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HomeMy WebLinkAboutR24770 - Stantec Consulting, IncAGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this day of , 2005, ("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY ("Agency') and Stantec, Incorporated , a California corporation ("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 engineering services in connection with the civil improvements for future restaurant (La Spiqa) and related work at Entrada del Paseo 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 engineering 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 Douq Franklin, PE ("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 in accordance with the schedule appended to this agreement as Exhibit B. 2. Services by Agency: 2.1 Agency Representative. For the purposes of this Agreement, the Agency Representative shall be Lauri Avlaian , 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 Reportinq & 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. Stantec — Entrada/La Spiga 2 of 12 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. Compensation. Agency shall pay Consultant for the Services provided under this Agreement on the following basis. 4.1 Not -to -Exceed Fee: Agency shall pay to Consultant a total amount not to exceed fifty thousand, eight hundred dollars ($ 50,800.00 ) for the basic services described in Exhibit A. Payment shall be made on a monthly basis, based upon the hourly rates defined in Exhibit C, 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 C. 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 two thousand dollars ($2,000.00) 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 Payment. 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. Stantec — Entrada/La Spiga 3 of 12 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 Products 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 Stantec — Entrada/La Spiga 4 of 12 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 HIP. 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 cornected 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 sub Consultants (or any entity or individual that the Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. Stantec — Entrada/La Spiga 5 of 12 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 liabilitv. 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, Stantec — Entrada/La Spiga 6 of 12 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 time -cards 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: Lauri Aylaian Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 341-6372 Consultant: Stantec, Incorporated Attention: Doug Franklin 73-733 Fred Waring Drive Palm Desert, CA 92260 Stantec — Entrada/La Spiga 7 of 12 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 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. Stantec — Entrada/La Spiga 8 of 12 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. IN WITNESS WHEREOF, said parties have executed this Agreement effective as of the Effective Date above. CONSULTANT By: Its: CONSULTANT By: Its: PALM DESERT REDEVELOPMENT AGENCY Chairman ATTEST: Rachelle D. Klassen, Secretary APPROVED AS TO FORM Dave Erwin, City Attorney Stantec — Entrada/La Spiga 9 of 12 EXHIBIT A SCOPE OF ENGINEERING AND SURVEYING SERVICES Consultant shall provide the services described on attached pages 1 through 3, entitled "SCOPE OF SERVICES AND FEE / ENTRADA DEL PASEO — LAS SPIGA (PHASE III)" Stantec — Entrada/La Spiga 10 of 12 01/13/2006 12:48 FAX 760 346 9368 TKC Palm Desert Z 002 SCOPE OF SERVICES AND FEE ENTR ADA DEL PASEO — LA SPIGA (PHASE IIn Stantec agrees to provide professional services to the Client as described below: 200 FINAL ENGINEERING PHASE 201 Precise Grading and Draina e� Plan Prepare Precise Grading Plans, one time, at an appropriate scale to agency standards and specifications based on the final site plan for the La Spiga Restaurant. Stantec assumes that the site plan will be provided by the architect in ACAD (v.2000 or greater) format and that the La Spiga improvements mill be shown on the same grading plan as the Henderson Community Building, currently under separate contract - The grading and drainage plan will identify finish floor and pad elevations, building footprints, parking lot and access road pavement and curb elevations, planter and deck area drainage system, and a pad grade for the future adjacent Public Arts building pad. A drainage report will be prepared for the project and storm drain system (if required) will be identified in plan view only. Prepare a Horizontal Control Plan to locate the building footprint, parking lot improvements, and other critical site improvements. Prepare a Hydrology/Hydraulic report and calculations with catch basin and retention basin sizing for the proposed drainage system- This report will complement previous drainage studies prepared for the project. Prepare a Site Striping Plan for the project parking lot that identifies parldng lot striping, fire lane signage and striping, and disabled parking signage and striping. Prepare a Title Sheet with construction notes and earthwork quantities identified. Stantec will utilize site -specific shrinkage and subsidence recommendations from the Phase I geoteehnical report in performing the earthwork calculations. A preliminary estimate (one iteration) of the earth volume differential will be provided to the client. If Stantec is directed to achieve a "balanced site", Stantec will prepare a contract addendum to prepare additional earthwork iterations and coordinate grading concepts with the architect and landscape architect. Prepare a detail Sheet. Prepare a Fire Hydrant Location plan for presentation to local Lire authority - It is assumed that the Phase I storm drain connection to the Palm Valley Storm Channel will not be modified and that Stantec will not be required to process the grading plan through CVWD- Precise Grading Plan - 4 sheets Hydrology/Hydraulics Report —1 report 202 Sewer Improvement Plans Stantec will prepare sewer improvement plans at appropriate scale as required £or the Phase III development. This additional budget will be combined with the Phase 11 budget to provide one complete plan set for the Phase II/III sewer system- Tbese plans will be processed through CVWD. The proposed sewer will be shown in plan and profile. Sewer Improvement Plan - 3 or 4 sheets XAProposa1s15456 Entrada Del Paseo - Phase 111,Proposal-Mg.doc 01/13/2006 12:48 FAX 760 346 9368 TKC Palm Desert Q 003 SCOPE OF SERVICES AND FEE ENTRADA DEL PA,SEO — LA SPIGA (PHASE III) 203 Final Cost Estimates and Specifications Stantec will prepare final cost estimates for the improvements identified in the scope herein. This additional budget will be combined with the Phase U budget to provide one complete set of estimates and specifications for the Phase IUHI site. Stantec will prepare one set of specifications for bidding purposes, utilizing the Phase I specifications as a basis. Stantec may also prepare preliminary cost estimates as requested by the client_ 204 Proiect Management. Meetings and Coordination Stantec will prepare status updates periodically during processing of the precise grading, sewer and water plans, attend teamm meetings during the CD phase, and provide coordination (telephone, email, meetings) to facilitate the successful completion of the project_ Stantec has budgeted approximately 40 hours for this task. If additional project management is required, Stantec will prepare a contract addendum for the additional work for the client's approval. 300 CONSTRUCTION STAKING PHASE 301 Constrution Staking Stantec will provide construction staking for the additional improvements as identified on the approved conceptual site plan provided by Palm Desert RDA. Stantec will provide one: set of stakes for the Ph M area including rough grading, building pad certification., access road and parking lot improvements, sewer improvements and water. improvements. The breakdown is as follows-. • Streets Rough Grade/Curb and Gutter - $5,000 • Site Rough Grading - $4,000 • Site Parking Improvements - $2,000 • Sewer — $1,900 • Water — $1,900 Note that staking of the La Spiga building corners and site hardscape are not included. X:IProposals15456 Entrada Del Paseo - Phase IDProposal-IIIB.doc 01/13/2006 12:48 F.0 760 346 9368 TRC Palm Desert 0 004 SCOPE OF SERVICES AND FEE ENTRADA DES. PASEO — LA SPIGA (PHASE III) TASK DESCRIPTION Final Engineering and Construction Staking 201 Precise Grading and Drainage Plan (FIXED FEE) 202 Sewer Improvement Plans (FIXED FEE) 203 Final Cost Estimates and Specifications (FIXED FEE) 205 Project Management, Meetings and Coordination (FIRED FEE) 301 Construction Staldng (T&M) FEE $16,500.00 $7,500.00 $3,000.00 $4,000.00 $14.800.00 Subtotal $45,800.00 Miscellaneous Tasks as directed by client - e.g., site changes, revisions, etc_ (T&M) S5,000.00 Reimbursables (plots, printing, etc.) $2.000.00 ]PROJECT TOTAL $52,800.00 :dote: Assumptions and exclusions defined in the proposal for Phase II are to be utilized_ X_1Proposals15456 Entrada Del Paseo - Phase IPProposaI-I1-1B.doc 3 EXHIBIT B SCHEDULE NOTICE TO PROCEED FINAL DESIGN SUBMITTAL AGENCY REVIEW OF DESIGN SUBMITTAL FINAL DESIGN SUBMITTAL FOR PLAN CHECK CONSULTANT INCORPORATION OF PLAN CHECK COMMENTS AND SUBMITTAL FOR SECOND PLAN CHECK CONSULTANT INCORPORATION OF PLAN CHECK COMMENTS AND SUBMITTAL FOR THIRD PLAN CHECK (IF REQUIRED) CONSULTANT SUBMITTAL OF MYLARS AND ALL DOCUMENTS FOR BIDDING AND PERMITTING BID AND AWARD PERIOD CONSTRUCTION PERIOD DAY 0 (Approx. 6 Feb. 2006) 15 BUSINESS DAYS FROM NTP 5 BUSINESS DAYS 10 CALENDAR DAYS FROM RECEIPT OF AGENCY COMMENTS 10 CALENDAR DAYS FROM RECEIPT OF PLAN CHECK COMMENTS 5 BUSINESS DAYS FROM RECEIPT OF SECOND PLAN CHECK COMMENTS 3 BUSINESS DAYS AFTER RECEIPT OF THIRD PLAN CHECK COMMENTS APR — MAY 2006 JUN — AUG 2006 Stantec — Entrada/La Spiga 11 of 12 EXHIBIT C HOURLY RATES Hourly rates are as defined in attached "Stantec 2006 Fee Schedule Table 3". Stantec — Entrada/La Spiga 12 of 12 01 13/2006 12:48 FAX 760 346 9368 TSC Palm Desert Z 005 2006 Fee Schedule Table 3 1 $39 • Works under the supe vision of a senior professiona 2 $45 • Recent graduate from an appropriate post-secondaryprogram o' equivalent • Generally, less tan four years experience _ Junior -level position 3 $51 • Independently carries out assignments of limited scope using standaro procedures, methods and techniques 4 $57 - Assists senior staff in carrying out more advanced procedures 5 $63 • Completed work is rev.ewed for feasibility and soundness of judgment • Graduate from an apprcprate post -secondary program or equivalent • Generally, fou• years work experience Fully qualified professional position 5 $69 • Carries out assignments requiring general familiarity with<n a broad field o"he respective profession 7 $74 • Makes decisions by using a comb'ration of standard nethods and techniques 8 $81 • Actively oan'cipatas in planning to ensure the achievement of objectives • Worm independently to rrterprel i-iformation and resolve difficulties - Graduate -rom an appropriate post -secondary program, with credentials or equivalent •_Generally, six years experience First level supervisor or first complete level of specialization 2 $91 • Provides applied professional .knowledge and iritiative in planning and coordinating work programs 10 $101 • .Adapts established guidelines as necessary to address urusual issues 11 $110 • Decis•ons accepted as technicai y accurate, however may on occasion be reviewea for soundness of judgment • Graduate-frnm an appropriate postsecondary program, with credentials or equivalent - Generally nine years experience Highly -specialized technical professional or supervisor of groups of professionals 12 $122 Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise 13 $133 • Participates in short and long range planning to ensure the achievement of objectives 14 $144 Makes responsible decisions on all matters, including policy recommendations, work methods, and financial controls associated with large expenditures • Reviews and evaluates technical work • Graduate from an appropriate post-secoidary program; with credentials or equ'valent • Generally, ten years experience with extensive, broad experience Senior level consultant or management function 15 $154 • Recognized as an authority in a specific field On qualifications of significant value 16 $168 • Provides multidiscipline kncwledge to deliver innovative solutions In related field of expertise 17 $182 - Independently =nceives crograms and problems for investigation • Participates in discussions td ensure the achievement of program andior project objectives - Makes responsible dec'sions on expenditures. including large sums or implementation o`. major programs andior pr*cts • Graduate frorr an appropriate post -secondary program, with credentials or equivalent • 3enerally, fifteen years experience with extensive professional and management experience Senior level management position under review by Vice President or higher 18 $207 - Recognized as an authority in a specific field vrith qualifications of significant value 19 $233 • Responsible for long range planning within a specific area of practice cr region • Makes decisions which are far reachi-ig and limited only ny objectives and policies of the organization •=fanslapproves projects requiring signif-oanc human resources or capital investment • Graduate from ar appropriate post -secondary program, with credentials or equivalent • Generally, ffteer years experience with extersive professional and management experience 5175 1-Person Crew 5u'vey crews $200 2-Persor Crew $235 3-Ferso-1 C!ew :P1�.1115pvr:n m6,.k.dVEE SCHEDUU S1Sum eel) 21WO T; N. )A-