Loading...
HomeMy WebLinkAbout04584 - KEITH COMPANIES PD231 PS CLASSIC Cindy Berardi From: Cindy Berardi Sent: Wednesday, September 15, 2010 10:19 AM To: Craig Ewing Subject: Can this contract be closed out? Fallow Up Flag: Follow up Due By: Wednesday, September 22, 2010 12:00 AM Flag Status: Red Attachments: A4584 The Keith Companies.pdf Yes. This project was completed. Craig A. Ewing,AICP Director of Planning Services „ity of Palm Springs 3200 E. Tahquitz Canyon Way 'aim Springs, CA 92262 760-323-8269 'Go all the way, then come back." Harley Earl The attached contract was approved in 2002 and is for professional planning services. Can it be closed out? Thank you. ]cptlt�City Cleric ")fTicc of the Cigj(._lerL Dity of Palm Springs '. O. Box 2743 'aim Springs, CA 92262 '760) 322-8355 indy.Bera... alms -Ein sg ca.go_v 'lease note the office hours for City Hail are Monday-Thursday 8am-6pm, and we are closed on Fridays. Dlease consider the environment prior to printing this e-mail. Thank you! nisi i�nin The Keith Companies Prof Planning Support AGREEMENT #4584 M07184, 10-16-02 CITY OF PALM SPRINGS -- — — - -- -- CONTRACT SERVICES AGREEMENT FOR THIS CONTRACT SERVICES AGREEMENT(herein"Agreement"),is made and entered into this 16th day of October, 2002, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and The Keith Companies (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,the Contractor shall provide those services specified in the"Scope of Services"attached hereto as Exhibit"A" and incorporated herein by this reference, which services may be referred to herein as the"services"or"work"hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor,is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials . will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards"shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement,the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments,taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 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 any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work,and the equipment, materials, papers, documents,plans, studies and/or other components thereof to prevent losses or damages,and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. FS2/276/099999-3000/2160604 2 6/14/96 1 Revised 09/01/98 rr Rwo�$ 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. 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 bythis 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 Contractorshall 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 and thirty-two thousand four hundred sixty-five dollars ( 132 456) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii)payment in accordance with the percentage of completion of the services,(iii)payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or(iv)such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs,telephone expense,transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 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,Contractorshall submitto 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 Contractorfor 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 FS2/296/099999-3000/2160694 2 6114196 Revved:09/01/96 2 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 maybe approved in writing bythe 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 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 (Exhibit"D"). 4.0 COORDINATION OF WORK 4.1 Representative ofContractor. The following principal 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: Michael A. Peroni It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore,the foregoing principal 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 principal may not be replaced nor maytheir responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore,Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law,whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor,taking all transfers FS2/276/099999-3000/2160684 2 6/14196 RevN d.09/01/98 3 into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the,jurisdictional boundaries of the City of Palm Springs and, if none are available,to persons or entities with offices located in the Coachella Valley("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entitythat 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 maybe evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City 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 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 satisfactoryto City,during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. The policy of insurance shall be in an amount not less than either (i) a combined single limit of$1,000,000 for bodily injury, death and property damage or(ii) bodily injury limits of$500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and property damage limits of $500,000 per occurrence. If the Contract Sum is greater than $100,000, the policy of insurance shall be in an amount not less than $5,000,000 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 City 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$500,000 per person and $1,000,000 per occurrence and property damage liability limits of $250,000 per occurrence and $500,000 in the aggregate or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased and hired cars. rS2/276/099999-3000/2160684 2 6114196 4 R scvi cd 09/01M (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 City, its officers, employees and agents as additional insureds,except that the City shall not be named as an additional insured for the Worker's Compensation Insurance nor the Professional Liability Insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty(30) days prior written notice by registered mail to the City. 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 or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. All certificates shall name the City as additional insured (providing the appropriate endorsement), be signed by an authorized agent of the insurer, and shall contain the following "cancellation" notice: "CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail an advance 30-day written notice to the Certificate holder named herein." The Contractor agrees thatthe 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 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, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees 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) Contractorwill defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers,agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, PS2276/099999-3000/2160694.2 6114195 Revised:09/01/98 5 agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees. 5.3 Performance Bond. A performance bond is not required. 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 City Manager or designee of the City("City Manager")due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10)days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or,if Contractor is providing design services,the cost of the project being designed,Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and,if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy,audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liabilityto Contractor,and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. FS2276/099999-3000/2160684 2 6114196 6 Re.s d 09/01/98 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 bythe injured party; provided that if the default is an immediate dangerto the health,safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses,costs, liabilities, or damages suffered by City,and (ii)all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the eventthat any claim is made by a third party,the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding,an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the parVs 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 maytake legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement,to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ($ ) 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 City maywithhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. FS2/276/099999-3000/2160604 2 6114/96 7 Revised:09/01/98 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 anytime,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 anytime upon, with or without cause,upon sixty(60)days'written notice to City,except that where termination is due to the fault of the City,the period of notice maybe such shorter time as the Contractor may determine. Upon receipt of any notice of termination,Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination,the Contractor shall be entitled to compensation onlyforthe 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 Contractorto fulfill its obligations underthis 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 maywithhold 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 attorneys 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 casts 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-Iiabilitvof City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest,direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which_effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Aaainst 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. Contractorshall take affirmative action to insure that applicants are employed and that employees are FS➢1276/099999-3000/2160684.26/14/96 8 Rcvimd 09/01/98 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,and in the case of the Contractor,to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance With the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration:Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties,and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 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 next page) FS2/276/099999-3000/2160684.2 6114196 9 R.v d.09/01/99 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS, a municipal corporation City Manager BCity Clerk � � (C�I eck one: _Individual_ Partnership Corporation) APPROVED AS TO FORM: CONT TOR: By: °��`�1�P' �� t� KG t F eo c�r�t�nj I C' CityA or- y B MUCENksm ntwavahwopw B ` Signature Gary 0. Gampanaro Ghi 'r nt Name &TitleSr Mailing Address: T11F KEITH rnMPANTFC 73-733 FRED WARING DRIVE, STE. 100 PALM DESERT, CA 92260-2590 (Corporations require two signatures: One from each of the following: A. Chairman of Board, President,any Vice ��,��,�� ( U lr' tj);I? ,,y° 9 President: AND B. Secretary, Assistant Secretary, Treasurer,Assistant Treasurer,or Chief Financial Officer). j�`� "'�� /2�( // FS2/296/099999A000/2160684.26114196 )O Aevlscd 09/01/98 EXHIBIT"A" The Keith Companies, Palm Desert Division (TKC) SCOPE OF SERVICES I. Overview The proposed project is similartothe Palm Springs Classic Planned Development District in terms of intensity of land use but that the location and types of land uses have been altered somewhat from the original plan (PDD 231). The proposed project would include revisions to the existing entitlements, including the adopted PDD 231 and associated Tentative Tract Map. The revised development entitlements will be consistent with the City of Palm Springs General Plan and Zoning Ordinance. Revisions to the Tentative Map will reflect the changes to the overall land development, including grading, roads, drainage, and landscaping. The City's discretionary approval of these documents will create a consistent set of City policies and regulations and establish the necessary framework for subsequent construction and occupancy permitting. The City is requesting that TKC provide planning consulting services including preparation of an Environmental Assessment for the project. The analysis will be tiered-off of the Certified Palm Springs Classic Final Environmental Impact Report(1994)and supporting technical studies, as well as the Palm Springs General Plan Environmental Impact Report (1992). TKC will be responsible for contracting and managing the project sub-consultant team,consisting of biologist (Jim Cornett),traffic/air/noise consultant(Endo Engineering)to prepare updated Biology,Traffic, Noise & Air Quality analysis for inclusion in the Environmental Assessment based upon their previous studies. Along with these consultants, it is assumed that the applicants design team will work at TKC's direction to facilitate the project. The developers design team will provide items like hydrology analysis, and infrastructure analysis, and descriptive information necessary to clearly describe the proposed action. It is further understood that the developers design team will work with TKC to develop mitigation strategies as determined necessary. TKC will serve as supporting staff to the City of Palm Springs (Lead Agency), by managing the project, coordinating with sub-consultants, and preparing the associated Mitigation Monitoring Plan, Resolutions, and Staff Reports. These documents are required for the Public Hearing process and are scheduled to be prepared to be available for the hearings. It is critical that the applicant commit to prompt request for information on the proposed project and its operation to facilitate analysis and to meet the very tight time frames the City is requesting. A previous version of this project on the same site was the subject of the Palm Springs Classic Environmental Impact Report (1994), and the broad impacts of development in the area are addressed in the City's General Plan Environmental Impact Report (1992). In its decision to require an Environmental Assessment for the revised Planned Development District,the City has anticipated that, due to the similar intensity of land use,the impacts of the revised project will be similar to or less than the impacts identified in the previous reports. Determinations made by the City with respect to significant impacts and feasible mitigation in the previous reports and related resolutions will be presumed to apply to similar impacts of the revised project. Il. Scope of Services A. Environmental Assessment Hydrology/Flood Control TKC will work with the applicants consultant who will prepare an updated analysis of the project's hydrological impacts in accordance with Riverside County Flood Control standards based upon the revised project description (especially the drainage plan) and site plan. TKC will then draft an Environmental Assessment section,which analyzes the proposed project's drainage plan and identifies significant adverse impacts and mitigation measures required to address the impacts. Water Quality FS2 276/099999-3000/2160684.2 6114196 Revised 09/01/98 t t TKC will utilize data based upon the prior technical analysis prepared for the original project,the City of Palm Springs General Plan Environmental Impact Report, the Palm Springs Classic. Environmental Impact Report, and project description materials provided by the applicant's consultants (especially the pesticide management plan). These resources will be used to document the project areas existing surface water and groundwater quality conditions, and to determine project related impacts. Impacts identified as significant will be addressed with mitigation measures. Geology, Soil, Erosion, Seismic Safety TKC will utilize data based upon the prior technical analysis undertaken by the project geologist, the Cityof Palm Springs General Plan Environmental Impact Report and the Palm Springs Classic Environmental Impact Report. The project geologist will prepare and letter of update to his prior report that analyzes the revised project for impacts related to geotechnical considerations on the project site. Based on this input, an impact analysis will be provided which identifies any significant adverse impacts which may occur as a result of project implementation,and mitigation measures will be developed to address identified impacts. Biology TKC will review existing previously prepared biology studies and work with the biological consultant to provide an Environmental Assessment section which analyzes the proposed project, identifies significant adverse impacts and proposes mitigation measures required to address the impacts. TKC will supervise, coordinate and scope the work of the biological consultant,who will provide an updated analysis based upon the prior technical study, including any available recent biological reports prepared forthe general area,and project description materials provided bythe applicant. The biologist will also conduct a record search for any new sensitive biological resources which are listed on the California Natural Diversity Data Base and will conduct field surveys, as needed, to determine new impacts and new distributions or occurrences of the vascular flora nd vertebrate fauna of the site. The Biological consultant will consult with California Department of Fish and Game and U.S. Fish and Wildlife Service to document new biological concerns and collect information as relevant to the site. Cultural/Historical TKC will base the cultural analysis on the previous technical report prepared forthe Palm Springs Classic EIR. The proposed project will then be analyzed for impacts related to cultural considerations of the project site. Impacts and concerns will be identified, and mitigation will be provided as necessary. Traffic and Circulation TKC will be responsible for contracting and working with the project traffic consultant (Endo Engineering) to prepare an updated analysis of the project's traffic impacts based upon the revised project description and site plan. A new trip generation forecast will be made and compared tothe approved Palm Springs Classic project's trip generation forecast so thatexpected increases ordecreases in traffic impacts can be discussed including an identification of significant differences in impacts at the key intersections. The internal circulation concept will be evaluated for consistency with City standards as well as approved traffic/engineering practices. An Environmental Assessment section will be prepared based upon the revised study and technical data. Potential impacts identified will be discussed and mitigation measures will be developed to mitigate potentially significant impacts. Air Quality TKC will work with the project air quality consultant (Endo Engineering) to prepare an updated analysis of the project's air quality impacts based upon the revised project description and site plan.TKC will reviewthe Palm Springs Classic Environmental Impact Report and discuss project impacts proportionally in comparison to the original project's impacts. Mitigation measures will be based upon the prior study and the City of Palm Springs General Plan Environmental Impact Report. An Environmental Assessment section documenting project impacts and required mitigation for air quality will be prepared. F52J296/099999-3000/2160684.26/14/96 t2 Revilr 09/01/98 Noise TKC will be responsible for contracting and working with the project noise consultant (Endo Engineering) to prepare an updated analysis of the project's noise impacts based upon the revised project description and site plan. The existing noise environment will be updated to account for any new noise sources, or increases/decreases in average daily traffic volumes, which have occurred since the original plan. TKC will review the Palm Springs Classic Plan to the revised project and provide a discussion of the relative increase/decrease in noise levels on a general basis. An Environmental Assessment section will be prepared which documents project noise impacts relative to the previously evaluated project and mitigation measures will be provided for impacts identified as significant. Visual Aesthetics Utilizing data from existing reports such as the Palm Springs Classic Environmental Impact Report, Cityof Palm Springs General Plan Environmental Impact Report,and project description materials provided by the applicant's consultants (especially bulking characteristics), TKC will analyze the proposed project for impacts related to uses proposed on the site. A qualitative impact analysis will be provided which identifies significant adverse impact and mitigation measures required to address the impacts. Jobs/Housing Utilizing data from the State Department of Finance, including existing reports such as the Palm Springs Classic Environmental Impact Report,City of Palm Springs General Plan Environmental Impact Report, and project description materials provided by the applicant's consultants (especially descriptions of proposed uses and employees required), TKC will analyze the proposed project for impacts related to proposed uses. An impact analysis will be provided which identifies significant adverse impacts and mitigation measures required to address the impacts. Risk of Upset Utilizing data from existing reports such as the Palm Springs Classic Environmental Impact Report, Cityof Palm Springs General Plan Environmental Impact Report,and project description materials provided by the applicant's consultants(especially descriptions of proposed uses and circulation plan), TKC will analyze the proposed project for impacts related to natural disasters, hazardous spills,gas leaks,and fire. An impact analysis will be provided which identifies significant adverse impacts and mitigation measures required to address the impacts. Public Utilities Utilizing data from existing reports such as the Palm Springs Classic Environmental Impact Report, Cityof Palm Springs General Plan Environmental Impact Report,and project description materials (including public utilities analysis), provided by the applicant's consultants, TKC summarize estimates of the consumption of electricity, natural gas, telephone, cable and water and generation of sewage effluent. TKC will prepare a discussion of project impacts related to each of the utilities and provide mitigation measures to reduce, avoid or eliminate impacts identified as significant. In coordination with the project description materials provided bythe project engineer, TKC will contact the Desert Water Agency and obtain their input regarding the requirements for a new water delivery system needed to serve the project. Public Services Utilizing data from existing reports such asthe Palm Springs Classic Environmental Impact Report, Cityof Palm Springs General Plan Environmental Impact Report,and project description materials provided by the applicant's consultants, TKC will estimate the project demands created on schools, libraries, parks, hospitals,fire and police services. Impacts identified as significant will be addressed with mitigation measures developed by TKC. B. Environmental Assessment Mitigation Monitoring Program TKC will prepare, with the cooperation of City staff and the project applicant, a Mitigation Monitoring Program which summarizes state requirements concerning the program,and identifies the mitigation measure, implementation method, and compliance record (i.e., timing) for each FS2/206/099999-3000/2160694.2 6/14/96 t 3 Redod:09/01199 mitigation measure identified sequentially in the Environmental Assessment. Each mitigation measure will be fully identified. Implementation will include identification of persons responsible, permits and/or materials required,and contacts required with pertinent agencies. The compliance record will identify when,throughout the entitlement and construction processes, and during the life of the project,the identified mitigation must be implemented,the monitoring agency(s)and the mechanism for evaluation, and the date of completion. This task includes attendance at one three-hour meeting with City staff. A maximum of 85 hours has been allocated to this task. C. Public Hearing Preparation Staff Report TKC will draft Planning Commission and City Council Staff Reports for the Environmental Assessment and Planned Development District and Tentative Map for the project. The Planning Commission Staff Report(s) will include discussion sections on project background, project description, identification of major issues, additional permits, General Plan consistency, environmental review, and summary. The City Council Staff Report will include the Planning Commission Staff Report,along with identification of Planning Commission recommendations(i.e., approval, disapproval), Planning Commission action and issues raised during the Planning Commission hearing. Resolution of Approval TKC will prepare Resolutions of Approval utilizing standard City formats for the Planning Commission and City Council adopting the Environmental Assessment,the PDD,Tentative Map, and the Mitigation Monitoring Program for the project. The Resolutions will include a brief description of the project, identification of facts consistent with resolution format, a listing of City Council findings, any conditions of approval identified through Department Review through the City's development review process and the resolution. Printing TKC will provide the following products (deliverables): 50 copies of the Environmental Assessment. One original of the Staff Reports with Resolutions. One original of the Mitigation Monitoring Program for the PDD. Draft documents shall be made available to City staff for review and comment prior to preparation of the deliverables. Meetings TKC will attend and take part in four(4)public hearings and four(4)study sessions for the project (5 hours each). Each sub-consultant will attend a maximum of two meetings. E. Project Management It is assumed that TKC will spend 10 hours a week attending to general management, consisting of fielding public and agency correspondence, coordinating sub-consultant efforts, organizing, scoping up to two design team meetings,up to two Planning Commission Meetings,and up to two City Council Meetings. It is assumed that up to 24 hours will be required to review application material for completeness. TKC will also serve as supporting staff to the City of Palm Springs (Lead Agency), by drafting public hearing materials including: public notices, staff reports, mitigation monitoring programs, and resolutions. FSM76/099999-3000/2160684.26114196 t4 Revised 09/01/98 EXHIBIT"B" SPECIAL REQUIREMENTS 1. Section 5.1. applies to the Contractor"The Keith Companies"and does not apply to any subcontractors that"The Keith Companies" may utilize. 2. The Contract Officer agrees to delete the last sentence of Section 5.1. (a) 3. The Contract Officer agrees to reduce to cancellation notice from 30 days to 10,days in Section 5.1 (d) 4. The Contract Officer agrees to waive the,performance bond as per Section 5.3. 5. The Contract Officer agrees to waive Liquidated damages as per Section 7.7. F52/276/099999-3000/2160684 2 6114196 t 5 Rc ed 09/01/98 EXHIBIT"C" SCHEDULE OF COMPENSATION A PAYMENT OF $8000 SHALL BE MADE UPON THE EXECUTION OF THE CONTRACT. All other payments shall be made on a monthly basis. Each month, the Consultant shall submit a detailed invoice noting all tasks completed and the percentage of the project complete. All bills shall be paid within 30 days of receipt. The budgeted funds, as noted in Exhibit C,may be shifted from one task to another provided that the total payments shall not exceed the contract sum and with approval of the Contract Officer. The Contract Officer may also determine if contingency funds should be utilized. Palm Springs Classic BUDGET ENVIRONMENTAL ASSESSMENT Item Hours Rate Amount Project Description 26.0 $115.00 $2,890.00 G.P Land Use/Zoning: 10.0 $115.00 $1,150.00 Groundwater Quality 6.0 $115.00 $690.00 Surface Water Quality 6.0 $115.00 $690.00 Geology&Soil Erosion 10.0 $115.00 $1,150.00 Biology 20.0 $115.00 $2,300.00 Cultural&Historical Resources 6.0 $115.00 $690.00 Traffic&Circulation 10.0 $115.00 $1,150.00 Air Quality 6.0 $115.00 $690.00 Noise 8.0 $115.00 $920.00 Visual Aesthetics(field visits) 8.0 $115.00 $920.00 4.0 60.00 $240.00 Utilities 30.0 $115.00 $3,450.00 Public Services 30.0 $115.00 $3,450.00 Graphics 40.0 $60.00 $2,400.00 Quality Review/Edits 20.0 $122.00 $2,440.00 Subtotal " $25,320.00 MEETINGS Item Hours Rate Amount Four (4) Public Hearings - Principal 20.0 $122.00 $2,440.00 - Principal Planner 8.0 $115.00 $920.00 Four (4) Study Sessions - Principal 20.0 $122.00 $2,440.00 - Project Planner 8.0 $115.00 $920.00 Subconsultant (2 ---- ---- $2,224.00 meetings)* Subtotal $8,944.00 F5212961099999d00012160684 2 6114196 16 Rcvi,ed 09/01/98 PROJECT MANAGEMENT Item Hours Rate Amount Weekly Management`* 200.0 $122.00 $24,400.00 Coordinate Application as 40.0 $122.00 $4,880.00 Complete 40.0 $122.00 $4,880.00 Staff Report(s) Preparation 85.0 $122,00 $10,370.00 Mitigation Monitoring Program 12.0 $122.00 $1,454.00 Resolution Preparation Subtotal $45,994.00 TECHNICAL SUPPORT Item Amount Endo Engineering - Air, Traffic, and Noise $24,750.00 Analysis $2,948.00 JWC Ecological Consultants - Biological Analysis Subtotal $27,698.00 EXPENSES Item Amount Printing: 50 Copies Environmental Assessment $2,500.00 Reimbursable budget $2,000.00 Subtotal $4,500.00 TOTAL $112,456.00 Meeting costs of subconsultants (upon request of the City)will be: -Endo Engineering ($600.00/meeting)x(2 meetings)_$1,200.00 -James Cornett($512.00/meeting)x(2 meetings)_$1024.00 **Budget for general management,consisting of fielding phone calls,coordinating subconsultant efforts,organizing team meetings,and administration duties. It is assumed that general management will require 10 hours/week of staff time for 20 weeks. *** Response to comments on the EA will be taken from the contingency account, based upon contract officer authorization A contingency is to be provided and held in reserve should the work scope required expansion or additional sub-consultants be determined necessary. The contingency to be held in reserve until work scope is authorized by the client. CONTINGENCY Item Amount Contingency $20,000.00 Subtotal $20,000.00 FS7/296/099999-3000/2160684.26/14/96 17 Revised 09/01/98 The Keith Company Schedule of Fees Compensation for work performed on a time and material basis will be computed as follows: CIVIL ENGINEERING SERVICES and MAPPING SERVICES HOURLY RATE President $130.00 Vice President 125.00 Director 122.00 Sr. Project Manager 120.00 Sr. Project Engineer, Mapping Supervisor, Project Manager 105.00 Sr. Project Surveyor 103.00 Sr. Project Designer, Assistant Project Manager, Project Surveyor 98.00 Project Engineer, Project Designer, Sr. Survey Analyst 95.00 Sr. Design Engineer, St. Designer 92.00 Survey Analyst 90.00 Design Engineer, Designer 88.00 Design Technician 82.00 Assistant Engineer, Sr. CADD Technician 80.00 CADD Technician, Processing Manager 75.00 Jr. Engineer, Jr. Survey Analyst, Research/Processing Coordinator 70.00 Jr. CADD Technician 65.00 Project Coordinator 60.00 Engineering/Survey Aide, Office Work 50.00 PLANNING SERVICES Vice President Planning $125.00 Director of Planning 122.00 Principal Planner 115.00 Senior Planner 110.00 Project Planner 95.00 Planner 90.00 Graphic Designer, Assistant Planner 75.00 Planning Technician 60.00 FIELD SURVEY Director of Surveying $122.00 Supervisor 105.00 Field Coordinator 90.00 Survey Technician 75.00 Three Person Crew 185.00 Three person GPS Crew 210.00 Two Person Crew 165.00 Two Person GPS Crew 185.00 One Person Crew 135.00 One Person GPS Crew 155.00 SPECIAL SERVICES Consultation Re: Litigation $300.00 Director of Computer Services $139.00 MISCELLANEOUS FEES The following services are billed at our cost plus 10%: ➢ Subcontracted Services ➢ Map check fees or filing fee advanced by us. ➢ Transportation, meals, lodging, for overnight travel and incidental travel expenses. ➢ Commercial delivery services,including Federal Express,Express Mail,Messenger Services ➢ Excessive long distance telephone calls,telegrams,and other costs directly applicable to the project. ➢ Plotting and blueprint services and printing(the customer is encouraged to arrangefor printing, otherthan prints or plots on our blueprint machine and plotters,to be contracted directly with an outside blueprint company acceptable to us). MILEAGE $0.365/ Mile NOTE:EEO obligations of Exec Order 11246 and 41 CFR Parts 60-1.4, 60-741.5 are incorporated in non-exempt Us Government contracts/subcontracts. F52/276/09999MD00/2160684.26/14/96 18 Rc.a 09/01/98 EXHIBIT "D" SCHEDULE OF PERFORMANCE The processing timeline shall be as attached. The Contract Officer is authorize to adjust the time frame as deemed necessary provided the draft Environmental Analysis is completed by December 13, 2002. F521296/099999-30002160684 2 6114196 t 9 Rev¢ed.09/01/98 Palm Springs Classic Schedule October November December January February March April ID Task Name Duration Start 9/29 10/6 10/13 10/20 10/27 11/3 11/10 11/17 11/24 12/1 12/8 1Z15 12/22 12/29 1/5 1/12 1/19 1/26 2/2 Z9 Z16 2/23 3/2 3/9 3/16 3/23 3/30 4/6 1 [ Contract Initiated 1 day Wed 10/16/02 2 I Technical Studies Initiated - 1 31 days Thu 10/17/02 3 - Air Noise and Traffic 31 days Thu 10/17/02 - 4 'li Biology — - - - -'I 31 days Thu 10/17/02 - 5 Applicant Studies 22 days Thu 10/17/02 = 6 IEnvironmental Assessment 73 days? Thu 10/17/02 _ M7 II Draft Environmental Asses i42 days? Thu 10/17/02 Public Review 21 days? Mon 1Z16/02 `;�f Response To Comments 10 days? Tue 1/14/03 Staff Reports 50 days? Mon 12/16/02 Planning Commission 40 days? Mon 1Z16/02 City Council 20 days? Mon 1/27/03 13 Mitigation Monitoring 50 days? Mon 12/16/02 14 Meetings - - -i 82 days? Tue 11/12/02 15 Development Committee 1 day? Tue 11/12/02 16 ! Development Committee 1 day? Tue 11/26/02 17 j Development Committee 1 day? Tue 12/10/02 18 t Development Committee 1 day? Tue 12/24/02 19 Devlopment Committee 1 day? Mon 1/6/03 _ 20 Iz Devlopment Committee 1 dayv Mon 1/20/03 _ 21 Devlopment Committee IL 1 day? Mon 1/27/03 22 Design Review 1 day? Mon 2/10/03 23 Planning Commission 1 day? Wed 2/12/03 24 City Council 1 day? Wed 3/5/03 �I I Project:Palm Springs Classic Schedu Task Progress Summary ^ External Tasks Date:Fri 10/25/02 Split Milestone . Project Summary f,-,-- --- -- External Milestone Pagel Client#: 5791 KEITHCOMP ACDRD. CERTIFICATE OF LIABILITY INSURANCE 1DATE(MMID 0/29102D[YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711.0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURERA: Hartford Fire Ins. Co. The Keith Companies, Inc. INSURER B: Travelers Indemnity Co. of Illinois DBA Keith International, Inc./PD INSURER C: United States Fire Insurance Co. P.O.Box 25127 INSURER D: Security Ins.Co,of Hartford Santa Ana, CA 92799.5127 INSURERE: - COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION T TYPE OF INSURANCE POLICY NUMBER LIMITS A GENERAL LIABILITY 57CESOA1665 12/31/01 12/31/02 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyone fire) $1000000 _ CLAIMS MADE FxloccuR INDP,CONTRACTORS - MED EXP(A%,one person) $10000 X CONTRACTUAL INCLUDED. PERSONAL&ADV INJURY $1000000 X BFPD,XCU,OCP GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMP/OPAGG s2,000,000 POLICY PRO- OC B AUTOMOBILELIABILITY P810153D782701 12/31/01 12/31/02 COMBINED SINGLE LIMIT $1r000'000 X ANYAUTO (Ea accldo.0 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIREDAUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTYDAMAGE $ (Peraccldenl) GARAGE LIABILITY - AUTO ONLY-EA ACCIDENT $ ANYAUTO EAACC $ OTHER THAN AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND 4086150282 12/31/01 12/31/02 X WCSTATU- OTH- LIMEMPLOYERS'LIABILITY - - -- - - - - - - ---- E.L.EACH ACCIDENT- -$1066900 _ E.L.DISEASE-EA EMPL OYEE $1000000 E.L.DISEASE-POLICY LIMIT $1 000 000 D OTHER Professional PL700885 12113/01 12/13/02 $2,000,000 Per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy claims excludes claims arising out of the performance of professional services. Re:All Operations Performed by the Named Insured.- City of Palm Desert is Additional Insured as respects to General Liability.(AIIX) CERTIFICATE HOLDER ADDITIONAL INSURED'INSURERLETTER: CANCELLATION TPn Day Notice for Nnn-Pavmpnf Of Pre SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Desert DATE THEREOF, THE ISSUING INSURER WILL XXRgBt;'PIRXJP MAIL 30—DAYSWRITTEN Attn: Douglas Evans NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT,BMWR91X=AXX"RAXXxxX 3200 Tahquitz Canyon Way tOPR�GRXOWK7QAiJONNB<W1[ENCRx7G](RNXIVRRX4C@IIX7QR:tl19iR0ERXTWfB(3CC-0[R7Pm( Palm Springs, CA 92262 AUTHORIZED Dqq RO�E'�PRESENjTTAATT(IVV4�E'y,��/„pt��® ACORD 25-S(7/97)1 of 1 #M69523 I N�wYYY '" ' '�-"KMK © ACORD CORPORATION 1988 POLICY NUMBER: 57CESOA1665 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Palm Desert Attn: Douglas Evans 3200 Tahquitz Canyon Way Palm Springs, CA 92262 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. CG 20 10 11 85