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HomeMy WebLinkAboutContract 1501 AGREEMENT FOR DESIGN PROFESSIONAL SERVICES BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CATHEDRAL CITY AND VAN SURVEYING THIS AGREEMENT, is made and entered into this 14 day of September, 2011, by and between the Redevelopment Agency of the Cathedral City, a public entity, corporate and politic located in the County of Riverside, State of California, hereinafter referred to as the "Agency ", and Van Surveying hereinafter referred to as "Consultant ". RECITALS: WHEREAS, the Agency previously entered into that certain Disposition Development Agreement (the "DDA ") with M &M Property Company LLC, a California limited liability company ( "Developer ") wherein the Agency agreed to transfer certain real property located within the duly established 2006 Cathedral City Merged Redevelopment Project Area to Developer and Developer agreed to develop the same pursuant to the terms and conditions of the DDA; and WHEREAS, pursuant to the DDA, the Agency and Developer acknowledge that the transference of property will require a parcel map, which will be processed by the Agency as expeditiously as possible, and which shall be entirely paid for by the Agency; and WHEREAS, the Agency desires to retain Consultant to render professional survey and engineering services to prepare the parcel map required pursuant to the DDA in accordance with the City of Cathedral City's requirements, the Subdivision Map Act and the Land Surveyors Act of the State of California and provide the same for recordation; and WHEREAS, Consultant represents that it is specially trained, experienced and competent to perform the professional and technical services that will be required by this Agreement; and WHEREAS, Consultant possesses the skills, experience, ability, background, certification and knowledge to provide the professional and technical services described by this Agreement on the terms and conditions described therein. Now therefore, in consideration of the covenants, conditions and promises contained herein, the parties agree as follows: Section 1 . SCOPE OF SERVICES. A. Consultant shall provide to the Agency those services as set forth in the "Scope of Services ", attached hereto as Exhibit "A ", and incorporated herein by this reference. B. Consultant shall perform said services at the place and in the manner specified in Exhibit "A ", subject to the direction of the Agency through its staff and in a manner satisfactory to the Agency and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. Section 2 . PERFORMANCE SCHEDULE Consultant shall perform those services set forth in the Scope of Services pursuant to the "Performance Schedule" attached hereto as Exhibit "B ", and incorporated herein by this reference as though set forth at length. Section 3 . COMPENSATION The Agency agrees to pay Consultant for and in consideration of the faithful performance of the consulting services and duties set forth in this Agreement, and Consultant agrees to accept from Agency, as and for compensation for the faithful performance of said services an amount not to exceed Thirty Five Thousand, Two Hundred Dollars and No Cents ($35,200), representing the following amounts and as more fully described in the "Schedule of Charges ", attached hereto as Exhibit "C ", and incorporated herein by this reference: 1) Thirty -Two Thousand Dollars and No Cents ($32,000.00) for the performance of the consulting services and duties set forth in this Agreement. The Agency and Consultant acknowledge and agree that this amount includes a deposit in an amount equal to Five Thousand Dollars and No Cents ($5,000.00). 2) Ten percent (10 %) contingency in the amount of Three Thousand Two Hundred Dollars and No Cents ($3,200.00). Section 4 . METHOD OF PAYMENT A. Consultant shall submit monthly billings to Agency describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, and a description of any reimbursable expenditures. Agency shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by Agency staff, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the Agency in accordance with the terms of this Agreement, provided further that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession 2 currently practicing in the same locality under similar conditions, and provided further that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. B. When payments made by Agency equal ninety percent of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by the Agency. C. The Consultant shall submit invoices under this Agreement to: James J. Cleary Redevelopment Agency of the City of Cathedral City 68 -700 Avenida Lalo Guerrero Cathedral City, CA 92234 Telephone: (760) 770 -0389 Facsimile: (760) 770 -0399 Section 5. EXTRA WORK At any time during the term of this Agreement, the Agency may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the Agency to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the Agency. Section 6. TERMINATION This Agreement may be terminated by the Agency immediately for cause. The Agency may terminate this Agreement without cause upon fifteen (15) calendar days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. Section 7. OWNERSHIP OF DOCUMENTS All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the Agency upon payment to Consultant for such work, and the Agency shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at their expense, provide such reports, plans, studies, documents and other writings to the Agency upon written request. 3 Section 8 . PROTECTION AND CORRECTION OF WORK A. Consultant shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages. B. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the Agency, when such inaccuracies are due to the fault of Consultant. Section 9 . CONFIDENTIALITY A. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the Agency, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. B. Consultant shall not use the name or insignia of the Agency's and /or the City of Cathedral City (the "City "), photographs relating to the project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the Agency and /or the City, as applicable. Section 10 . CONSULTANT'S BOOKS AND RECORDS A. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the Agency for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the Agency's Project Manager, Agency Counsel, Agency Auditor or a designated representative of these officers. Copies of such 4 documents shall be provided to the Agency for inspection at the Agency's offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicted for receipt of notices in this Agreement. D. Where the Agency has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, the Agency may, by written request of any of the above -named officers, require that custody of the records be given to the Agency and that the records and documents be maintained at the Agency's offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in- interest. Section 11 . INDEPENDENT CONTRACTOR'S STATUS: NOT AGENT OF AGENCY Consultant shall at all times during the term of this Agreement remain, as to the Agency, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor. Neither the Agency nor the City, nor any of their respective agents, shall have control over the conduct of Consultant or any of Consultant's employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the Agency and /or the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the Agency and /or the City. Consultant shall have no authority, expressed or implied, to act on behalf of the Agency and /or the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, expressed or implied, to bind the Agency and /or the City to any obligation whatsoever. Section 12 . REPRESENTATIONS AND ACKNOWLEDGMENTS REGARDING INDEPENDENT CONTRACTOR'S STATUS OF CONSULTANT A. Consultant represents and acknowledges the following: 1. The Agency is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement. 2. Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the Agency. 3. The services described in this Agreement can be performed without the use of Agency equipment, materials, tools or facilities. 5 4. Nothing in this Agreement shall be interpreted to imply that the Agency must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement. 5. The Agency will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. 6. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are "employees" of the Agency. B. The Agency represents and acknowledges the following: 1. Consultant is not required to comply with daily instructions from Agency staff with respect to when, where or how Consultant must perform the services set forth in this Agreement. 2. Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement. 3. The Agency will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement. 4. Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the Agency on a continuing basis after termination of this Agreement. 5. It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. 6. Consultant is not required to devote full time to the business operations of the Agency in order to perform the services set forth in this Agreement. 7. Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at the Agency's offices or on any property owned by either the Agency and /or the City. 8. Other than attendance at required public meetings and public hearings and complying with procedural requirements set forth by law, Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence. 9. Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest. 2 Section 13 . CONFLICTS OF INTEREST A. Consultant (including its principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: Does not make or participate in: (a) The making of any governmental decisions regarding approval of a rate, rule, or regulation, the adoption or enforcement of laws; (b) The issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement; (c) Authorizing the Agency to enter into, modify, or renew a contract; (d) Granting Agency approval to a contract that requires Agency approval and to which the Agency is a party, or to the specifications for such a contract; (e) Granting Agency approval to a plan, design, report, study, or similar item; (f) Adopting, or granting Agency approval of, policies, standards, or guidelines for the Agency or for any subdivision thereof. 2. Does not serve in a staff capacity with the Agency and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the Agency that would otherwise be performed by an individual holding a position specified in the Agency's Conflict of Interest Code or under Government Code Section 87302. C. In the event the Agency officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the Agency Secretary's Office pursuant to the written instructions provided by the Agency Secretary. D. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Agency shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the Agency and /or the City, during the term of his or her service with the Agency and /or the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Section 14 . PROFESSIONAL ABILITY; WARRANTY; FAMILIARITY WITH WORK A. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and /or business licenses, certifications and /or permits necessary for performing the services described in this Agreement, including a City of Cathedral City business license. B. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. C. By executing this Agreement, Consultant warrants that it: Has thoroughly investigated and considered the work to be performed; 2. Has investigated the issues, regarding the scope of services to be provided; 3. Has carefully considered how the work should be performed; and 4. Fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. D. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the Agency, it shall immediately inform the Agency of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Executive Director or appropriate Agency representative. Section 15 . COMPLIANCE WITH LAWS Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder. Section 16 . NONDISCRIMINATION A. Consultant shall comply with the City's employment related nondiscrimination policies as set forth in the Cathedral City Municipal Code, as it may be amended from time to time. B. Consultant acknowledges that the City's employment related nondiscrimination policies prohibit discrimination on the basis of an individual's sex, marital status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation, and domestic partner status. Section 17 . INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend (with independent counsel approved by the Agency) and hold harmless the Agency and /or the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Consultant or the acts or omissions of an employee, agent or subcontractor of the Consultant. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this section are not limited by the provisions of section 18 relating to insurance. Section 18 . INSURANCE REQUIREMENTS A. Policies Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies; 1. Workers' Compensation Coverage Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for its employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the Agency at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of 9 subrogation against the Agency and /or the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the Agency. This provision shall not apply if Consultant has no employees performing work under this Agreement. 2. General Liability Coverage Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage Consultant shall maintain automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Consultant arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) per occurrence. B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: 1. The Agency and /or the City and its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. 2. This policy shall be considered primary insurance with respect to the Agency and /or the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the Agency and /or the City, including any self - insured retention the Agency and /or the City may have, shall be considered excess insurance only and shall not contribute with it. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 10 4. The insurer waives all rights of subrogation against the Agency and /or the City, its elected or appointed officials, officers, employees or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Agency and /or the City, its elected or appointed officers, officials, employees, agents or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) calendar days' written notice has been received by the Agency. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by the Agency. At the Agency's option, Consultant shall demonstrate financial capability for payment of such deductibles or self - insured retentions. D. Certificates of Insurance Consultant shall provide certificates of insurance with original endorsements to the Agency and the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the Agency on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the Agency at all times during the term of this Agreement. Section 19 . NOTICES A. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows: To the Agency: James J. Cleary Redevelopment Agency of the City of Cathedral City 68 -700 Avenida Lalo Guerrero Cathedral City, CA 92234 Telephone: (760) 770 -0389 Facsimile: (760) 770 -0399 To Consultant: Steve J. Van Van Surveying 1775 E. Palm Canyon Drive Suite 100 -349 Palm Springs CA 92264 Telephone: (760) 323 -1047 Facsimile: (760) 323 -5060 11 B. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. Section 20 . ENTIRE AGREEMENT A. This Agreement supersedes any and all other agreements, either oral or written, between the Agency and Consultant with respect to the subject matter of this Agreement. B. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. C. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. Section 21 . MODIFICATIONS AND AMENDMENTS This Agreement may be modified or amended only by a written instrument signed by both parties. Section 22 . ASSIGNMENT AND SUBCONTRACTING A. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the Agency to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the Agency. B. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the Agency. If the Agency consents to such subcontract, Consultant shall be fully responsible to the Agency for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the Agency and subcontractor nor shall it create any obligation on the part of the Agency to pay or to see to the payment of any monies due to any such subcontractor other than as required by law. Section 23 WAIVER A. No waiver shall be binding, unless executed in writing by the party making the waiver. B. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. 12 C. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. Section 24 . SEVERABILITY If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein. Section 25 VENUE All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California. Section 26 . LITIGATION EXPENSES AND ATTORNEYS' FEES In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. Section 27 . TIME OF THE ESSENCE Time is of the essence in the performance of this Agreement. Section 28. NON - LIABILITY OF AGENCY AND /OR CITY OFFICERS AND EMPLOYEES No officer or employee of the Agency and /or City of Cathedral City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the Agency or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement. Section 29 . INTERPRETATION This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it. 13 Section 30 . CAPTIONS AND HEADINGS The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. Section 31 . GOVERNING LAW The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. Section 32 . CUMULATIVE REMEDIES Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. Section 33. NO THIRD PARTY BENEFICIARIES The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed. Section 34. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original. Section 35 . REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING AGREEMENT A. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. B. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent. 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. REDEVELOPMENT AGENCY OF THE CITY OF CATHEDRAL CITY, a public body, corporate and politic Y 1 �' (�r"xt� Executive Director Donald E. Bradley ATTEST By AWM Agency Secretary Pat Hammers APPROVED AS TO FORM: Green, de Bortnowsky & Quintanilla, LLP Agency Counsel VAN SURV men J. Van Its: Owner \OATH \0046- 47 /DOC /006 -2.doc 15 EXHIBIT "A" SCOPE OF SERVICES Consultant agrees to perform the following Scope of Services for PLANNING AND ENTITLEMENT SERVICES Task 1 — Tentative Map Prepare Tentative Map using the site plan as provided by others. Provide draft copy to Agency for review and comments. Minor revisions are acceptable and included in the initial fee. Revisions beyond the minor first draft comments can be provided on a time and materials basis. Task 2 — Planning Application Prepare Planning Application package and provide to Agency for review and comments. Incorporate revisions to application and submit to Planning Department. Revisions and additions after submittal can be provided on a time and materials basis. Task 3 — Assist with Environmental Documents If Environmental documents are required as part of the submittal package, we will coordinate with the client and other consultants to provide a complete application. Task 4 — Processing and Project Management Processing, project management and coordination will be provided during the Tentative Map Stage (from submittal through City Council action). This includes the following: ♦ Confer with Agency /City staff as necessary to facilitate staff review of entitlement request. ♦ Review conditions of approval with Agency /City staff as needed. ♦ Review final staff recommendations and advise Agency. ♦ Attend and assist Agency as needed at preliminary hearings and public hearing. Task 5 — Client Meetings Agency and /or team meetings related to the Tentative Parcel Map or as requested by the Agency. Task 6 — Final Parcel Map Prepare Final Map in accordance with the approval Tentative Map and Conditions of Approval. Existing and proposal easements will be included on the final map. Task 7 — Boundary /Aerial Topographic Survey A Boundary/Topographic Survey will be provided to locate existing centerlines, lot lines topographic features, utilities, and street improvements. Task 8 — Utilities & Easements Research Existing Utility Locations and Easements of Record to be shown on Tentative Parcel Map. Task 9 — Monumentation Set monuments as shown on approved Parcel Map. Task 10 — Processing of Conditions of Approval Prior to recording the Final Map, all of the Conditions of Approval will need to be addressed. We have included the clearance of the conditions specific to boundary, mapping, easements and right of way. Exclusions Consulting services relating to any of the following tasks may be completed by Consultant if negotiated under a separate contract for an additional fee; are presently specifically excluded from the Agreement. ♦ Other Planning Applications ♦ Agency Fees ♦ Environmental Impact Report ♦ Construction Staking ♦ Biological Studies ♦ Title Reports ♦ Archeological Studies ♦ Design Engineering ♦ Geotechnical Reports ♦ Traffic Studies EXHIBIT "B" PERFORMANCE SCHEDULE (Days shall be calendar days) (1) Within forty —five days (45) days of the approval of the Agreement by the Agency the Consultant shall have completed the boundary/aerial topographic survey, plot all utilities and easement, and prepare a tentative map ready for submittal to the City of Cathedral City Planning Department. (2) Consultant shall revise and resubmit tentative map within thirty (30) days of receipt of such comments from the Agency, City or other agencies. (3) Consultant shall prepare and submit Final Parcel Map within thirty (30) days of receipt of Approved Tentative Parcel Map and its Conditions of Approval. (4) Within thirty (30) days after recordation of the Final Parcel Map, Consultant shall set monuments pursuant to recorded Final Parcel Map. EXHIBIT "C" SCHEDULE OF CHARGES Agency agrees to compensate Consultant based on the fee schedule as follows. Consultant shall complete the work outlines above in accordance with the fees schedule and shall invoice Agency on a monthly basis on the percentage of completion. TASK DESCRIPTION FEE PLANNING AND ENTITLEMENTS Task 1 Tentative Map $5000 Task 2 Planning Application Package $1000 Task 3 Assistance with Environmental Documents $1000 Task 4 Processing and Project Management $2000 Task 5 Meetings $1500 SUBTOTAL: $10,500 SURVEYING AND MAPPING Task 6 Final Map $6500 Task 7 Boundary /Aerial Topographic Survey $7000 Task 8 Utilities & Easements $2000 Task 9 Monumentation $4500 Task 10 Processing Conditions of Approval $1500 SUBTOTAL: $21,500 TOTAL: $32,000 The proposed fee would include all labor, materials, and incidental expenses such as vehicle mileage, postage, toll calls, survey materials and CADD computer time. Not included are reproduction costs, title company charges, special mailing charges, application, and filing or permit fees. Non - contract services, if requested, would be charged hourly and include meetings, special data transfers or construction support services. Work will commence upon receipt of a signed copy of this Contract Agreement and a deposit in the amount of $5000.00, which will serve to acknowledge approval of the terms contained herein. Progress billings will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by Consultant.