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Home My WebLink About00015C - AMECUS EIR 0 CRA 1 a 2 Amecus - to do EIR for Survey AGREEMENT FOR THE PREPARATION OF A� Area #2 - CRA ENVIRONMENTAL EVALUATION AND A AGREEMENT #15 (Orig 2-2-77) DRAFT ENVIRONMENTAL IMPACT REPORT CRA Res #53, 2-2-77 Project: Survey Area Number 2, Palm Springs Central Business District Redevelopment Project Project Description: Expansion of the Existing Survey Area for the Palm Springs Central Business District Redevelopment Project to Include an Area Generally Bounded by Tahquitz-McCallum Way extended on the north, Tahquitz Drive extended on the west, Arenas Road on the south, and Cahuilla Road on the east. Project Sponsor: Community Redevelopment Agency of the City of Palm Springs This agreement is made and entered into on this 2nd day of February, 1977, by and between the CITY OF PALM SPRINGS, a municipal corporation (hereinafter referred to as CITY) , and AMECUS, a sole proprietorship (hereinafter referred to as CONSULTANT) , as follows:: WHEREAS the Community Redevelopment Agency of the City of Palm Springs (hereinafter referred to as AGENCY) has taken under consideration an extension of the Survey Area for the Palm Springs Central Business District Redevelopment Project, and has determined that an Environmental Evaluation and an Environmental Impact Report (hereinafter jointly referred to as EIR) shall be prepared to amend and supplement the existing EIR in accordance with the Guidelines for Implementation of the California Environmental Quality Act of 1970, Regulations in California Administrative Code Title 14, Division 6, as amended (hereinafter referred to as STATE GUIDELINES) ; and WHEREAS said EIR shall serve to inform CITY, other public agencies and the general public of the various environmental aspects considered and the impact of the project on the environment; and WHEREAS CONSULTANT is willing and ready to undertake and complete said EIR according to STATE GUIDELINES and the terms of this Agreement, and CITY has selected CONSULTANT from among available consultants previously approved by the Director of Community Development to prepare EIR Drafts ; and WHEREAS CONSULTANT hereby acknowledges possession of the STATE GUIDELINES, relevant CITY legislation augmenting said Guidelines , and a copy of the CITY's General Plan and Redevelopment Plan documents; and WHEREAS CONSULTANT has attached to this Agreement a report of its qualifications and the qualifications of its agents and employees whom it will employ in the preparation of said EIR, which report is marked Exhibit "A" and incorporated herein by reference, and on the basis of said report CONSULTANT asserts it is qualified to undertake and complete said EIR; NOW THEREFORE in consideration of the premises and of the mutual benefits to be derived hereunder, CITY and CONSULTANT do hereby agree, each with the other, as follows: 1. PERFORMANCE BY CONSULTANT A. CONSULTANT agrees to commence work on the EIR within three(3) working days following the execution of this Agreement by both parties, and to diligently continue working on same to completion. The report shall be in the form of a Draft EIR, as specified in Article 9 of STATE GUIDELINES, as augmented by CITY legislation. B. The Draft EIR shall be submitted to CITY's Community Redevelop- ment Agency no later than April 13, 1977. Time is of the essence in this Agreement. Failure by CONSULTANT to deliver the Draft EIR by the agreed date shall entitle CITY to assess as liquidated damages One Hundred and No/100 Dollars($ 100.00) for each day that delivery is overdue, except that no such liability shall arise if delays are caused by CITY, or an_ extension is agreed to by CITY and CONSULTANT. C. CONSULTANT agrees to provide CITY with three(3) copies of said Draft EIR, including one(1) camera ready copy. Production costs for such copies are set forth in CONSULTANT's itemized estimate of fees and costs attached hereto, marked Exhibit "B" , and is incorporated by reference, and are part of the total compensation -to be paid to CONSULTANT under this Agreement. Reproduction costs for copies of the Draft EIR beyond the three(3) to be provided by CONSULTANT necessary for CITY use and action shall be borne by the CITY. D. CONSULTANT also agrees to meet regularly with the staff of the CITY's Community Redevelopment Agency and the Department of Community Development in order to coordinate CITY's and CONSULTANT's responsibilities under STATE GUIDELINES and this Agreement and to complete the Draft EIR. E. CITY and CONSULTANT agree that the Scope of Work, marked Exhibit "C" , and incorporated by reference, shall define and limit CONSULTANT's responsibilities relative to the preparation of the Environmental Evaluation and the Draft EIR. CRA 1 a 3 2 • ` CRAIa4 II . SCHEDULE OF FEES CONSULTANT's estimate of costs set forth in Exhibit "B", insofar as labor to be expended is concerned, shall be based upon the following hourly rates according to the degree of expertise and duties indicated: Prinicpals $ 40.00 per hour Senior Associates $ 30.00 per hour Associates $ 25.00 per hour Research Associates $ 20.00 per hour Draftsmen and Clerical $ 15.00 per hour Special fees shall also be set forth in Exhibit "B" and itemized. III . BILLING AND PAYMENT A. CONSULTANT's itemized estimate of fees and costs , marked Exhibit "B", sets forth a total sum of Three Thousand Dollars($ 3,000.00) of which CITY shall release to CONSULTANT sums actually due and owing for services rendered by CONSULTANT under this Agreement. CONSULTANT agrees that said estimate includes all costs to be incurred by CONSULTANT in preparation of the Draft EIR and in time spent in coordination, including all salaries , travel , materials, fees paid to other firms for related special services and all investigations necessary to fulfill the requirements of the Agreement and the STATE GUIDELINES, and that said total sum shall be the limit of the CITY's financial obligation for services to be performed under this Agreement. B. Extra work beyond that called for in the Scope of Work, marked Exhibit "C" and incorporated by reference, shall be billed to CITY by CONSULTANT at the prevailing hourly rates plus expenses. Extra work shall be requested by CITY by letter, including but not limited to CONSULTANT attendance at public hearings. C. CITY agrees to releasb to CONSULTANT for the services to be performed hereunder the actual monies due and owing as follows : 1. CITY agrees to release to CONSULTANT and CONSULTANT agrees to accept anC initial payment equal to that set forth in Exhibit "B" within thirty days(30 days) after delivery of the Environmental Evaluation to CITY, 2. CITY agrees to release to CONSULTANT and CONSULTANT agrees to accept a second payment of fifty percent(50 percent) of the amount shown in Exhibit "B" for the preparation of the Draft EIR within thirty days(30 days) after delivery of said Draft EIR to CITY. 3. After CITY has reviewed the Draft EIR for completeness and the Final EIR has been approved by the body having jurisdiction, that is, the 3 • 0 CITY's Planning Commission or City Council , CITY shall , within thirty days (30 days) of such approval , release to CONSULTANT the balance due under this Agreement. IV. OWNERSHIP OF REPORTS AND DATA As between CITY and CONSULTANT, all reports , exhibits , data and other work or materials prepared or used in compliance with this Agreement, shall be and shall remain the property of the CITY. V. TERMINATION OF AGREEMENT A. CONSULTANT agrees that this Agreement may be terminated by CITY at any time and for any reason by serving a written notice of termination to CONSULTANT, and CITY shall thereafter be liable to CONSULTANT only for those fees and costs accruing to the date of receipt by CONSULTANT of the termination and which are substantiated by an it written statement submitted to CITY by CONSULTANT. Such payment shall be paid by CITY within thirty days (30 days) of receipt of CONSULTANT's statement. B. The provision for termination in Paragraph, V.A. abpve shall be in addition to all other remedies available to CITY depending upon the circumstances then existing. VI. CONTENTS OF DRAFT ENVIRONMENTAL IMPACT REPORT A. The form and content of the Draft EIR shall follow, but is not limited to, the State Guidelines for Implementation of the California Environmental Quality Act of 1970, as amended January 1, 1977. B. The Scope of Work, Exhibit "C", shall be included in the contents of the Draft EIR. This Agreement represents the complete understanding between the parties with respect to matters set forth herein. No amendment or modification of this Agreement shall be valid unless evidenced in writing and executed by the parties hereto. CRA 1 a 5 4 A CRA1a6 IN WITNESS WHEREOF the parties hereto have caused the Agreement to be executed on the date first written above. CONSULTANT: AMECUS by: Ri hard L. Anglin, esident COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SIR NGS, California 71 by: �✓_ !! , title: Chairman ATTEST: APPROVED BY THE COMMUNITY REDEVELOPMENT AGENCY 2-2-77, By Res. No. 53 secretary- 5