HomeMy WebLinkAbout05474 - STANTEC CONSULTING INC PALM RIDGE LLC FOCUSED ENTITLEMENT SVCS Page I of
Kathie Hart
From: Loretta Moffett Io
Sent: January 30, 2008 10:11 AM `
To: Kathie Hart F
Cc: Craig Ewing; Edwar obertson
Subject: Palm Ridge LLC ontmct- Project 6.1145 -Stantec consufffPPPting Contract is ok to close —their consulting
is complete and is paid.
The 0 & M Indian Canyon for Hard Rock Project is also ok to close...contract with Terra Nova is
completed and paid
Thanks for the reminderst
Lorertu iYlnffetl
Admimytrauvr.Asslscnrac co [.l� C.� � �
760-323-8270 .hoiaRger-Development SLrvJcLs �•� p�_ p-1�
760.323.62%0 phone 1 W61s'-� 4er I
760.322•8360 fax
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LoreLta.Moffett@poalin:pring:-ca.gov
Pis note new email address t
02/04/08
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CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
for
Focused Entitlement Services for
PALM RIDGE, LLC
Project No. 5.1145 CZ/GPA and TTM 34938
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this ! V "A-( 2007, by and between the CITY OF PALM SPRINGS, a
municipal corporation, (herein "City") and STANTEC CONSULTING, 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 Pronosal. 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 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 cammenccment
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
5.1145 Palm Ridge—Stantec Contract Page 1 of 19
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 any time 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 TWENTY-FOUR THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($24,500.00) herein "Contract Sum"), except as provided in Section 1.8. The method of
5 1145 Palm Ridge—Stant9C Contract Page 2 of 19
compensation may include: (i)a lump sum payment upon completion, (ii)payment in accordance
with the percentage of completion of the services, (iii) payment far 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.
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. 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 laterthan 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. 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 exceeding six months from date of this Agreement.
3.3 Force Maieure. 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 ofsuch 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.
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
5 1145 Palm Ridge—5tantec Contract Page 3 of 19
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:
Mike Peroni, Principal
Mike Shoberg, Senior Planner& Project Manager
Stantec Consulting, Inc.
Phone: 760-346-9844
Cell: 760-861-3583
Fax: 760-346-9368
E-mail: mike.peroni@stantec,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 responsibil ity 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 transeerto 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
5.1145 Palm Ridge—Stanter Contract Page 4 of 19
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.
44 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 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 any joint enterprise with
Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractorshall 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 5A
regarding sufficiency.) The insurershall 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
5 1145 Palm Ridge—Stantec Contract Page 5 of 19
damages to any persons or property resulting from the Contractor's activities orthe 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.
5.2 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 anyjudgment 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 Contractorfor 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 or 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
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.
5 1145 Palm Rldgc—Stantec Contract Page 6 of 19
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.
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 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.
7.2 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 parry 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 derault 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.
5 1145 Palm Ridge—stantec Contract Page 7 of 19
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
parry'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 orfailing 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 withheld 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
parry's consent to or approval of any act by the other party requiring the part's consent or approval
shall not be deemed to waive or render unnecessary the other parry'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.
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 Exhibit a 1 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
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 priorto the effective date of the notice of termination and for
any services authorized by the Contract Officer thereafter in accordance with the Schedule of
5 1145 Palm Ridge-stantec Contract page 8 of 19
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 tota I 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 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 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
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 or 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 parry 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
5 1145 Palm Ridge—Stantec Contract Page 9 of I
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 parti es by an instrument in writing.
9.4 Sovorability. 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 Coroorate 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
` - ty Clerk David H. Ready
City Manager
APPROU 8TO ORM APPROVED By CITY MANAGER
By. -
Ci Att�rney WE;`2+SOp�
5 114s Palm Ridge—Scamee Contract Page 10 of 19
CONTRACTOR: Stantec Consulting, Inc. Chcck One:
73733 Fred Waring Drive, Suite 100 —Individual—Partnership r QrporaYron
Palm Desert, CA 92260-2590
Corporations require two notarized signatures, one from A and one from B: A. Chairman of Board,
President, o ny Vice P esident: and B. Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer, hief Finan al Off cer, or Authorized Principal.
By: �W
By: 6 . 0. � �
/ arized) Signature (notarized)
N/ame:1eAk7 PA IV n, L-p Name:
Title:Vr(e ktJen-{ 4 Title:
egi r
Address: i?n_J rr' D0. Address: -73-733 lied UJan'nc Drtie,5u,'-�e
sari, CA 9zzLm P�L� e rr, cry z2
State of_ II�O�/71q. } State of
County of 4�nr[Lmr°�fp}ss County 7 asps
On�l r�tp !l 19, (rl before me, ` i 1 before me
rao, EL-, /Yy1&:V A/ayJ�gersonally 6. personally
appeared 2Je��T. e7o—%ivm' b!> a pe d I
personally known to me (or proved to me on per sa` Ily` nown c me (or pro d to me on
the basis of satisfactory evidence) to be the the basis of satisfactory evidence) to be the
personal whose name(o is/armsubscribed to person(s)whose name(s) is/are subscribed to
the within instrument and acknowledged to me the within instrument and acknowledged to me
that he/sue executed the same in that he/she/they executed the same in
his/he4t4etr authorized capacity(ies); and that his/her/their authorized cnpacity(ies), and that
by his/he4t4eif-signatureK on the instrument by his/hcr/their signature(s) on the instrument
the person(a'), or the entity upon behalf of the person(s),_ or the entity upon behalf of
which the person(g) acted, executed the which the per n(s) acted, executed the
instrument. instrume
WITNESS my hand and official seal. WITNESS my hand and official sgal.� f
Notary ,��^^ Notary
Signature:y�7/6 /YL+tS Signature: 4
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Notary Seal: Notary Seal:
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5 1145 Palm Ridge-Stantec Contract Page 11 of 19
EXHIBIT "A"
SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE
Consultant agrees to perform the following Scope of Services for processing a General Plan
Amendment, a Zone Change, and Tentative Tract Map No. 34938 submitted far approval for the Palm
Ridge project, a residential development on approximately 20 acres, Project No. 5.1145 CZ/GPA and
TTM 34938.
PRELIMINARY SERVICES:
PROJECT UNDERSTANDING
The City of Palm Springs is currently processing a General Plan Amendment, a Zone Change, and
Tentative Tract Map No. 34938 submitted for approval for the Palm Ridge project, a residential
development on approximately 20 acres (APNs 513-270-013, -014, -015, and 513-280-006). The
City wishes that an Initial Study be prepared in anticipation of a Mitigated Negative Declaration. A
Biology survey, Off-site Drainage and on-site consultations with the US Fish and Wildlife Service
and California Department of Fish and Game, an Air Quality Analysis, a Geotechnical survey, a
Phase I Environmental Site Assessmenl, Archeology survey, and On-site Hydrology study have
been completed for the project. The project is a residential development of 35 lots.
Per CEQA requirements, an Initial Study will be prepared to investigate potential environmental
impacts to the site from project implementation. Though Stantec does not guarantee that the Initial
Study will result in a Mitigated Negative Declaration, we will work toward that end.
SCOPE OF SERVICES
A. Initial study
The subject property is within the City of Palm Springs. The City will serve as the lead agency for
the project and as such will review the document and submit the document for approval by the
Planning Commission and City Council. Stantec Consulting, Inc. (Stantec) will prepare a Draft
Initial Study(IS)as required by CEQA covering the environmental topics and Mandatory Findings of
Significance as articulated in the City's Environmental Evaluation Form. The IS will be submitted to
the City for review and processing. Stantec will coordinate with the City and any other responsible
agencies. The budget for this task assumes one Administrative Draft IS. It is also assumed that
the IS will utilize the City of Palm Springs General Plan and associated environmental documents in
addition to any readily-available applicable environmental documents prepared for private property
in the vicinity for supporting documentation. The proposed scope does not include any additional
special studies (Le. traffic). The City has indicated that traffic and noise technical studies are not
necessary. Biological,cultural,air quality, geotechnical,and drainage studies have been submitted
by the applicant. Stantec will reference the previously completed technical studies. Other topics
will be addressed in a qualitative manner supplemented with readily available information.
Prepare Introduction
Stantec will prepare an Introduction that discusses the following items: Document Purpose and
Scope; Summary of Findings; Initial Study Organization and Content;and Future Disposition of the
Document.
5.1145 Palm Ridgc—Stantec Contract Page 12 of 10
Prepare Project Description
Stantec will prepare a project description that includes the following elements: location and
boundaries and the objectives of the proposed project.
Prepare Palm Springs Environmental Checklist Form
Utilize the Environmental Checklist provided by the City of Palm Springs for compliance with CEQA.
Prepare Environmental Evaluation
Stantec will document the environmental evaluation undertaken for the proposed project. The
environmental evaluation will disclose the short- and long-term, direct, indirect, and cumulative
impacts of the proposed project and identify any mitigation measures deemed necessary to ensure
that all potentially significant effects have been mitigated to less than significant levels. A
description of each environmental topic area discussed in the Environmental Evaluation section
follows.
• Aesthetics
The assessment of aesthetics will use various means to describe the existing and future
visual interfaces between development of the project site and surrounding land uses.
The qualitative impact analysis will identify any potentially significant adverse impacts
and develop any mitigation measure requirements.
• Agricultural Resources
There will be a very brief discussion of this item since the project site is in the area of
existing development is not likely to be classilicd as agricultural land.
• Air Quality
Stantec will discuss Air Quality based on information provided in the technical study, in
the City General Plan and associated EIR,the SCAQMD CEQA Air Quality Handbook,
and any applicable construction-related ordinances.
• Biological Resources
Stantec will discuss Biological Resources based on information provided in the City
General Plan and associated EIR, any applicable Habitat Conservation Plan. The
previously completed biological survey will also be used as a reference forsite-specific
information.
• Cultural Resources
Stantec will discuss Cultural Resources(including Paleontological Resources)based on
information provided in the City General Plan and associated EIR. The previously
completed cultural resources survey will also be used as a reference for site-specific
information.
• Geology and Soils
Stantec will discuss Geology and Soils based on information provided in the City
General Plan and associated EIR. The previously completed geotechnical survey will
also be used as a reference for site-specific information.
5.1145 Palm Ridge—5tantec Contract Page 13 of 19
• Hazards and Hazardous Materials
Stantec will review and incorporate hazards based on information provided in the City
General Plan and associated EIR. The previously completed Phase I Environmental
Site Assessment will also be used as a reference for site-specific Information.
• Hydrology and Water Quality
Stantec will integrate into the IS hydrology and water quality data in the City General
Plan and associated EIR. These resources will be used to document the project area's
existing surface water and groundwater quality conditions, and to determine project-
related impacts. Information from the off-site drainage investigation and the on-site
hydrology report will be used as a reference for site-specific information.
• Land Use and Planning
Based on information in the City General Plan and associated EIR and visual field
reconnaissance,Stantec will describe the project's relationship to the City General Plan
and Zoning Code and other applicable environmental plans and policies adopted by
agencies with jurisdiction over the project. Any incompatibilities with surrounding land
uses shall also be discussed.
• Mineral Resources
Stantec will utilize data provided in the City General Plan and associated EIR to conduct
this analysis, identify any potentially significant adverse impacts which may occur as a
result of project implementation.
• Noise
Stantec will discuss Noise based on information provided in the City General Plan and
associated EIR, any applicable Noise Control Ordinances, and any applicable
construction-related ordinances. A site-specific noise analysis has not been requested
by the City of Palm Springs.
• Population and Housing
Utilizing data from the State Department of Finance, City General Plan and associated
EIR, project description materials, Stantec will characterize the housing and population
effects of the proposed project in relation to forecasted regional and population
projections generally and potential displacement impacts, if any, locally.
• Public Services (including Recreation)
Based on consultation with various service providers, Stantec will document the project
demands created on schools, libraries, parks and recreational facilities, hospitals, fire
and police services and discuss such demands on available service delivery-system
capacities.
• Transportation
Stantec will discuss Transportation based on information provided in City General Plan
and associated EIR, and through consultation with Sunt-ine Transit. A site-specific
traffic analysis has not been requested by the City of Palm Springs.
• Public Utilities
Based on consultation with various utilities, Stantec will document project demands on
5.1145 Palm Ridge—Stantec contract Page 14 of 19
public utilities.
Mandatory Findings of Significance
Based on the foregoing analyses, Stantec will discuss Mandatory Findings of
Significance as warranted.
Preparation of Public Review version of Initial Study and Final Initial Study
Stantec will provide one round of revisions to the Draft IS in response to City Staff review. Stantec
will prepare a Final IS that includes the Draft IS and responses to public comments regarding the
Draft IS received from public agencies and the general public during the public circulation period.
The budget for this task assumes only nominal comment and response preparation activity. The
budget for this task also assumes one draft of the Administrative Final IS.
B. Project Circulation for City Department, Agency Comment and Public Hearings
Stantec will assistthe Planning Department in circulating the proposed General Plan Amendment,
Zone Change, Mitigated Negative Declaration (MND), and Tentative Tract Map forcomments from
applicable City department and affected agencies. Comments will be incorporated into the Staff
Report. Stantec will prepare notices for publication into the newspaper and to affected property
owners for both the Planning Commission and City Council hearings consistent with City of Palm
Springs format and time requirements. Publication and mailing costs will be the responsibility of the
City.
C. Preparation of Staff Report,for Planning Commission and City Council
Based on information received, Stantec will prepare a Staff Report for the Planning Commission
agenda consistent with City of Palm Springs formats, provide analysis of the proposed entitlement's
consistency with applicable criteria, produce conclusions based on the analysis and formulate
conditions for approval, if needed. The Staff Report will be ready for inclusion into the Planning
Commission packets per the schedule for hearings. Subject to Planning Commission actions,
Stantec will prepare a City Council report reflecting the decision of the Planning Commission.
D. Preparation of Ordinance and Resolution
Stantec will, if needed, prepare a draft ordinance and/or resolution forthe entitlements listed above.
Said ordinance and resolution will follow accepted City of Palm Springs formats, and incorporate
findings, conclusions and conditions of approval. Once the City Council has made a decision, the
ordinance and resol ution will be amended, if needed, to refl ect that decision.
E. Additional Meetings and Coordination
The processing procedure forthe entitlements may require a number of meetings with City staff and
other interested parties. The minimum required agency meetings include:
• One meeting with Staff
• One Planning Commission Hearing
• One City Council Hearing
5.1145 Palm Ridge—Stantec Contract Page 15 of 19
Stantec will prepare a power point presentation showing various aspects of the project, make an oral
report to the two bodies, summarize Staff recommendations, and answer questions. It is assumed
that two Stantec staff will attend the meetings and each meeting will last for two hours.
It is possible that additional meetings with Staff,the Planning Commission or the City Council will be
required. Such additional meetings will be billed on a time and materials basis perthe attached rate
schedule. Stantec will notify the City prior to such expenditures
This is not necessarily an all-inclusive list. If there are items that are deemed necessary for the
successful completion of this project, please notify this office so that we may amend this proposal.
This budget does not include costs associated with City and Agencies fees, permits, mailing services
or noticing services.
G. OVERALL COORDINATION, PROJECT MANAGEMENT, AND ADMINISTRATION
(TIME AND MATERIALS)
It is anticipated that there will be minimal face-to-face meetings with the staff, However, there will
most likely be extensive coordination and contact with staff through email and telephone
communication. There will also be some coordination and processing for the public review and
approval processes. A budget to cover those coordination and management functions is included in
this proposal. Effort under this task will be billed on a time and materials basis. In the event that
this budget is in jeopardy of being exhausted, Stantec will notify the client for a budgetary increase
to complete the required service.
H. EXHIBIT PREPARATION (TIME AND MATERIALS)
Stantec will prepare graphics and exhibits in support of the IS, and presentation graphics relevant to
the IS that the Client may wish for Public Hearing purposes. In the event that this budget is in
jeopardy of being exhausted, Stantec will notify the client for a budgetary increase to complete the
required/requested service.
Schedule*- Revised
April 12, 2007 Contract Signed
April 27, 2007 Draft Initial Study/MND to City Staff
May 16, 2007 City approves Release of Notice
May 18, 2007 Notices Released
June 7, 2007 End of Environmental Review Period
June 3, 2007 Notice of Planning Commission Hearing Released
May 29, 2007 Planning Commission Staff Reports, Resolution and Ordinance Submitted to City
Staff
June 13, 2007 End of Planning Commission Notice Period
June 13, 2007 Planning Commission Hearing
June 10, 2007 Notice of City Council Hearing Released
June 13, 2007 City Council Staff Reports, Resolution and Ordinance Submitted to City Staff
June 20, 2007 End of City Council Notice Period
June 20, 2007 City Council Hearing
"Please note that Stantec will make all reasonable efforts to provide the Draft Initial Study/MND,
Planning Commission and City Council staff reports, resolutions, and ordinances per the above
dates. This assumption is based on utilization of existing technical studies and readily available
5.1145 Palm Ridge—Stantec Contract Page 16 of 19
dates. This assumption is based on utilization of existing technical studies and readily available
information, and timely input by the reviewing staff of the various C ity Departments. Stantec
does not guarantee the review periods by others. Should there be delays caused by others,
and/or additional studies be required, the timeline will need to be adjusted accordingly.
CONFIDENTIALITY
Please be advised that the proposal we are submitting to you is proprietary and confidential in
nature. The information contained therein, both scope and fee, is to be used solely as a basis for
our discussions pertaining specifically to the Palm Ridge Project. This information is not to be
divulged, in whole or in part, to any third party without our expressed written consent.
In reviewing our proposal, we understand that you are accepting our confidentiality clause_
Exclusions
The following list is not intended to be all-inclusive. If there are items that are deemed incorrect or
are necessary for the successful completion of this project, please notify this office immediately so
that we may amend our scope of work and associated fees.
• Preparation of an Environmental Impact Report
• Traffic Impact Analysis
• Noise Impact Analysis
• City and Agency fees, permits, mailing services, notice services and other charges
• Preliminary title report
• Radius package for notification purposes
• Preliminary and Final Engineering Services
• Water Supply Assessment
• Special studies (e.g., traffic, noise, air, biology, etc.)
• Reimbursement Agreement
• Legal Descriptions
• Construction Management/Administration
• Bid Administration
• Engineering Services for Utility Companies with Regard to Overhead Power Lines,
Underground Cables, or Off-Site Services
• Flood Plain Hydrology Analysis
• Master Plans for Sewer, Storm, and Water
• Mitigation Monitoring Program
If any additional special studies are requested by the City of Palm Springs, a scope amendmentwill
be requested to account for the management and coordination of the sub-consultants needed to
complete those studies.
This proposal is good for 90 days from April 11, 2007, after which time Stantec reserves the right to
amend tasks and/or proposal fees. The fees above are valid until December 31, 2007- At such
time, any unbilled balances will be subject to escalation-
5 1145 Palm Ridge—Stantec Contract Page 17 of 19
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.
5.1145 Palm Rldgc—Stantec Contract Page 18 of 19
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 FEES
Preliminary Costs
I. REIMBURSABLES (REPORT REPRODUCTION, graphics, SUPPLIES, ETC.) (T&M)
Once the IS is completed, the document will be produced for circulation. The production of that
document will entail reproduction costs, graphics preparation, supplies,and other associated costs.
Stantec has budgeted $1,500 (T&M)for this task. Actual costs will be dependent on numbers of
copies requested by the City. Costs will be billed plus 15%.
PROPOSED FEE
Based on the above, the estimated fee for the project is summarized in Table A.
Table A
Fee Proposal'
"Revised
Draft Initial Stud FF $ 11,500
Budget to Edit Screencheck IS and Public Flea ring IS (FF) _ $ 2,250
Staff-Fe ports/Resolution and Ordinance preparation (EE) ` $4,250
Management and Processing (T&M) $ 3,500
Exhibit Preparation (T&M) $ 1,500
Reim bursa bles_Re ort reproduction, travel, supplies, etc. T&M $ 1,500
Total 524,500
'Fees described are for the services described in Section I. Workscope, contingent on the
assumptions and exclusions contained herein. They are fixed unless otherwise noted as Time and
Material. Reimbursable expenses including reproduction, printing costs will be billed al cost plus
15% and supporting documents will be attached to invoices.
5.1145 Palm Ridge—9tantec contract Page 19 of 19