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HomeMy WebLinkAboutSR - R24310A - Alessandro Alley ImprvmntsContract. No. R24310A PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: AUTHORIZE AWARD OF PROFESSIONAL SERVICES CONTRACT NO. R- 24310A TO OVERLAND, PACIFIC & CUTLER, INC. FOR ACQUISITION, RELOCATION AND COORDINATION SERVICES FOR THE PROPOSED ALESSANDRO ALLEY IMPROVEMENTS FROM: BRYCE LYNN WHITE, PROJECT ADMINISTRATOR CONSULTANT: OVERLAND, PACIFIC & CUTLER, INC. 41555 COOK ST., STE. 250 PALM DESERT, CA 92260 DATE: NOVEMBER 16, 2006 CONTENTS: OVERLAND, PACIFIC & CUTLER, INC. PROPOSAL CONTRACT NO. R- 24310A Recommendation: By Minute Motion, that the Agency Board: Authorize award of Professional Services Contract No. R- 24310A to Overland, Pacific & Cutler, Inc. in the not -to -exceed amount of $82,400 for acquisition, relocation, and coordination services for the proposed Alessandro Alley Improvements; 2. Authorize the Director of Finance to set aside an additional amount of $8,240 as 10% contingency (use of contingency requires additional action); and 3. Authorize Chairman to execute said contract. Funds are available in Account No. 850-4341-433-4001. Executive Summary: The proposed Alessandro Alley improvements will involve property acquisition, relocation, and coordination of these activities prior to construction. Approval of the staff recommendation will retain a firm that specializes in acquisition and relocation for public projects to perform these necessary professional services for this project. Discussion: The proposed Alessandro Alley Project includes the alley behind the commercial properties on the north side of Highway 111 from Las Palmas Avenue to approximately 300 feet east of Monterey Avenue. The proposed improvements will widen the right-of-way by an additional 26.5 feet, providing a 24-foot wide alley roadway and parking. The balance of the right-of-way Contract No. R24310A Staff Report Authorize award of Contract No. R- to Overland, Pacific & Cutler, Inc. for acquisition, relocation and coordination services for proposed Alessandro Alley Improvements Page 2 of 2 November 16, 2006 design along the north side of the proposed Alessandro Alley contains parking spaces set at a perpendicular 900 angle bordered by landscaping, with an eight -foot high slumpstone block wall providing a barrier between the alley and the adjoining residential properties. The proposed project would also eliminate the portion of San Marcos Street between the alley and San Clemente Circle, and construct in its place a through pedestrian path with bordering landscape improvements. The commercial property owners that adjoin the south side of the Alessandro Alley have voted to approve formation of an assessment district to maintain the proposed Alessandro Alley Improvements. The proposed widening and improvements will also require the acquisition of some private property to accomplish the project. On October 16, 2006, staff held an informational meeting for the residential property owners that adjoin the north side of the Alessandro Alley. Overland, Pacific & Cutler provided a proposal for right-of-way acquisition and relocation services required for the proposed project. They are available to devote immediate attention to this project; they have available personnel who are ideally suited for this project; they are thoroughly knowledgeable with this area and housing market; and they have an office in Palm Desert. The acquisition activities include negotiation with each property owner and coordination of the activities of outside firms in the process of acquisition. The relocation activities include preparation of a Relocation Plan, Replacement Housing Plan, and relocation services. Additional services for project planning and management are included as necessary. Staff recommends authorization to award a professional services contract to Overland, Pacific & Cutler, Inc. in the not -to -exceed amount of $82,400 for acquisition, relocation and coordination services for the proposed Alessandro Alley Improvements, and authorize Chairman to execute said contract. Department Head: Dave Yrigoyen ` Director of Redevelopment/Housing Approval: I in cCarthy, ACM Redev pment Paul S. Gibson, Director of Finance ' o� . BY RDA ON 1 I — 1 CQ — O(P Carlos L. Orteg xecutive Director VERIFIED BY-12OV' I1 Original on file with City Cler s Office G RDA\Maria HuntkWPDATA\HOUSING\WHli E\stfrpls\111606ove,' and pacc(icculleragm doc AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this 161h day of November, 2006, ("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY ("Agency") and OVERLAND, PACIFIC & CUTLER, INC., 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 consulting services in connection with the ALESSANDRO ALLEY IMPROVEMENT 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 Consultant Representative shall be BOB STODDARD ("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. Professional Services Agreement - Agency - VA Services by Agency: 2.1 Aoencv Representative. For the purposes of this Agreement, the Agency Representative shall be BRYCE WHITE, or such other person designated by the Agency's Executive Director ("Agency Representative"). 2.2 Provision of Data. All information, data, reports and records and maps as are existing and available from the Agency and necessary for the carryings out of the work outlined in Exhibit "A" hereof shall be furnished to Consultant without charge by Agency, and Agency shall cooperate in every way reasonable in the carrying out of the work without delay. 2.3 Proiect Budget. The Agency shall provide a budget for the project that shall include contingencies for bidding, changes during construction, and other costs which are the responsibility of the Agency. 2.4 Tests and Inspection. The Agency shall furnish structural, mechanical, chemical, and other laboratory tests, inspections, and reports as required by law or the contract documents, provided however that the Consultant shall advise the Agency in advance of the necessity of such tests and inspections, and shall coordinate and cooperate with the testing and inspection agencies, if any, at no additional cost to the Agency. 3. Consultant's Scope of Work. Upon delivery by Agency to Consultant of a written Notice to Proceed, Consultant shall immediately commence work pursuant to this Agreement. Consultant's scope of work shall consist of the services in Exhibit A appended to this Agreement. 3.1 Reporting & Record Keepinq. To assist Agency in the performance of its planning, reporting, and financial administration obligations, Consultant shall, throughout the term of this Agreement, keep Agency reasonably informed of progress on work required under this Agreement, and of any problems or delays, anticipated or otherwise, associated with each aspect of the work. Consultant shall promptly respond to any request by Agency for information, progress reports, or documentation. Consultant shall maintain accurate records of all work performed for each Assignment under this Agreement, including but not limited to originals or copies, as applicable, of all deliverable documents described in Exhibit A. Upon the completion of work, and if requested by the Agency, Consultant shall deliver to Agency the originals of all renderings, models, or documentation produced, and may retain copies of such documentation, at Consultant's election. 3.2 Compliance with Laws. Consultant shall at all times possess any and all licenses and permits necessary to provide the services herein, and shall comply with applicable federal, state and local laws, ordinances, codes and regulations in the performance of this Agreement, and with all applicable with any applicable City of Palm Desert policies and guidelines. 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 $82,400 ($72,400 Acquisition & Relocation Services, and $10,000 Project, Planning & Mgt on T&M hourly basis) 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 $ 0.00 for this project. 5.4 Extraordinary Expenses/Costs. No claims for additional services, expenses or costs incurred by Consultant will be allowed unless such additional services, expenses or costs are authorized by Agency in writing prior to the performance or incurrence of such services, expenses or costs. Any additional services, expenses or costs authorized by Agency shall be compensated at rates mutually agreed upon by the Parties in writing. 6. Method of Payment. 6.1 Invoices. Consultant shall submit to Agency invoices each month for all services, if any, completed, and all expenses or costs incurred pursuant to this Agreement during the preceding month. The invoices shall describe the services rendered during the period and shall show the number of hours worked, the hourly rates charged, and any milestone achievements. Copies of receipts for expenses or costs shall be submitted with each invoice. Agency shall review such invoices and notify Consultant in writing within fifteen (15) calendar days of any disputed amounts. 6.2 Pavment. Agency shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the maximum amounts set forth in Section 5. 3 6.3 Audit of Records. At any time during regular working hours, all records, invoices, time cards, cost control sheets and other records maintained by Consultant shall be available for review and audit by the Agency. 7. Ownership of Work Product. 7.1 Propertv of Aqencv. All documents including but not limited to plans, bids, proposals, correspondence, permits, certificates, contracts, change orders, invoices, receipts, reports, analyses or other written material developed or obtained by Consultant in the performance of this Agreement, including any and all intellectual property rights arising therefrom ("Work Product"), shall be and remain the property of Agency without restriction or limitation upon its use or dissemination by Agency. Promptly upon the completion of each Assignment, or at any other time upon reasonable notice to Consultant by Agency, Consultant shall deliver all Work Product to Agency. 7.2 Re -Use of Work Product. Agency and Consultant agree that all documents, other than invoices, prepared by Consultant pursuant to this Agreement shall be used exclusively for the subject project, and shall not be used for any other work without the mutual agreement of the Parties. Such material shall not be the subject of a copyright application by Consultant. In the event Consultant permits the re -use or other use of such Work Product, Agency shall require the party using them to indemnify and hold harmless Agency and Consultant regarding such re -use or other use, and Agency shall require the party using them to eliminate any and all references to Consultant from such Work Product. In the event Agency re -uses such Work Product on any project other than the project for which they were prepared, such re -use shall be at the sole risk of Agency unless Agency compensates Consultant for such reuse. 8. Conflict of Interest/Prohibited Conduct and Interests 8.1 Conflict of Interest. Consultant and its officers, employees, associates and sub consultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant shall retain the right to perform similar services for other clients, but Consultant and its officers, employees, associates and sub consultants shall not, without the prior written approval of the Agency Executive Director, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or sub consultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 8.2 No Solicitation. Consultant, on behalf of itself and its officers, employees, agents and representatives, warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or 4 violation of this warranty, Agency shall have the right to terminate this Agreement without notice or liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8.3 No Financial Interest - Apencv. No officer, member or employee of Agency during his or her tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and agree that to their knowledge no member of the Agency Board, or officer or employee of Agency, has any interest, whether contractual, non -contractual, financial or otherwise, in this Agreement, or the subject matter thereof, nor any business or financial relationship with Consultant, and that if any such interest comes to the knowledge of either Party at any time a full and complete disclosure of all such information will be made in writing to the other Party or Parties, even if such interest would not be considered a conflict of interest under applicable laws. 8.4 No Financial Interest — Consultant. Consultant hereby covenants, on behalf of itself, and its officers, employees, agents and representatives, that at the time of executing this Agreement it has no interest, and that it shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by Consultant. At no time during the term of this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on Consultant's behalf, accept anything of value from any contractor or subcontractor performing services in connection with the project. 9. Indemnification. Other than in the performance of professional services and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold the City, Agency, and City's and Agency's elected officials, officers, employees, agents and volunteers free and harmless from and against all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney's fees, court costs, and expert witness fees incurred by City or Agency, arising out of or in any way connected with, in whole or in part, the acts or omissions of Consultant, or any of Consultant's officers, agents, employees or contractors, in the performance of this Agreement, including but not limited to, claims, suits and liabilities for bodily injury, death or property damage to any individual or entity, including employees or officials of Consultant. The provisions of this paragraph shall not apply to claims arising out of the sole negligence or willful misconduct of City or Agency, any of City's or Agency's elected officials, officers, employees or agents. In addition to the foregoing, Consultant shall indemnify, protect, defend and hold harmless the Agency and the City of Palm Desert, their officials, employees, agents and representatives from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of the Consultant, its officers, agents, employees or subConsultants (or any entity or individual that the Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. 1.1 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 $1,000,600 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, 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: Bryce White Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 341-6372 Consultant: Bob Stoddard Overland, Pacific & Cutler, Inc. 41555 Cook Street, Suite 250 Palm Desert, CA 92260 Tel: (760) 776-1238 Fax: (760) 776-1636 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. 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 9 references to Sections ace to this Agreement. All exhibits to this Agreement are hereby incorporated by reference. 25. In case of conflicts within the contract documents, the document precedence shall be as follows: (a) This Agreement (b) Exhibit A -- Scope of Services (c) Exhibit B — Hourly Rates IN WITNESS WHEREOF, said parties have executed this Agreement effective as of the Effective Date above. CONSULTANT OVERLAND, PACIFIC & CUTLER, INC. By: Its: By: Its: PALM DESERT REDEVELOPMENT AGENCY Jim Ferguson, Chairman ATTEST: Rachelle D. Klassen, Secretary APPROVED AS TO FORM Dave Erwin, City Attorney 4 EXHIBIT A SCOPE OF SERVICES 10 41555 Cook Street Sulte 250, Palm Desert, CA 92260 phone: (760)776-1238,fax: (760)776-1636 October 3, 2006 Bryce White Sent Via Electronic E-mail Project Administrator Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, CA 92260 Subject: Right of Way Acquisition & Relocation Services Alessandro Alley Widening & Improvement Project — City of Palm Desert Dear Bryce, Thank you for allowing us to provide this proposal for right-of-way acquisition and relocation services related to the above -mentioned project. This letter is our proposal to the Palm Desert Redevelopment Agency ("Agency") and serves as our letter of commitment to perform the services described herein. Proiect Understanding: The Agency desires to acquire right of way on 18 parcels (17 ownerships identified) for the Alessandro Alley Widening & Improvement Project and anticipates displacing four (4) residential households, consisting of one single-family residence, with a commercial business, and three residential households of a triplex. The services we propose to provide to the Agency are Right of Way Acquisition, Relocation and Coordination. Scone of Work: Acquisition activities include preparation of all offers to purchase, including statements of just compensation and appraisal summaries; presenting each owner with the Agency's offer to purchase the needed right of way; conducting integrative negotiations with each property owner or representative to identify issues and barriers to reaching settlements (if any); preparing and modifying (as necessary) all right of way agreements, deeds, and escrow instructions; coordinating the escrow activities; providing the Agency Attorney with a complete acquisition/negotiation package to assist in the condemnation action; providing regular status reports of progress; and attending regular management meetings as deemed necessary. Relocation activities include the preparation of the Relocation Plan to address both business and residential concerns as required by state and/or federal guidelines; preparation of the Replacement Housing Plan, if required,; preparation and delivery of informational materials, brochures and required notices; interviews to ascertain relocation requirements and benefits; research to identify suitable relocation sites and referrals to same; claims preparation; DS&S inspections; and advisory services. Proiect Fees: Overland, Pacific & Cutler's project fees are quoted on a fixed fee basis and will be billed monthly based on the percentage of the work completed. The individual components of our fixed fee are as follows: Mr. Bryce White October 3, 2006 Page 2 of 3 Acquisition Services (17 parcels @ $3200) $ 54,400 Relocation Plan (Model Relocation Plan) $ 2,500 Relocation Services (4 households @ $3000) $ 12,000 Relocation Services (1 business @ $3500) $ 3.500 Total $ 72,400 Project, Planning & Mgt (T&M hourly basis)* $ 10,000 *Project, Planning & Management fee will be billed on a time and material basis only with an amount not to exceed. We would use this time only for Agency staff meetings, PDT meetings, Community meetings, Council meetings, Right of Way Project management tasks, Agency, title and appraisal coordination. Limitations on fixed fee services: • Agency will supply us with appraisal reports and title reports. • Agency will supply us with legal descriptions, plat maps and RNV engineering and construction drawings. • Acquisition fee does not include extended negotiations or coordination beyond 35 hours. Extended negotiations and coordination will be invoiced on a time and materials basis at our current hourly rates. • Additional acquisition parcels identified in this project will be billed at our contract rate. • The basic residential rate does not include extra efforts required to deal with hostile displacees, or extreme or unique situations requiring more than 35 hours for any individual case. Extended referrals, coordination, processing, or management will be invoiced separately on a time and materials basis at our current hourly rates after notice to the Agency. • The basic commercial rate does not include extra efforts required to deal with hostile displacees, or extreme or unique situations requiring more than 45 hours for any individual case. Extended referrals, coordination, processing, or management will be invoiced separately on a time and materials basis at our current hourly rates after notice to the Agency • Additional commercial businesses, residential households and "in -home" businesses will be invoiced separately at our current relocation service fees. Mr. Bryce White October 3, 2006 Page 3 of 3 Upon receipt of written authorization to proceed, I will initiate the acquisition and relocation process. Please call if you have questions. It is a pleasure to be of assistance to the Palm Desert Redevelopment Agency. Sincerely, Overland, Pacific & Cutler, Inc. Z�'� --- Bob Stoddard Acquisition Project Manager EXHIBIT B HOURLY RATES 11 2006 SCHEDULE OF HOURLY RATES OVERLAND, PACIFIC & CUTLER, INC. Corporate Officer/Regional Manager $175.00 per hour Regional Manager $135.00 per hour Sr. Project Manager $120.00 per hour Project Manager $110.00 per hour Senior Acquisition/Relocation Consultant $100.00 per hour Acquisition/Relocation Consultant/Analyst $85.00 per hour Real Estate Technician/Escrow Officer/Project Support $60.00 per hour Secretarial/Clerical $40.00 per hour The firm considers mileage, photocopying, postage, telephone, facsimile and cellular communication charges as a normal part of doing business. These charges are included in the stated hourly rates. Out- of-pocket expenses, including pre -approved travel and lodging, outside exhibit preparation, requested overnight courier charges, and specialty reproduction will be charged at cost plus 10% to cover administration, coordination and handling. Subcontracted services (other than those listed above) will be invoiced at cost plus 10%. Any consulting services or advise necessary for appeal, or to support litigation, such as depositions, pre- trial research and court testimony, are not part of our normal fees and shall be invoiced at two times our hourly rates.