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HomeMy WebLinkAboutSR - R25790 - Country Village AptsR25790 PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: RATIFICATION OF PROFESSIONAL SERVICES AGREEMENT FOR ALTA SURVEY AND TOPOGRAPHIC SURVEY OF 2.63- ACRE PARCEL ADJACENT TO COUNTRY VILLAGE APARTMENTS SUBMITTED BY: LAURI AYLAIAN, REDEVELOPMENT MANAGER CONSULTANT: DUDEK ENGINEERING + ENVIRONMENTAL 75-150 SHERYL AVENUE PALM DESERT CA 92211 DATE: SEPTEMBER 28, 2006 CONTENTS: SITE MAP PROFESSIONAL SERVICES AGREEMENT Recommendation: By Minute Motion, that the Agency Board ratify professional services agreement with Dudek Engineering + Environmental in the amount of $14,800 plus $500 in reimbursable expenses for performing an ALTA Survey and aerial topographical survey of Assessor Parcel Nos. 637-170-003, -004, and —007. Funds are available in Account No. 870-4195-466-3092. Executive Summarv: Approval of the staff recommendation ratifies an agreement executed by the Executive Director of the Agency for certain civil engineering and surveying services necessary to begin site planning for a 2.63-acre parcel that the Agency seeks to acquire adjacent to the Country Village Apartment complex. Discussion: The Agency is negotiating with the owner of three parcels totaling 2.63 acres adjacent to the Country Village Apartment complex in an attempt to acquire said property for future use as part of an affordable housing project. In order to identify constraints relative to future development on the property, the Agency needs an ALTA survey and topographic survey of the three parcels. As such, Agency staff selected a firm from the 2006 Master List of pre -qualified consultants for survey work, and negotiated an agreement for procuring the necessary professional services. The Agency's Executive R25790 Staff Report Ratification of Dudek Engineering + Environmental for Alta Survey/Topographic Survey of 2.63-acre Adjacent to Country Village Apartments Page 2 of 2 September 28, 2006 Director executed the agreement, as is in accordance with the authority granted him by Sections 3.32.090 and 3.30.270 of the Palm Desert Municipal Code. This agreement is hereby presented to the Agency Board for ratification consistent with the procedures approved on 12 January 2006. Submitted by: Lauri Aylaia`n Redevelopment Manager mh App valcCC vearthy, AlopmentA -4 Carlos L. Ortega, ecutive Director Department Head: ego(e Director of de velopment/Housing Paul S. Gibson, Director of Finance t BY RDA ON VERIFIED BY Original on file with City Cler 's Office GARDA\Maria Hunt\WPDATAtAYLAIAN\STFRPTSt092806DudekAgm.doc D I 4 O r o i►''� f li 1 A .. � O� O� b�� �� JQ 'i• � p oCe< a G/ s k � o qz Qom u .r,n. OM. ..t 1 / 1 i 1 1 1�•1 / Z,��•ep``,}en�2� �o y •.3�us ` - g40Z-5� AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this day of September 2006, ("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY ("Agency") and DUDEK ENGINEERING + ENVIRONMENTAL, 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 2.63-acre ALTA Survev and Topographic Survev of APN 637-170-003, -004, -007 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: Consultant's Services, 1.1 Nature of Services. Consultant shall provide professional and technical services on a non-exclusive basis, as more particularly described in Section 3, below, and in Exhibit A, Scope of Services. 1.2 Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its direct supervision, and all personnel engaged in the work shall be qualified, and shall be authorized or permitted under state and local law to perform such services. 1.3 Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to Agency. 1.4 Consultant Representative. For the purposes of this Agreement, the registered architect, engineer, or landscape architect who will serve as the Consultant Representative shall be J. J. Soneii, P.E. ("Consultant Representative"). 1.5 Time of Commencement. The execution of this Agreement by the Agency constitutes an authorization to proceed. No separate written Notice to Proceed shall be issued by the Agency Representative. 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 within 45 calendar days of signed approval of the September 1, 2006 Consultant proposal. 2. Services by Agency: 2.1 Aaencv 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. 3. Consultant's Scope of Work. Upon delivery by Agency to Consultant of a written Notice to Proceed, Consultant shall immediately commence work pursuant to this Agreement. Consultant's scope of work shall consist of the services in Exhibit A appended to this Agreement. 3.1 Reoortina & Record Keeoinq. 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 $14,800 for the basic services described in Exhibit A. Payment shall be made upon presentation of an invoice at the completion of all services. The not -to - exceed fee shall not be exceeded without written agreement between the parties. a 5.2 Additional Services: Additional services beyond those described in Exhibit A shall be reimbursed on a time -spent 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 fifteen percent (15%), subject to the limitation given below, for expenses incurred on behalf of the project for long distance telephone calls, reproduction, express delivery and courier services, postage, out-of-town travel if pre -approved in writing by the Agency Representative, and other expenses directly attributable to the project and expressly approved by the Agency Representative. Reimbursable expenses, including Consultant's mark-up, shall not exceed 500 for this project. 5.4 Extraordinary Expenses/Costs. No claims for additional services, expenses or costs incurred by Consultant will be allowed unless such additional services, expenses or costs are authorized by Agency in writing prior to the performance or incurrence of such services, expenses or costs. Any additional services, expenses or costs authorized by Agency shall be compensated at rates mutually agreed upon by the Parties in writing. 6. Method of Payment. 6.1 Invoices. Consultant shall submit to Agency invoices each month for all services, if any, completed, and all expenses or costs incurred pursuant to this Agreement during the preceding month. The invoices shall describe the services rendered during the period and shall show the number of hours worked, the hourly rates charged, and any milestone achievements. Copies of receipts for expenses or costs shall be submitted with each invoice. Agency shall review such invoices and notify Consultant in writing within fifteen (15) calendar days of any disputed amounts. 6.2 Pavment. Agency shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the maximum amounts set forth in Section 5. 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. 3 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 reuse or other use of such Work Product, Agency shall require the party using them to indemnify and hold harmless Agency and Consultant regarding such reuse 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 reuse 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 subconsultants shall not, without the prior written approval of the Agency Executive Director, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or sub consultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 8.2 No Solicitation. Consultant, on behalf of itself and its officers, employees, agents and representatives, warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Agency shall have the right to terminate this Agreement without notice or liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8.3 No Financial Interest - 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. 4 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. 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 emplover'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, 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 6 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: Lauri Aylaian, Redevelopment Manager Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 341-6372 Consultant: Dudek Engineering + Environmental 75-150 Sheryl Avenue Palm Desert, California 92211 Tel: (760) 341-6660 Fax: (760) 346-6118 Attn: J. J. Soneji, P.E. 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 references to Sections ace to this Agreement. All exhibits to this Agreement are hereby incorporated by reference. 8 IN WITNESS WHEREOF, said parties have executed this Agreement effective as of the Effective Date above. DUDEK ENGINEERING + ENVIRONMENTAL By: Its: PALM DESERT REDEVELOPMENT AGENCY Carlos L. Ortega, Executive Director ATTEST: Rachelle D. Klassen, Secretary State of California } )SS. County of } On , , before me, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature DESCRIPTION OF ATTACHED DOCUMENT: (TITLE OR TYPE OF DOCUMENT) (NUMBER OF PAGES) (DATE OF DOCUMENT) (SIGNER(S) OTHER THAN NAMED ABOVE) (seal) Right Thumbprint of Signer (Optional) EXHIBIT A SCOPE OF SERVICES (Refer to Attached Proposal Dated 1 September 2006 from Dudek Engineering + Environmental) 10 SEP. 1. 2006 1:30PM DUDEK AND ASSOC NO. 1982 P. 2 DUDEK 75 150 5HCRYL AVENUE PAI M lil-ti( (.l, C:AI II OWNIA 4'I') I I 1 160-141,6660 F 760.346.6111 September 1, 2006 #206246 Revised Ms. Lauri Aylaian Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert California 92260 Subject: A.P-N. 637-170-003, -004, & -007 Dear Lauri, As per our communication on August 22, 2006, Dudek & Associates, Inc., is pleased to submit the following proposal for A.L.T.A. Survey for the subject parcels. PROJECT DESCRIPTION The project is located in Section 13, Township 5 South, Range 6 East, San Bernardino Base and Meridian, more particularly west of Washington Street and southerly of Avenue of the States, The project site is located on three (3) parcels and it is our understanding that the Palm Desert Redevelopment Agency is the title owner for all three (3) parcels, Thus the A,L.T,A. Survey items will be limited to the perimeter property lines only and internal boundaries will be a non - issue for encroachments, etc. There are some structures on the site and heavy vegetation on most of the property. The request for proposal includes the following: 1. A.L.T.A. Survey - The 2005 Minimum Standard detail Requirements for ALTA/ACSM Title Surveys as adopted by the American Land Title Association and National Society of Professional Surveyors. 2, Topographic survey using aerial photogrammetry. SCOPE OF SERVICES 1. A.L.T.A- Survey A. Dudek will obtain all records, documents and maps as referenced in the latest Title Report for the properties, provided by your title company. These records will be reviewed and compiled to form the basis for mapping and field survey. WWW.UUr)F-K.M SEP• 1, 2006 1:30PM DliDEK AND ASSOC NO. 1982 P. 3 Ms. Lauri Aylaian #206246 Palm Desert Redevelopment Agency September 1, 2006 Page 2 B. Dudek will perform a field survey to locate and identify all found survey monuments sufficient to identify the property boundary, Dudek will also locate all above ground structures such as pavement, power lines, fences and other physical features possibly affecting the land. Dudek will locate and identify all encroachments onto and extending over any property line, and indicate its apparent ownership and/or use if ascertainable. C. Dudek will provide a map showing the completed survey, meeting the minimum standard requirements for the A.L.T.A./A.C.S.M. Land Title Survey. Copies of the completed survey will be provided to the client, owner, and the title company for their review and use. Our Fee: $9,800.00 2. Topographic Survey Dudek will conduct additional field survey sufficient to provide control for aerial topographic survey and photogrammetric mapping. The topography will be at 1" = 40' scale with 1 foot contours and critical spot elevations. The photogrammetry will be completed in digital format, making it useable for further planning and engineering applications. The photogrammetric mapping results will be incorporated into the A.L.T.A. Survey. Our Fee: $5,000.00 PROFESSIONAL FEES Our professional fees for the Scope of Services defined above will be as follows: 1. A.L .T.A. Survey...................................................................................................$9,800.00 2. Topographic Survey.............................................................................................$5,000.00 The subject fees are subject to adjustment at the end of each calendar year as Dudek adjusts their professional rates. Our fees as proposed are fixed for the identified Scope of Services. Should material differences develop prior to or during the performance of the work, the affected portions of the proposal may require reconsideration of the Scope of Services and/or fees. This proposal is valid if accepted and signed by the Client and engineering work proceeds within the next 30 calendar days. Our invoice is due when presented. 75.150 Sheryl Avenue, Palm Desert, Caldomia 92211 (760) 341-SW / (760) 346.6118 fax SPP, 1, 2006 1:31PM DUDEK AND ASSOC NO. 1982 P. 4 Ms. Lauri Aylaian #206246 Palm Desert Redevelopment Agency September 1, 2006 Page 3 Attached is Special Provision, Exhibit "A" by reference here and made apart of this proposal. Upon your approval/signature to this proposal, we will follow with the Dudek Standard Agreement between Client and Consultant. The Client will pay all governmental fees and reimburse engineer for all reimbursable expenses. Thank you for considering us for this professional service and we look forward to working with you and your team on this project. Very tz�y ours, Approved b Signature �xec� I t�v2 D; recfin � Title J. J. Soneji, P.E. 57. 5Pf, :ZM6 Principal Date JJS:km 75-150 Sheryl Avenue, Palm Desert, California 92211 (760) 341.6660 / (760) W-811 S tax SEP, 1. 200' 1; 31PM DUDEK AND ASSOC N0, 1982 P. 5 IEXHIM "A" SPECIAL PROVISIONS 1. Client will furnish a report of soils and geology investigation, if needed, (by others) to include sufficient information and investigations to apply to grading and earthwork estimation factors. 2. Client will furnish a current Preliminary Title Report, if required by the city, covering the land, to include disclosure of encumbrances and copies of the subject documents therefore as determined necessary by the engineer. 3. Client will coordinate, process, and provide design plans from utility servicing agencies for electrical, telephone, gas, and cable television, consultant will submit his design plans prepared hereunder to the agencies for design purposes. 4. No provision is incorporated into the proposed Scope of Services for major facilities upgrade of existing water, sewer, or drainage service deficiencies such as domestic water and fire flow requirements, pump stations, or storm drains if required for the project, other than as is provided herein. 5. The following items are NOT included as part of Scope of Services: a. Electrical, gas, telephone, and cable television design. b. Soils engineering, geological, archaeological or paleontologist work, or other environmental work. c. Traffic signalization, controls, plans, or studies. d. Changes to plans or mapping once accomplished, where such changes are caused by the Client or change in issuance of condition of approval of tentative map, e. Cost of providing and setting of governing agency standards survey monument wells is Client's responsibility. We shall provide a separate contract to include providing location for the contractor to set the well per city standards. f. Retaining wall design and calculation. g. Landscape and landscape features. h. Existing utilities pot holes. i. Architecture and architectural features. b. Any items of work by consultant not specifically included, or charges and extra work which may be required by Client, shall be authorized by Client in writing prior to consultant's commencement and will be accomplished at consultant's effective Standard Schedule of Charges, attached. 7. Cost for reproductions, governmental agency fees and charges, Client's other project consultant's fees or charges and any other project costs are not included in consultant's fee for services and will be the Client's responsibility. Should consultant incur reproduction charges, or advance governmental agency fees on behalf of the client for expediting the project Scope of Services, then the Client will be billed for such costs plus fifteen percent (15%). WWW.D0r)FK.C.0M