HomeMy WebLinkAbout12/13/2006 - STAFF REPORTS - 2.B. p ALM SA
y
c
L. [n
CITY COUNCIL STAFF REPORT
DATE: December 13, 2006 CONSENT AGENDA
SUBJECT: APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH TERRA
NOVA PLANNING & RESEARCH TO PREPARE A SUPPLEMENTAL EIR
ON THE SECTION 14 MASTER DEVELOPMENT AND SPECIFIC PLAN
IN AN AMOUNT NOT TO EXCEED $65,000.00
FROM: David H. Ready, City Manager
BY: Thomas Wilson, Assistant City Manager
Douglas Holland, City Attorney
SUMMARY
A Supplemental EIR is proposed to be prepared to evaluate the environmental impacts
on water supply as a result of development in Section 14 pursuant to the Section 14
Master Development Plan and Specific Plan.
RECOMMENDATION:
1) Adopt Minute Order No. "APPROVING AGREEMENT NO. WITH
TERRA NOVA PLANNING & RESEARCH TO PREPARE A SUPPLEMENTAL
EIR ON THE SECTION 14 MASTER DEVELOPMENT AND SPECIFIC PLAN IN
AN AMOUNT NOT TO EXCEED $65,000.00"
2) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR
THE 2006-07 FISCAL YEAR."
3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
A Supplemental EIR is proposed to be prepared for the Section 14 Master Plan and
Specific Plan on water supply issues within Section 14. The Supplemental EIR will help
ensure that the environmental documentation for development within Section 14,
r,
ITEM NO. �.0
City Council Staff Report
(December 13, 2006) -- Page 2
(Terra Nova Contract)
including the previously approved EIR/EIS, adequately evaluates any adverse
environmental impacts on water supply that may be caused by development within
Section 14 and identifies mitigation measures, or alternatives, that may be appropriate
and consistent with the requirements of California Environmental Quality Act.
A scope of work is attached to the proposed agreement with Terra Nova as Exhibit "A"
and the total cost for the work is estimated at approximately $60,000.00. Staff is
recommending that the Council approve the proposed agreement and authorize a total
of $66,000.00 to cover the estimated costs of the work and contingencies that may
arise.
FISCAL IMPACT:
Unforseen events have occurred which can be addressed by the preparation of a
supplemental EIR on the Section 14 Master Development and Specific Plan. Staff
recommends monies be allocated from the General Fund to the City Attorney's Other
Contract Services account for the administration and payment of the proposed agreement
with Terra Nova.
Finance Director Review:
C-9 �4 An,
City Attorney Assistant City Ma ger
rDavid H. Ready, Ity ger
Attachments:
1) Proposed Contract Services Agreement with Terra Nova and related exhibits
2) Budget Resolution
3) Minute Order
1�OCi`?
MINUTE ORDER NO.
APPROVING A CONTRACT SERVICES AGREEMENT
WITH TERRA NOVA PANNING & RESEARCH TO
PREPARE A SUPPLEMENTAL EIR ON THE SECTION
14 MASTER DEVELOPMENT AND SPECIFIC PLAN IN
AN AMOUNT NOT TO EXCEED $65,000.00
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that
this Minute Order Approving Amendment No. to Agreement No.
with Terra Nova Planning & Research to Prepare a Supplemental EIR on the
Section 14 Master Development and Specific Plan in an Amount Not to Exceed
$65,000, was adopted by the City Council of the City of Palm Springs, California,
in a meeting thereof held on the day of 2005.
James Thompson, City Clerk
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE
BUDGET FOR THE 2006-07 FISCAL YEAR,
WHEREAS Resolution approving the budget for the fiscal year 2006-07 was
adopted on 2006; and
WHEREAS the City Manager has recommended, and the City Council desires to
approve, certain amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to
record inter-fund cash transfers as required in accordance with this Resolution, and that
Resolution adopting the budget for the 2006-07 fiscal year is hereby amended
as follows:
SECTION 1. ADDITIONS
Fund Activity Account Amount
001-1200 OTHER CONTRACT 43240 $65,000.00
CITY ATTORNEY SERVICES
Purpose
SECTION 2. SOURCE
Fund Activity Account Amount
001 001-000-29301 $65,000.00
GENERAL FUND
Adopted this day of 12006.
AYES:
NOES:
ABSENT:
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
CEQA Supplemental EIR for Section 14 Master
Development Plan and Specific Plan
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this 1200 , by and between the CITY OF PALM SPRINGS, a
municipal corporation, (herein "City") and TERRA NOVA PLANNING & RESEARCH (herein
"Contractor'). (The term Contractor includes professionals performing in a consulting capacity.)
The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services specified in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be
referred to herein as the "services" or "work" hereunder. As a material inducement to the City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first
class work and services and Contractor Is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be of good quality, fit for the purpose intended. For purposes of this
,Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's
proposal or bid which shall be incorporated herein by this reference as though fully set forth herein.
In the event of any inconsistency between the terms of such proposal and this Agreement,the terms
of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time service is
rendered.
1.4 Licenses Permits Fees and Assessments. Contractor shall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole obligation to
pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractors performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against any such
fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor(a) has thoroughly investigated and considered the scope of services to be performed,
(b) has carefully considered how the services should be performed, and (c)fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement. If
the services involve work upon any site, Contractor warrants that Contractor has or will investigate
the site and is or will be fully acquainted with the conditions there existing, prior to commencement
of services hereunder. Should the Contractor discover any latent or unknown conditions,which will
materially affect the performance of the services hereunder, Contractor shall immediately inform the
CEQA Supplemental El—Section 14—Terra Nova Contract Page 1 of 15
City of such fact and shall not proceed except at Contractor's risk until written instructions are
received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of
the Agreement to furnish continuous protection to the work, and the equipment, materials, papers,
documents, plans, studies and/or other components thereof to prevent losses or damages,and shall
be responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care
and diligence to perform their respective obligations underthis Agreement. Both parties agree to act
in good faith to execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,
neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at anytime during the performance
of the services,without invalidating this Agreement,to order extra work beyond that specified in the
Scope of Services or make changes by altering, adding to or deducting from said work. No such
extra work may be undertaken unless a written order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor. Any increase in compensation of up to ten percent(10%)of the Contract Sum may be
approved by the Contract Officer as may be needed to perform any extra work. Any greater
increases, taken either separately or cumulatively must be approved by the City Council. It is
expressly understood by Contractor that the provisions of this Section shall not apply to services
specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of
whether the time or materials required to complete any work or service identified in the Scope of
Work exceeds any time or material amounts or estimates provided therein.
1.9 Special Requirements. Additional terms and conditions of this Agreement, if any,
which are made a 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
Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit"B" shall govern.
1.10 Responsible to City. Contractor acknowledges and agrees that the work and
services the Contractor will produce for the City, including any initial study, screen check draft
environmental impact report, draft environmental impact report, and final environmental impact
report,will be prepared in strict and full compliance with the California Environmental Quality Act and
the Environmental Quality Act Guidelines(collectively, the"Law"). Contractor further acknowledges
and agrees that, consistent with the requirements of the Law, all documents that Contractor
prepares must reflect the independent judgment of the City. All work performed and all work product
produced shall be subject to review, revision, and approval of the Contract Officer and the final
environmental impact report, including the draft environmental impact report,comments thereto,and
all related responses to comments, will be subject to approval by the City Council. In addition,
Contractor shall not meet with or discuss the work, services, or the contents of any work product
with the applicant or a representative of the applicant without the express approval of the Contract
Officer nor shall the Contractor take direction from the applicant or the applicant's representative.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of FIFTY-NINE THOUSAND TWO HUNDRED FORTY AND NO/100 DOLLARS
($59,240.00) herein "Contract Sum"), except as provided in Section 1.8. The method of
compensation may include: (i)a lump sum payment upon completion, (ii)payment in accordance
CEQA Supplemental EIR—Section 14—Terra Nova Contract uf�;` f� Page 2 of 15
with the percentage of completion of the services, (iii) payment for time and materials based upon
the Contractor's rates as specified in the Schedule of Compensation,but not exceeding the Contract
Sum or (iv) such other methods as may be specified in the Schedule of Compensation.
Compensation may include reimbursement for actual and necessary expenditures for reproduction
costs,telephone expense, transportation expense approved by the Contract Officer in advance,and
no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall
include the attendance of Contractor at all project meetings reasonably deemed necessary by the
City; Contractor shall not be entitled to any additional compensation for attending said meetings.
Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to
the Scope of Services may be more costly or time consuming than Contractor anticipates, that
Contractor shall not be entitled to additional compensation therefore, and the provisions of Section
1.8 shall not be applicable for such services.
THE MAXIMUM AMOUNT OF CITY'S OBLIGATION UNDER THIS SECTION 2.1 IS
THE AMOUNT SPECIFIED HEREIN. IF THE CITY'S MAXIMUM OBLIGATION IS REACHED
BEFORE THE CONTRACTOR'S SERVICES UNDER THIS AGREEMENT ARE COMPLETED,
CONTRACTOR WILL NEVERTHELESS COMPLETE.THE SERVICES WITHOUT LIABILITY ON
THE CITY'S PART FOR FURTHER PAYMENT BEYOND THE MAXIMUM AMOUNT.
22 Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later
than the first (1st) working day of such month, Contractor shall submit to the City in the form
approved by the City's Director of Finance, an invoice for services rendered prior to the date of the
invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon
which are approved by City pursuant to this Agreement no later than the last working day of the
month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Contractorshall commence the services pursuantto
this Agreement upon receipt of a written notice to proceed and shall perform all services within the
time period(s)established in the "Schedule of Performance'attached hereto as Exhibit"A", if any,
and incorporated herein by this reference. When requested by the Contractor, extensions to the
time period(s)specified in the Schedule of Performance may be approved in writing by the Contract
Officer, but not exceeding one year from date of Contract.
3.3 Force Maleure. The time period(s)specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of any
delays due to unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe
weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer
in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when and
if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Contractor's sole remedy being extension of the Agreement pursuant to this
Section.
CEQA Supplemental Elk—Section 14—Terra Nova Contract Page 3 of 15
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
,Agreement,this Agreement shall continue in full force and effect until completion of the services but
not exceeding one (1)year from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit"A").
4,0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are hereby
designated as being the principals and representatives of Contractor authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
John D. Criste, AICP, Project Manager
Terra Nova Planning & Research, Inc.
Phone: 760-320-0240
Fax: 760-322-2760
E-mail: Jcriste@terranovaplanning.com
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced nor may their
responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the
City required hereunder to carry out the terms of this Agreement_
4.3 Prohibition Against Subcontracting orAssi nment. The experience, knowledge,
capability and reputation of Contractor, its principals and employees were a substantial inducement
for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other
entity to perform in whole or in part the services required hereunder without the express written
approval of the City. In addition, neither this Agreement nor any interest herein maybe transferred,
assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law,whetherfor the
benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more
than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all
transfers into account on a cumulative basis. In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release the Contractor or any surety of Contractor of any liability hereunder without the express
consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available,to persons or entities with offices located in the Coachella Valley("Local Subcontractors"),
Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors,if
Local Subcontractors are qualified to perform the work required. In requesting for the City to
consent to a subcontract with a person or entity that is not a Local-Subcontractor, the Contractor
shall submit evidence to the City that such good faith efforts have been made or that no Local
Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by
placing advertisements inviting proposals or by sending requests for proposals to selected Local
Subcontractors. The City may consider Contractor's efforts in determining whether itwill consent to
CEQA Supplemental EIR—Section 14—Terra Nova Contract �,�9'. BPage 4 of 15
a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of
all contracts and subcontracts hereunder for the period specified in Section 6.2.
4A Independent Contractor. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Contractor, its agents or employees, perform
the services required herein, except as provided in Section 1.10 or otherwise set forth in this
Agreement. City shall have no voice in the selection, discharge, supervision or control of
Contractor's employees,servants, representatives or agents,or in fixing their number, compensation
or hours of service. Contractor shall perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor with only
such obligations as are consistent with that role. Contractor shall not at any time or in any manner
represent that it or any or its agents or employees are agents or employees of City. City shall not in
any way or for any purpose become or be deemed to be a partner of Contractor in its business or
otherwise or a joint venturer or a member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability,Insurance. A policy of commercial general
liability insurance written on a per occurrence basis with a combined single limit of a least
$1,000,000 bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and
completed operations. The Commercial General Liability Policy shall name the City of Palm
Springs as an additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1185) or equivalent language. The Commercial General
Liability Insurance shall name the City, its officers, employees, and agents as additional
insured.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in an amount which fully complies with the statutory requirements of the State of
California and which includes $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the amount of
$1,000,000 bodily injury and property damage,Said policy shall include coverage for owned,
non-owned, leased, and hired cars.
(d)Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit"B".
All of the above policies of insurance shall be primary insurance. (Reference Section 5.4
regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have
against the City, its officers, employees and agents, and their respective insurers. In the event any
of said policies of insurance are canceled, the Contractor shall, priorto the cancellation date,submit
new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or
services under this Agreement shall commence until the Contractor has provided the City with
Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above
insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by
the City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of
damages to any persons or property resulting from the Contractor's activities or the activities of any
person or person for which the Contractor is otherwise responsible.
CEQA Supplemental EIR--Section 14—Terra Nova Contract onn 1 Page 5 of 15
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the
subcontractor to maintain the same polices of insurance that the Contractor is required to maintain
pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the City,its officers,agents and
employees against, and will hold and save them and each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties,obligations, errors,
omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work,operations or
activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or
arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractors
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, but excluding such claims or liabilities arising from the sole negligence or willful
misconduct of the City, its officers, agents or employees, who are directly responsible to the City,
and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'fees
incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its
officers,agents or employees for any such claims or liabilities arising out of or in connection with the
negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Contractor for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees.
5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor
shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form
provided by the City Clerk, which secures the faithful performance of this Agreement, unless such
requirement is waived by the Contract Officer. The bond shall contain the original notarized
signature of an authorized officer of the surety and affixed thereto shall be a certified and Current
copy of his power of attorney. The bond shall be unconditional and remain in force during the entire
term of the Agreement and shall be null and void only if the Contractor promptly and faithfully
performs all terms and conditions of this Agreement. (Performance Bond requirement waived- see
EXHIBIT °B")
5.4 Sufficiency of Insurer or Sure . Insurance or bonds required by this Agreement
shall be satisfactory only if issued by companies qualified to do business in California, rated "B" or
better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal
Register, unless such requirements are waived by the City Manager or designee of the City("City
Manager")due to unique circumstances. In the event the City Manager determines that the work or
services to be performed under this Agreement creates an increased or decreased risk of loss to the
City, the Contractor agrees that the minimum limits of the insurance policies and the performance
bond required by this Section 5 may be changed accordingly upon receipt of written notice from the
City Manager or designee; provided that the Contractor shall have the right to appeal a
_)I"if
CEQA Supplemental EIR—Section 14—Terra Nova Contract Page 6 of 15
determination of increased coverage by the City Manager to the City Council of City within ten (10)
days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the Contract
Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the
cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein or,
if Contractor is providing design services, the cost of the project being designed, Contractor shall
promptly notify the Contract Officer of said fact, circumstance,technique or event and the estimated
increased or decreased cost related thereto and, if Contractor is providing design services, the
estimated increased or decreased cost estimate for the project being designed.
62 Records. Contractor shall keep,and require subcontractors to keep,such books
and records as shall be necessary to perform the services required by this Agreement and enable
the Contract Officer to evaluate the performance of such services. The Contract Officer shall have
full and free access to such books and records at all times during normal business hours of City,
including the right to inspect, copy, audit and make records and transcripts from such records. Such
records shall be maintained for a period of three (3) years following completion of the services
hereunder, and the City shall have access to such records in the event any audit is required.
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Contractor, its employees,subcontractors and agents in
the performance of this Agreement shall be the property of City and shall be delivered to City upon
request of the Contract Officer or upon the termination of this Agreement,and Contractor shall have
no claim for further employment or additional compensation as a result of the exercise by City of its
full rights of ownership of the documents and materials hereunder. Any use of such completed
documents for other projects and/or use of uncompleted documents without specific written
authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and
the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain
copies of such documents for it's own use. Contractor shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment to City of any
documents or materials prepared by them, and in the event Contractor fails to secure such
assignment, Contractor shall indemnify City for all damages resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
72 Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The
injured party shall continue performing its obligations hereunder so long as the injuring party
commences to cure such default within ten (10)days of service of such notice and completes the
CEQA Supplemental EIR—Section 14 —Terra Nova Contract Qr)-1)1, Page 7 of 15
cure of such default within forty-five (45) days after service of the notice, or such longer period as
may be permitted by the injured parry; provided that if the default is an immediate danger to the
health, safety and general welfare, such immediate action maybe necessary. Compliance with the
provisions of this Section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's right to take legal
action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the
Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any
amount payable to Contractor(whether or not arising out of this Agreement) (i) any amounts the
payment of which may be in dispute hereunder or which are necessary to compensate City for any
losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be
liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform
Contractors obligation under this Agreement. In the event that any claim is made by a third party,
the amount or validity of which is disputed by Contractor,or any indebtedness shall exist which shall
appear to be the basis for a claim of lien, City may withhold from any payment due, without liability
for interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver. A
party's consent to or approval of any act by the other party requiring the party's consent or approval
shall not be deemed to waive or render unnecessary the other party's consent to or approval of any
subsequent act. Any waiver by either parry of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. 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.
7.6 Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement,to obtain declaratory or injunctive relief,
or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any delay
in performance of this Agreement would be extremely difficult or impractical to determine in the
event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay
to the City the sum of (waived — see Exhibitt"B"")-as liquidated damages for each working day of
delay in the performance of any service required hereunder, as specified in the Schedule of
Performance(Exhibit"A"). The City may withhold from any monies payable on account of services
performed by the Contractor any accrued liquidated damages.
• 7.8 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section fortermination
for cause. The City reserves the right to terminate this Agreement at any time, with or without
cause, upon thirty(30)days'written notice to Contractor, except that where termination is due to the
fault of the Contractor, the period of notice may be such shorter time as may be determined by the
Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any
time upon, with or without cause, upon sixty (60) days' written notice to City, except that where
termination is due to the fault of the City, the period of notice may be such shorter time as the
Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately
CEQA Supplemental EIR—Section 14—Terra Nova Contract p�)��,° Page 8 of 15
cease all services hereunder except such as may be specifically approved by the Contract Officer.
Except where the Contractor has initiated termination, the Contractor shall be entitled to
compensation for all services rendered prior to the effective date of the notice of termination and for
any services authorized by the Contract Officer thereafter in accordance with the Schedule of
Compensation or such as may be approved by the Contract Officer, except as provided in Section
7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder. In the
event of termination without cause pursuant to this Section, the terminating party need not provide
the non-terminating party with the opportunity to cure pursuant to Section 72.
7.9 Termination for Default of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the City
shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the
Contractor for purpose of set-off or partial payment of amounts owed the City as previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a parry to any action or proceeding In any way connected with this Agreement, the
(prevailing party in such action or proceeding, in addition to any other relief which may be granted,
Whether legal or equitable, shall be entitled to reasonable attorneys fees. Attorney's fees shall
include attorney's fees on any appeal, and in addition a parry entitled to attorney's fees shall be
entitled to all other reasonable costs for investigating such action,taking depositions and discovery
and all other necessary costs the court allows which are incurred in such litigation. All such fees
shall be deemed to have accrued on commencement of such action and shall be enforceable
whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of the City
shall be personally liable to the Contractor, 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 the Contractor or to its successor,
or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officeror employee participate in any
decision relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association In which he is, directly or indirectly, interested, in violation of
any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.
Contractor shall take affirmative action to insure that applicants are employed and that employees
are treated during employment without regard to their race, color,creed, religion,sex, marital status,
national origin, or ancestry.
9.0 MISCELLANEOUS PROWSIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person shall
be in writing and either served personally or sent by prepaid,first-class mail, in the case of the City,
CEQA Supplemental EIR-Section 14-Terra Nova Contract Page 9 of 15
to the City Manager and to the attention of the Planning Services Director, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor,to the
person at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of
mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of language used and shall not be construed for or against either party by reason
of authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Integration: Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. This Agreement may be amended
at any time by the mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to carry
out the intent of the parties hereunder unless the invalid provision is so material that its invalidity
deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that(1)such party is duly organized and existing, (ii)they are duly authorized
to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date
first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By:
City Clerk David H. Ready
City Manager
APPROVED AS TO FORM
By:
City Attorney
CEQA Supplemental EIR—Section 14—Terra Nova Contract Page 10 of 15
CONTRACTOR: Terra Nova Planning & Research Check One:
400 South Farrell Drive, Suite B-205 _individual_Partnership_Corporation
Palm Springs, CA 92262
Corporations require two notarized signatures, one from A and one from B: A.Chairman of Board, President,
or any Vice President: and B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief
Financial Officer).
By: By:
Signature (notarized) Signature (notarized)
Name: John D. Criste Name: Nicole Sauviat Criste
Title: President Title: Vice President
Address: 400 South Farrell Drive, Suite B-205
Palm Springs, CA 92262 Address: 400 South Farrell Drive, Suite B-205
Palm Springs, CA 92262
State of California }
County of Riverside }ss State of California }
County of Riverside }ss
On before me, On before me
personally personally
appeared John 0. Criste personally known to me appeared Nicole Sauviat Criste personally known to
(or proved to me on the basis of satisfactory me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is evidence) to be the person whose name is
subscribed to the within instrument and subscribed to the within instrument and
acknowledged to me that he executed the same in acknowledged to me that she executed the same in
his authorized capacity,and that by his signature on her authorized capacity, and that by her signature
the instrument the person, or the entity upon behalf on the instrument the person, or the entity upon
of which the person acted,executed the instrument, behalf of which the person acted, executed the
instrument
WITNESS my hand and official seal.
WITNESS my hand and official seal.
Notary Notary
Signature: Signature:
Notary Seal: Notary Seal:
Y- r
CEQA Supplemental EIR—Section 14—Terra Nova Contract Page 11 of 15
EXHIBIT "A"
SCOPE OF SERVICES
Consultant agrees to perform the following Scope of Services for preparation of a CEQA
Supplemental EIR for the Section 14 Master Development Plan and Specific Plan.
PRELIMINARY SCOPE OF WORK:
A Terra Nova shall complete a review of all data and information available on area land use
trends and previous City and/or Tribe approvals in Section 14 and vicinity, including the
updated City General Plan and EIR (in progress), and other planning and environmental
documents;
A Terra Nova shall determine what additional information is needed to prepare environmental
materials, which shall also be reviewed by City before subsequent phases of the analysis are
initiated. This task will be accomplished by Terra Nova staff, in cooperation with City Planning
and legal staff;
A Terra Nova shall coordinate with City and Tribe, and prepare an updated project description
consistent with 2002 Final EIR for Section 14. Secure appropriate boundary maps and other
exhibits, which illustrate the planning area. Prepare both CEQA Initial Study/Addendum and
Notice of Preparation (NOP), review same with City Planning staff, and transmit to public
agencies, with City lead agency concurrence and assistance;
A Terra Nova proposes to conduct all analysis and documentation with in-house staff. With the
exception of a Water Supply Assessment (see below), no other special studies have been
determined necessary to complete the SEIR, and previously prepared studies and analyses
shall be used to the greatest extent possible;
A Terra Nova shall coordinate with City staff and/or City's title company to secure surrounding
property owners notification package for public notification of public meetings and hearings;
A Terra Nova shall confer with the City Traffic Engineer and shall otherwise rely upon and cite
the findings of the traffic analysis prepared for the original 2002 EIR. No additional traffic
impact analysis is planned, with the expectation that individual projects will be required to
conduct their own project-specific traffic analysis;
A No new air quality analysis is anticipated for the project; however, Terra Nova will clarify any
changes in management and regulation that may have been enacted since the 2002
certification of the original EIR and which will be applicable to continuing development in
Section 14,
A Confer with the Desert Water Agency, City Public Works Department and City Attorney, and
prepare a Draft Water Supply Assessment (WSA) for review and approval by the City and
DWA. A copy of the final WSA shall be included in the Draft SEIR technical appendices. The
WSA shall be prepared in accordance with DWA, City and State requirements and will satisfy
applicable state law regarding demonstration of long-term water supply availability for this
project. Terra Nova shall rely on DWA's Urban Water Management Plan to complete this
assessment;
CEQA Supplemental EIR-Section 14-Terra Nova Contract Page 12 of 15
A Establish project work and meeting schedules with City Planning and other staff to assure a
logical and orderly drafting and review of the SEIR document, environmental analysis and
supporting information;
A Update research, document and mapping of environmental resources and hazards for
integration into the SEIR. Each analysis category shall be briefly addressed in the
Environmental Setting discussion and will be expanded to demonstrate the adequacy of
previous analysis. Issues requiring furtheranalysis(currently limited to Water Resources)shall
be fully analyzed in the impacts and mitigation section of the EIR. The goal is to provide an
adequately updated document, which utilizes the most up-to-date data and information
available in a manner compliant with CEQA;
A City staff shall review the screencheck copy of Draft SEIR priorto transmittal and Terra Nova
shall confer with City staff regarding comments and shall amend the screencheck draft
accordingly;
A In order to expedite SEIR processing and assuming concurrence by the City,Terra Nova shall
prepare a draft Notice of Completion (NOC) and shall transmit the Draft SEIR for public
comment utilizing a City-approved transmittal list. Fifteen(15)copies shall also be transmitted
to the State Clearinghouse thereby starting the 45-day public comment period;
A Terra Nova shall prepare and facilitate City publication of Notice of Availability (NOA) in
conformance with California Government Code, and applicable City requirements;
A The City shall provide Terra Nova with copies of comment letters received on the Draft SEIR.
Terra Nova will restate comments on the SEIR and prepare responses to comments,
conferring with City staff before finalizing responses. Terra Nova and City staff shall work
cooperatively in the completion of Final SEIR documentation. Any necessary findings of
overriding consideration will be developed jointly between City and Terra Nova staff.
Preparation of Statements of Overriding Consideration are not included in this scope of work
or budget;
A Upon completion of the Final SEIR, Terra Nova shall transmitthis documentto all commenting
agencies/parties, as well as to those who have requested a copy from the City. Said
transmittal must be accomplished at least 10 days prior to City SEIR certification;
A Terra Nova shall confer with the City and will assist staff in the preparation of staff reports and
other materials to accompany documents to be provided to the Planning Commission and City
Council, prior to consideration of the project at public hearings;
A Terra Nova and City staff shall work cooperatively in the public presentation of the Draft and
Final SEIR, and make recommendations at one public hearing each before Planning
Commission and City Council;
CEQA Supplemental EIR-Section 14-Terra Nova Contract page 13 of 15
EXHIBIT "B"
SPECIAL REQUIREMENTS
City hereby waives Section 5.3 as a requirement of this Agreement.
City hereby waives Section 7.7 as a requirement of this Agreement.
CEQA Supplemental EIR—Section 14—Terra Nova Contract Page 14 of 15
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Client agrees to compensate Consultant for such services as shown below.
Consultant shall complete the work outlined above in accordance with the fees schedule identified
below and shall invoice Client on a monthly basis on the percentage of completion.
TASKS DESCRIPTION F E E S
Preliminary Costs
This project budget is based on close consultation with City staff and legal counsel, and on a review
of the certified 2002 EIR for the Section 14 Specific Plan. The following budget assumes close and
on-going consultation and coordination with the City.
Staff Time Arnxrt
Meetings and Consultations $ 5,400.00
Field Surveys, Data Collection &Analysis $ 3,200.00
CEQA Initial Study/Addendum & Notice of Preparation $ 4,300.00
CEQA Supplemental Environmental Impact Report $ 11,400.00
Response to Comments (assumes 40 hours) $ 5,400.00
Preparation of NO], NOD, staff report, & distribution of documents, etc. $ 4,240.00
Administrative Support $ 2,600.00
Subtotal $ 36,540.00
Special Studies
Water Supply Assessment $ 13,000.00
Subtotal $ 13,000.00
Reimbursables
Exhibit Preparation $ 2,200.00
Misc. Printing $ 500.00
Printing of SEIR and Response to CommentSZ $ 5,000.00
Misc. Office: Postage, telephone, FAX, photocopies, etc. $ 2,000.00
Subtotal
Total Contract $ 59,240.00
1• Reimbursables are estimates and will be billed on a cost basis with supporting documents with each invoice.
2. Assumes 5 screencheck documents, 50 draft documents, 15 response to comments, and 5 final documents.
CEQA Supplemental EIR—Section 14—Terra Nova Contract Page 15 of 15
November 14, 2006
Mr. Thomas 1. Wilson
Assistant City Manager, Development Services
City of Palm Springs
3200 E_ Tahquitz Canyon Way
Palin Springs, CA 92262
RE: Preparation of a CEQA Supplemental EIR for the Section 14 Master Development Plan
and Specific Plan
Dear Mr- Wilson:
Please allow this letter to serve as the basis for an agreement between Terra Nova and the City for the
preparation of a CEQA-compliant Supplemental Environmental Itnpact Report (SEIR) for the Section
14 Master Development Plan and Specific Plan, which was approved by the City and the Agua Caliente
Band of Cabuilla Indians (Tribe) in 2002_ It is understood that the City would like to supplement this
document in order to address and cure certain potential inadequacies in the original EIR.
Based on our research and consultations on the project scoping with you and Planning staff', the City
Attorney and his in-house CEQA expert, the following represents our scope of work and budget for the
preparation of the Supplemental EIR for this project. We therefore offer the following scope of work
and budget.
preliminary Scope of Work
a Terra Nova shall complete a review of all data and information available on area land use trends
and previous City and/or Tribe approvals in Section 14 and vicinity, including the updated City
General Plan and EIR (in progress), and other planning and environmental documents;
A Terra Nova shall determine what additional information is needed to prepare environmental
materials, which shall also be reviewed by City before subsequent phases of the analysis are
initiated. This task will be accomplished by Terra Nova staff, in cooperation with City Planning
and legal staff;
A Terra Nova shall coordinate with City and Tribe, and prepare an updated project description
consistent with 2002 Final EIR for Section 14. Secure appropriate boundary maps and other
exhibits, which illustrate the plaruiing area. Prepare both CEQA Initial Study/Addendum and
Notice of Preparation (NOP), review same with City Planning staff, and transmit to public
agencies, with City lead agency concurrence and assistance;
Terra Nova/City of Palm Springs
Section 14 Specific Plan Supplemental E1R/11.14,06
A Terra Nova proposes to conduct all analysis and documentation with in-house staff. With the
exception of a Water Supply Assessment (see below), no other special studies have been
deteonined necessary to complete the SEIR, and previously prepared studies and analyses shall be
used to the greatest extent possible;
A Terra Nova shall coordinate with City staff and/or City's title company to secure surrounding
property owners notification package for public notification of public meetings and hearings;
A Terra Nova shall confer with the City Traffic Engineer and shall otherwise rely upon and cite the
Cndings of the traffic analysis prepared for the original 2002 EIR. No additional traffic impact
analysis is planned, with the expectation that individual projects will be required to conduct their
own project-specific traffic analysis;
A No new air quality analysis is anticipated for the project; however, Terra Nova will clarify any
changes in management and regulation that may have been enacted since the 2002 certification of
the original EIR and which will be applicable to continuing development in Section 14;
A Confer with the Desert Water Agency, City Public Works Department and City Attorney, and
prepare a Draft Water Supply Assessment (WSA) for review and approval by the City and DWA.
A copy of the final WSA shall be included in the Draft SEIR technical appendices. The WSA shall
be prepared in accordance with DWA, City and State requirements and will satisfy applicable state
law regarding demonstration of long-term water supply availability for this project. Terra Nova
shall rely on DWAs Urban Water Management Plan to complete this assessment;
A Establish project work and meeting schedules with City Planning and other staff to assure a logical
and orderly drafting and review of the SEIR document, environmental analysis and supporting
information;
A Update research, document and mapping of environmental resources and hazards for integration
into the SEIR. Each analysis category shall be briefly addressed in the Environmental Setting
discussion and will be expanded to demonstrate the adequacy of previous analysis_ issues requiring
further analysis (currently limited to Water Resources) shall be fully analysed in the impacts and
mitigation section of the EIR. The goal is to provide an adequately updated document, which
utilizes the most up-to-date data and information available in a manner compliant with CEQA;
A City staff shall review the screencheck copy of Draft SEIR prior to transmittal and Terra Nova
shall confer with City staff regarding comments and shall amend the screencheck draft
accordingly;
A In order to expedite SEIR processing and assuming concurrence by the City, Terra Nova shall
prepare a draft Notice of Completion (NOC) and shall transmit the Draft SEIR for public continent
utilizing a City-approved transmittal list. Fifteen (15) copies shall also be transmitted to the State
Clearinghouse thereby starting the 45-day public continent period;
A Tetra Nova shall prepare and facilitate City publication of Notice of Availability (NOA) in
conformance with California Government Code, and applicable City requirements;
2
Tcrra Nova/City of Palm Springs
5cction 14 Specific Plan Supplemental EIR/11.14.06
A The City shall provide Terra Nova with copies of comment letters received on the Drag SEIR.
Terra Nova will restate comments on the STIR and prepare responses to comments, conferring
with City staff before finalizing responses. Terra Nova and City staff shall work cooperatively in
the completion of Final SEIR documentation. Any necessary findings of overriding consideration
will be developed jointly between City and Terra Nova staff. Preparation of Statements of
Overriding Consideration are not included in this scope of work or budget;
A Upon completion of the Final SEIR, Terra Nova shall transmit this document to all commenting
agencies/parties, as well as to those who have requested a copy from the City. Said transmittal
must be accomplished at least 10 days prior to City SEIR certification;
A Terra Nova shall confer with the City and will assist staff in the preparation of staff reports and
other materials to accompany documents to be provided to the Planning Commission and City
Council, prior to consideration of the project at public hearings;
A Terra Nova and City staff shall work cooperatively in the public presentation of the Draft and Final
SEIR, and make recommendations at one public hearing each before Planning Commission and
City Council;
Preliminary Budget
This project budget is based on close consultation with City staff and legal counsel, and on a review of
the certified 2002 EIR for the Section 14 Specific Plan. The following budget assumes close and on-
going consultation and coordination with the City.
Staff Time Amount
Meetings and Consultations _ $ 5,400.00
Field Surveys, Data Collection& Analysis $ 3,200.00
CEQA Initial Study/Addendum & Notice of Preparation S 4,300.00
CEQA Supplemental Environmental Impact Report $ 11,400.00
Response to Comments (assumes 40 hours) S 5,400.00
Preparation of NOI, NOD, staff report & distribution of document, etc. S 4,240.00
Administrative Support $ 2,600.00
Subtotal $ 36,540.00
Special Studies
Water Supply Assessment $ 13,000.00
Subtotal S 13,000.00
Reimburseables'
Exhibit Preparation S 2,200.00
Misc. Printing $ 500.00
Printing of SEIR and Response to Comments' $ 5,000.00
Misc. Office: Postage, telephone, FAX, photocopies, etc. $ 2;000.00
Subtotal S 9,700.00
Total Budget $ 59,240.00
1. Reimbursables are c%timates and will be billed on a cost basis.
2. Assumes 5 sereencheck documents, 50 draft documents, 15 response to comments,and 5 fmal documents.
3 0 r, e-
�' ..,..
Terra Nova/City of Palm Sprints
Section 14 Specific Plan Supplemental MR/11.14.06
Project Schedule
Terra Nova shall complete the screencheck draft of the SEIR within approximately 90 to 100 days of the
initiation of the agreement with the City. Every effort shall be made to expedite completion of WSA and
Draft SEIR. The subject scope of work will involve consultations, as well as analysis and documentation
of findings. Every effort will be made to complete the scope of work in the most expeditious manner
possible. Terra Nova shall not be held responsible for delays beyond its control.
If the scope of work, budget and schedule set forth above meet with the City's approval, please so
indicate by signing and dating where provided below and return a copy of this agreement letter with wet
signature to our office.
Thank you for the opportunity to be of service. If you have any questions or would like additional
information please do not hesitate to contact me.
Sincerely,
John D. Criste, AICP
Principal By: Thomas J. Wilson, ACM
City of Palm Springs
cc
Nicole S. Criste, Terra Nova Date
Craig Ewing, City of Palm Springs
Jason Retterer, Esq.
File
4
Terra Nova/City of Palm Springs
Section 14 Specific Plan Supplemental EIR/11,14.06
r �
J 'TERRA NOVA PLANNING & RESEARCH, INC."
400 S. FARRELL DR., SUITE B-205
PALM SPRINGS, CA 92262
STANDARD FEE SCHEDULE
2006
Terra Nova invoices its clients on a cost-basis using an hourly billing system. The scope of each
planning effort is typically broken down by task and assigned estimated necessary staff time and the
applicable hourly rate_ All payments for services rendered are to be made payable to Terra Nova
Planning & Research, Inc. unless otherwise indicated. Clients are invoiced on a monthly basis, and
invoices are due and payable upon receipt_ A charge of 1.5% per month is added to all invoices over 30
days past due. The current fee schedule is provided below:
Terra Nova Staff hourly Rate
Principal Planner $ 135,00
Senior Planner $ 120.00
Associate Planner $ 110,00
Assistant Planner $ 95.00
Senior Engineer $ 135.00
Associate Engineer $ 110.00
Senior Architect/Landscape Architect S 135-00
Associate Architect/Landscape Architect $ 95.00
Senior Biologist $ 125,00
Design Principal S 95.00
Media Specialist S 85-00
Computer Aided Drafting $ 55.00
Draftsman $ 45.00
Administrative Assistant $ 40-00
Secretarial Services $ 25.00
REIMBURSABLES
B/W Photo Copies $ 020 ea.
Color Photo Copies S 0.85 ea.
Blueprints/Xerox $ 0.30/sq. ft,
Computer Plotter $35.00/IIr.
Telephone Toll Charges Cost
FAX Transmittals Cost
Reproduction, Special photographic services,
document printing, aerial photogrammetry,
postage, etc. Cost+15%.
5