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HomeMy WebLinkAboutContract 1500 - 500 G I NA l PROFESSIONAL. SERVICES AGREEMENT This Agreement is made and entered into as of the 10 of August, 2011, by and between the City of Cathedral City, a municipal corporation ( "City ") and N' Consulting, Inc., a corporation ( "NAI "): RECITALS A. NAI is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and B. NAI possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain NAI to render professional services as set forth in this Agreement. AGREEMENT SERVICES OF CONSULTANT 1. Scope of Services; Extra Work. A. NAI shall furnish the services described in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by this reference. NAI shall provide said services at the time, place, and in the manner specified in the Scope of Services. B. At any time during the term of this Agreement, City may request that NAI perform Extra Work. As used herein, Extra Work means any work that is determined by City to be necessary for the proper completion of the services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. NAI shall not perform, nor be compensated for, Extra Work without written authorization from City. NAI shall perform the Extra Work in the manner specified in the Scope of Services. 2. Familiarity with Work. A. NAI warrants that it has thoroughly investigated and considered the scope of services; has carefully considered how the services should be performed and fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Page 1 Professional Services Agreement B. If the services involve work upon any site, NAI warrants that it has, or will, investigate the site and is or will be fully acquainted with the existing conditions, prior to commencement of services hereunder. Should NAI discover any latent or unknown conditions that may materially affect the performance of the services hereunder, it shall immediately inform the City of such fact and shall not proceed without written instructions from the City except at its own risk. 3. Standard of Care. Services shall be performed by NAI in accordance with generally accepted professional engineering practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of the profession currently practicing in California. By delivery of completed work, NAI certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws and the professional standard of care in California. NAI shall perform such services and duties in conformance to and consistent with that degree of care and skill consistent with the generally accepted professional standards prevailing at the time the work is performed. In addition, NAI represents that its work product does not infringe on any other copyrighted work. If NAI' S work does infringe on any other copyrighted work, this constitutes willful misconduct under this Agreement. 4. Independent Evaluation. NAI is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations, and all other contingencies or design considerations. Data calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local or other conditions is not warranted or guaranteed, either expressly or impliedly, by the City. 5. Licenses. A. NAI represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which is legally required to practice its profession as well as perform the services as set forth herein. B. NAI represents and warrants to City that it shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Design Professional to practice its profession. C. NAI shall maintain a valid City business license. 6. Special Requirements. Additional terms and conditions of this Agreement, if any, which are made part hereof are set forth in the Special Requirements, attached hereto as Exhibit `B" and incorporated herein by this reference. In the event of a conflict between the provisions of the Page 2 Professional Services Agreement Special Requirements and any other provision of this Agreement, the Special Requirements shall govern. COMPENSATION 7. Contract Sum. Compensation to be paid to NAI shall be in accordance with the Schedule of Charges set forth in Exhibit "C ", which is attached hereto and incorporated herein by reference. In no event shall NAI's compensation exceed the schedule of charges without additional written authorization from the City. 8. Payment. A. NAI shall submit monthly billings to City describing the work performed during the preceding month. NAI's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. B. City shall pay NAI no later than 30 days after approval of the monthly invoice by City staff. C. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement. PERFORMANCE SCHEDULE 9. Time of Performance. The services of NAI are to commence upon execution of this Agreement and shall continue until the City approves all authorized work. All such work shall be completed no later than June 30, 2012. 10. Time of Essence. Time is of the essence in the performance of this Agreement. COORDINATION OF WORK 11. Independent Professional. Neither the City nor any of its employees shall have any control over the manner, mode or means by which NAI, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of NAI's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. It is understood that NAI, in the performance of the Page 3 Professional Services Agreement work and services agreed to be performed, shall act as and be an independent consultant and shall not act as an employee of the City. NAI shall obtain no rights to retirement benefits that accrue to City's employees, and it hereby expressly waives any claim it may have to any such rights. 12. Conflicts of Interest. A. NAI (including principals, associates and professional employees) covenants and represents that it does not now 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 of income, interest in real property or investment which would be affected in any manner or degree by the performance of NAI' S services hereunder. NAI 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. The City has determined that NAI is not a designated employee within the meaning of the Political Reform Act. 13. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of NAI. Assignments of any or all rights, duties or obligations of NAI under this Agreement will be permitted only with the express consent of the City. NAI shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, NAI shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. RECORDS AND REPORTS 14. Ownership of Documents. All plans, studies, documents and other writings prepared by NAI, its officers, employees and agents and subcontractors in the course of implementing this Agreement, including but not limited to working notes and internal documents upon request, shall become the property of the City upon payment to NAI for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to NAI or to any other party. NAI, while working from City facilities shall, at their expense, provide such reports, plans, studies, documents and other writings to City upon written request. 15. Licensing of Intellectual Property. A. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property Page 4 Professional Services Agreement embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Design Professional under this Agreement ( "Documents and Data "). B. NAI shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. C. NAI represents and warrants that it has the legal right to license any and all Documents and Data it provides to the City under this Agreement. 16. Confidentiality. 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 NAI in connection with the performance of this Agreement shall be held confidential by NAI. NAI shall not, without the prior written consent of City, use such materials 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. NAI shall not use the City's name or insignia, photographs relating to project for which Design Professional's services are rendered, or any publicity pertaining to NAI'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 City. 17. Books and Records. A. NAI 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 City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Design Professional to this Agreement. B. NAI shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) 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 City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Design Professional's address indicated for receipt of notices in this Agreement. Page 5 Professional Services Agreement D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of NAI's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by NAI, NAI's representatives, or successor -in- interest. INSURANCES 18. Insurance Requirements. A. Policies. NAI, at its own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. 1. Workers Compensation Coverage. NAI shall maintain Workers Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Design Professional 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 City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by NAI for City. This provision shall not apply if NAI has no employees performing work under this Agreement. If the NAI has no employees for the purposes of this Agreement, NAI shall sign the Certificate of Exemption from Workers Compensation Insurance attached hereto as Exhibit "D ", and incorporated herein by reference. 2. General Liability Coverage. NAI 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. NAI shall maintain automobile liability insurance covering bodily injury and property damage for all activities of NAI arising out of or 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. Page 6 Professional Services Agreement 4. Professional Liability Coverage. NAI shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from NAI's operations under this Agreement, whether such operations by NAI or by its employees, subcontractors, or sub consultants. 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 City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured's with respect to liability arising out of work performed by or on behalf of NAI, including materials, parts or equipment furnished in connection with such work or operations. 2. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self - insured retention 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. 4. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. This provision does not apply to Professional Liability Coverage. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to 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) days written notice has been received by the City. C. Deductibles and Self - Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. At the City's option, NAI shall demonstrate financial capability for payment of such deductibles or self - insured retentions. Page 7 Professional Services Agreement D. Certificates of Insurance. NAI shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 19. Indemnity. To the fullest extent permitted by law, NAI shall indemnify, defend (with independent counsel approved by the City) and hold harmless 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 NAI or the acts or omissions of an employee, agent or subcontractor of NAI. 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. ENFORCEMENT OF AGREEMENT 20. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and NAI. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provisions under this Agreement. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 22. Rights and 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. 23. Controlling Law Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. Page 8 Professional Services Agreement 24. Litigation Expenses and Attorneys Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys fees. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. NAI has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Termination. City may terminate this Agreement immediately for cause. City may terminate this Agreement without cause upon fifteen days written notice of termination. Upon termination, NAI shall be entitled to compensation for services performed up to the effective date of termination. MISCELLANEOUS 28. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if .mailed as provided in this section. If to City: Donald E. Bradley, City Manager City of Cathedral City 68 -700 Avenida Lalo Guerrero Cathedral City, CA 92234 If to Consultant: Lloyd "Nick" Nickerson NAI Consulting, Inc. 68 -955 Adelina Road Cathedral City, CA 92234 29. Amendments. This Agreement may be modified or amended only by a written document executed by both NAI and City and approved as to form by the City Attorney. Page 9 Professional Services Agreement 30. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 31. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. CITY OFFICERS AND EMPLOYEES 32. Non - liability of City Officers and Employees. No officer or employee of the City shall be personally liable to NAI, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to NAI or to its successor, or for breach of any obligation of the terms of this Agreement. 33. Prohibited Interests. NAI maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Design Professional, to solicit or secure this Agreement. Further, Design Professional 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 Design Professional, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 34. Equal Opportunity Employment. NAI represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of sex, marital status, race, color, religion, ancestry, natural origin, physical handicap, sexual orientation or domestic partnership status. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. NAI Consulting, Inc. By: 1 LAcn Title Qr S ■ Business License # ��3 1 1 J- Page 10 Professional Services Agreement CITY OF CATHEDRAL CITY CITY: ® 4 Donald E. Bradley, Ci Manager ATTE APPROVED AS TO FORM: Pat Hammers, City Clerk Charles R. Green, City Attorney APPROVED A. TO CONTENT Andy Hall, Co 'ty Development Director Page 11 Professional Services Agreement EXHIBIT "A" Scope of Services NAI CONSULTING, INC. SCOPE OF SERVICES EXHIBIT "A" As directed by the Community Development Director, the NAI's services shall include, but are not limited to, the performance of the: 1. Interim City Engineer Services — Provide a licensed Civil Engineer to perform City Engineer duties as prescribed by the City's Municipal Code and as mandated by State laws and regulation. Typical Tasks may include, but may not be limited, to the following: • Advise the City Council and Executive Staff on Engineering Matters • Provide oversight on the preparation and submittal of grant applications • Review public (CIP) and private development plans for compliance with the City's General Plan, Specific Plans and other regulatory requirements, and develop recommendations for approval • Represent the City at various local, sub - regional and regional meetings • Provide oversight and supervision of staff assigned to the Engineering Group, direct and assign staff assignments and monitor work progress • Participate in regularly scheduled staff meetings • Attend City Council Meetings on project related matters • Prepare Meeting Agendas, Decision Logs, Submittal Logs, etc. • Prepare Draft Agenda Reports for Staff review prior to City Council consideration • Assure the City's Annual Maintenance of Effort Submittal to the Riverside County Transportation Commission (RCTC) is completed on time. • Prepare the City's Annual 5 Year Capital Improvement Plan Measure A submittal to RCTC • Update the City's City-wide Pavement Management Program • Prepare City-wide Transportation Deficiency Study • Assist the City in the preparation of a comprehensive Capital Improvement Program (CIP) • Provide a Licensed Survey sub - consultant to review tract maps, record of survey, plats, legal descriptions and other document s as required by Cathedral City, Riverside County and the State of California 2. Project Management — Responsible for overall management and coordination of the City's approved capital improvement projects, including but not limited to the following tasks: • Prepare and submit necessary documents, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval • Prepare correspondence, reports, and memorandums • Prepare and process progress payment requests and ensure reimbursement for City eligible expenditures from outside funding • Assist in the coordination of closeout for all project contracts. • Assist in the finalization of necessary documentation required to support reimbursement from funding agencies. • Coordinate with city departments • Coordinate with other regulatory agencies 3. Design/Management Consultants - Responsible for coordinating and administering improvements through the development process. Including, but not limited to: • Prepare RFP's and SOQ's as needed for city review • Administer the consultant selection process • Assist in contract negotiations • Manage /Coordinate consultants' performance • Lead Project Development Team Meetings to include development of agendas, lead discussions, develop action items • Prepare correspondence, reports, and memos necessary to administer the Cathedral City projects • Monitor consultants' schedules and budgets • Respond to design consultant requests for information • Assist in resolving design and construction conflicts or other issues 4. Bidding Assistance and Contract Services— Responsible for overseeing the following tasks: • Coordinate the preparation of bid specifications in accordance with the City of Cathedral City Municipal Code • Review plans for compliance with City Standards • Prepare Advertisement Notification and provide to the City for publication • Preparation of request for proposals (RFP's) to construction support service providers such as construction survey, construction inspection, materials testing and construction administration summarize proposals received and make recommendation for award of Service Provider Agreements, Design Professional Services Agreements and Construction Contracts • Review bids for responsiveness to bid documents • Analysis of bids prior to contract award • Assist in contract dispute resolution 5. Master Schedule/Budget — Responsible for actively managing both the schedule and budget of all consultants and individual capital projects. • Prepare project status reports • Prepare and track project schedules. • Accountable for the end budget for each capital project • Accountable for the master schedule of each capital project • Monitor and report monthly on budget vs. actual expenditures, and contract time vs. actual time. 6. Other duties as directed by the Community Development Director or City Manager EXHIBIT B SPECIAL REQUIREMENTS NAI Consulting, Inc. shall serve as an extension of staff for the City's Engineering Division for the duration of this Agreement.NAl Consulting, Inc. will provide as much, or as little time necessary to accomplish assigned work objectives on a "time and materials" contract basis. The City reserves the right to expand, reduce or eliminate NAI Consulting, Inc.'s task assignments to conform to the needs of the City and at its sole discretion. The City may assign additional work objectives not specifically listed herein "Exhibit C ", Schedule of Charges. It is understood that the cost and hours assigned to each individual task listed herein, ( "Exhibit C ", Schedule of Charges) is an estimated amount. Each task may vary from the estimated amount. The City reserves the right to balance overages against under runs without affecting the total contract sum. NAI Consulting, Inc.'s services will be billed on a "time and materials" not to exceed maximum basis amount. The not to exceed maximum basis amount is the contract amount identified in Section 7, "Contract Sum" of this Agreement. EXHIBIT "C" Schedule of Hourly Fees NAI CONSULTING FEE SCHEDULE EXHIBIT "C" Proposed FY 11/12 CCC PN PROJECT Funding Notes INTERIM CITY ENGINEER (I.C.E.) SERVICES Fiscal Year 2011 -2012 $238,400.00 To include the following assignments as directed: Update to Pavement Mgt Program, Citywide Transportation Deficiency Study, 5 -year CIP, Annual Measure A Maintenance of Effort Report, Grant Applications, Technical & Regulatory Research, Program Coordination Meetings Subtotal interim City Engineer Services (Including Optional) $238,400.00 PROJECT MANAGEMENT SERVICES ONGOING PROJECTS 1003 Ramon Rd. East $10,500.00 Grant & RDA Funded 8988 Ramon Road West $10,500.00 Grant & Rda Funded 1011 Dream Homes Area ADA Ramps $2,125.00 Grant Funded 1012 SRTS - Date Palm Lighted Crosswalk $6,000.00 Grant Funded 6506 Date Palm Signal Syncronization $10,000.00 CMAQ FUNDED 8910 East Palm Canyon Signal Synchronization $8,000.00 CMAQ FUNDED 7009 Soccer Park Shade Structures $5,000.00 GRANT & Development Fee 2513 Whitewater Neighborhood Sidewalk $1,200.00 SB 821 Funded 1005 Date Palm Drive Bridge over Whitewater River $20,000.00 HBP Funded 1013 Cathedral Canyon Drive Bridge $20,000.00 PE Phase 2500 Date Palm Drive Long Canyon Bridge $15,000.00 HBP Funding Pending 7011 Whitewater River Bike Trail Phase I $2,500.00 BTA Funded 2500 Ramon Road Bridge and Roadway Widening $2,500.00 HBP Funding Pending 1015 Perez Road Sewers $7,500.00 ? ? ? ? ? ?? 8947 Eagle Canyon Dam/ Line 41 & Line 43 $2,000.00 RCFC & RDA Funded 7011 -2 Whitewater River Bike Trail Phase 11 $2,500.00 BTA Funded 2513 Cathedral Canyon/Terrace Sidewalks $2,500.00 Under Construction - Mgt by MVR 1005 Date Palm 1 -10 Interchange $5,000.00 CVAG & RDA Funded NEW PROJECTS Date Palm Drive North of 1 -10 $7,500.00 CVAG Funding Requested East Palm Canyon Drive Safety Improvements $15,000.00 Caltrans HSIP Funding Whitewater Neighborhood Park Improvements $8,500.00 Prop 84 Funding - Mgt by MVR SR2S Cycle 9 $5,600.00 Grant Approved for $442K South City Improvement District $8,500.00 Appropriations Funded North City Improvement District $5,000.00 Subtotal Project Management Services S182.925.0Q TOTAL PROPOSED CONTRACT AMOUNT $421 325.00 s EXHIBIT "C" NAI CONSULTING, INC. SCHEDULE OF HOURLY FEES DISCIPLINE HOURLY RATE CATHEDRAL CITY PRINCIPAL $165.00 $125.00 SENIOR PROJECT ENGINEER $155.00 $125.00 SENIOR PROJECT MANAGER $145.00 $125.00 PROJECT ENGINEER $145.00 $125.00 PROJECT MANAGER/CONTRACT $125.00 $125.00 ADMINISTRATOR DESIGN ENGINEER $95.00 $ 95.00 CAD DRAFTSMAN $85.00 $ 85.00 ADMINISTRATIVE SUPPORT $65.00 $ 65.00 Any reimbursable expenses such as blueprinting, reproduction, messenger service and postage, travel (beyond a twenty -five mile radius of NAI offices) that cannot be completed in City offices or through City resources are reimbursed at cost plus 15 %. NAI Consulting, Inc. maintains $1 million dollars in Professional Liability, General Liability and Commercial Auto Insurance Coverage. The cost associated with any additionally required insurance coverage or policy will be added to the project at cost plus 15 %. NAI Consulting, Inc. can not waive its right of subrogation for Professional Liability. g g 4