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'4<lFOAN�P CRA STAFF REPORT
APRIL 5, 2006 CONSENT CALENDAR
Subject: APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH RICK
ENGINEERING COMPANY FOR THE SOUTH PALM CANYON DRIVE
WIDENING, MURRAY CANYON DRIVE TO BOGERT TRAIL, CITY
PROJECT 05-03
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Community Redevelopment Agency previously approved funding a Capital
Improvement Project to widen South Palm Canyon Drive, from Murray Canyon Drive to
Bogert Trail. The proposed Contract Services Agreement with Rick Engineering
Company will provide the Agency with the environmental and civil engineering design
services necessary to complete the construction documents (plans, specifications, and
estimate) for this project.
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS APPROVING
AGREEMENT NO. WITH RICK ENGINEERING COMPANY IN THE
AMOUNT OF $198,130.00 FOR ENVIRONMENTAL AND CIVIL ENGINEERING
DESIGN SERVICES RELATED TO THE SOUTH PALM CANYON DRIVE
WIDENING, MURRAY CANYON DRIVE TO BOGERT TRAIL, CITY PROJECT
05-03."
STAFF ANALYSIS:
On February 18, 2003, the Engineering Department submitted a grant application for
Highway Bridge Replacement and Rehabilitation (HBRR) funding to the California
Department of Transportation (Caltrans) for construction of a new 4-lane bridge
crossing of the existing low-water crossing of the Arenas Canyon South Drainage
channel at South Palm Canyon Drive near Bogert Trail. Upon review, Caltrans
determined the City's application was eligible for federal funding through the HBRR
Item No. RA2 .
Community Redevelopment Agency Staff Report
April 5, 2006 - Page 2
South Palm Canyon Drive Widening—Rick Engineering Company Contract
Program, provided that the City demonstrated that it was moving forward with funding
and construction of the widening of South Palm Canyon Drive to four lanes.
Subsequently, on April 21, 2004, the Financing Authority, Community Redevelopment
Agency and City Council, approved actions associated with the refinance of City of
Palm Springs Financing Authority 1994 Series A & B Local Agency Revenue bonds.
The City's actions associated with the refinancing of bonds generated $5,000,000 for
new projects, of which $1,000,000 was identified for the widening of South Palm
Canyon Drive to facilitate the City's HBRR grant application for a new bridge.
Following the availability of funding for this project, staff prepared a Request for
Proposals (RFP) for environmental and civil engineering design services to solicit
consultants for this project. The RFP was published and made available to firms
through the City's Division of Procurement and Contracting, and by the May 20, 2005,
deadline, proposals from the following firms were received:
Engineering Resources of Southern California, Inc.; Hemet, CA
Rick Engineering Company; Orange, CA
The Keith Companies; Palm Desert, CA
Following review of the proposals by a Selection Committee, the Selection Committee
scheduled formal interviews between Engineering Resources of Southern California and
Rick Engineering Company. As a result of the final interviews, the Selection Committee
recommended Rick Engineering Company as the top ranked firm.
Engineering staff reviewed the selected consultant's original scope and fee proposal,
which proposed an original contract fee of $406,400. Contract negotiation meetings
were held, and the contract scope and fee were discussed and refined. Engineering
staff were successful in decreasing the consultant's original contract fee by $208,270 to
the currently recommended contract amount of $198,130.
Furthermore, Engineering staff has encountered delays with other design contracts, with
delivery of expected designs and construction documents postponed or otherwise
delayed by the consultant. Standard contract agreement provisions with professional
engineers and architects exclude liquidated damages or other means of requiring timely
delivery of expected design and construction documents. Therefore, with this contract,
engineering staff required the selected consultant to agree to a new contract provision
implementing liquidated damages for the consultant's failure to meet its own
performance schedule. The recommended provision for liquidated damages states:
7.7 Liquidated Damages. Since the determination of actual damages
for delay in performance of this Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement, where
no extension or other amendment has been made to this Agreement or
the schedule and where the delay has resulted solely from the lack of
Community Redevelopment Agency Staff Report
April 5, 2006 - Page 3
South Palm Canyon Drive Widening — Rick Engineering Company Contract
performance by Contractor, the Contractor shall be liable for and shall pay
to the City the sum of: $50.00 per day as liquidated damages for each of
the first ten (10) working days Contractor's performance is completed
after the scheduled completion date; $75.00 per day as liquidated
damages for each of the next ten (10) working days Contractor's
performance is completed after the scheduled completion date; and
$100.00 per day as liquidated damages for each working day thereafter
that Contractor's performance is completed after the scheduled completion
date. The City may withhold from any monies payable on account of
services performed by the Contractor any accrued liquidated damages.
It will be the Engineering Department's expectation that future design contracts include
the new contract provision for liquidated damages, subject to the consultant's initial
performance schedule. Rick Engineering Company has agreed to the inclusion of the
liquidated damages clause.
The Engineering Department has prepared the recommended contract services
agreement, which provides the Agency with "turn-key" services, including complete
environmental analysis and civil engineering design. Following completion of the
services of this contract, staff will be provided with full construction documents (plans,
specifications, and estimate) for construction of the widening of South Palm Canyon
Drive from two to four lanes, extending from Murray Canyon Drive to Bo 'ert Trail
FISCAL IMPACT: Finance Director Review: ./ J
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Sufficient funds are available in account 812-8192-65171.
David J. Barakian Jo n S.YaymonV
Director of Public Works/City Engineer Di of Community & Economic
Development
David H. Ready .. Thomas J. Wils n
City Manager Assistant City Manager
ATTACHMENTS:
1. Agreement
2. Resolution
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
South Palm Canyon Drive Widening
City Project 05-03
THIS CONTRACT SERVICES AGREEMENT(herein "Agreement"), is made and entered
into this day of , 2006, by and between the Community
Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic, (herein
"City") and Rick Engineering Company, (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 E=xhibit"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 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.
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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, Contractorshall
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 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 five percent (5%) of the Contract Sum or
$25,000; whichever is less, or in the time to perform of up to one hundred eighty (180)days may
be approved by the Contract Officer. 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.
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 in Exhibit"B"
shall govern.
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 One Hundred Ninety-Eight Thousand One Hundred Thirty Dollars
($198,130.00) (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 fortime and materials based upon
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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 ortime 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.
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 (I") working day of such month, Contractor shall submit to the City in the form
approved by the City's Director of Finance, an invoice for services rendered prior to the date of
the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated
thereon which are approved by City pursuant to this Agreement no later than the last working day
of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. 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"ID",ifany,
and incorporated herein by this reference. When requested by the Contractor, extensions to the
time period(s) specified in the Schedule of Performance may be approved in writing by the
Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
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 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.
3.4 Tcrm. Unless earlier terminated in accordance with Section 7.8 of this Agreement,
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this Agreement shall continue in full force and effect until completion of the services but not
exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit "D").
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:
Dan Burk
It is expressly understood that the experience, knowledge, capabilityand reputation ofthe
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 Contractorwithout the express
written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated
by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of the services and the Contractor
shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise
specified herein, anyapproval 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 cant' 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 Suhcontractors, if Local Subcontractors are qualified to perform the work required. In
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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 bysending 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 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 otherwise set forth herein. 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 anyway orfor any purpose become
or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a
member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of at 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 additional insured in
accordance with standard ISO additional insured endorsement form CG2010(1185)or equivalent
language.
(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 amountof$1,000,000 bodily and
property damage.. Said policy shall include coverage. for nwned, non-nwned, leased and hired
cars.
(d) Additional Insurance.Additional limits and coverages,,which may include professional
liability insurance, will be specified in Exhibit "B".
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All of the above policies of insurance shall be primary insurance and issued by companies
whose rating satisfies the requirements in Section 5.4 of this agreement. 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 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.
5.2 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 are 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
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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, Contractorshall
deliver to City a performance bond in the sum of the amount of this Agreement, in the form
provided by the City, 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.
5.4 Sufficiency of Insurer or Suretv. Insurance or bonds required by this Agreement
shaill be satisfactory only if issued by companies qualified to do business in California, rated "A"
or better in the most recent edition of Best 's Key Rating Guide or in the Federal Register, unless
such requirements are waived by the City Manager or designee of the City Manager due to unique
circumstances. In the event the City Manager determines that the work or services to be
performed under this Agreement create 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.
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. Forthis 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 frorn 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.
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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. 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 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. 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 therefor. The
injurred 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 rightto 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
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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 Contractorto insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver. A
party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either 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 delay in
performance of this Agreement would be extremely difficult or impractical to determine in the
event of a breach of this Agreement, where no extension or other amendment has been made
to this Agreement or the schedule and where the delay has resulted solely from the lack of
performance by Contractor,the Contractor shall be liable for and shall pay to the City the sum of:
$50.00 per day as liquidated damages for each of the first ten (10) working days Contractor's
performance is completed after the scheduled completion date; $75.00 per day as liquidated
damages for each of the next ten(10)working days Contractor's performance is completed after
the scheduled completion date; and$100.00 per day as liquidated damages for each working day
thereafter that Contractor's performance is completed after the scheduled completion date. 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, 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 as may be specifically approved by the Contract
Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to
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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 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 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 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 orfor anyamountwhich 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
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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 Contract Officer, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263. In the case of the Contractor, it
should be addressed 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.
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.
(SIGNATURES ON FOLLOWING PAGE)
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, a public body,
corporate and politic
ATTEST:
By:_ By:
Assist nt Secretary Executive Director
APPIROV TO FORM-
By:--
(Agency Attorney
CONTRACTOR: Rick Engineering Company
Check one:_Individual_Partnership_Corporation_Other(Specify)
By: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
(This Agreement must be signed in the above space by This Agreement must be signed in the above space by
one of the following: Chairman of the Board, President or one of the following: Secretary, Chief Financial Officer or
any Vice President) any Assistant Treasurer)
State of I State of 1
County of )ss County of Iss
On On
before me, before me,
personally appeared personally appeared
personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized he/she/they executed the same in his/her/their authorized
capacily(ies), and that by his/her/their signature(s) on the capacily(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the
person(s)acted, executed the instrument. person(s)acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal Notary Seal
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, a public body,
corporate and politic
ATTEST:
By: By:
Assistant Secretary Executive Director
APPROVED AS TO FORM:
By:,
Agency Attorney
CONTRACTOR: Rick Engineering Company
Check one:_Individual_Partnership XCorporation_Other(Specify)
Ely: /'�'/6rL,1.1 f P^i�4d"'�i By: \ ,
S' nature(notarized) Signature (notarized)' -
p rat
Name: i5axr q Jr COWAX Nani 6 fj,fj,
Title: �j� �.t 1"Yinei a — Title: \? f'+�---
(This Agreement must be signed in the above space by This Agreement must be signed in the above space by
one of the following:Chairman of the Board,President or one of the following: Secretary, Chief Financial Officer or
any Vice President) any Assistant Treasurer)
State of {�I State of CA , I
County of ss County of lss
On FebrikaqA I , On Ym f 5- FJ l.i�
before me, before me t�Ctc't� ,�(� ctir cF.vc„e`('
personally appeared mn-j 50,V CDwan personally appeared
roved to me on the basis of personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person(!whose namel is4e satisfactory evidence)to be the personewhose name;foi are
subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that
he/sie/thly executed the same in his/4r/tIAr authorized he she/they executed the same in i er/their authorized
capacity(iV), and that by his/her/tlleir signature( on the capacitya-g")', and that by hiss er/their signaturg(sr on the
instrument the person(/), or the entity upon behalf of which the instrument the porson(g`f,or e entity upon behalf of which the
person(yt acted,executed the instrument. person ,acted,executed the instrument.
WITNESS my hand and offi'ci_al,seeal. WITNESS my hand and official seal. I(��
Notary Signature:-X-C'"- Q S Notary Signature: -�Ka)(ln4 Ya ll�
Notary Seal Notary Seal
�. �„ v - >
HOf ELEUksFiv_ """w" """ KARENARTHUR
n/�Icr��tr jt , , �,7 ,
TFR38627
PUI- r l l n'ii fr ; CO PUBLIC CALIFORNIAC.OIAn Ili �' i NOTARYPUBLIC•CALIFO I
alq t.•., ���' SAN fll E(30 CGL,t,d l i
SAN DIEGO COUNTY
h aFlv Covina.EXP. Ij X4 15,atd;r ommission Dec.25.2008
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EXHIBIT "A"
SCOPE OF SERVICES
GENERAL SCOPE — The intent of this contract is to provide the City with environmental and
engineering design services to accomplish the widening of South Palm Canyon Drive from two
(2)to four(4) lanes, extending from south of Murray Canyon Road to Bogert Trail. The Scope of
Services as detailed herein shall provide the Citywith complete environmental services necessary
to obtain requisite legal approvals to proceed with engineering plans,specifications and estimates
(PS&E) with which to facilitate future construction of the desired improvements.
PHASE 1: PRELIMINARY ENGINEERING AND ENVIRONMENTAL STUDIES
Task 1.1 Existing Data Research & Investigation
Existing data shall be researched, obtained and input into the project's CADD database as
appropriate. Included are:
• Existing Right-of-Way Maps and Parcels Ownership Data: Necessary right-of-way maps
shall be obtained from the County and City of Palm Springs. Property ownership from
assessor records, assessor parcel numbers and parcel size shall be researched. The
right-of-way data shall be graphically plotted onto the base maps. The area shall be limited
to parcels with potential right-of-way acquisitions.
• As-Built Mapping: As-built maps of existing roadways, bridges, storm drain, and sewer will
be obtained from City of Palm Springs. As-built maps of flood control channels will be
obtained from Riverside County Flood Control & Water Conservation District
(RCFC&WCD).
• Utility Information: Contacts with all utility agencies/owners having facilities within the
project area will be made. Utilities that may impact the project will be plotted on the base
plans. Planned utility improvements will be ascertained. The base maps will be forwarded
to each utility agency/owner for review, correction and certification of correctness. The
utility research will be isolated to areas likely to be affected by the proposed interchange
alternatives.
• Field Review: This task will include a reconnaissance of the existing conditions as they
relate to the as-built and existing aerial mapping. Discrepancies will be noted and, where
possible, dispositioned. Photographs from the field reconnaissance will be assembled.
• Review Related/Adjacent Studies: A review of project history files, previous and adjacent
studies will be conducted to gather any background information available. This information
will provide additional identification of potential issues and will be incorporated, as
appropriate.
• Hydrologic and hydraulic analyses:Obtain the most current information from RCFC&WCD
and other applicable agencies. A site visit will be performed to verify Mannings "n"values
of Cherly Creek (Arenas Canyon Creek).
Task 1.2 Topographic & Design Surveys
Establish survey ground control for aerial photography. All surveys will be performed in
accordance with the current Survey Manuals. Work not covered by the manuals will be performed
in accordance with accepted professional surveying standards as approved by the City of Palm
Springs. CADD format will be developed. Topography will be developed at 1 foot contour
intervals at 40-scale. Limits of topography coverage will include South Palm Canyon Drive from
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EXHIBIT "A"
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500 feet north or Murray Canyon Drive to 500 feet south of Bogert Trail and will be creating using
field survey techniques. Included will be field design surveys of existing roadway features and a
rectified aerial photo.
Task 1.3 Traffic Forecasts/Operational Analysis
Contractor will review existing available traffic data in the area, Circulation Element traffic
volumes, and provide intersection analysis and associated lane geometry based on this available
data for use in determining roadway cross sectional needs.
Task 1.4 Initial Site Assessment
A Phase I Initial Site Assessment (ISA) will be performed in accordance with City requirements
and ASTM standards. The ISA will investigate previous land use and potential contamination
sources that may affect the Project such as dumps, landfills, debris areas, chemical use or
storage areas, recorded spill areas, hazardous waste sites (generators and treatment,storage or
disposal facilities), surface water discharges, transformers or dispensing facilities, above or
underground tanks and groundwater contamination or treatment areas. The geologic,
hydrogeologic and topographic features will also be generally described. The investigation will
utilize, as appropriate, a one (l)-mile radius study area in order to locate sites with the potential
to impact the Project, based on a governmental records database search.
The scope of work will include:
• Review of existing data, including aerial photos and agency records
• Review of Chain of Title, if necessary (Title Reports provided by City)
• Perform a site reconnaissance
• Determine need for lead sampling
• Prepare a report summarizing the results of the investigation
This information will be based on review of existing data and various database searches. No
drilling and sampling or chemical testing is required during the preliminary stage.
Task 1.S Preliminary Environmental Evaluation
Environmental issues that may require future detailed study or that may delay or affect Project
viability will be identified. Preliminary assessments of the impacts, potential mitigation measures
and costs that could be required for each impact will be made. The most appropriate
Environmental Document, processing procedures and schedule will be identified. The resultant
memorandum will become the work scope for the required future environmental assessment and
will be done in adequate detail to meet that goal, in addition to complying with all applicable
requirements.
Task 1.6 Initial Study
Environmental documents will be prepared in accordance with the California Environmental
Quality Act (CEQA)and the City's CEQA implementation procedures, allowing for City review of
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EXHIBIT "A"
SCOPE OF SERVICES
products and close coordination with City staff on methodology and document format. Based on
a field visit and review of available information, it is assumed that the appropriate environmental
documents will be an Initial Study/Mitigated Negative Declaration (IS/MND). Our first step will be
to hold an Early Coordination meeting with City staff to confirm the proposed scope, content and
approach for the ED. This approach results in substantial time and cost savings.
The overall approach to the IS will be to document existing conditions, identify potential impacts,
and develop mitigation measures to reduce potential impacts to less than significant levels, in
support of a Mitigated Negative Declaration (MND). Should the IS indicate that one or more
impacts may remain significant following mitigation, an Environmental Impact Report (EIR) in
accordance with the California Environmental Quality Act (CEQA)would be required. However,
for the purposes of this Scope of Work, it is assumed that an IS/MND is the appropriate
environmental process.
Priorto the commencement of the IS writing efforts, Contractor will conduct field research on-site
and in surrounding areas to identify the existing environmental setting of the Project area and to
investigate the applicable environmental issues to be addressed within the IS. The data obtained
during field research will become part of the foundation of the IS and will be analyzed carefully
to determine the potential environmental impacts associated with implementation of the proposed
Project.
As part of the research phase, Contractor will compile and review the existing environmental
documentation prepared for the Project site and surrounding areas. Regional planning
documents will be examined as they relate to the Project area. Information obtained in this task
will be incorporated into the IS, where relevant.
Contractor will prepare an IS, based on a City-approved CEQA checklist, such as the format
recommended by the State Clearinghouse. The IS work program will consist of the following
subtasks:
• Purpose and objective for the Project: This section will describe the purpose and need for
the Project, including existing traffic volumes, capacity and safety issues.
• Description of the Proposed Project: Based on the preliminary plans, the Project
Description section will define the scope, location and characteristics of the proposed
Project. Permitting requirements and the phasing schedule for the proposed Project will
also be discussed in this section. Based on consultation with City Staff, any additional
information related to Project design and implementation will be incorporated into this
section. Also discussed will be funding source(s), cost estimate, and Project Alternatives.
• Description of Environmental Setting: This section will characterize the existing
environmental setting of the Project site and surrounding areas. The environmental setting
will provide a general description of existing conditions related to the issue areas to be
addressed within the environmental assessment.
• Environmental Evaluation: Contractor will complete an environmental checklist for the
proposed Project, using the standard evaluation format provided by the City. Following
completion of the checklist, issue areas identified as potentially impacted by the proposed
Project will include a more detailed explanation. This would include additional technical
studies of traffic, air quality, natural environment and noise impacts. Mitigation measures
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EXHIBIT "A"
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to reduce the significance of potential impacts will be recommended in direct
correspondence to the appropriate impact identified. Contractor will conduct the following
technical studies:
(1) Noise - The Noise Study will comply with City CEQA and requirements, to
include ambient noise readings at up to 5 locations, 65 CNEL noise projections for
future with and without the project, projected noise levels at sensitive receptors, and
recommended noise mitigation. The noise assessment will identify
construction-related noise and potential noise impacts of project-related traffic,
focusing on the potential affect to residential areas in the project area. Noise
mitigation recommendations will be provided, including recommended noise walls,
wall modifications and/or interior noise mitigation.
(2)Air Quality-The Air Quality Study will comply with City CEQA requirements and
South Coast Air Quality Management District (SCAQMD) methodology, to include
a CO hot-spot analysis at up to two (2) locations, if warranted, and a formal air
quality analysis using SCAQMD methodology for construction and operational
emissions, as well as an RTIP conformity analysis.
(3) Aesthetics - Contractor will address construction-related light and glare and
vehicle staging areas, as well as issues associated with potential modification of
existing slopes. The discussion will be provided in the IS checklist response, and
will include site photographs, a description of potentially affected areas, and
recommended mitigation measures including landscaping treatments.
(4) Natural Environment Study(NES)-A Natural Environment Study (NES)will be
developed based on the results of various biological surveys, analysis, and data
compilation. The report will describe: (a) the methodology used to conduct the
biological surveys; (b) a detailed description of the existing plant communities and
associated animal resources within the project site; (c) potential impacts from
project development; and (d) recommended mitigation measures to reduce
identified impacts to less than significant levels.
• Transportation/Circulation: This section will address motor vehicle traffic and associated
issues, as well as bikes, pedestrian access and related issues. The IS checklist response
will address existing and proposed local circulation, which is expected to be positively
affected by the project. Also, construction-related traffic controls to minimize congestion,
as well as any construction-related or operational effects to local business access, will be
addressed.
• Additional Sections: The IS will also include a list of principal contributors, organizations
and persons consulted, and a bibliography.
• Determination: Contractor will coordinate with the City for completion of a formal
determination for the IS, which is anticipated to be an MND.
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EXHIBIT "A"
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Task 1.7 HEC-2 Hydraulic Analyses
This scope of work is written with the assumption that HEC-2 hydraulic analyses are available
from RCFC&WCD. Furthermore, the assumption is that these hydraulic analyses will need only
minor modifications. However, if these analyses are not available or if the analyses need more
than minor modifications, the contract fee associated with this Task will require a City approved
contract amendment.
Review and revise (if applicable) pre-project condition HEC-2 model of Arenas Canyon Creek.
This analysis will model the current (pre-disturbed) hydraulic conditions.
Prepare a post-project condition HEC-2 model of Arenas Canyon Creek, with the same limits of
study as the current condition model that analyzes the bridge widening improvements proposed.
The: preparation of these analyses will model two proposed bridge design configurations. Upon
completion of the models if it is determined that there are adverse impacts, additional analysis will
have to be performed.
Task 1.8 FLUVIAL-12 Scour Analysis
This scope of work is written with the assumption that FLUVIAL-12 sedimentation analyses are
available from RCFC&WCD. Furthermore, the assumption is that these sedimentation analyses
will need only minor modifications. However, if these analyses are not available or if the analyses
need more than minor modifications, the contract fee associated with this Task will require a City
approved contract amendment. The gradations used in the FLUVIAL-12 obtained from RCFC
shall be verified. Upon approval of the gradations Contractor will finalize the sedimentation
analyses.
Once a final design for the proposed bridge configuration has been determined Contractor will
prepare 100-year pre- and post-project condition FLUVIAL-12 sedimentation analyses of the
Arenas Canyon Creek. The HEC-2 models developed in Task 2 will be used as the basis of the
channel geometry input data for the FLUVIAL-12 sedimentation analyses.Topographywill be from
the same source as the HEC-2 Hydraulic analyses.
In addition to the sedimentation analyses described above(general scour)Contractor will prepare
local scour calculations. Both of these results will be used to determine the potential scour depth
at the bridge abutments and piers.
Task 1.9 Hydraulic and Scour Report
Contractor shall prepare a report summarizing the hydraulic analyses and scour analyses as
identified in Tasks 1.7 and 1.8, respectively. The reports shall be prepared for review by Riverside
County Flood Control, City of Palm Springs, and other resource agencies.
Task 1.10 Processing Hydraulic and Scour Report
Contractor shall process the Hydraulic and Scour Report for South Palm Canyon Drive through
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EXHIBIT "A"
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the: Riverside County Flood Control and City. Costs associated with processing the reports will be
charged on a Time and Materials basis not to exceed contract fee amount for this Task without
a previously City approved contract amendment.
Task 1.11 Environmental Document
Contractorshall prepare a complete environmental document,and provide the following services:
• Draft Environmental Document(Mitigated Negative Declaration): Following review of the
Initial Study by the City, Contractor will respond to and incorporate one (1) complete set
of revisions to the Initial Study. It is anticipated that the Initial Study will indicate that no
long-term significant environmental impacts will occur following implementation of
mitigation measures for the proposed Project. Following this determination by the City,
Contractor will prepare a Mitigated Negative Declaration for the proposed Project. This
Task will be completed in accordance with the California Environmental Quality Act(CEQA)
and City CEQA procedures. Contractorwill prepare and distribute the MND(to be attached
to the Initial Study)and will prepare all required notices and distribution lists for City review
and approval; City will coordinate the public notice. Distribution will include ten(10)copies
of the IS/MND submitted to the State Clearinghouse (including the State Environmental
Document transmittal form), up to thirty (30) copies of the IS/MND for local agencies and
interested parties, a Notice of Intent to Adopt the MND filed at the County Clerk's office,
a draft newspaper notice for use bythe City staff, and a 100-mile radius mailing list for the
Notice of Intent. This task will include early consultation with affected agencies. It should
be noted that an MND may be prepared only if determined by the City that the Project will
not significantly impact the environment following mitigation. Preparation of an EIR will be
required if the Project causes significant environmental impacts. This will be prepared
under a separate scope and fee.
• Final Environmental Document: Although not required by CEQA, Contractor will respond
to public comments on the Draft MND and submit for review and approval to the City, for
inclusion in staff reports. If desired by the City, Contractor will prepare a final MND with
any changes indicated in strike/shaded text. Following MND adoption, Contractor will
provide a Final IS/MND, as well as a reproducible copy and electronic copy of the IS/MND
for City files.
• Mitigation Monitoring and Reporting Plan: To comply with the Public Resources Code
Section 21081.6 (Assembly Bill 3180), Contractorwill prepare a Mitigation Monitoring and
Reporting Plan to be delined through working with City Staff. The Program will serve to
identify appropriate monitoring steps/procedures and to provide a basis for monitoring such
measures during and upon Project implementation. Actual monitoring is not proposed as
part of this work scope.
• Environmental Process Meetings/Agency Scoping: Contractor will attend meetings with
City staff and local agencies on an as-needed basis throughout the Project, with an initial
budget estimate of four (4) meetings (with respect to the environmental document). This
is proposed to include a kickoff meeting, one (1) public scoping meeting, one (1) staff
meeting, and one (1) public hearing.
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Task 1.12 Project Management
This task includes budget for overall project management, liaison with affected agencies, PDT
leadership and management, progress monitoring and maintenance of Project files.
Agency Liaison/Project Development Team (PDT) Meetings: An important consideration
is to ensure liaison among the key players for the Project. Contractor will lead the PDT's
effort and interface with the City and other affected agencies. A budget for meetings with
City staff has been included in this task. Contractor will attend up to six (6) meetings with
the Project Team and others as directed by the City during the implementation of the Work
program. Meeting schedules will be combined to allow a single meeting for multiple
purposes. Contractor will arrange meetings, provide discussion materials and agendas,
and develop and distribute meeting notes.
• Progress Reports: Monthly progress reports will be prepared to document progress on the
Project. The report will consist of the following:
(1) Work accomplished during the reporting period
(2) Work anticipated during the next reporting period
(3) Issues
(4) Impacts
(5) Progress Schedule
PHASE 2: FINAL ENGINEERING (PLANS, SPECIFICATIONS & ESTIMATES)
Task 2.1 Geotechnical Design Report
Contractor will prepare a geotechnical design report that will address field and laboratory
programs, provide results of foundation, stability and pavement analyses, and provide design
recommendations for the project. The report will include the following:
• Pavement Analysis - Will analyze existing pavement condition and provide
recommendations on mitigation of pavement condition and repair of pavement
deterioration.
• Slope Slabilily Analysis-Slabilily analyses of existing and proposed embankments for cut
and fill slopes.
• Pavement Structural Section - Recommendations for pavement structural section on the
basis of natural soil conditions.
• Drilling/Boring Log-Provide a drilling/boring log and reportfor determination of subsurface
soils, provide all laboratory testing.
• Foundation/Retaining Wall Design - Provide and prepare foundation and retaining wall
design recommendations for the project.
Task 2.2 Roadway Plans
Contractorwill prepare street improvement plans, specifications and estimates necessary for the
project, and address all findings from the Geotechnical Report. Street improvement plans will
include plan and profile views, indicate existing and proposed grading and cuts or fills, provide
drainage design and drainage solutions (as required by the Drainage Study), and show required
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traffic striping, signage and marking improvements. It is anticipated that nine (9) plans sheets will
be necessary:
• (1) Title Sheet
• (1) Typical Cross Section, Notes and Detail Sheet
• (2) Plan and Profile Sheets
• (1) Storm Drain Plan, Profile and Detail Sheet
• (1) Signing and Striping Plan
• (2) Water and Sewer Plan, Profile and Detail Sheets
• (1) Traffic Control Plan
Contractorwill prepare traffic control plans for use by the City's contractor during construction of
the project. The traffic control plans will include stage construction and traffic handling, detours,
construction area signs and temporary pavement delineation.
Task 2.2.1 Water Plans
The street improvement plans will also address water relocations, as deemed necessary through
consultations with the Desert Water Agency. Contractor will prepare water relocation plans,
specifications and estimates necessary for the project. The Water Plans will be a portion of the
overall roadway and structure plan set and will be processed through the Desert Water Agency
for approval.
Task 2.2.2 Sewer Plans
The street improvement plans will also address sewer relocations, as deemed necessary through
consultations with the City. Contractor will prepare sewer relocation plans, specifications and
estimates necessary for the project. The Sewer Plans will be a portion of the overall roadway and
structure plan set and will be processed through the City for approval.
Task 2.3 Structural Plans
Contractor will complete final bridge structural analysis, design and plans based on the following
design guidelines as nocessary:
• Caltrans Bridge Design Specifications
• Caltrans Bridge Memos to Designers
• Caltrans Bridge Design Aids and Design Details Manuals
• Caltrans Seismic Design Criteria
Bridge details will be based on standard aesthetics consistent with existing architectural
treatments. Plans will be complete, showing all required demolition, new construction, and tie-in
details. Plans will be prepared in English units of measure and provided in Autocad 2000
electronic format. Independently checked quantity take-offs for each item of bridge work involved
and engineer's estimate (opinion of probable construction cost)will be prepared for the structure
widening. Contractor will prepare bridge technical specifications based on the Caltrans Standard
Specifications using current Caltrans bridge standard special provisions (SSPs). Included are
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EXHIBIT "A"
SCOPE OF SERVICES
independent check calculations of the bridge widening and in-house quality control review of the
bridge PS&E package, including value engineering and constructability reviews. Independent
check comments and findings will be provided to the City. We will incorporate or resolve all review
comments from the independent check and the City and permitting agency reviews into the final
bridge PS&E package. Final plan mylars will be submitted for agency approval signatures. For
purposes of this proposal,the bridge work is based on simply widening the existing bridge. Bridge
seismic retrofit analysis and design of the existing bridge shall be provided, as may be necessary
to widen the existing bridge.
Task 2.4 Drainage Study
Contractor will prepare hydraulic analysis report for the proposed improvements in conformance
with the Riverside County Flood Control & Water Conservation District Hydrology Manual. The
report will identify drainage patterns, flows, inlet locations, and any other necessary drainage
improvements necessitated by the roadway widening.
Task 2.5 NPDES Permit and Storm Water Pollution Prevention Plan (SWPPP)
Contractor shall prepare a post grading erosion control plan and initial SWPPP report in general
conformance with Federal, State, and City requirements. The erosion control plan will include
temporary erosion and pollution control measures to be employed during construction, such as
gravel bags, silt fences, and slope jute matting applied to the site in its final graded condition. The
SWPPP report will identify Best Management Practices for controlling silt and pollutants during
construction and will include data forms for completion and processing by the Owner or Owner's
representative during construction. This scope includes assistance in the filing of the Notice of
Intent (NOI) to the Regional Water Quality Control Board and is for one SWPPP.
Task 2.6 Environmental Permitting
Conitractorwill obtain all environmental clearances and permits associated with construction within
"Cherly Creek", an identified "blue-line" stream, subject to the permitting approval process by the
Army Corps of Engineers (ACOE). Contractor will provide the following environmental services
necessary to obtain clearances/permits with which the City can proceed with construction of the
proposed improvements:
• Preparation of a jurisdictional delineation of"waters of the U.S.", review of the anticipated
permitting approach, and review the projected permitting schedules.
• Scheduling of meetings, preparation of agendas, and distribution of minutes and other
relevant materials with regulatory agencies as necessary as part of the permitting
coordination.
• Arrange a meeting with representatives of the California Department of Fish and Game
and the California Regional Water Quality Control Board (Colorado River Basin Region).
Results to be documented in letter format. The letters will be submitted to the respective
agencies with copies to project team members.
• Preparation of permit applications accordingly. Each application packet will be reviewed
with the project team and any required changes will be made prior to submittal to the
respective agencies. It is anticipated that the permit application materials will include the
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EXHIBIT "A"
SCOPE OF SERVICES
following materials: a complete copy of the Section 401 Water Quality application and the
1602 Notification of Streambed Alteration. The ACOE permit review process will be
expedited by preparing the Public Notice and Environmental Assessment for the project.
Many of the same materials used for the 404 application may be submitted as part of the
application materials for the 401 Certification and 1601 Agreement.
• Preparation of written correspondence requesting Section 401 water quality certification
or waiver and include the following application materials: information prepared for the 404
application to provide a complete project description, including the purpose, location, total
site acreage, types of water bodies within the site,total acres of waters of the U.S.,wetland
acres, and types of riparian habitats, if present; a copy of the report on the delineation of
wetlands and jurisdictional waters prepared for the 404 application; an assessment of
water quality impacts addressing types of fill material to be discharged, impacts to
beneficial uses of the water body, and any expected water diversions; a complete copy of
the Section 404 Permit application and the 1601 Notification of Streambed Alteration will
be included; completed standard California Regional Water Quality Control Board
application form; a copy of the final environmental (CEQA) document for the project
including any certifications associated with the document; and other appropriate material
as may be required bythe California Regional Water Quality Control Board; and a filing fee
based on acreage of fill material to be deposited in jurisdictional waters or linear feet of fill,
whichever is greater.
• Preparation of written correspondence requesting a Section 1602 Streambed Alteration
Agreement through the California Department of Fish and Game (CDFG), including the
following application materials: a standard CDFG Notification of Lake or Streambed
Alteration form; Lake and Streambed Alteration Program-Project Questionnaire;Wild and
Scenic Rivers Evaluation Form; a copy of the report on the delineation of wetlands and
jurisdictional waters prepared for the Section 404 application; a copy of the preliminary
mitigation and monitoring plan prepared for the Section 404 application with a provision to
submit the final plan upon its completion; a copy of the final environmental (CEQA)
document including any certifications associated with the document; appropriate plans,
exhibits, and maps; a complete copy of the Section 404 Permit application and the Section
401 Water Quality application; and a filing fee.
• Follow-up coordination. Following submittal of the various applications, coordinate with the
involved regulatory agencies to respond to agency questions and submit any additional
information that may be requested. Follow-up coordination will include responding to
comments that may be submitted during the Section 404 public review process.
PHASE 3: CONSTRUCTION SUPPORT
Task 3.1 Construction Bidding Phase Support
Contraictorwill provide supportto the City during construction bidding. The Citywill administer and
coordinate the bidding procedures for the project. Construction bidding support will include, but
not be limited to, the following:
• Pre-Bid Meeting -Contractorwill attend and coordinate a pre-bid meeting to be scheduled
in advance of the bid opening date. Contractor will monitor the meeting and field all
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EXHIBIT "A"
SCOPE OF SERVICES
questions asked by bidders. Minutes ofthe pre-bid meeting will be prepared and distributed
to attendees within two days following the meeting.
• Bidding Interpretations-We will review and respond to all inquiries and questions relating
to plans and specifications during construction bidding. Discrepancies, errors or omissions
within the plans and specifications will be addressed through the issuance of addenda,
prepared by Contractor, and issued by the City.
• Bid Review and Analysis - Contractor will obtain copies of submitted bids for review and
analysis. Comparison of construction bids with the final Engineer's Estimate will be
performed. Analysis of submitted bids will be conducted, and discrepancies and
construction bid cost-overruns will be determined. Contractor, in consultation with the City,
will determine if construction bids are acceptable,or recommend re-bidding,as necessary.
Task 3.2 Construction Inspection Support
Contractor will provide support to the City during construction. The City will administer and
coordinate construction administration for the entire project, and provide construction inspection
for the roadway widening component of the project. Construction inspection support will include
the Following:
• Bridge (Structural) Inspections- Review and approve all bridge related shop drawings and
submittals received from the City's construction contractor including falsework and
formwork designs, reinforcing steel detail drawings,and concrete mix designs. Review and
prepare written responses to any bridge related RFI's received from the City's construction
contractor and provide consultation if needed to clarify the design intent for the bridge
widening to the City's construction contractor, City and other affected agency
representatives. Perform bridge structural inspections at key stages of the bridge widening
construction such as prior to concrete placement in footings, abutment walls and
superstructure. Perform final inspection and prepare punch list of outstanding bridge items
for City's construction contractor to complete, if necessary.
• As-Built Drawings - Provide red-lined copies of the bridge plans indicating all approved
deviations or changes made during construction for approval by the City for "record"
drawings. Prepare hand-drawn permanent as-built revisions to the mylar originals of the
bridge widening contract drawings and submit to the City as final "record drawings".
END OF EXHIBIT "A"
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EXHIBIT "B"
SPECIAL REQUIREMENTS
As specified in Section 5.1 (d), Additional Insurance, the following insurance policy shall be
required:
Professional Errors and Omissions Insurance. A policy of Professional Errors and
Omissions Insurance in an amount not less than One Million Dollars ($1,000,000.00)
per claim and in the aggregate with respect to loss arising from the actions of the
Contractor performing professional services hereunder on behalf of the City.
Section 5.3, Performance Bond, is deleted.
END OF EXHIBIT "B"
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor
shall be made no more frequently than monthly, and shall be based on costs per unit of work as indicated
herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata
portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion of such
task item. Each request for payment shall contain Contractor's statement of the work or tasks completed
or portion performed, with supporting documentation. The determination of payment due shall be made
based upon the reasonable judgement of the Contract Officer.
Task Total
Lump Sum
PHASE 1 - PRELIMINARY ENGINEERING AND ENVIRONMENTAL STUDIES
Task 1.1, Existing Data Research & Investigation $3,840.00
Task 1.2, Topographic & Design Surveys $6,100.00
Task 1.3, Traffic Forecasts/Operational Analysis $2,900.00
Task 1.4, Initial Site Assessment $6,900.00
Task 1.5, Preliminary Environmental Evaluation $3,840.00
Task 1.6, Initial Study $21,390.00
Task 1.7, HEC-2 Hydraulic Analysis $5,500.00
Task 1.8, FLUVIAL-12 Scour Analysis $3,300.00
Task 1.9, Hydraulic and Scour Report $4,500.00
Task 1.10, Processing Hydraulic and Scour Report $5,000.00
Task 1.11, Environmental Document $8,460.00
Task 1.12, Project Management $12 710 00
Phase 1 Subtotal $84,440.00
PHASE 2 - FINAL ENGINEERING (PLANS, SPECIFICATIONS AND ESTIMATES)
Task 2.1, Geotechnical Design Report $26,300,00
Task 2.2, Roadway Plans $25,400.00
Task 2.2.1, Water Plans $4,100.00
Task 2.2.2, Sewer Plans $3,900.00
Task 2.3, Structural Plans $17,290 00
Task 2.4, Drainage Study $3,800.00
Task 2.5, NPDES Permit and Storm Water Pollution Prevention Plan (SWPPP) $6,300.00
Task 2.6, Environmental Permitting $9 720 00
Phase 2 Subtotal $96,810.00
PHASE 3 - CONSTRUCTION SUPPORT
Task 3.1, Construction Bidding Phase Support $2,460.00
Task 3.2, Construction Inspection Support $9 670 00
Phase 3 Subtotal $12,130.00
Reimburseables (not to exceed) $4,750.00
Grand Total of Contract $198,130.00
END OF EXHIBIT "C"
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
City and Contractor hereby mutually agree that the nature of the scope of services associated with
this Contract, and the requirement to coordinate and obtain approvals by other agencies, may
cause the term of this contract to exceed initial project schedule estimates. The term of this
contract shall automatically extend until such time as required approvals are obtained and all
services identified in Exhibit "A" are completed.
For the purposes of this contract,the Contractor's initial Project Schedule,submitted with its Work
Proposal (dated May 19, 2005) shall be incorporated herein by reference, except that dates shall
be revised by Contractor to update the Project Schedule to reflect the date of the "Notice to
Proceed"issued by the City in place of the date of June 27, 2005, indicated for"Award Contract".
All other dates shall be revised accordingly. The revised Project Schedule shall be submitted to
the City for review and approval at the initial "kick-off' meeting, at which time it shall be
incorporated herein by reference.
END OF EXHIBIT "D"
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RESOLUTION NO.
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS APPROVING AGREEMENT NO.
WITH RICK ENGINEERING COMPANY IN
THE AMOUNT OF $198,130.00 FOR
ENVIRONMENTAL AND CIVIL ENGINEERING
DESIGN SERVICES RELATED TO THE SOUTH
PALM CANYON DRIVE WIDENING, MURRAY
CANYON DRIVE TO BOGERT TRAIL, CITY
PROJECT 05-03
WHEREAS, the Community Redevelopment Agency of the City of Palm Springs,
California, ("Agency'), is constituted under the Community Redevelopment Law
(California Health and Safety Code Section 33000 (et. seq.) to carry out the
purpose of redevelopment in the City of Palm Springs, ("City"); and
WHEREAS, pursuant to Section 33447 of the Community Redevelopment Law,
the Agency may finance the construction of public improvements that will
enhance the environment of residential neighborhoods containing housing for
persons and families of low or moderate income, including very low income
households; and that will be of benefit to the project area; and
WHEREAS, pursuant to Section 33447 of the Community Redevelopment Law,
public improvements eligible for financing including street improvements; and
WHEREAS, on April 21, 2004, the City of Palm Springs Financing Authority, the
Agency, and City Council of the City, approved certain actions associated with
Merged Project No. 1 and Merged Project No. 2 Tax Allocation Bonds,
establishing tax increment revenue specifically allocated to the construction of
the South Palm Canyon Drive Widening.
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Agreement No. with Rick Engineering Company in the
amount of $198,130.00 for environmental and civil engineering design services
related to the South Palm Canyon Drive Widening, Murray Canyon Drive to
Bogert Trail, City Project 05-03, is hereby approved.
Section 2. The Executive Director of the Agency, and/or his designee, is
authorized to execute all necessary documents, in a form approved by the
Agency Counsel.
ADOPTED this 51h day of April, 2006.
Resolution No.
Page 2
Ron Oden, Chairman
ATTEST:
James Thompson, Assistant Secretary
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment
Agency of the City of Palm Springs, hereby certify that Resolution No. is a
full, true and correct copy, and was duly adopted at a regular meeting of the
Community Redevelopment Agency of the City of Palm Springs on April 5, 2006,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, Assistant Secretary
Community Redevelopment Agency of
the City of Palm Springs, California