18 - Project #196-D Irvine Pumping Station Generator Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Rob Hamers, District Engineer Date: November 21, 2013 Subject: #196-D Irvine Pumping Station Generator Proposed Agreement with Pacific Data Electric for Construction Design Services Summary The purpose of the project is to install a backup emergency generator for the Irvine Pump Station in order to provide a secondary power source when the regular power from Southern California Edison is interrupted due to an outage or other event. The General Manager has negotiated an acceptable location for the generator on the Back Bay Center property and the District’s Associate Counsel is negotiating an easement. The next step is to assemble a consultant team to begin the design phase. Staff Recommendation The Board of Directors approves the following: 1. Sole sourcing construction design services for Project #196-D because alternative procedures are in the best interest of the District in accordance with Operations Code Section 4.04.120(f); and 2. The agreement with Pacific Data Electric (PDE) for performing construction design services for Project #196-D. ITEM NO. 18
Board of Directors November 21 , 2013 Page 2 of 3 ITEM NO. ___ Analysis Project #196 proposes to provide backup power and backup pumping at six pumping stations, one of which is the Irvine Pumping Station. Because the station is located in the 8 -foot wide parkway of Irvine Avenue, there is insufficient room in the public right -of -way to house a standby gener ator. The District’s General Manager has spent time negotiating with the Back Back Center owner and first requested the C enter allow the District to place the generator in the slope adjacent to the station. This option was rejected by t he C enter and eve ntually it was agreed to house the generator on the ba ckside of the property, under a building overhang, and next to a trash enclosure. For the generator to reside in this location, structural and mechanical modifications of the building may be necessary. The design firm PDE is including electrical, mechanical, and structural engineering design services in their proposal. The Back Bay Center property is located in unincorporated Orange County, so the construction plans will be processed through the County Planning Department, Building Department, and Public Works department. Staff is recommending sole sourcing this contract with PDE because of their previous work, experience and knowledge on this project, along with the ability to provide an expedited design phase schedule in order to avoid another large sanitary sewer over flow at the Irvine pump station. Therefore, staff has determined it is in the best interests of the District to hire PDE without competitive bidding in accordance with Operations Cod e Section 4.04.120(f). Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Plan Element 1.0, Sewer Infrastructure , which states as follows : ”Objective: Our objective is to collect and transport wastewater to meet the needs of existing and future customers. Strategy: We will do this by the careful management of the collection infrastructure using prudent planning and maintenance, with financial strategies to maintain sufficient capacity and respond to changing reg ulatory demands.” Legal Review The District’s Associate Counsel has approved the attached agreement with PDE.
Board of Directors November 21 , 2013 Page 3 of 3 Environmental Review The installation of a backup generator is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15301 as a “Class 1” “minor alteration of existing public or private structures”, as further described in Section (b) as “Existing facilities of both investor and publicly -owned utilities used to provide …. sewerage …” Financial Review The budget for this project is $1,060,000. As of October 30, 2013, there is a remaining balance of $992,394. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 21 , 2013 regular Board of Directors meeting at District Headquarters and on the District website. Alternative Actions 1. Direct staff to report back with m ore information. 2. Provide additional alternatives for consideration.
1 PSA 12 10 Project #196-D, Irvine Pump Station Generator AGREEMENT FOR CONSULTANT SERVICES This Agreement (“AGREEMENT”) is made and effective as of __________, ______, between the Costa Mesa Sanitary District, a sanitary district (“DISTRICT”), and PDE, a California corporation (“CONSULTANT”). In c onsideration of the mutual covenants and conditions set forth herein, the part ies agree as follows: Recitals WHEREAS, PDE was previously retained by District t o prepare a Feasibility Study for Project #196 for backup power and backup pumping capability at six pumping stations, including the Irvine Pumping Station, whi ch is the project now under consideration as #196-D; and WHEREAS, PDE successfully designed the backup gene rator for the Canyon Pumping Station under project #196-B; and WHEREAS, PDE recently designed conceptual construc tion drawings for the proposed generator at Irvine Pump Station, said dra wings being accepted by the Back Bay Center property owner and District; and WHEREAS, District’s Operations Code Section 4.04.1 20(f) allows a negotiated contract “When the Board of Directors, on recommend ation of the general manager, determines that an alternate procedure will be in t he best interests of the District and the policies set forth in this chapter.”; and WHEREAS, said General Manager and Board of Directo rs believe PDE’s experience and familiarity with this pumping statio n in particular, and all District pumping stations in general, provide them the knowledge and tools necessary to expeditiously prepare construction drawings for the Irvine Pump S tation; and WHEREAS, DISTRICT sustained a sanitary sewer overf low into the Upper Newport Bay from the Irvine Pump Station on August 31, 2013, causing time to be of the essence in the design and installation of the I rvine Pump Station backup generator; NOW, THEREFORE, the parties hereto agree as follow s: 1. TERM This AGREEMENT shall commence on November 22, 2013 , and shall remain and continue in effect until tasks described herein are completed unless sooner terminated pursuant to the provisions of this AGREE MENT.
2 PSA 12 10 2. SERVICES CONSULTANT shall perform the tasks described and s et forth in Exhibit A, attached hereto and incorporated herein as though s et forth in full. CONSULTANT shall complete the tasks according to the schedule of per formance which is also set forth in Exhibit A. 3. PERFORMANCE CONSULTANT shall, at all times, faithfully, compet ently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally ac cepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations und er this AGREEMENT. CONSULTANT shall warrant that all services provided and equipment installed shall perform in a workmanlike manner and be fit for its particular purpose. 4. DISTRICT MANAGEMENT The General Manager shall represent DISTRICT in al l matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT. Notwithstanding the forego ing, the General Manager’s authority to enlarge the tasks to be performed or c hange CONSULTANT’s compensation is subject to Section 5 hereof. 5. PAYMENT (a) DISTRICT agrees to pay CONSULTANT in accordanc e with Exhibit A, attached hereto and incorporated herein by referenc e. This amount shall not exceed Fifty Thousand, Seven Hundred Fifty One and 00/100 Dollars ($50,751.00) for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT. Said sum includes travel and other cost s, except blueprinting costs, which shall be charged at cost plus 10% unless perf ormed by District’s blueprinter. (b) CONSULTANT shall not be compensated for any se rvices rendered in connection with its performance of this AGREEMENT t hat are in addition to those set forth herein, unless such additional services are r equested in a written change order and are approved in advance and in writing by DISTR ICT. The written change order requirement cannot be waived. The General Manager may approve change orders for additional work not to exceed the cumulative value of ten percent (10%) of the total contract sum. Any additional work in excess of thi s cumulative amount shall be approved by the Board of Directors. (c) CONSULTANT will submit invoices upon task comp letion unless otherwise agreed. Payment shall be made within thi rty (30) days of receipt of each invoice as to all non-disputed fees. If DISTRICT d isputes any of CONSULTANT’s fees,
3 PSA 12 10 DISTRICT shall give written notice to CONSULTANT wi thin thirty (30) days of receipt of an invoice of any disputed fees contained in the in voice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT C AUSE (a) The DISTRICT may, at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the CONSULTANT written notice. Upon receipt of said no tice, the CONSULTANT shall immediately cease all work under this AGREEMENT, un less the notice provides otherwise. If the DISTRICT suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. (b) In the event this AGREEMENT is terminated purs uant to this Section, the DISTRICT shall pay to CONSULTANT the actual value o f the work performed up to the time of termination, provided that the work perform ed is of value to the DISTRICT. CONSULTANT shall immediately turn over all work-pro duct to DISTRICT in a readily usable form. Upon termination of the AGREEMENT pur suant to this Section, the CONSULTANT will submit an invoice to the DISTRICT p ursuant to Section 5. 7. DEFAULT OF CONSULTANT (a) The CONSULTANT’s failure to comply with the pr ovisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, DISTRI CT shall have no obligation or duty to continue compensating CONSULTANT for any wo rk performed after the date of default and can terminate this AGREEMENT immediatel y by written notice to the CONSULTANT. If such failure by the CONSULTANT to m ake progress in the performance of work hereunder arises out of causes beyond the CONSULTANT’s control, and without fault of negligence of the CON SULTANT, it shall not be considered a default. (b) As an alternative to the procedure for immedia te termination for default set forth in subparagraph (a), if the District Manager or his/her delegate determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she may in his/her discretion cause t o be served upon the CONSULTANT a written notice of the default and dema nd to cure. The CONSULTANT shall have ten (10) days after service upon it of s aid notice to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time, the DISTRIC T shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.
4 PSA 12 10 8. OWNERSHIP OF DOCUMENTS (a) CONSULTANT shall maintain complete and accurat e records with respect to the professional services required by this AGREE MENT and will produce the work product specified in Exhibit A and other such infor mation required by DISTRICT that relate to the performance of services under this AG REEMENT. CONSULTANT shall maintain adequate records of services provided in s ufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access t o the representatives of DISTRICT or its designees at reasonable times to su ch books and records; shall give DISTRICT the right to examine and audit said books and records; shall permit DISTRICT to make transcripts therefrom as necessary ; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion, termination, or suspension of this AGREEMENT, all work product reduced to any medium and other docume nts prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of the DISTRICT and may be used, reus ed, or otherwise disposed of by the DISTRICT without the permission of the CONSULTA NT. With respect to computer files, CONSULTANT shall make available to the DISTR ICT, at the CONSULTANT’s office and upon reasonable written request by the D ISTRICT, the necessary computer software and hardware for purposes of accessing, co mpiling, transferring, and printing computer files. Said software and hardware shall be made available to DISTRICT at CONSULTANT’s cost. 9. INDEMNIFICATION (a) Indemnification for Professional Liability . When the law establishes a professional standard of care for CONSULTANT’s serv ices, to the fullest extent permitted by law, CONSULTANT shall indemnify, prote ct, defend, and hold harmless DISTRICT and any and all of its officials, employee s, and agents from and against any and all losses, liabilities, damages, costs, and ex penses, including attorney’s fees and costs to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CO NSULTANT shall bear the legal liability thereof) in the performance of profession al services under this AGREEMENT. (b) Indemnification for Other than Professional Li ability . Other than in the performance of professional services and to the ful lest extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmle ss DISTRICT and any and all of its employees, officials, and agents from and ag ainst any liability (including liability for claims, suits, actions, arbitration proceedings, ad ministrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind , whether actual, alleged, or
5 PSA 12 10 threatened, including attorney’s fees and costs, co urt costs, interest, defense costs, and expert witness fees), where the same arise out of, pertain to, relate to, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual o r entity for which CONSULTANT is legally liable, including, but not li mited to, officers, agent, employees, or subconsultants of CONSULTANT. 10. INSURANCE CONSULTANT shall maintain prior to the beginning o f and for the duration of this AGREEMENT insurance coverage as specified in Exhibi t B attached to and made part of this AGREEMENT. 11. INDEPENDENT CONSULTANT (a) CONSULTANT is and shall at all times remain as to the DISTRICT a wholly independent consultant. The personnel perfo rming the services under this AGREEMENT on behalf of CONSULTANT shall at all time s be under CONSULTANT’s exclusive direction and control. Neither DISTRICT nor any of its officers, employees, or agents shall have control over the conduct of CONSU LTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner r epresent that it or any of its officers, employees, or agents are in any manner of ficers, employees, or agents of the DISTRICT. CONSULTANT shall not incur or have the p ower to incur any debt, obligation, or liability whatsoever against DISTRIC T or bind DISTRICT in any manner. (b) No employee benefits shall be available to CONS ULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, DISTRICT shall not pa y salaries, wages, or other compensation to CONSULTANT for performing services hereunder for DISTRICT. DISTRICT shall not be liable for compensation or in demnification to CONSULTANT for injury or sickness arising out of performing servic es hereunder. 12. LEGAL RESPONSIBILITIES The CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employ ed by it or in any way affect the performance of its service pursuant to this AGREEME NT. The CONSULTANT shall at all times observe and comply with all such laws and regulations. The DISTRICT and its officers and employees shall not be liable at law o r in equity occasioned by failure of the CONSULTANT to comply with this Section. 13. UNDUE INFLUENCE CONSULTANT declares and warrants that no undue infl uence or pressure has been used against or in concert with any officer or employee of the DISTRICT in
6 PSA 12 10 connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arra ngement, or financial inducement. No officer or employee of the DISTRICT will receive co mpensation, directly or indirectly, from CONSULTANT or from any officer, employee, or a gent of CONSULTANT in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this Section shall be a material breach of this AGREEMENT entitling the DISTRICT to any and all rem edies at law or in equity. 14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of DISTRICT, or the ir designees or agents, and no public official who exercises authority over or has responsibilities with respect to the project during his/her tenure or for one year there after shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this AGREEMENT. 15. RELEASE OF INFORMATION / CONFLICTS OF INTEREST (a) All information gained by CONSULTANT in the per formance of this AGREEMENT shall be considered confidential and shal l not be released by CONSULTANT without DISTRICT’s prior written authori zation. CONSULTANT and its officers, employees, agents, or subconsultants shal l not, without written authorization from the General Manager or unless requested by the District Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning th e work performed under this AGREEMENT or relating to any project or property lo cated within the DISTRICT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives DISTRICT notice of such court orde r or subpoena. (b) CONSULTANT shall promptly notify DISTRICT shoul d CONSULTANT or its officers, employees, agents, or subconsultants be s erved with any summons, complaint, subpoena, notice of deposition, request for documen ts, interrogatories, requests for admissions, or other discovery request, court order , or subpoena from any person or party regarding this AGREEMENT or the work performe d thereunder or with respect to any project or property located within the DISTRICT . DISTRICT retains the right, but has no obligation, to represent CONSULTANT and/or b e present at any deposition, hearing, or similar proceeding. CONSULTANT agrees t o cooperate fully with DISTRICT and to provide the opportunity to review any respon se to discovery requests provided by CONSULTANT. However, DISTRICT's right to review an y such response does not imply or mean that DISTRICT has a right to control, direct, or rewrite said response. (c) CONSULTANT covenants that neither he/she/it no r any officer or principal of their firm have any interest in, or shall acquir e any interest, directly or indirectly, which will conflict in any manner or degree with the perf ormance of their services hereunder. CONSULTANT further covenants that in the performanc e of this AGREEMENT, no person having such interest shall be employed by it /them as an officer, employee,
7 PSA 12 10 agent, or subconsultant. CONSULTANT further covena nts that CONSULTANT has not contracted with nor is performing any services, dir ectly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s ) and/or partnership(s) owning property in the DISTRICT or the study area and furt her covenants and agrees that CONSULTANT and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and /or property owner(s) and/or firm(s) and/or partnership(s) owning property in th e DISTRICT or the study area prior to the completion of the work under this AGREEMENT. 16. NOTICES Any notices which either party may desire to give t o the other party under this AGREEMENT must be in writing and may be given by: (i) personal service, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, which provides a receipt showing date and time of d elivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, retur n receipt requested, addressed to the address of the party as set forth below or at any o ther address as that party may later designate by notice: To DISTRICT: Costa Mesa Sanitary District 628 West 19th Street Costa Mesa, California 92627 Attn: District Clerk To CONSULTANT: PDE 9970 Bell Ranch Drive, #109 Santa Fe Springs, CA 90670-2980 Attn: Dan Cohee 17. ASSIGNMENT The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, wit hout prior written consent of the DISTRICT. 18. LICENSES At all times during the term of this AGREEMENT, CON SULTANT shall have in full force and effect all licenses required of it b y law for the performance of the services described in this AGREEMENT.
8 PSA 12 10 19. GOVERNING LAW DISTRICT and CONSULTANT understand and agree that t he laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation o f this AGREEMENT. Any litigation concerning this AGREEMENT shall take pla ce in the superior or federal district court with jurisdiction over the DISTRICT. 20. ENTIRE AGREEMENT This AGREEMENT contains the entire understanding be tween the parties relating to the obligations of the parties describe d in this AGREEMENT. All prior or contemporaneous agreements, understandings, represe ntations, and statements, oral or written, are merged into this AGREEMENT and shal l be of no further force or effect. Each party is entering into this AGREEMENT based so lely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL CONSULTANT is bound by the contents of Exhibit A, hereto and incorporated herein by this reference. In the event of conflict , the requirements of DISTRICT’s Request for Proposals and this AGREEMENT shall take precedence over those contained in the CONSULTANT’s proposals. 22. MODIFICATION No modification to this AGREEMENT shall be effecti ve unless it is in writing and signed by authorized representatives of the parties hereto. This written modification requirement cannot be waived. 23. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this AGREEMENT on b ehalf of CONSULTANT warrant(s) and represent(s) that he/she/they has/ha ve the authority to execute this AGREEMENT on behalf of the CONSULTANT and has/have the authority to bind CONSULTANT to the performance of its obligations he reunder. 24. INTERPRETATION In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit h ereto, this AGREEMENT shall control unless a contrary intent is clearly stated.
9 PSA 12 10 25. BUSINESS LICENSE CONSULTANT shall obtain a business license from th e City of Costa Mesa unless legally exempt. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed this day and year first above written. COSTA MESA SANITARY DISTRICT PDE ___________________________ ___________________________ James Ferryman, President __________________, _____________ ______ Arthur Perry, Secretary ATTEST: ____________________________ District Clerk APPROVED AS TO FORM: ____________________________ District Counsel
www.pdeinc.com CA Lic. No. C10 620473 PDE Los Angeles Office 9970 Bell Ranch Drive #109 Santa Fe Springs, CA 90670-2980 PDE San Francisco Office 14731 Catalina Street San Leandro, CA 94577-6609 1 October 21, 2013 Attention: Scott Carroll Costa Mesa Sanitation District 628 W. 19 th St Costa Mesa CA 92627 Reference: PS13 A&E proposal Dear Scott, PDE, Total Energy Solutions, is pleased to submit a proposal for A&E services associated with installi ng an emergency generator at PS 13 in the County of Orang e. RE: Proposal for Architectural and Engineering Service s – Costa Mesa Pump Station Generator Engineering and Construction Documents – PS13 2672 Irvine Ave., Costa Mesa 92660 Project: Provide Construction Documents for submittal to ot her contractors, for the new proposed natural Gas Powered Generator at t he above mentioned location. Construction Documents will be based on the prelimi nary and developed renderings and location plans created by SCDS under separate contract. PDE will work with SCDS and CMSD to provide plans for bid an d construction. PDE and CLIENT (Costa Mesa Sanitation District) agr ee to the following terms: 1. The following attachments are hereby made a part of this agreement: a. Hourly rate schedule. 2. Scope of work for PDE/SCDS a. Meetings with client and contractor to determi ne design and program requirements. b. Review existing plans and existing building as -built status via site measurements and detailing a nd drawings provided by owner and Client c. Research all City code and submittal requireme nts. d. Prepare schematic design and design drawings f or Client review and submittal for City review
www.pdeinc.com CA Lic. No. C10 620473 PDE Los Angeles Office 9970 Bell Ranch Drive #109 Santa Fe Springs, CA 90670-2980 PDE San Francisco Office 14731 Catalina Street San Leandro, CA 94577-6609 2 e. Based on approved schematic design, PDE/SCDS w ill prepare Design Development and Construction drawings and documents for bidding and client review and approval i. Floor plans, Elevations, Sections, schedules, and Details f. PDE/SCDS will assist client in processing the plans with the City for departmental review and per mits. g. PDE/SCDS will provide Mechanical, Electrical a nd Structural design for this project. h. PDE/SCDS will be available during construction to respond to requests for information (RFI) and c hange orders and to visit the site (Limited to (2) s ite visits) PDE/SCDS will NOT provide structural design for bui lding retrofit, truss design or clear span design o r seismic upgrade as may be required by local agencie s. 3. Fees to PDE are provided at a firm fixed price f or this project: i. Total fees $50,751.00 1. Architectural Fees $8,250.00 2. Structural Fees $3,245.00 3. Mechanical Fees $19,965.00 4. Electrical Fees $9,580.00 5. Construction Admin $9,531.00 ii. Blueprints and copies are reimbursable costs an d not part of the base contract. (PDE will submit b illing for reprographics as a reimbursable cost during mont hly billing or we will send direct to an account of your choice) b. Invoices will be billed monthly unless other arr angements are requested by client. 4. PDE gives no estimate or guarantee of constructi on cost for the project. Estimates for construction will be the responsibility of CLIENT. 5. To the fullest extent permitted by law, CLIENT a grees to limit PDE’s liability for client damages t o 100% of fees paid to PDE. This limitation shall app ly regardless of the cause of action or legal theor ies plead or asserted. 6. Any changes made to the plans after approval of design drawings (signed by owner) will constitute a change and shall be billed over and above the f ee schedule mentioned above at our hourly rates described in the attachment. 7. This written contract is the complete agreement between Owner and PDE. Either party may terminate this agreement upon 14 days written notice. Al l fees will be paid to date of termination. 8. Any disputes between PDE and Owner that cannot b e resolved between the two parties will be settled by Non-Binding Mediation unless another method of settlement is agreed upon by both parties. 9. If there is no activity on the tasks of this pro ject for any 6 month period, then this agreement wo uld be
www.pdeinc.com CA Lic. No. C10 620473 PDE Los Angeles Office 9970 Bell Ranch Drive #109 Santa Fe Springs, CA 90670-2980 PDE San Francisco Office 14731 Catalina Street San Leandro, CA 94577-6609 3 automatically terminated and further work would be completed under a new and separate agreement between PDE and Owner. 10. Additional work or services not specifically me ntioned in this proposal shall be billed at the hou rly rate established in this contract, and by mutual co nsent of SCDS and Client. 11. OWNER/TENANT shall provide the SCDS with a lega l description of the property, a survey, documents describing soil conditions, topography, easeme nts and restrictions, and local restrictions, inclu ding, but not limited to Owner’s Association requirement s, and local municipal ordinances, when required fo r the design of the project. 12. Owner shall not hold PDE liable for any damages , fees, loss of wages or costs incurred from failur e to provide Plan Check drawings to the local agenc ies or acquire a Building permit. If client decide s to proceed with the work represented in the SCDS/PDE drawings without plan check or acquisition of a building permit, SCDS cannot be held responsib le for such action as PDE/SCDS does not endorse or recommend such action. Additional fees will a pply if SCDS is asked to provide plan check or perm it drawings after the fact. 13. The following items will be paid directly by CL IENT or as a reimbursable expense to PDE and are no t included in the maximum fee per item #3 above . Reimbursable items to PDE will be billed at cost plus 15%. a. Client changes to previously approved and completed work. b. Changes to project scope of work. c. City filing and permit fees. d. Reproduction of drawings, documents an d photos (Reimbursable cost) e. Interior Design by ASID registered pro fessional f. Landscape Design g. Exterior hardscape or irrigation. h. Grading, drainage, street improvement plans. i. Exterior Design and remodel of existin g building j. Soils report, geotechnical and surveyi ng. k. Any specialty engineering or studies r equested or required by CLIENT or the City. l. As-built drawing and document up-datin g after completion. Attachment-A Hourly Rate Schedule Principal Architect $150.50 Managing Principal $ 92.50 Senior CAD tech-1 $ 88.25 CAD Tech-2 $ 75.50 Clerical $ 62.25
www.pdeinc.com CA Lic. No. C10 620473 PDE Los Angeles Office 9970 Bell Ranch Drive #109 Santa Fe Springs, CA 90670-2980 PDE San Francisco Office 14731 Catalina Street San Leandro, CA 94577-6609 4 Attachment B Schedule: Preliminary Design 2 weeks Construction Docs and Details 4 weeks Plan Check 4-6 weeks Corrections 2 weeks These timelines are estimates and are not firm fixe d dates. We cannot be responsible for the City or other agency timelines. Payment Terms: Net 30 days on all invoices Progress invoicing to be on the 30 th day of each month Interest of 1 ½ percent per month, compounded daily , applies to all outstanding invoices. Material to be invoiced at time of purchase regardl ess if onsite Termination: This contract may be terminated by either party for convenience with 30 days’ written notice, or for c ause within seven days’ written notice. The project may be suspended by the client with 30 days’ written n otice. In the event of suspension or cancellation for conv enience, the Client shall pay all expenses incurred prior to the date of the notice. Exclusions: 1. Submittal to the County of Orange 2. Meetings with the County of Orange 3. Plan check fees 4. Owner of property requested renditions Please feel free to contact us should you have any questions or comments regarding this matter. Sincerely, Dan Cohee Senior Project Manager