HomeMy WebLinkAbout00443C - ROSENOW SPEVACEK CONSULTING EMINENT DOMAIN Rosenow Spevacek Group
Eminent Domain Counsulting
SECOND AMENDMENT TO CONTRACT SERVICES AG AGREEMENT #443C Amend 2
WITH ROSENOW SPEVACEK GROUP, INC. FOR CONS R12271- 9-3-03
FOR REDEVELOPMENT PLAN EMINENT DOMAIN ),V1"NU FF-N I C
THIS SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT
#A443C ("Second Amendment") is entered into this. or( day of : C ,,l,; /4- 2003 (the
"Effective Date") by and between the COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation ("Agency') and
ROSENOW SPEVACEK GROUP, INC. ("Contractor").
RECITALS
A. On May 15, 2002, Agency and Contractor entered into that certain
Contract Services Agreement #A443C ("Original Agreement") pursuant to which
Contractor agreed to provide consulting services for the preparation of redevelopment
plan amendments and related CEQA documents.
B. Agency and Contractor expanded,the scope of work and increased the
Contract Sum from $95,700.00 to $100,450.00 by execution of the first amendment,
which was entitled "Addendum to Consultant Services Scope of Work" dated August 12,
2002.
C. Agency and Contractor desire to amend the terms of the Original
Agreement as more particularly described herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 3.4 of the Original Agreement entitled "Term" shall be deleted and
replaced with the following:
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the
services but not exceeding two (2) years from the date hereof, except as otherwise
provided in the Schedule of Performance.
2. Full Force and Effect. Except as expressly stated herein, all other terms of the
Original Agreement shall remain in full force and effect.
IN WITNESS HEREOF the Agency and Contractor have executed this Second
Amendment as of the date first written above.
",AGENCY"
ATTEST: THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA,
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Y� Y�
Assistant Secretary Chairman
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August 12, 2002 - � Via FAX/First Class Mail
Mn John Raymond
CITY OF PALM SPRINCiS
3200 E.Taltquitr Canyon Way
Pahh Springs, CA 92263-2743
ADDENDUM TO CONSULTANT SERVICES SCOPE OF WORK
EMINENT DOMAIN PLAN AMENDMENTS
Dear Mr. Raymond:
I '
Per your request, RSG has prepared this proposal to expand our scope of work for the ongoing
First and Second Amendments to the Merged Redevelopment Plan Nos. 1 and 2. Based on our
meeting on Friday, I understand Qbat the Agency desires to have RSG prepare amended and
restated redevelopment plans for both Project Areas, and participate in a community workshop
scheduled for September 17. As these items were not included in our original ~cope of services,
we have prepared the following scope and fee proposal for your approval.
SCOPE, OF WORK
RSG will undertake the following activities:
Prepare Amended and Restated Redevelopment Yian
incorporating perthient sections of the 10 constituent redevelopment plans, RSti would drill two
separate redevelopment plans for the Merged Project Areas, The new restated plans would
feature Contemporary provisions as required by the Califoniia Community Redevelopment Law,
and ensure conformance with the City's General Plan. F,ach constituent plans' baso year, goals
and limits would be carried over into the new restated Redevelopment Plan, Also, RSG would
prepare new Project Area snaps showing the boundaries of Bach constituent area, and a summary
of the entire Merged Project Area,
An administrative draft would be circulated to stall'and 1+1 counsel for review and comment.
A final plan would be transmitted electronically to the Agency upon completion. RSG
anticipates the Agency would lbmially submit the Plans to tote City Council on September 4.
RS6 INC . ID 714-836-1748 RUG 15 '02 17 :29 No .021 P .03
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Mr. John Raymond
CITY OF PALM SPRINGS
August 12,2002
Page 2
Cnmmuni�Meeting
Staff has requested that RSG panicipaic in a community meeting to provide inlbnnation
regarding the proposed Amendments. The community meeting is tentatively scheduled for
Tuesday, September 17, at 6.00 pm. James C. Simon, Principal and Project Manager, would be
responsible for preparing exhibits, informational handouts, and present the Amendments and the
eminent domain process to the community.
FEE PROPOSAL
RSG would charge for these services on a timc-and-materials basis, not-to-exceed $4,750.
Services rendered would be charged based upon our existing eontraot with the Agency.
Thank you for the opportunity to present this proposiil. If Oils meets with your approval, please
sign below and return a copy to our office. If you have any further questions, please do not
hesitate to contact me.
Sincerely, Approved and Accepted:
ROSENOW(S�P'E�VACEK GROUP,INC. CITY OF PALM SPRINGS
J es C:. Simon
Principal Date �
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Rosenow Spevacek Group, Inc.
Redevelopment Plan Amendments
AGREEMENT #443C
R1174, 5-15-02
CONTRACT SERVICES AGREEMENT FOR
CONSULTING SERVICES REDEVELOPMENT PLAN
(EMINENT DOMAIN) AMENDMENTS
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and
entered into this !s— day of �L 2002, by and between THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a municipal corporation,
(herein "Agency") and Rosenow Spevacek Group, Inc. (herein "Contractor"). The parties
hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services specified in the "Scope of Services"
attached hereto as Exhibit"A"and incorporated herein by this reference, which services may be
referred to herein as the "services" or "work" hereunder. As a material inducement to the
Agency entering into this Agreement, Contractor represents and warrants that Contractor is a
provider of first Gass 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.
1.2 Contractor's Proposal. The Scope of Services 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 Agency
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
Agency against any such fees, assessments, taxes penalties or interest levied, assessed or
imposed against Agency hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants
that Contractor (a) has thoroughly investigated and considered the scope of services to be
performed, (b) has carefully considered how the services should be performed, and (c) fully
understands the facilities, difficulties and restrictions attending performance of the services
under this Agreement. If the services involve work upon any site, Contractor warrants that
Contractor has or will investigate the site and is or will be fully acquainted with the conditions
there existing, prior to commencement of services hereunder. Should the Contractor discover
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any latent or unknown conditions, which will materially affect the performance of the services
hereunder, Contractor shall immediately inform the Agency 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 Agency, except such losses or damages as may be caused by
Agency'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. Agency 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 five percent (5%) or less of the
Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be
approved by the Contract Officer. Any greater increases, taken either separately or
cumulatively must be approved by the Agency Board. 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. Contractor hereby acknowledges that it
accepts the risk that the services to be provided pursuant to the Scope of Services may be more
costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to
additional compensation therefore.
1.9 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the "Special Requirements"
attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a
conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the
provisions of Exhibit"B" shall govern.
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 o f NINETY FIVE THOUSAND SEVEN HUNDRED ($95 700.00) (herein
"Contract Sum"), except as provided in Section 1.8. The method of compensation may include:
(i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of
completion of the services, (iii) payment for time and materials based upon the Contractor's
rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or(iv)
such other methods as may be specified in the Schedule of Compensation. Compensation may
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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 Agency; Contractor shall not be entitled to any additional compensation for attending said
meetings.
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 (1 st) working day of such month, Contractor shall submit to the Agency in
the form approved by the Agency's Director of Finance, an invoice for services rendered prior to
the date of the invoice. Except as provided in Section 7.3, Agency shall pay Contractor for all
expenses stated thereon which are approved by Agency 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 "D", if any, and incorporated herein by this reference. When requested by the
Contractor, extensions to the time period(s) specified in the Schedule of Performance may be
approved in writing by the Contract Officer but not exceeding one 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 Agency, 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 Agency for any delay in the performance of this Agreement, however caused,
Contractor's sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one (1) year from the date hereof, except as otherwise provided in the
Schedule of Performance.
4.0 COORDINATION OF WORK
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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:
James C. Simon, Principal
It is expressly understood that the experience, knowledge, capability and reputation of
the foregoing principals were a substantial inducement for Agency to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the
services hereunder. For purposes of this Agreement, the foregoing principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the
express written approval of Agency.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the Agency Manager of Agency. 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 Agency to the
Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder
shall mean the approval of the Contract Officer. The Contract Officer shall have authority to
sign all documents on behalf of the Agency required hereunder to carry out the terms of this
Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a
substantial inducement for the Agency 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 Agency. 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 Agency. 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 Agency.
The Agency's policy is to encourage the awarding of subcontracts to persons or entities
with offices located within the jurisdictional boundaries of the Agency of Palm Springs and, if
none are available, to persons or entities with offices located in the Coachella Valley ("Local
Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to
Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In
requesting for the Agency to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the Agency that such good faith efforts
have been made or that no Local Subcontractors are qualified to perform the work. Said good
faith efforts may be evidenced by placing advertisements inviting proposals or by sending
requests for proposals to selected Local Subcontractors. The Agency may consider
Contractor's efforts in determining whether it will consent to a particular subcontractor.
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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 Agency 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. Agency
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 Agency and shall remain at all times as to Agency 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
Agency. Agency shall not in any way or for any purpose become or be deemed to be a partner
of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise
with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost
and expense, in a form and content satisfactory to Agency, during the entire term of this
Agreement including any extension thereof, the following policies o.'insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per occurrence basis. If the Contract Sum is $25,000.00
or less, the policy of insurance shall be written in an amount not less than either(i) a combined
single limit of$500,000.00 or(ii) bodily injury limits of$250,000.00 per person, $500,000.00 per
occurrence and $500,000.00 products and completed operations and property damage limits of
$100,000.00 per occurrence and $100,000.00 in the aggregate. If the Contract Sum is greater
than $25,000.00 but less than or equal to $100,000.00, the policy of insurance shall be in an
amount not less than either (i) a combined single limit of$1,000,000.00 for bodily injury, death
and property damage or (ii) bodily injury limits of $500,000.00 per person, $1,000,000.00 per
occurrence and $1,000,000.00 products and completed operations and property damage limits
of $500,000.00 per occurrence and $500,000.00 in the aggregate. If the Contract Sum is
greater than $100,000.00, the policy of insurance shall be in an amount not less than
$5,000,000.00 combined single limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for both the Contractor and the Agency
against any loss, claim or damage arising from any injuries or occupational diseases occurring
to any worker employed by or any persons retained by the Contractor in the course of carrying
out the work or services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than either (i) bodily injury
liability limits of$250,000.00 per person and $500,000.00 per occurrence and property damage
liability limits of$100,000.00 per occurrence and $250,000.00 in the aggregate or(ii) combined
single limit liability of $500,000.00. Said policy shall include coverage for owned, non-owned,
leased and hired cars.
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(d) Additional Insurance. Policies of such other insurance, including
professional liability insurance, as may be required in the Special Requirements.
All of the above policies of insurance shall be primary insurance and shall name the
Agency, its officers, employees and agents as additional insureds. The insurer shall waive all
rights of subrogation and contribution it may have against the Agency, its officers, employees
and agents and their respective insurers. All of said policies of insurance shall provide that said
insurance may not be amended or cancelled without providing thirty (30) days prior written
notice by registered mail to the Agency. In the event any of said policies of insurance are
cancelled, 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 Agency with Certificates of
Insurance or appropriate insurance binders evidencing the above insurance coverages and said
Certificates of Insurance or binders are approved by the Agency.
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 persons 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 policies of insurance that the Contractor is
required to maintain pursuant to this Section 5.1.
5.2 Indemnification. Contractor agrees to indemnify the Agency, 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, whether or not there is
concurrent passive or active negligence on the part of the Agency, its officers, agents or
employees but excluding such claims or liabilities arising from the sole negligence or willful
misconduct of the Agency, its officers, agents or employees, who are directly responsible to the
Agency, 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 Agency, 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 Agency, its officers, agents,
and employees harmless therefrom;
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(c) In the event the Agency, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the Agency, its
officers, agents or employees, any and all costs and expenses incurred by the Agency, its
officers, agents or employees in such action or proceeding, including but not limited to, legal
costs and attorneys' fees.
5.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to Agency a performance bond in the sum of the amount of this
Agreement, in the form provided by the Agency Assistant Secretary, 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 Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in
California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating
Guide or in the Federal Register, and only if they are of a financial category Class VII or better,
unless such requirements are waived by the Risk Manager of tf.s Gity of Palm Springs due to
unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that
the work or services to be performed under this Agreement creates an increased or decreased
risk of loss to the Agency, 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 Risk Manager; provided that the Contractor shall have the right
to appeal a determination of increased coverage by the Risk Manager to the Agency Board
within 10 days of receipt of notice from the Risk Manager.
6.0 RECORDS AND REPORTS
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 Agency is greatly
concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees that if Contractor becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or decrease the cost of
the work or services contemplated herein or, if Contractor is providing design services, the cost
of the project being designed, Contractor shall promptly notify the Contract Officer of said fact,
circumstance, technique or event and the estimated increased or decreased cost related thereto
and, if Contractor is providing design services, the estimated increased or decreased cost
estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such
books and records as shall be necessary to perform the services required by this Agreement
and enable the Contract Officer to evaluate the performance of such services. The Contract
Officer shall have full and free access to such books and records at all times during normal
business hours of Agency, including the right to inspect, copy, audit and make records and
transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the Agency shall have access to such
records in the event any audit is required.
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Contractor, its employees, subcontractors and
agents in the performance of this Agreement shall be the property of Agency and shall be
delivered to Agency upon request of the Contract Officer or upon the termination of this
Agreement, and Contractor shall have no claim for further employment or additional
compensation as a result of the exercise by Agency 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 Agency's sole risk and without liability to Contractor, and the Agency 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 Agency of any documents
or materials prepared by them, and in the event Contractor fails to secure such assignment,
Contractor shall indemnify Agency for all damages resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under
this Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in relation to
this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contractor covenants and agrees
to submit to the personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligations hereunder so long as the
injuring party commences to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of the notice, or such
longer period as may be permitted by the injured party; provided that if the default is an
immediate danger to the health, safety and general welfare, such immediate action may be
necessary. Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance shall not
be a waiver of any party's right to take legal action in the event that the dispute is not cured,
provided that nothing herein shall limit Agency's or the Contractor's right to terminate this
Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes Agency 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
8
s s
compensate Agency for any losses, costs, liabilities, or damages suffered by Agency, and (ii) all
amounts for which Agency 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,
Agency may withhold from any payment due, without liability for interest because of such
withholding, an amount sufficient to cover such claim. The failure of Agency to exercise such
right to deduct or to withhold shall not, however, affect the obligations of the Contractor to
insure, indemnify, and protect Agency as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other party's
consent to or approval of any subsequent act. Any waiver by either party of any default must be
in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of onp o. more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other rights
or remedies for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any
delay in performance of this Agreement would be extremely difficult or impractical to determine
in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and
shall pay to the Agency the sum of fifty dollars ($ 50), as liquidated damages for each working
day of delay in the performance of any service required hereunder, as specified in the Schedule
of Performance (Exhibit"D"). The Agency 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 Agency reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days written notice to Contractor, except that where
termination is due to the fault of the Contractor, the period of notice may be such shorter time as
may be determined by the Contract Officer. In addition, the Contractor reserves the right to
terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written
notice to Agency, except that where termination is due to the fault of the Agency, the period of
notice may be such shorter time as the Contractor may determine. Upon receipt of any notice
of termination, Contractor shall immediately cease all services hereunder except such as may
be specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to
the effective date of the notice of termination and for any services authorized by the Contract
9
Officer thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor
has initiated termination, the Contractor shall be entitled to compensation only for the
reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide 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, Agency 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 Agency shall use reasonable efforts to mitigate such damages), and Agency
may withhold any payments to the Contractor for the purpose of setoff or partial payment of the
amounts owed the Agency 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 AGENCY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of Agency Officers and Employees. No officer or employee
of the Agency shall be personally liable to the Contractor, or any successor in interest, in the
event of any default or breach by the Agency or for any amount which may become due to the
Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the Agency shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that
it has not paid or given and will not pay or give any third party any money or other consideration
for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance
of this Agreement. Contractor shall take affirmative action to insure that applicants are
employed and that employees are treated during employment without regard to their race, color,
creed, religion, sex, marital status, national origin, or ancestry.
10
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 Agency, to the Redevelopment Director and to the attention of the Contract Officer,
Community Redevelopment Agency of the City of Palm Springs, P.O. Box 2743, Palm Springs,
California 92263, and in the case of the Contractor, to the person at the address designated on
the execution page of this Agreement. Either party may change its address by notifying the
other party of the change of address in writing. Notice shall be deemed communicated at the
time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as
provided in this Section.
9.2 interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of this Agreement or any other rule of construction
which might otherwise apply.
9.3 Integration: Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement
supersedes and cancels any and all previous negotiations, arrangemunts, 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.
11
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as
of the date first written above.
ATTEST: THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, municipal
cnoration
By(
Assistant Secretary Chairman
CONTRACTOR:
Rosenow Spevacek Group, INC.
By:
(Notprized Signature)
Corporations require two signatures: One from Print Name & Title /
each of the Following: A. Chairman of Board,
President, any Vice President: AND B. Secretary,
Assistant Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer. /f
-� (No 3fiz .dSignature)
Print Nam & Title
APPROVED AS TO FORNU
-)ate __.--
APPROVED BY WHE COMMOt1CWgTy ftLUL.'V.
AGENCY BY RM DJO. � //7y
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12
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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County of OU ss. 1�
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personally appeared bu ��( Vjl �]f/11 S1(rnaY ucic,
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personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are 3
REOECCA JO CAIiA subscribed to the within instrument and
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I AZCornmissionT 1300232 z acknowledged to me that he/she/they executed
<. Notary Public-Califvenia the same in his/her/their authorized �I
Grange County capacity(ies), and that by his/her/theirI
iiarn"n.C'> rr�v. Jtim t6r?A05 r,
mo,y 7 signature(s) on the instrument the person(s), or
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acted, executed the instrument. ,
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R WITNESS my hand and official seal.
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Place Notary Seal Above ignahuroture of Notary Public �I
fit OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document �I
Title or Type of Document:
Iif Document Date: Number of PagesI
if �I
fSigner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
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01999 National Notary Aococlallon•9350 De Solo Ave,PO.Box 2402•Chi,CA91313-2402•wwwnallonalnolaryo,g Prod No.5907 Reorder Call Toll-Free 1-8006766627
EXHIBIT"A"
SCOPE OF SERVICES
Contractor shall provide the Agency professional consulting services with respect to the
preparation of the Agency's Redevelopment Plan (Eminent Domain) Amendments. Such
services may include, but shall not be limited to:
SCOPE OF WORK
TASK 1 RSG will prepare a detailed schedule that indicates each activity,
Project responsible party, and document due and adoption dates. The
Schedule schedule will guide all parties through the Plan amendment process. As
changes occur, the schedule will be updated accordingly.
TASK 2 RSG will prepare the proposed Plan amendment text for the extension
Draft Plan of eminent domain. As necessary, RSG will assist in the preparation of
Amendment accompanying Agency and Planning Commission staff reports and
resolutions.
Deliverables Draft and final Plan Amendment text; Planning Commission and Agency
staff reports and resolutions.
TASK 3 The Tahquitz Andreas Plan Amendment shall involve election of a
Draft PAC project area committee, required whenever an agency proposes to
Formation include eminent domain authority in a redevelopment plan that affects a
Procedures, "substantial"number of low and moderate income households. As such,
Coordinate RSG has offered and option to assist Agency staff coordinate the
Election election of PAC members from the Project Area. This includes
Process preparation of PAC Formation Procedures, providing input on the
appropriate number of PAC representatives, drafting PAC the
information/election meeting notice, and attending and facilitating PAC
information and election meetings. In addition, RSG would attend one
regular PAC meeting, once the group is elected; additional meetings
may be covered outside this scope of work.
Deliverables Draft and final Formation Procedures for the Project Area Committee.
13
TASK 4 Redevelopment Law requires the Agency to prepare and submit to the
Prepare the City Council a report that describes the reasons for, and implications of,
Report to the the proposed amendment. Since the eminent domain amendment
City Council would not result in significant impacts, an extensive Report to the City
Council is not warranted. RSG would prepare 10 separate Reports for
each Project Area; areas to be addressed in each Report include the
following:
♦ the reasons and the need for the amendment;
♦ the proposed projects and why private enterprise acting alone
or other financing mechanisms cannot accomplish
redevelopment;
♦ the reasonableness of the redevelopment projects programs;
♦ the blighting characteristics of the project area (both physical
and economic);
♦ the implementation plan including any necessary updates;
♦ the methodology of financing the redevelopment project;
♦ the relocation plan;
♦ evidence of consultation with affected citizens, property
owners, and taxing agencies;
♦ the report and recommendation of the Planning Commission,
♦ the report and recommendation of the Project Area Committee;
♦ compliance with CEQA; and
♦ a neighborhood impact report that evaluates the potential
redevelopment project impacts on surrounding neighborhoods.
This report forms the basis for a defense against legal challenges, if
any, to the Plan amendments. The report also allows the City Council to
evaluate the financial feasibility and desirability of the proposed
redevelopment implementation projects and programs. RSG will
prepare this report in simple, direct language that is understandable to
all reviewing parties.
Deliverables Draft and final reports, and staff reports and adoption resolutions.
14
TASK 5 RSG will prepare taxing agency and public notices for all redevelopment
Taxing actions. RSG will transmit the required notices to the affected taxing
Agency/Public agencies, in accordance with Law. Further, RSG, in cooperation with
Notices Agency staff, will prepare property owner, occupant, community
organization and taxing agency address lists and mailing labels. As an
optional service outside this proposal, RSG can also print, assemble
and transit the property owner, occupant, and business owner notices.
Deliverables Public hearing notice, and taxing agency and property owner address
lists.
TASK 6 RSG will subcontract with Phil Martin and Associates to prepare an
Initial Study initial study and negative declaration for the 9 non-PAC amendments,
and Negative and a separate negative declaration for the Tahquitz-Andreas
Declaration amendment. A copy of Phil Martin and Associates proposal is attached
at the end of the contract in Exhibit"E".
TASK 7 The Redevelopment Law provides that the Plan amendment may be
Joint Public considered after the Agency and City Council receive testimony both for
Hearing and and against the amendment. The Law further provides that if the
Responses to redevelopment agency and legislative body are the same, then a joint
Written public hearing may be held. RSG will assist staff and counsel in
Objections preparing for the public hearing; the Project Manager will attend the
hearing, and will provide testimony and answer questions as
appropriate. Further, the Law requires that any written objections be
answered in writing prior to introducing the ordinance that adopts the
Plan amendment. RSG will work with staff and counsel and prepare
responses for up to 10 written objections for each amendment process.
Deliverables Staff reports and responses to written objections.
TASK 8 The Project Manager will attend project management team/staff, Project
Attendance at Area Committee, Planning Commission, Agency Board, and City
Meetings and Council meetings. A total of 13 meetings, including the public hearing,
the Public are included in this proposal. Additional meetings may be conducted on
Hearing a time and materials basis, as requested by the Agency.
TASK 9 RSG will assist in transmitting the adopted ordinance to the newspaper,
Adoption recording necessary documents and mailing necessary final documents
Follow-Up to the State, County and affected taxing entities.
15
OPTIONAL RSG would assume the responsibility of printing, assembling, and
SERVICE transmitting the aforementioned notices as needed. The Contractor's
costs for the transmittals are based upon a per-piece basis as follows:
Public Hearing Certified Mailings (Taxing Agency Notices) $4.00 per piece
Notices
Mailings Public Hearing Notice Mailings
(Property Owners, Business Owners and
Tenants, Residential Tenants) $1.50 per piece
Once the exact number of pieces is determined, RSG would submit a
budget for staff review, and would not commence the mailing activities
until approved. Due to the size of these mailings, RSG would be
requesting an advance of funds at the time of mailing to cover expenses.
15
EXHIBIT "C"
SCHEDULE OF COMPENSATION
RSG will undertake the activities for a fee not to exceed $95,700.00.
RSG would charge for the services rendered under this work program on a time and materials
basis.
Combined
NDs
RSG - Nine (9) Non-PAC Amendments $28,975
RSG -Tahquitz Andreas Amendment (with $23,725
PAC)
Subtotal $52,700
Phil Martin &Associates (2 Negative $43,000
Declarations)
Grand Total $95,700
RSG services specified in the Scope of Services will be charged at the hourly rates listed below.
Principal $ 150.00
Senior Associate 125.00
Associate 100.00
Senior Analyst 85.00
Analyst 75.00
Research Assistant 65.00
Word Processor 45.00
Clerical 35.00
As a policy, RSG does not charge clients for mileage, parking, telephone/fax expense, postage
and incidental copies. We do, however, charge for additional insured certificates, messenger
services, Express Mail/Federal Express costs, and copies of reports, documents, notices, and
is
EXHIBIT "C"
TO CONTRACT SERVICES AGREEMENT
support material in excess of five (5) copies. These costs are charged at actual expense plus a
10% surcharge.
19
EXHIBIT "C"
TO CONTRACT SERVICES AGREEMENT
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Contractor shall be given a Notice to Proceed by the Redevelopment Director immediately upon
authorization to proceed and signature of a contract.
Contractor shall prepare a draft of the Redevelopment Plan (Eminent Domain) Amendments
Negative Declarations will be ready for a 30-day public circulation in approximately four weeks
after Agency approval of the Consulting Services Agreement.
20
EXHIBIT "D"
TO CONTRACT SERVICES AGREEMENT
EXHIBIT "E"
ENVIRONMENTAUCEQA REVIEW PROPOSAL
FROM PHIL MARTIN &ASSOCIATES
21
EXHIBIT "E"
TO CONTRACT SERVICES AGREEMENT
4 i+
Phil Martin & Associates
March 15,2002
Mr. Jim Simon
Rosenow Spevaeek Group,Inc.
217 N. Main Street, Suite 300
Santa Ana,CA 92701-4822
RE: Proposal to Prepare Negative Declaration's for Ten Redevelopment Plan Amendments to Extend the
Authority to Use Eminent Domain—Palm Springs Redevelopment Agency
Dear Mr. Simon:
Thank you for allowing Phil Martin& Associates the opportunity to submit a proposal to prepare Negative
Declarations for the City of Palm Springs Redevelopment Agency(Agency). The Negative Declarations would be
prepared in conjunction with amending ten redevelopment plans to extend the authority to use eminent domain.
It is our understanding the Agency wants to amend ten existing redevelopment plans to extend the authority to use
eminent domain for twelve years. Based on this,we submit the following proposal to: 1)prepare a Negative
Declaration for each plan amendment concurrently for a total of ten Negative Declarations; 2) prepare one
Negative Declaration that encompasses all ten redevelopment plan amendments in one document;and 3)prepare
a Negative Declaration for each plan amendment with nine being processed concurrently and one processed
separately.
Our scope of work has been carefully tailored to meet the needs of the Agency and prepare documents that
comply with the California Environmental Quality Act(CEQA). Our proposed scope of work is based on our
experience preparing Negative Declarations for the extension of eminent domain for several redevelopment
agencies in the past and recent experience preparing multiple Negative Declarations concurrently for a similar
project. Presented below is our proposed work program.
SCOPE OF WORK
Prepare Ten Separate Negative Declarations Concurrently
The following scope of work discusses the task to prepare ten separate Negative Declarations'concurrently. Each
Negative Declaration will be in a format acceptable to the Agency. Phil Martin & Associates will need a
complete project description,a copy of the existing redevelopment plan for each project area,and a reproducible
map of each redevelopment project area.
Initial Study Checklist-Once we have a complete project description for each plan amendment,Phil Martin&
Associates will complete an Initial Study Environmental Checklist Form(Checklist)for each project. As part of
completing the Checklist we will provide written responses to each environmental discipline. The written
response will include a complete discussion of how the proposed Amendment will or will not significantly impact
each environmental discipline.As part of completing the explanations,we will contact all relevant public service
and utility agencies for input as to whether or not the Amendment would impact their agency.
22672 Halter•Mission Viejo 9 CA 92691 •949-586 6406
-
Negative Declarations-Once the Checklist and explanations are completed Phil Martin&Associates will
prepare a Negative Declaration for each Amendment. Each Negative Declaration will consist of five sections:
1)Introduction that will identify the purpose, scope and the statutory authority of the Negative Declaration;
2)Project Description including an environmental setting,project description and supporting exhibits
including a regional map,vicinity map,project area map,the location of each project area shown on an aerial
photograph and a U.S.G.S.topographic map, and color surface level photographs of existing land uses in
each project area; 3)Environmental Evaluation consisting of the Checklist and Explanations; 4)References,
Persons and Organizations Contacted; and 5)List of Preparers.
Screen Check Negative Declarations-Once the Negative Declarations are completed Phil Martin&Associates
will submit three(3)screen check copies of each Negative Declaration to the Agency for review and comment.
Upon receipt of all comments we will revise each environmental document and print copies for mailing.
Print and Mail Draft Negative Declarations - Once all screen check comments have been incorporated Phil
Martin& Associates will print the Negative Declarations for distribution. For purposes of this proposal Phil
Martin & Associates will print thirty(30) copies of each Negative Declaration. Copies will be mailed to all
taxing,trustee and responsible agencies,County Clerk and the State Clearinghouse for a 30-day public review.
The remaining copies will be submitted to the Agency for their use. The Negative Declarations will be mailed by
certified mail(return receipt requested)and proof of the mailing will be submitted to the Agency for its records.
Notice of Intent to Adopt Negative Declarations-As required by Public Resources Code§21092,subds.(a),
(b)and CEQA Guidelines§15072 Plitt Martin&Associates will prepare a Notice of Intent to Adopt aNegative
Declaration for distribution along with mailing each Negative Declaration. We will submit a copy of eachNotice
of Intent to the Agency for its review and incorporate their comments and print copies for mailing. It will be the
responsibility of the Agency to publish a notice in the newspaper of the availability of the Negative Declarations.
The Agency must provide Phil Martin&Associates with proof the newspaper notice has been published.
Final Negative Declarations-Although not required by CEQA,Phil Martin&Associates has made allowances
to provide written responses to correspondence received by the Agency to each Negative Declaration during the
30-day public review period. We will prepare a Response to Comments document in a format acceptable to the
Agency. Once we complete the Response to Comments we will submit three(3)copies to the Agency forreview
and comment. We will incorporate all comments into the Response to Comments document and print twenty(20)
copies. Phil Martin&Associates will mail a copy of the Response to Comments to each agency/individual that
submitted written comments to each Negative Declaration.
Notice of Determination/Certificate of Fee Exemption- Once the Negative Declarations are adopted by the
Agency and City Council,Phil Martin&Associates will file a Notice of Determination(NOD)as required by
Public Resources Code §21152, subd. (a)and CEQA Guidelines §15075 for each Negative Declaration. Phil
Martin&Associates will prepare the NOD and submit the document to the Agency for signature and file each
NOD with the County Clerk and mail a copy to the State Clearinghouse.
In conjunction with filing the NOD the payment of a Department of Fish and Game fee is also required. No
project can be"operative,vested,or final until the filing fee required pursuant to Section 711.4 of the Fish and
Game Code are paid (Public Resources Code §21089, subd. (b); Fish and Game Code §711.4 subd. (c)).
However,no fee is required where a project is found to be"de minimis in its effect on fish and wildlife". The
determination of whether a project's impacts are"de minimis"is based on information in the Initial Study. In
order to claim the de minimis exemption,a lead agency must: 1)provide a brief description of the project and its
location, including the county; 2) state that"an initial study has been conducted by the lead agency so as to
evaluate the potential for adverse environmental impact'; and 3) make a finding declaring that" there is no
evidence before the agency that the proposed project will have the potential for adverse effect on wildlife
resources.
-2-
Phil Martin&Associates does not anticipate that extending the authority to use eminent domain will have any
adverse effects on wildlife resources. Therefore,it is our intent to prepare a de minimis impact finding for each
Negative Declaration. Phil Martin&Associates will prepare a Certificate of Fee Exemption to file a de minimis
impact finding with the County Clerk. We will file the document along with the NOD.
Mitigation Monitoring and Reporting Program - If potential significant effects are identified during
preparation of the Negative Declarations,mitigation measures will be recommended accordingly to reduce the
impacts to a level of insignificance. If mitigation measures are recommended in the Negative Declarations a
Mitigation Monitoring and Reporting Program(MMRP)will be prepared as required by Public Resources Code
§21081.6. The MMRP will include a list of all recommended mitigation measures and each measure will include
the task (e.g., how the impact is going to be mitigated), responsible parry (e.g., lead agency or responsible
agency),timing(when the measure will be implemented),and duration of monitoring requirements. Phil Martin
& Associates will submit three (3) screen check copies of each MMRP to the Agency for review. We will
incorporate their comments and print four(4)copies for submittal to the Agency for its use.
Public Notices-The Agency/City will be responsible for all newspaper noticing regarding the availability ofthe
Notice to Adopt the Negative Declarations and scheduled public hearing dates to adopt the Negative Declarations.
Phil Martin&Associates will be responsible for preparing and filing all CEQA required notices including the
Notice of Intent to Adopt a Negative Declaration,Notice of Determination and Certificate of Fee Exemption.
Meetings/Public Hearings-Phil Martin&Associates has included in our proposal attendance at a total of
two project meetings with city staff. The allowance for staff meetings include a kick-off meeting and one
additional meeting to discuss comments to the Negative Declaration,MMRP,notices,etc.
This proposal assumes that all ten Negative Declarations will be presented to the Planning Commission and
Agency/City Council concurrently for adoption/approval. We have included attendance at two public hearings in
support of all ten Negative Declarations concurrently.
Prepare One Negative Declaration Encompassing all Ten Amendments
The scope of work to prepare one Negative Declaration encompassing all ten redevelopment plan amendments
will be the same as the scope of work to prepare separate Negative Declarations. The scope of work includes
preparing one Negative Declaration and will list each redevelopment plan amendment separately. The scope of
work is provided below:
Initial Study Checklist-Once we have a complete project description for each plan amendment,Phil Martin&
Associates will complete an Initial Study Environmental Checklist Form(Checklist)for each project. Letters will
be assigned to each redevelopment project area to identify each plan Amendment. The appropriate letter will be
placed in the corresponding box of the Checklist for each environmental discipline. Each Amendment will be
listed separately in the Explanation section of the Checklist. The written response for each Amendment will
include a complete discussion of how each Amendment will or will not be significantly impacted by each
environmental discipline. As part of completing the explanations we will contact all relevant public service and
utility agencies for input as to whether or not the Amendment would impact their agency.
Negative Declaration-The Negative Declaration will consist of five sections: 1)Introduction that will identify
the purpose,scope and the statutory authority of the Negative Declaration; 2)Project Description including an
environmental setting,project description and supporting exhibits including a regional map,vicinity map,project
area map,the location of each project area shown on both an aerial photograph,a U.S.G.S.topographic map,and
color surface level photographs of existing land uses in the project area;3)Environmental Evaluation consisting
of the Checklist and Explanations;4)References,Persons and Organizations Contacted;and 5)List of Preparers.
-3 -
Screen Check Negative Declaration- Once the Negative Declaration is completed Phil Martin&Associates
will submit three(3) screen check copies of the Negative Declaration to the Agency for review and comment.
Upon receipt of all comments we will revise each environmental document and print copies for mailing.
Print and Mail Draft Negative Declaration - Once all screen check comments have been incorporated Phil
Martin & Associates will print the Negative Declaration for distribution. For purposes of this proposal Phil
Martin&Associates will print thirty(30)copies of the Negative Declaration. Copies will be mailed to all taxing,
trustee and responsible agencies, County Clerk and the State Clearinghouse for a 30-day public review. The
remaining copies will be submitted to the Agency for their internal use. The Negative Declaration will be mailed
by certified mail (return receipt requested) and proof of the mailing will be submitted to the Agency for its
records.
Notice of Intent to Adopt Negative Declaration-As required by Public Resources Code§21092,subds.(a),
(b)and CEQA Guidelines§15072,Phil Martin&Associates will prepare a Notice of Intent to Adopt aNegative
Declaration for distribution along with the mailing of each Negative Declaration. We will submit a copy of the
Notice of Intent to the Agency for its review and incorporate their comments and print copies for mailing. It will
be the responsibility of the Agency to publish a notice in the newspaper of the availability of the Negative
Declaration. The Agency must provide Phil Martin & Associates with proof the newspaper notice has been
published.
Final Negative Declaration-Aidrough not required by CEQA,Phil Martin&Associates has made allowances
to provide written responses to the correspondence received by the Agency to the Negative Declaration during the
30-day public review period. We will prepare a Response to Comments document in a format acceptable to the
Agency. Once we complete the Response to Comments we will submit three(3)copies to the Agency for review
and comment. We will incorporate all comments into the Response to Comments document and print twenty(20)
copies. Phil Martin&Associates will mail a copy of the Response to Comments to each agency/individual that
submitted written comments to the Draft Negative Declaration.
Notice of Determination/Certificate of Fee Exemption - Once the Negative Declaration is adopted by the
Agency and City Council,Phil Martin&Associates will file a Notice of Determination(NOD)as required by
Public Resources Code§21152,subd.(a)and CEQA Guidelines §15075. Phil Martin&Associates will prepare
the NOD and submit the document to the Agency for signature and file the NOD with the County Clerk andmail
a copy to the State Clearinghouse after the Negative Declaration is adopted.
In conjunction with filing the NOD the payment of a Department of Fish and Game fee is also required. No
project can be"operative,vested, or final until the filing fee required pursuant to Section 711.4 of the Fish and
Game Code are paid (Public Resources Code §21089, subd. (b); Fish and Game Code §711.4 subd. (c)).
However,no fee is required where a project is found to be"de minimis in its effect on fish and wildlife". The
determination of whether a project's impacts are"de minimis"is based on information in the Initial Study. In
order to claim the de minimis exemption,a lead agency must: 1)provide a brief description of the project and its
location, including the county; 2) state that"an initial study has been conducted by the lead agency so as to
evaluate the potential for adverse environmental impact'; and 3) make a fording declaring that" there is no
evidence before the agency that the proposed project will have the potential for adverse effect on wildlife
resources.
Phil Martin&Associates does not anticipate that extending the authority to use eminent domain will have any
adverse effects on wildlife resources. Therefore,it is our intent to prepare a de minimis impact fording for the
Negative Declaration. Phil Martin&Associates will prepare a Certificate of Fee Exemption to file a de minimis
impact finding with the Coolly Clerk. We will file the document along with the NOD.
-4-
Mitigation Monitoring and Reporting Program. If potential significant effects are identified during
preparation of the Negative Declaration mitigation measures will be recommended accordingly to reduce the
impacts to a level of insignificance. If mitigation measures are recommended in the Negative Declaration a
Mitigation Monitoring and Reporting Program(MMRP)will be prepared as required by Public Resources Code
§21081.6. The MMRP will include a list of all recommended mitigation measures and each measure will include
the task (e.g., how the impact is going to be mitigated), responsible party (e.g., lead agency or responsible
agency),timing(when the measure will be implemented),and duration of monitoring requirements. Phil Martin
& Associates will submit three (3) screen check copies of the MMRP to the Agency for review. We will
incorporate their comments and print four(4)copies for submittal to the Agency for its use.
Public Notices-The Agency/City will be responsible for all newspaper noticing regarding the availability ofthe
Notice to Adopt a Negative Declaration and scheduled public hearing dates to adopt the Negative Declaration.
Phil Martin&Associates will be responsible for preparing and filing all CEQA required notices including the
Notice of Intent to Adopt a Negative Declaration,Notice of Determination and Certificate of Fee Exemption.
Meetings/Public Hearings-Phil Martin&Associates has included in our proposal attendance at a total of
two project meetings with city staff. The allowance for staff meetings include a kick-off meeting and one
additional meeting to discuss comments to the Negative Declaration,MMRP,notices,etc.
This proposal assumes that the Negative Declaration will be presented to the Planning Commission and
Agency/City Council for adoption/approval. We have included attendance at a total of two public hearings in
support of the Negative Declaration.
Prepare Ten Separate Negative Declarations—Nine Concurrently and One Separately
It is our understanding that one of the Amendments may take longer to complete than the other nine. Therefore,
we have prepared a scope of work to prepare nine Negative Declarations concurrently and the tenth document
separately. The scope of work for this scenario would be the same as preparing all ten concurrently. However,
the schedule for completing the tenth document would be separate and independent from the other nine. The main
difference would be the cost to attend separate project meetings and public hearings. The remaining scope of
work would be the same.
PROJECTSCHEDULE
Phil Martin&Associates is committed to preparing the document(s)necessary to meet the Agency's needs in a
timely manner. We can begin preparation of the required document(s)immediately upon authorization to proceed
and signature of a contract. We are prepared to have the Negative Declarations ready for a 30-day public
circulation in approximately six weeks once we are authorized to proceed and receive a copy of each existing plan.
PROJECT FEE
Based on the scope of work presented above,the fixed fee to prepare ten Negative Declarations concurrently is
$59,400.00. The fixed fee to prepare one Negative Declaration encompassing all ten Amendments is$43,000.00
and the fixed fee to prepare nine Negative Declarations concurrently and one separately is$61,800.00.
If you have questions or require additional information,please do not hesitate to contact me.
Pl'u Martin
5 -
ACORD CERTIFICA LIABILITY INSURANC DATE(MM/OD/Y1')
PRODUCER APR 102
GELKER&ROHRER INSURANCE AGENCY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
2402 MICHELSON,SUITE 100 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
IRVINE CA 92612 POLICIES BELOW.
PHONE: 949-862-4900
FAX: 949-752-2950
Agency Lic#:0560758 COMPANIES AFFORDING COVERAGE ;;(";r; ,
INSURED COMPANYA: C N A INSURANCE COMPANY
SPEVACEK GROUP,INC.
C/O DEBBIE WEINSTEIN COMPANY B EVERST NATIONAL INSURANCE COMPANY
CIO DEB
217 NORTH MAIN STREET SUITE 300 COMPANY C ROYAL SURPLUS LINES INSURANCE C 1JAP Y 1 t,,
SANTAANA CA 92701-4822 COMPANY
COMPANY E.
r
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED
OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE POLICY NUMBER POLILYEFFLCTIVE POLICY EXPIRATION
LATFIM ry MLnnYl rn,_p6U, M LIMITS
GENERAL LIABILITY B 205491949$ MAR 1 02 MAR 1 03 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any One Fire) S 250,000
CLAIMS MADE OCCUR MED EXP(Any One Person) $ 5,000
A PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGAT C- $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG. $ 2,000,000
POLICY F7 PROJECT LOG
AUTOMOBILE LIABILITY B 2054919467 MAR 1 02 MAR 103 COMBINED SINGLE LIMIT
ANY AUTO (Ea.,omd.nl) $ 1,000,000
ALL OWNED AUTOS BODILY INJURY
A SCHEDULED AUTOS (Per person) §
X HIRED AUTOS
X NON-OWNED AUTOS BODILY INJURY" $
(Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT s
ANY AUTO
OTHER THAN EAACC $
AUTO ONLY. AGG $
EXCESS LIABILITY B 2054919548 MAR 1 02 MAR 1 03 EACH OCCURRENCE $ 13000,000
X OCCUR 17 CLAIMS MADE
A AGGREGATE $ 13000,000
s
DEDUCTIBLE
S
RETENTION §
WORKERS COMPENSATION AND 3900008166021 JAN 14 02 JAN 14 03 we suTU- OTHER
EMPLOYERS'LIABILITY ORYLJMRs
B EL EACH ACCIDENT s 1,000,000
E L DISEASE-EA EMPLOYEE § 1,0003000
E.L DISEASE-POLICY LIMIT S 1,000,000
OTHER:PROFESSIONAL KZD 529494 MAR 1 02 MAR 1 03 $2,000,000 GENERAL AGGREGATE
C LIABILITY $2,000,000 EACH CLAIM
$5,000 DEDUCTIBLE
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CITY OF PALM SPRINGS IS A NAMED ADDITIONAL
INSURED WITH RESEPCTS TO GENERAL LIABILITY AND EXCESS LIABILITY,COMMERCIAL AUTO AND WORKERS COMP
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: _ CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
OFFICE OF THE CITY CLERK EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN
CITY OF PALM SPRINGS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
3200 TAHQUITZ CANYON WAY
PALM SPRINGS,CA 92262
AUTHORIZED REP ENTATIVE�
Attention: PATRICIA A.SANDERS
ACORD 25-S(7/97) Certificate# 18798
THISrENDOItSE "`ANT CLARIFIES THE POLICY. PLEASE n^AD CAREFULLY.
WORKE4OMPENSATION CHANGE AORSEMENT ADJ.NO. 003
NAMED INSURED ADJUSTMENT DATE POLICY NUMBER
ROSENOW SPEVACEK GROUP, INC.
05-30-01 3900008166011
IFTH IS ENDORSEMENT IS LISTED IN THE POLICY DECLARATIONS,THE TIME C COUNTERSIGNED BY:
IT COMMENCES
O IS IN EFFECT FROM THE UNDER THIS POLICY
CO
MMENCES OTHERWISE.THE EFFECTIVE DATE OF THIS ENDORSEMENT IS AS SHOWN ABOVE AT THE SAME TIME OR
HOUR OF THE DAY AS THE POLICY BECAME EFFECTIVE. AUTHORIZED REPRESENTATIVE
POLICYTERM: 01-14-2001 TO 01-14-2002
CHANGE DESCRIPTION
THE POLICY IS AMENDED AS FOLLOWS :
ADD WAIVER OF SUBROGATION PERFORM WC 040306, PREMIUM SUBJECT TO AUDIT
FOR CITY OF PALM SPRINGS, COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS .
IT IS UNDERSTOOD AND AGREED THAT THE EFFECTIVE DATE OF THIS
ENDORSEMENT WILL BE 01/14/01 .
1, A SP,�Q V'
o �n
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QEG �Q
CfIY�
PREMIUM CHANGE
Additional/Return $
NC('I COMPANY N0. 28312
tLU 003 (0589) Page 1
INSURED COPY
WORKERS COMPENSATION AMPLOYERS LIABILITY INSURANCE PAY U HOV 30�ti/`°`, WC 0403 06
RECEIVED J
Cn1 G1 Eel/
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-
CAUFORNIA
We have the right to recover our payments fromanyone liablefor an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium
otherwise due on such remuneration.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
CITY OF PALM SPRINGS ALL OPERATION
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS
ATTENTION:BARBARA J. WHITE
3200 TAHQUITZ CANYON WAY
PALM SPRINGS, CA, 92262
This endorsement changes the policy to which itis attached and is effective on thedate issued unless otherwise stated,
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 05-30-01 Policy No. 3900008166011 Endorsement No. 003
Insured ROSENOW SPEVACEK GROUP, INC. Premium $INCL.
Insurance Company EVEREST NATIONAL INSURANCE COMPANY n
Countersigned By
A-,L�
-1998 by the Workers'Compensation hsumme Rating Bureau of California. All rights reserved.
From the WCIRB's California Workers' Compensation Insurance Forms Manual-1999.
INSURED COPY