, at the sole option of the Consultant, upon five (5) days written notice, the duties, obligations, and
responsibilities of Consultant under this Agreement may he suspended or terminated. in such event, Client shall promptly pay Consultant for all fees,
charges, and services provided by Consultant.
h. Payment of invoices shall not be subject to any discounts or set -offs by the Client, unless agreed to in writing by the Consultant. Payment to the
Consultant for services rendered and expenses incurred shall be due and payable regardless of any subsequent suspension or termination of this Agreement by
either party.
i. If for any reason the Client places the project on hold, the Client shall be held responsible for any cost incurred by the Consultant in the demobilization or
the re -starting of the project.
J. In the event Consultant's fee schedule changes due to any increased costs resulting from the granting of wage increases recognizing a rise in the cost of
living or from benefits required due to labor Agreements during the life of this Agreement, a corresponding percentage increase shall he applied to all
remaining Agreement budgets and such Fee Schedule shall apply to subsequent Extra Work.
Indemnification and Liability:
a. The Consultant agrees to hold harmless and indemnify Client from and against liability arising out of the Consultant's negligent acts, errors, or omissions.
It is specifically understood and agreed that in no case shall the Consultant be required to pay an amount disproportional to his or her culpability, or share of
any amount levied to recognize more than actual economic damages.
b. The Client and Consultant acknowledge that the Consultant's Scope of Work does not include any services related to the presence of any hazardous or
toxic materials. In the event the Consultant or any other party encounters any hazardous or toxic materials, or should it become known to the Consultant that
such materials may be present on 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, suspend performance of its services under this Agreement until such time as the Client retains
appropriate Consultants or contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with
all applicable laws and regulations.
c. The Client agrees, notwithstanding any other provision of this Agreement, to the extent permitted by law, to indemnify and hold harmless the Consultant,
its officers, partners, employees, stockholders, and Consultants (collectively Consultant) from and against any and all claims, suits, demands, liability, losses,
damages or costs, including reasonable attorney's fees and defense costs arising out of or in any way connected with any acts or errors of Client or any other
party not working under the direction of Consultant; or the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or
toxic substances, products or materials that exist on, about or adjacent to the project site, whether liability arises under breach of Agreement or warranty, tort,
including negligence, strict liability or statutory liability or in any cause of action, except for the sole negligence or willful misconduct of the Consultant.
Limitation of Liability: if Consultant's fee is equal or less than $250,000, Client hereby agrees to limit Consultant's total professional liability for the
project to the sum of $50,000 or Consultant's fee, whichever is greater. If Consultant's fee is greater than $250,000, Client hereby agrees to limit
Consultant's total professional liability for the project to the sum of $250,000.
CLIENT-CONSULTANTAGREEMENT Client Consultant
FORM ISSUED 05A)912005 PAGE 2of 3
X:IAoposa&13915 City of Palm Doren-PMfor RDA105-07-14 Contrandor
The Keith Companies mrl4=
AGREEMENT FOR PROFESSIONAL SERVICES continued
7. Insurance:
a. During the term of this Agreement, Consultant shall obtain and maintain in full force, at its own expense, the following insurance coverage in not less
than the following amounts:
I. Worker's Compensation insurance relative to all Personnel engaged in performing services pursuant to this Agreement, with coverage not less than
that required by applicable law;
ii. Comprehensive General Liability to protect Consultant against the liability to indemnify Client as assumed by Paragraph 5A of this Agreement in
the amount of $1,000,000 per occurrence;
Ill. Professional Errors and Omissions insurance in the amount of $1,000,000 per claim/$2,000,000 annual aggregate.
b. Certificates of subject insurance will be made available to Client upon request.
c. Each insurance policy (and certificates thereof) obtained by Consultant pursuant to this Agreement shall contain a clause that the insurer will provide
Client with at least 30 days prior written notice of any cancellation of the policy, except for cancellation due to nonpayment of premium for which 10 days
notice will be given.
g. Legal Fees: In the event the Client institutes a suit against Consultant, either directly by complaint or by way of cross -complaint, including a cross -
complaint for indemnity, for alleged negligence, error, ornission, or other failure to perform, and if Client fails to obtain a judgement in the Client's favor, the
lawsuit is dismissed, or if judgement is rendered in favor of Consultant, Client agrees to pay Consultant all costs of defense, including attorney's fees, expert
witness fees, court costs, and any and all other expenses of defense. Client agrees such payments shall be made immediately following dismissal of the case
or upon entry of judgement.
9. Assignment: Neither Client nor Consultant shall assign this Agreement without the prior written consent of the other.
10. Severabllity: Consultant's waiver of any term, condition, or covenant, or breach of any term, condition, or covenant, shall not constitute the waiver of any other
term, condition, or covenant, or the breach of any other term, condition, or covenant if any term, condition, or covenant of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on Client and Consultant.
11. Bankruptcy: Consultant shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this
Agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary Bankruptcy petition filed
against Client in the United States Bankruptcy Court, and that petition is not dismissed within fifteen (15) days of its filing. Any suspension of services
made pursuant to the provisions of this paragraph shall continue until such time as this Agreement has been fully and properly assumed in accordance with
the applicable provisions of the United States Bankruptcy Code and in compliance with the final order or judgment issued by the Bankruptcy Court.
12. Delays: Consultant is not responsible for delay caused by activities or factors beyond the Consultant's reasonable control, including but not limited to,
delays by reason of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of Client to furnish timely information or approve or
disapprove of Consultant's services or work product promptly, faulty performance by Client or other contractors or government agencies. When such delays
beyond the Consultant's reasonable control occur, Client agrees Consultant is not responsible for damages nor shall Consultant be deemed to be in default of
this Agreement.
13. Mediation: In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the
Client and the Consultant agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding
mediation.
14. Arbitration: In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of this Agreement, in accordance with
Paragraph 13, then such disputes will be settled by binding arbitration in accordance with the rules set forth in the Construction Industry Arbitration Rules of
the American Arbitration Association.
15. Non -Solicitation: The Client is expressly prohibited during the term of and for one year following this Agreement, and will be considered a material breach
of this Agreement, to solicit for the purposes of employment an employee of the Consultant without the prior written consent of the Consultant.
APPROVED AND ACCEPTED BY:
The Keith Companies, Inc.
Palm Desert Division City of Palm Desert Redevelopment Agency
Consultant Client
Signature Date Signature Date
Dan Ruiz, P.E.
Printed Name Printed Name
President, Palm Desert Division
Title Title
P5922
Proposal/Contract Number Client Contract Number
CLIENT -CONSULTANT AGREEMENT
FORM ISSUED 05,V9/2005 PAGE 3of 3
X IPraporaG15915 City o(Pabn Desert -PM for RDA105-07-14 Contract doe
EXHIBIT A
SCOPE OF SERVICES 20 ACRE SITE 71<0
JULY 11, 2005
♦ INTRODUCTION
Proiect Understanding and Description:
The City of Palm Desert Redevelopment Agency (RDA) has entered into a Disposition and
Development Agreement with a private firm to develop a residential tract in the City of Palm
Desert. The City has retained MSA Consulting, Inc. to prepare the offsite and onsite
infrastructure improvements for the project. The plans are by the City's estimate 90% complete
and are in Plan Check with the City of Palm Desert and the Coachella Valley Water District.
The City is requesting Professional Services to support RDA Staff as specified in following
Scope of Work:
♦ SCOPE OF SERVICES
TASK 1: CONSULTANT COORDINATION
a. Assist RDA Staff with the coordination of Agency processing (CVWD and the City of
Palm Desert) of the Improvement Plans prepared by MSA Consulting, Inc.
b. Perform a Constructability Review of the offsite civil improvement plans to determine
whether construction in accordance with the plans will result in substantial completion of
the project as described in the Conditions of Approval as approved by the City of Palm
Desert. Provide the RDA with written recommendations regarding conflicts between the
plans and Conditions of Approval as approved by the City of Palm Desert.
c. Provide a Constructability Review of the Civil Improvement plans, Dry Utility plans, and
Landscape Architecture, to identify potential conflicts between the proposed
improvements. Provide the RDA with written recommendations regarding conflicts
between the plans.
d. Monitor the Dry Utility Coordination process and provide a monthly status report to the
City.
e. Attend meetings as requested by the City with the Consultant Team, in accordance with
TKC's allocated hours as noted under Compensation.
TASK 2: DEVELOPER COORDINATION
a. Attend meetings with the Developer as requested by the City.
b. On an on call basis as directed by the City provide technical support to the Developer.
This support will be limited to advising the Developer of local jurisdictional
Page Iof2
Client TKC
EXHIBIT A mr1<0
SCOPE OF SERVICES 20 ACRE SITE
JULY 11, 2005
conditions that may impact the project scheduling and budget. TKC will perform these
tasks in accordance with TKC's allocated hours as noted under Compensation.
b. Become familiar with the City's Disposition and Development Agreement (DDA) with the
Developer. Assist the City with monitoring the project status through completion for
conformance to the DDA. Make recommendations to the City of infrastructure design
Items that may lead to potential non compliance to the DDA on the part of the City or the
Developer.
TASK 3: PROJECT SCHEDULING SERVICES
a. Attend a Scheduling Meeting with City Staff and the Developer to assist in identifying
the key project components and milestones.
b. Prepare a Preliminary Project Schedule using Microsoft Project for review by the City,
Developer, and other project Team Members as determined by the City. Incorporate
any comments into a Revised Schedule
c. Submit a Final Project Schedule for review and approval by the City.
d. Provide Monthly Schedule updates through project completion.
♦ COMPENSATION
TKC will provide the City of Palm Desert 64 hours a month of Construction Management
Services for a fixed fee of $7,040 per month for a period of 3 months for a FIXED FEE
AMOUNT OF $21,120 (twenty one thousand one hundred twenty dollars.)
In the event that the City requires additional work effort beyond the budgeted amount of
hours, TKC will notify the City of additional costs needed to continue with the proposed
services. TKC will not incur additional expense without client authorization.
Exclusions:
1. Any services not specifically described under the scope of services section of this
proposal are excluded.
2. TKC will not be responsible for scheduling inspections.
3. TKC shall neither have control over or 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
4. TKC does not in any form accept financial responsibility for deliverables, vendors,
employees, subcontractors, consultants, permits fees, or inspection fees.
5. Performing services as an Owner's Agent.
6. Vertical Construction Management.
Page 2 of 2
Client TKC
CONTRACT NO. R23390A
EXHIBIT "B"
CONSULTANT'S FEE PROPOSAL
Page 9
AGREEMEN T-sd
The Keith Companies, Inc. EXHIBIT B
Palm Desert, California Division
FEE SCHEDULE - April 1, 2005 through March 31, 2006
Compensation for work performed on a time and materials basis will be computed as follows:
MANAGEMENT Hourly Rate
President............................................................................................................................................. $172.00
VicePresident II....................................................................................................................................
166.00
VicePresident I.....................................................................................................................................
162.00
DirectorIII.............................................................................................................................................
160.00
DirectorII .............................................. ................................................................................................
155.00
Director I, Sr. Project Manager.............................................................................................................
150.00
ProjectManager....................................................................................................................................
135.00
Assistant Project Manager, Supervisor II..............................................................................................
125.00
SupervisorI.:.........................................................................................................................................
115.00
CIVIL ENGINEERING AND MAPPING SERVICES
Sr. Project Engineer........................................................................................................................... $130.00
Sr. Project Surveyor, Sr. Project Designer, Processing Manager.........................................................
125.00
Project Engineer, Project Surveyor.......................................................................................................
120.00
Project Designer, Sr. Survey Analyst....................................................................................................
116.00
Sr. Designer, Sr. Design Engineer........................................................................................................
112.00
Design Engineer, Designer, Survey Analyst.........................................................................................
108.00
DesignTechnician................................................................................................................................
100.00
Assistant Engineer, Sr. Technician......................................................................................................... 94.00
Technician............................................................................................................................................... 90.00
Jr. Survey Analyst................................................................................................................................... 86.00
Jr. Engineer............................................................................................................................................. 82.00
Research/Processing Coordinator II....................................................................................................... 80.00
Jr. Technician..........................................................................................................................................
78.00
Research/Processing Coordinator I........................................................................................................
70.00
Project Coordinator, Engineering/Survey Aide....................................................................................... 60.00
OfficeWork.............................................................................................................................................
55.00
CULTURAL RESOURCES
Project Manager/Cultural Resources...............$125.00
Archaeologist, Paleontologist............................105.00
Field/Lab Supervisor...........................................85.00
Field/Lab Technician III.......................................75.00
Field/Lab Technician II........................................70.00
Field/Lab Technician I.........................................60.00
PLANNING SERVICES
Principal Planner...............................$120.00
Sr. Planner..........................................115.00
Project Planner....................................105.00
Planner................................................100.00
Assistant Planner..................................92.00
Graphic Designer..................................84.00
Planning Technician..............................80.00
FIELD SURVEY
CONSTRUCTION
Field Coordinator.............................................$110.00
Sr. Construction Mgr .........................
$110.00
Survey Technician.............................................100.00
Construction Manager
........................... 94.00
Three Person Crew...........................................235.00
Superintendent ......................................
80.00
Two Person Crew..............................................200.00
Laborer ..................................................
60.00
One Person Crew..............................................175.00
SPECIAL SERVICES
ConsultationRe: Litigation...
..................................................................................................................................
$375.00
MISCELLANEOUS FEES
The following services are billed at our cost plus 15%:
• Subcontracted services.
• Map check fees or filing fees advanced by us.
• Transportation, meals and lodging for overnight travel and incidental travel expenses.
• Commercial delivery services, including Federal Express, Express Mail, and Messenger Services.
• Excessive long distance telephone calls, telegrams, and other costs directly applicable to the project.
• Plotting and blueprint services and printing. (The client is encouraged to arrange for printing, other than prints or plots
on our blueprint machine and plotters, to be contracted directly with an outside blueprint company acceptable to us.)
MILEAGE..............................................................................$ .405/mile or current allowable rate established by the IRS
NOTE: EEO obligations of Exec Order 11246 and 41 CFR Parts 60-1.4, 60-250.5 and 60- 41.5 are incorporated in non-exempt US
Government contracts/subcontracts. /,AL,
TTCC Corpo Division Manager
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