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HomeMy WebLinkAbout9/3/2008 - STAFF REPORTS - 2.K. �DFpALMgp1p lA U n a C,q<1FOBN�Pa CITY COUNCIL STAFF REPORT DATE: September 3, 2008 CONSENT CALENDAR SUBJECT: AMENDMENT OF CONTRACT SERVICES AGREEMENT WITH TERRA NOVA PLANNING & RESEARCH FOR THE WATER SUPPLY STUDY FOR THE SECTION 14 MASTER DEVELOPMENT PLAN SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT. FROM: David 1-I- Ready, City Manager BY: Douglas C. Holland, City Attorney RECOMMENDATION: 1 Make the finding that the First Amendment to the Contract Services Agreement with Terra Nova Planning & Research is necessary and in the best interest of the City in order to expand and update the Water Supply Study ("Study") for the " Section 14 Master Development Plan Supplemental Environmental Impact Report ("SEIR") in compliance with California Environmental Quality Act ("CEQA")- 2. Approve the First Amendment to the Contract Services Agreement with Terra Nova Planning & Research. 3. Authorize the City Manager on behalf of the City to execute the First Amendment to the Contract Services Agreement with Terra Nova Planning & Research. STAFF ANALYSIS: The City Attorney recommends that the City Council approve the First Amendment to the Contract Services Agreement ("Agreement') with Terra Nova Planning & Research ("Terra Nova"). The City Council approved the original Agreement which was executed as of January 18, 2007. The Agreement called for the preparation of a Supplemental EIR and a Study of limited scope and documentation as part of a Settlement Agreement regarding the adequacy of the original Section 14 Master Development Plan EIR- Since the original Agreement with Terra Nova was executed, Terra Nova has been required to conduct supplemental water supply modeling and analysis to address unforeseen developments, including a recent decision by a federal court affecting State Water Project water deliveries (See Exhibit A-1, "Scope of Work" to First Amendment to Contract Services Agreement). The proposed First Amendment would compensate 59;519 I ITEM NO. City Council Staff Report September 3, 2008-- Page 2 First Amendment of Contract for Services with Terra Nova Planning & Research Terra Nova for this additional analysis and related meetings and consultation with the City Attorney's office and other City staff. The City Council is required to consider the First Amendment because the additional scope of work results in compensation in excess of ten percent (10%) of the original compensation amount. FISCAL IMPACT: The additional compensation required to complete the updated water supply study in the amount of, and not to exceed, Thirteen Thousand Five Hundred Dollars and 00/100 ($13,500). David H. Ready, City a OA�& Douglas C. Holland, City Attorney Attachment: 1. Proposed First Amendment to Contract Services Agreement with Terra Nova Planning & Research 59n519 1 32 CITY OF PALM SPRINGS FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT CEQA Supplemental EIR for Section 14 Master Development Plan and Specific Plan THIS FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT ("Amendment') is made by and between CITY OF PALM SPRINGS, a Municipal Corporation ("City"), and TERRA NOVA PLANNING & RESEARCH ("Contractor") as of , 200_, and it amends that certain Contract Services Agreement dated as of January 18, 2007, by and between City and Contractor ("Agreement")- All terms defined in the Agreement shall have the same meaning when used herein. RECITALS A. City contracted with Contractor for a Section 14 Master Development Plan Supplemental Environmental Impact Report ("SEIR") in compliance with the requirements of the California Environmental Quality Act ("CEQA"). B, The Scope of Services related to the SEIR called for a water supply study of limited scope and documentation. C. City has determined that the SEIR must incorporate a water supply study of expanded scope, analysis and documentation requiring further work from the Contractor in excess of that set forth in the Agreement's Scope of Services. D. Buyer and Seller now mutually desire to amend the Agreement as set forth below. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Contractor mutually agree to amend the Agreement as follows: AGREEMENT 1. Section 1.1 of the Agreement shall be amended to include reference to Exhibit A-1 attached hereto and incorporated herein by this reference. 2. Section 2.1 of the Agreement shall be amended to include reference to Exhibit C-1 attached hereto and incorporated herein by this reference. Pursuant to Section 1.8 of the Agreement, City Council approves and authorizes the Additional Compensation payable to Contractor set forth on Exhibit C-1 in the amount of, and not to exceed, Thirteen Thousand Five Hundred Dollars and 00/100 ($13,500) as compensation for the services set forth on Exhibit A-1. Tcrra Nova Agreement-First Amendment Page 1 of 5 }Q2 h5I Ica 3. Except as expressly amended herein, all terms and provisions of the Agreement shall remain unamended and in full force and effect as originally executed. In the event there is a conflict between the terms and provisions of this Amendment and the terms and provisions of the Agreement, the terms and provisions of this Amendment shall control. 4. This Amendment shall be binding upon and inure to the benefit of the City and Contractor and their respective successors and assigns. This Amendment may be executed in counterparts, each of which, when taken together, shall constitute one fully executed original. Facsimile signatures shall be binding for all purposes of this Amendment. [EXECUTION PAGE FOLLOWS] Terra Nova Agreement-First Amendment Page 2 of 5 597Vfis� 1 Zi IN WITNESS WHEREOF, City and Contractor have executed this Amendment as of the date first written above- "CITY„ CITY OF PALM SPRINGS a Municipal Corporation By: David H. Ready, City Manager ATTEST: By: James Thompson, City Clerk APPROVED FORM- By: Douglas C. Holland, City Attorney "CONTRACTOR" TERRA NOVA PLANNING 8. RESEARCH a California Corporation By: John D. Criste, President By: Nicole Sauviat Criste, Vice President Terra Nova Agreement-First Amendment Page 3 of 5 i42Sn9.1 EXHIBIT A-1 SCOPE OF WORK ENVIRONMENTAL & PLANNING SERVICES SECTION 14 MASTER DEVELOPMENT PLAN/SPECIFIC PLAN SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND PROCESSING ASSISTANCE Terra Nova Planning & Research, Inc. (hereafter Terra Nova) prepared and has been under contract for the original scope of work to prepare a Supplemental EIR for the Section 14 Master Development Plan/Specific Plan, which was approved by the City and the Agua Caliente Band of Cahuilla Indians (Tribe) in 2002. A Supplemental EIR was prepared in response to litigation challenging the earlier environmental analysis, with water resources analysis being the focus of the SEIR. Supplemental Water Supply Study Modeling & Analysis During the period that the project Water Supply Study (WSS) was under development, the circumstances under which water supply was modeled and analyzed changed significantly. The scope of the study was a result of recent decisions by the courts regarding State Water Project (SWP) water deliveries and the decision of the SWP managers to reduce delivers to SWP contractors, including DWA. Terra Nova has since been coordinating with senior DWA staff and indirectly with staff at the Department of Water Resources, and conducting additional research on the effects of the SWP delivery reductions on DWA water supplies. Amended WSS materials were provided and a variety of models were reviewed with DWA and others; the final WSS reflects the substantial additional consultation, research and analysis we conducted. The requested additional funds include time spent to complete City, DWA, DWR and other consultations, amend the WSS and facilitate its tacit approval as a consensus analysis. Meetings, Consultations and Document Revisions The process of developing the scope of the SEIR analysis, extensive and on- going consultations and document revisions based on feed back from the City Attorney and other City staff. In addition, the greatly expanded water resources analysis included the consultation with and involvement and input of staff from the City, DWA, Coachella Valley Water District (CVWD) and the state DWR. Schedule The schedule for this project, as it currently stands, is not affected by the subject Change Order. The draft Response to Comments on the DEIR is currently being reviewed by the City staff. Once finalized, they will be provided to the commentators and 10-days thereafter the SEIR may be brought before the City Council for certification. Terra Nova Agreement-First Amendment Page 4 of 5 592665 1 g EXHIBIT C-1 COMPENSATION ENVIRONMENTAL & PLANNING SERVICES SECTION 14 MASTER DEVELOPMENT PLAN/SPECIFIC PLAN SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND PROCESSING ASSISTANCE Compensation/Budget The costs associated with the provision of the above referenced services shall notexceed: Field Surveys, Data Collection & Analysis $ 2,700.00 Expanded Water Supply Study $ 7,000.00 Additional Meeting, Consultation &Doc. Revision: $ 3,800.00 Total: $ 13,500,00 Terra Nova Agreement-First Amendment Page 5 of 5 592051 • " W1 L'