HomeMy WebLinkAbout5/2/2007 - STAFF REPORTS - 2.I. D4 PALM s'4P
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City Council Staff Report
DATE. May 2, 2007 CONSENT AGENDA
SUBJECT: AMENDMENT NO. 1 TO AGREEMENT NO.A5312 WITH HOGLE-IRELAND
ASSOCIATES FOR ADDITIONAL PROFESSIONAL SERVICES FOR THE
COMPLETION OF THE FOCUSED ENTITLEMENT SERVICES FOR THE
PALM SPRING MODERN HOMES' PEDREGAL, PROJECT, CASE 5.1103,
TENTATIVE TRACT MAP 33162
FROM: David H. Ready, City Manager
BY: Director of Planning Services
SUMMARY
Staff is requesting that Council approve Amendment No. 1 for $2,470.00 that represents
additional professional services and reimbursables payable to Hogle-Ireland Associates for
the completion of a Focused Entitlement Professional Environmental Services Contract
(A5312) of$24,700.00 for the Pedregal Project Case 5.1103 /TTM 33162 —to subdivide
13.905+ acres and build a 131-unit complex of one and two-story condominiums at 2855
North Palm Canyon Drive and 621 Tramway Road. The original contract amount was
$24,700.00 and this Amendment of$2,470.00 now causes the full contract($27,170.00)to
require City Council approval. All funds have been received from the developer and are
being held in the Developer Depository account.
RECOMMENDATION:
1) Adopt Minute Order No. , Approving Amendment No. 1 to Agreement No.
A5312 with Hogle-Ireland Associates in the amount of $2,470 for a total contract
amount of $27,170 for additional professional services and reimbursables for the
Focused Entitlement Services for Palm Springs Modern Homes' Pedregal Project,
Case 5.1103, Tentative Tract Map 33162, at 2855 North Palm Canyon Drive and
621 Tramway Road.
2) Authorize the City Managerto execute all necessary documents in a form acceptable
to the City Attorney.
ITEM NO.
City Council Staff Report
May 2, 2007--Page 2 of 2
Pedregal Amendment#1
STAFF ANALYSIS
The City has received all funds from the developer and this Amendment of $2,470.00 will
complete the contract and allow the City to complete payment of this Hogle-Ireland contract.
FISCAL IMPACT:
There is no fiscal impact to the City as the applicant has paid all funds to the City for this project.
C ai A. ing, Al 5f homas J. Wilso
Director of Plan ng�Services Assistant City nager of
Development Services
David H. Ready
City Manager
Attachments:
1. Minute Order
2. Amendment No. 1
3. Original Agreement
L � J`
MINUTE ORDER NO.
APPROVE AMENDMENT NO. 1 TO AGREEMENT NO.
A5312 WITH HOGLE-IRELAND ASSOCIATES IN THE
AMOUNT OF $2,470 FOR A TOTAL CONTRACT AMOUNT
OF $27,170 FOR ADDITIONAL PROFESSIONAL
SERVICES AND REIMBURSABLES FOR THE FOCUSED
ENTITLEMENT SERVICES FOR PALM SPRINGS
MODERN HOMES' PEDREGAL PROJECT, CASE 5.1103,
TENTATIVE TRACT MAP 33162, AT 2855 NORTH PALM
CANYON DRIVE AND 621 TRAMWAY ROAD
I HEREBY CERTIFY that this Minute Order, approving Amendment No. 1 to
Agreement No. A5312 with Hogle-Ireland Associates in the amount of $2,470 for a
total contract amount of $27,170 for additional professional services and
reimbursables for the Focused Entitlement Services for Palm Springs Modern
Homes' Pedregal Project, Case 5.1103, Tentative Tract Map 33162, at 2855 North
Palm Canyon Drive and 621 Tramway Road was adopted by the City Council of
the City of Palm Springs, California, in a meeting which was held on the
day of May, 2007.
James Thompson
City Clerk
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT—AMENDMENT No. 1
For Additional Services in the Completion of
the Focused Entitlement Agreement A 5312 for
Palm Springs Modern Homes
"Pedregal" Project 5.1103-PD-3251 TTM 33162
THIS AMENDMENT #1 TO THE ORIGINAL CONTRACT SERVICES
AGREEMENT (herein "Agreement"), is made and entered into
this 2007, by and between the CITY OF PALM
SPRINGS, a municipal corporation, (herein "City") and HOGLE-IRELAND,
INC.(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 the original Agreement#A5312 dated July 17, 2006 and this Amendment#1, the
Contractor declares that all services have been provided as specified in the original
Agreement and those outlined in the attached "Additional Services for Pedregal
Project dated September 5, 2006 (attached hereto as Exhibit "A" ) .
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 the original Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder have
been 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 and all services of this
Agreement/Contract have been completed in accordance with all terms and
conditions outlined in the original Agreement.
1.4 Additional Services. Contactors warrants that all additional
services of this Amendment No. 1 have been fulfilled and completed as specified in
the Additional Services for Pedregal Project (Exhibit "A").
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this
Amendment No. 1 the Contractor shall be compensated in accordance with the
5M03 PSMH Ped regal—Hogle-Ireland Contract Amendment#I Page 1 of 5
"Schedule of Compensation" attached hereto as Exhibit"B" and incorporated herein
by this reference, but not exceeding the maximum contract amount of TWO
THOUSAND FOUR HUNDRED SEVENTY DOLLARS ($2,470.00) herein "Contract
Sum"). All Funds have been paid to the City of Palm Springs by Palm Springs Modern
Homes VI, LLC and are being held on deposit pending approval of this Amendment.
IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of the date first written above.
CITY Or PALM SPRINGS
a municipal corporation
By l
rai A. wing, i ector of Planning
ATTEST:
By: By:
City Clerk David H. Ready, City Manager
APPROVED AS TO FORM
By:
City Attorney
5.1103 PSMH Pedregal—Hogle-Ireland Contract Amendment#1 Page 2 of 5 _
CONTRACTOR: Hogle-Ireland, Inc. Check One-
4280 Latham Street, Suite C _Individual_Partnership_Corporation
Riverside, CA 92501
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: Name:
Title: Title:
Address: Address:
State of } State of��
County of }ss County of }ss
On before me, On before me
personally personally
appeared appeared
personally known to me (or proved to me on the personally known to me (or proved to me on the
basis of satisfactory evidence)to be the person(s) basis of satisfactory evidence) to be the person(s)
whose namc(s) Is/are subscribed to the within whose name(s) is/are subscribed to the within
instrument and acknowledged to me that instrument and acknowledged to me that
he/she/they executed the same in his/her/their he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s),or the signature(s)on the instrument the person(s),or the
entity upon behalf or which the person(s) acted, entity upon behalf of which the person(s) acted,
executed the instrument. executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
uP_1�s
5.1103 PSMIi PedYegal—Hogle-Ireland ContractAmendmenl#1 Page 3 of 5 it - -+
EXHIBIT "A" —AMENDMENT#1
SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE
Consultant has completed the services outlined in the original Agreement/Contract
A5312 and the Additional Services outlined in the attached forthe Palm Springs Modern
Homes' "Pedregal" project 5.1103-PD-325 I TTM 33162, the subdivision of 13.95+acres
to build a 131-unit one- and two-story condominium development at 2855 North Palm
Canyon Drive and 621 Tramway Road.
Attached Marked Exhibit A—Amendment #1 — marked page 2
5.1103 PSMH Pedregal—Hogle-Ireland Contract Amendment#1 Page 4 of 5 «� �
EXHIBIT "B" —AMENDMENT#1
SCHEDULE OF COMPENSATION
Client agrees to compensate Consultant for such services as shown below, and
Consultant has completed all work outlined in the original Agreement/Contract and
those listed as Additional Services in accordance with the fee schedule identified
below and has invoiced Client accordingly.
Additional Services Performed:
Completion of the Mitigated Negative Declaration which was going to be
prepared under a separate contract.
Preparation of a second incomplete letter and new analysis of the project
TTM that went from four lots to two lots to comply with Code.
This request invokes Section 1.8 (Additional Services)of the original
Agreement A 5312 - $24,700 x 10% = $2,470.00 for a new total contact of
$27,170.00 that requires City Council Approval. Section 1.8 of original
Agreement A5312 is shown below for clarification:
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 (Exhibit A') 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 (h) 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 (Exhibit 'A') 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.
TOTAL ADDITIONAL SERVICES PER SECTION 1.8 $ 2,470.00
5.1103 PSMH Pedregal—Hogle-Ireland Contract Amendment#1 Page 5 of
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September 5, 2006
EXHIBIT "A"—AMENDMENT#1
Craig Ewing, Director of Planning Services (Page 2)
Department of Planning Services
3200 E Tahquitx Canyon Way
Palm Springs, CA 92262
Re: Additional Services for Pedregal Project
Dear Mr. Ewing:
Thank you for the kind words on completing the Planning Commission staff report and presentation
for the Pedregal Proposal. As of this date, we are running over budget with the project and
request consideration of invoking Section 1.8 of the agreement.
The overrun is due to the completion of the Mitigated Negative Declaration which was going to be
prepared under a separate contract. We also completed a second incomplete letter and new
analysis of the project Tentative Tract Map that went from four lots to two lots to comply with
Code. The original agreement is clear that the environmental was going to be prepared under a
separate contract. A separate contract would be time consuming for all.
My request is to invoke Section 1.8 (Additional Services) and request utilization of the 10% of the
contract sum to address the work completed on the Mitigated Negative Declaration and remaining
work related to the City Council Staff Report. We are confident that the remaining costs will not
exceed the 10% allowance under Section 1.8 of the agreement.
If you have any questions, please do not hesitate to call me. Thank you for your consideration of
our request.
Sincerely
Mario Suarez, AICP
Project Manager
Ap*Direr
roved I
cc Paul Ireland, Partner BY
Scarlet Ball, Operations Manager ing, CP
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Date: 4I L_2-1 b7
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CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
Focused Entitlement Services for
Palm Springs Modern Homes'
"Pedregal" Project 5.1103-PD-325/TTM 33162
THIS CONTRACT SERVICES AGREEMENT(herein "Agreement"), is made and entered
into this v ,2006, by and between the CITY OF PALM SPRINGS, a
municipal corporatio , (herein "City")and HOGLE-IRELAND, INC.(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 Contractor's 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 Familiars with Work. By executing this Contract, Contractor warrants that
1
Contractor(a) has thoroughly investigated and considered the scope of services to be performed,
5.1103 PSMH Pedregal—Hogle-Ireland Contract Page I of I8
ILICA—
(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 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 under this 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 any time during the
performance of the services,without invalidating this Agreement,to order extra work beyond that
specified in the Scope of Services (Exhibit "A") 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 (Exhibit"A")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
5.1103 PM-1 Pedregal—Aogle-Ireland Contract Page 2 of 18
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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 TWENTY-FOUR THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS
($24,700.00) 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
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 (Exhibit "A") 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.
2.2 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 including all supporting documents for out-of-pocket and/or reimbursable expenses.
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.
S.1103 PSMH Pcdregal—Hoglc-Imland Contract Page 3 of 18
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3.2 Schedule of Performance. Contractor shall commence the services pursuant
to 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 to exceed 210 days.
3.3 Force Maieure. The time period(s)specified in the Schedule of Performance
(Exhibit "A") 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.
3A 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 notexceeding one(1)yearfrom 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:
Tonya Pace, Project Manager*
Chris Brown, Assistant Project Manager**
Hogle-Ireland, Inc.
951-787-9222 phone — 951-781-6014 fax— Riverside Office*
760-327-9042 phone — 760-327-9087 fax— Palm Springs Office**
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.
5-1103 PSMH Pedregal—Hogle-Ireland Contract Page 4 of 18
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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 or Assignment. 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
may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation
of law, whether for 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 it will consent to 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.
4.4 Independent Contractor. Neither the City norany 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 of 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 anyjoint enterprise with
Contractor.
5.1103 PSMH Pedregal—Hogte-Tzeland Contract Page 5 of 18
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 LiabilityInsurance- 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 y
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, prior to 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.
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.
5.1103 PSMH Pedregal—Hoglc-Ireland Contract Page 6 of 18
t ��
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
Contractor's 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 Surety. 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
5.1103 PSMH Pedregal—Hogle-Ireland Contract Page 7 of 18 �� �
notice from the City Manager or designee; provided that the Contractor shall have the right to
appeal a 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 cast 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.
6.2 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 its 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 priorwritten approval of the Contract Officer.
E
5.1103 PSM11 Pedregal—IIogle-Ireland Contract Page 8 of 18
(1)01 f
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
therefor. 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 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 party; provided that if the default is an immediate
danger to the health, safety and general welfare, such immediate action may be 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 Contractor's 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
nondefaulting 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 party 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.
5,1103 PSMH Pedregal—Hogle-Ireland Contract Page 9 0£18
L - t�)01 S
7.6 Lepal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, corrector remedy any default, to recoverdamages 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 Liauidated 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 Exhibit"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 for
termination 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 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 7.2.
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 the purpose of set-off or partial payment of the 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 party to any action or proceeding in anyway 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 attorney's fees. Attorney's fees shall
include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be
entitled to all other reasonable costs for investigating such action,taking depositions and discovery
5.1103 PSMH Pedregal—Hogle-Ireland Contract Page 10 of 18
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 officer or 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 PROVISIONS
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, 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 the language used and shall not be construed for or against either party by
reason of the authorship of this Agreement or any other rule of construction which might otherwise
apply.
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.
5,1103 PSMH Pedregal—Hogle-Ireland Contract Page I 1 of 18
n
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 (i) 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
a municipal rporation
By r
i wing, D' ctor of Planning
ATTEST:
By
ity Clerk David H. Ready, City a a
APPROVED BY CRY MANAGER
APPRO7;OR
By: � W L
City Atto ey
5.11D3 PSMH Pedregal—Hogle-Ireland Contract Page 12 of 18
0 771
CONTRACTOR: Hogle-Ireland, Inc. Check One,
4280 Latham Street, Suite C _Individual_Partnership ✓Corporation
Riverside, CA 92501
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 ant Treasurer, or Chief Financial Officer).
By:
Signature /In''ot rized) gnat re (not Ized)
Name: L FF)&Ie— Name: "ow_t' Tf&La ,Lal.
cj
Title: '_ �r`�.ukjl�- Title: VGC2
Address: a(.P0 Ho-'e((•e D-• *fp0 Address: Z$ IChlte Or— 4160
�121e0(p 0
State of 04.t.Z4,fn &-, State of •S l�ri )
County of rrt� P��}ss County of
On Nt 7_00(P before me, On l l°I 7 b O C° before me
personally SG.,,..r(A IL
personally
appeared appeared
personally known to Yne (er—lera� personally known to me ( ^w FFIRi„140
t3as s oRsat s#aeterynw dern�e)to be the person(s) basis-efsatisfaetcar3 eaidanae) lobe the person(s)
whose name(s) is/are subscribed to the within whose name(s) is/are subscribed to the within
instrument and acknowledged to me that instrument and acknowledged to me that
he/she/they executed the same in his/her/their he/shelthey executed the same in his/her/their
authorized capacity(ies), and that by his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s),or the signature(s)on the instrument the person(s),or the
entity upon behalf of which the person(s) acted, entity upon behalf of which the person(s) acted,
executed the instrument. executed the Instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Q Notary Q
Signature: r t PAY yJ Signature: &C'+—� f6"--,
Notary Seal: Notary Seal:
BALL b r, SCARLETT BALL
SCARLETT
Comm r♦13C1Bc61 �J ¢ Comm.PUBLIC
-CALI1
ND�•A PUe41C-CAUFQRNIA Y NOTARY pU6LIC•CALIFORNIA
CRPNGECOUNTY ORANGECOUNTY
MV CamnL[:xd r"Auousl 6 Mr Comm E41M AuQust 0,2006
a.wwl • A���
5.1103 PSNM Pedregal—Hogle-Ireland Contract Page 13 of 18
� �
EXHIBIT "A"
I
SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE
Consultant agrees to perform the following Scope of Services for the Palm Springs Modern Homes'
"Pedregal"project 5.1103-PD-325/TTM 33162, a 131-unit one-and two-story condo development on
13.95 acres with one custom-built home at 2855 North Palm Canyon Drive and 621 Tramway Road.
Application Processing:
For planning purposes, the project schedule is anticipated:
Staff Meeting--Review application, give first cut comments
(Week 1; PS, inc. Planning, Engineering, Building, Fire; HI)
Intra-Agenev Application Circulated
(Week 2; HI to PS. PS to departments)
Protect Schedule - Prepare schedule and track proiect with MS Project Schedule
(Week 2; HI)
Preliminary Environmental Review and Completeness Determination
(Week 3; HI, PS)
Completeness Letter
(Week 4; HI) j
Schedule Architectural Advisory Committee (AAC)
(Week 4; HI, PS)
Review Special Studies
(Week 4; HI)
Studies Submitted by PED,
• Traffic
• Air Quality
• Phase I — Environmental
Biology
• Soils
• Hydrology
Notice
Studies Not Submitted by PED
• VisuallmpactSZ
1. It is assumed that PED has completed or submitted these studies.Should they not be complete, scope and
budget may require amendment.
2. The applicant has not submitted a Visual Impact Assessment. Scope and budget amendment may be
required depending on the extensiveness required for review of the Assessment.
5 1103 PSMH Pedregal—Hoglc-Ireland Contract Page 14 of 18
(ffl�3i
Prepare Environmental Document
(Preparation under separate contract)
Re-submittal of Materials
(Week 8, assumes complete re-submittal; PED)
Prepare for and Attend AAC Meetings and Prepare Summary Notes
(Week 8 and Week 10, assumes 2 meetings; HI)
Schedule Plannina Commission Hearing
(Week 18; Hl, PS)
Property Owners' Notification/Public Hearing Notice
(HI to PS for distribution, advertising to coincide with environmental document)
Prepare Planning Commission Staff Report
(Week 19 through Week 21; HI, PS)
Schedule City Council Hearing
(Week 23; HI, PS)
Planning Commission Hearinq
Week 23, HI, PS)
Property Owners' Notification/Public Hearing Notice
(HI to PS for distribution, advertising)
PREPARE CITY COUNCIL STAFF REPORT
(Week 24 through Week 26; HI)
City Council Hearinq
(Week 28; HI, PS)
Prepare and Post Notice of Determination
Week 28; HI, PS)
CEQA Appeal Period
(30 days from posting of NOD)
5 1103 PSMH Pedregal—Hogle-Ireland Contract Page 15 of 18
EXHIBIT "B"
I
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.
1
I
5.1103 PSNM Pedregal—Hogle-Ireland Contract Page 16 of 18 _
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Client agrees to compensate Consultant for such services as shown below, and 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
The above scope of work identifies the quantities of work products and meetings assumed to be adequate
to provide entitlement processing of the subject project. Based on the tasks described above, the following
is our preliminary cost estimate. Hours provided are estimates per each task. Hours designated for one
task may be adjusted between tasks, while using good faith to stay within the preliminary cost estimate.
Should the total number of hours be exceeded, a budget amendment will be requested. Conversely, time
not spent will not be billed. In the event that additional production items are required, costs will be billed as
approved by the Director of Planning.
Budget Item A m o u n t
Consultation/Meetings/Coordination (City, Applicant, internal) (44 hrs.) $ 4,400.00
Data Collection/Application Review/Analysis (64 hrs.) $ 6,400.00
Project Schedule (8 hrs.) $ 800,00
Preparation for/Attendance at AAC Meetings,
Preparation of Summary Notes (45 hrs.) S 4,500.00
PC & CC Meeting Attendance and Staff Reports (40 hrs.) $ 4,000.00
Preparation/Transmittal of Initial Study NOI, NOD,
Public Notices, etc. (16 hours) $ 1,600,00
Assist City Staff with project routine follow-up, etc. where applicable $ 2000.00
Subtotal $ 23,700.00
Reimbursables
Miscellaneous $ 1,000.00
Supporting documents ror all reimbursables will be attached to subject invoice.
Subtotal $ 1,000.00
TOTAL $ 24,700.00
I
5.1103 PSNM Pedregal—1•Iogle-Ireland Contract Page 17 of 18
11 I 'C;
EXHIBIT "D"
HOGLE-IRELAND, INC.
SCHEDULE OF HOURLY RATES
Effective January 1,2006
CLASSIFICATION RATE
Partner $165.00
Principal $140.00
Director of Public Relations $125.00
Director of Environmental Planning $125,00
Senior Designer $120.00
Senior Project Manager $120.00
Project Manager $110,00
Senior Associate Project Manager $100.00
Associate Project Manager II $90.00
Associate Project Manager 1 $85.00
Graphics Designer $80.00
Assistant Project Manager II $80,00
Assistant Project Manager 1 $65.00
Project Technician $60,00
Woad Processing $60.00
All hourly rates include normal overhead. Reimbursable expenses,
including blueprints, etc., will be billed at cost plus 10%. Hourly rates
updated periodically. Expert Witness for deposition and testimony will
be billed at $350.00 per hour.
I
5.1103 PSMH Pedregal_Hogle-Ireland Contract Page 18 of 18