HomeMy WebLinkAbout04331 - TOM DODSON LUNDIN EIR o� vXLA4SA�y City of Palm Springs
Office of the City Clerk
(760) 323-8205
RECEIVED
c' L, VL��' MEMORANDUM
JUL - 3 2002
Date: ? b F PLANNING DIVISION
From: City Clerk
ON
AGREEMENT# . 4 'J ..e- ( i%� a > ! fl
Please let us know the status of the above agreement, and if it may be closed.
STATUS: �0"^ ►pL2�C� J�
COMPLETED: L
REMAIN OPEN UNTIL:
Date &/�IJn�itials J
CLOSE AGR r " � G
Signature �.,
Tom Dodson & Associates
Lundin EIR
AGREEMENT #4331
M06785, 1-17-01
CONTRACT SERVICES AGREEMENT FOR
PROFESSIONAL PLANNING SERVICES
ENVIRONMENTAL IMPACT REPORT
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and
entered into this / day of cry 2001 by and between the CITY OF PALM
SPRINGS, a municipal corpora ' n, (herein "City") and TOM DODSON &ASSOCIATES
(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 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 is 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 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 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.
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1 .5 Familiarity with Work. By executing this Contract, Contractor
warrants the 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.
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 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 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.
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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 and incorporated herein by this reference. In the
event of a conflict between the provisions and any other provisions of this
Agreement, the provisions 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 "B" and incorporated herein by this
reference, but not exceeding the maximum contract amount of Fifty Nine Thousand
Dollars ($59,000.00) (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 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 expenditure 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 (Vt) working day of such month,
Contractor shall submit to the City in the form approved by the City's Director of
Finance, an invoice for services rendered prior to the date of the invoice. Except as
provided in Section 7.3, City shall pay Contractor for all expenses stated thereon
which are approved by City pursuant to this Agreement no later than the last working
day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of
this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall
perform all services within the time period(s) established in the "Schedule of
Performance" attached hereto as Exhibit "C", if any, and incorporated herein by this
reference. When requested by the Contractor, extensions to the time period(s)
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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 Majeure. 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 cause 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.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of
Contractor are hereby designated as being the principals and representatives of
Contractor authorized to act in its behalf with respect to the work specified herein
and make all decisions in connection therewith:
TOM DODSON
Tom Dodson & Associates
2150 North Arrowhead Avenue
San Bernardino, CA 92405
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to enter
into this Agreement. Therefore, the foregoing principals shall be responsible during
the terms 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 City.
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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 or more than twenty five percent (25%) of the present
ownership and/or control of Contractor, taking all transfers into account on a
cumulative basis. In the event of any such unapproved transfer, including any
bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release the Contractor or any surety of Contractor of any liability hereunder without
the express consent of City.
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
agent 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 Contract shall procure and maintain, at its sole
cost and expense, in a form and content satisfactory to City, during the entire term
of this Agreement including any extension thereof, the following policies of insurance:
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(a) Comprehensive General Liability Insurance. A policy of compre-
hensive 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 $2,000,000.00 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 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 $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.
(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 insured. 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 cancelled without
providing thirty (30) days prior written notice by registered mail to the City. 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
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commence until the Contractor has provided the City with Certificates of Insurance
coverages and said Certificates of Insurance or binders are approved by the City.
The Contractor agrees that the provisions of this Section 5.1 shall not be
construed as limiting in any way to 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) 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 attorney's 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, and 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, agents, and employees,
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any and all costs and expenses incurred by the City, its officers, agents, and
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 City a performance bond in the sum of the
amount of this Agreement, in the form provided by the City Clerk, which secures the
faithful performance of this Agreement, unless such requirements 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 the City 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 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 Risk Manager; provided that the Contractor shall
have the right to appeal a determination of increased coverage by the Risk Manager
to the City Council of City within ten (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 acknow-
ledges 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.
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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 for other projects and/or use of
uncompleted documents without specific written authorization by the Contractor will
be at the City's sole risk and without liability to Contractor, and the City shall
indemnify the Contractor for all damages for its own use. 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.
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
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obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such default
within forty-five (45) days after service of the notice, or such longer period as may
be permitted by the injured party; provided that if the default is an immediate danger
to the health, safety and general welfare, such immediate action may be necessary.
Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the
dispute is not cured, provided that nothing herein shall limit City's or the Contractor's
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 under this Agreement. In the event that any claim
is made by a third party, the amount or validity of which is disputed by Contractor,
or any indebtedness shall exist which shall appear to be the basis for a claim of lien,
City may withhold from any payment due, without 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 party's consent or approval shall not be deemed to waive or render
unnecessary the other party's consent to or approval of any subsequent act. Any
waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to
rights and remedies expressly declared to be exclusive in this Agreement, the rights
and remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same of
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.
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7.7 Liauidated 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
I$ ) 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 "C"). The City may withhold from
any monies payable to account of services performed by the Contractor any accrued
liquidated damages.
7.8 Termination Prior to Expiration of Term. This Section shall govern
any termination of this Agreement except as specifically provided in the following
Section for termination for cause. The City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written notice
to Contractor, except that where termination is due to the fault of the Contractor, the
period of notice may be such shorter time as may be determined by the Contract
Officer. In addition, the Contractor reserves the right to terminate this Agreement at
any time 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 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. 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 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, 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 services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to
mitigate such damages), and City may withhold any payments to the Contractor for
the purpose of setoff or partial payment of the amounts owed the City as previously
stated.
7.10 Attorney's Fees. If either party to this Agreement is required to
initiate or defend or made a party of 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 of any
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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 courts allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and
shall be enforceable whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Emplovees. 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 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.
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.
-12-
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 no material that is 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.
-13-
IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of the date first written above.
ATTEST: CITY OF PALM SPRINGS
�a—mu�nicipaall corporation ---�
(B
City Clerk City Manager
APPROVED AS TO FORM;
RUTAN & TUCKER
. 1���--
Dav J. Aleshire
City Attorney A PRO FE0 ST IIP IR C 11TV OOUTACOL
-_ / PI
Douglas Evans
Director of Planning and Building
CONTRACTOR- Tom Dodson & Associates
By: �i'Y17 o
Name/Title: Tom Dodson, President
Address: Tom Dodson & Associates
2150 N. Arrowhead Avenue
San Bernardino, CA 92405
Tel: (909) 882-3612 / Fax: (909) 882-7015
-14-
0
TDA will perform the following scope of work in preparing an Environmental Impact Report
(EIR) for Tentative Parcel Map 29638 and Case No. 5.0827(Preliminary Planned Development
No. 259), the shopping center redevelopment project by Lundin Development Company.
I. SCOPE OF WORK
Task 1: Compile the Initial Study and Distribute the Notice of Preparation
Working with the City,TDA will finalize the Initial Study recently compiled by the City of
Palm Springs. Based on discussions with the Planning Staff and my review of the Initial Study,
I concur with the conclusion that the EIR should be focused on two topics: cultural resources
and noise. However, in order to complete the Initial Study, I believe that it will be necessary to
provide some more substantiation for some of the issues,particularly air quality. Assuming
that none of the remaining issues reach a level of significance based on the additional data, I
will finalize the Initial Study and submit it for review by the City.
Following final approval of the Initial Study, TDA will prepare a Notice of Preparation(NOP)
for distribution to pertinent agencies and interested parties. This will include meeting with
City Staff to identify the major environmental issues of concern and to compile a distribution
list of those persons, parties and agencies. I anticipate a small mailing list based on the limited
scope of this project. TDA assumes that the City will be responsible for mailing the NOR
TDA will also file the NOP and a Notice of Completion with the County Clerk and with the
State Clearinghouse as appropriate. I anticipate a total of 24 hours effort to complete this task
for a fee of$2,800.
Task 2: Prepare the Project Description
Immediately upon authorization to proceed, TDA will review all of the information developed
to date, focusing on the two applications, and prepare a project description with sufficient
detail that it can be used to identify all physical changes to the environment that can result
from implementing the proposed project. This is a critical step in the process of preparing an
EIR because it establishes the framework for forecasting the potential adverse environmental
impacts that can result from implementing the project The project description will identify all
proposed facilities and activities. A draft of the project description will be provided to the City
for review and comment and it will then be finalized by TDA.
I anticipate that a total of 20 hours will be required to complete the project description. The fee
for this effort is $2,500. The deliverable product from this task will be a completed project
description which will be used to prepare Chapters 2 and 3 in the draft EIR.
Task 3: Compile the Comments Received on the Notice of Preparation
At the end of the 30-day NOP mandatory review period, TDA will review all comments
submitted (including those provided during scoping meetings) and provide a summary of the
issues that the comments request be the subject of focus in the EIR. After conferring with the
City Staff, a final scope will be agreed upon and incorporated into the EIR. I anticipate a total
of 12 hours for this task and estimate a fee of$1,200. The deliverable product from this task
0
will be a short report containing all of the comment letters and a summary of the issues. This
document will be incorporated as the first appendix to the draft EIR.
Task 4: Prepare the Screencheck Draft EIR
During the 30-day NOP period TDA will initiate preparation of the actual Draft EIR for the
proposed project. TDA expects to prepare technical studies for two environmental issues,
cultural(historical) resources and noise. The applicant is preparing a historical resources
evaluation. TDA has arranged to utilize Ms. Anthea M. Hartig of Hartig&Associates to
review the historical resources evaluation,provide comments and utilize this report, plus her
own evaluations to provide assistance in editing the cultural resources section for the Draft
EIR. A copy of Ms. Hartig's work scope is attached for the City's information. Ms. Hartig will
conduct an independent review of the historic resources survey provided by the applicant's
historian. She will then oversee the preparation of the historic resources evaluation in the EIR
and provide assistance in responding to comments.
To address noise issues TDA will use the firm of Brown Buntin Associates (BBA) to prepare a
noise evaluation of onsite commercial operations and the potential effect on adjacent apartment
units. BBA conducted a similar evaluation for a Walmart on the edge of a residential area in El
Monte and has the ability to properly characterize complex noise issues. A copy of BBA's work
scope is attached for information. BBA will conduct a background noise evaluation and based
on future operations at the shopping center,will make an impact forecast, focused on the
adjacent sensitive noise receptors. BBA will prepare a noise technical report; review the text of
the noise impact evaluation in the EIR; and assist with responses to noise comments on the
EIR.
TDA will utilize the data from the project description and the technical studies to forecast
potential environmental impacts from implementing the proposed project. The impact forecast
will highly specific and mitigation measures will be identified, as appropriate,for the two
environmental issues anticipated to be evaluated in the EIR. The CEQA mandated sections
(Alternatives, Growth Inducement, and a Summary of Irreversible Environmental Impacts) will
be provided under this task. The alternatives that will be evaluated in this document will be
defined as part of Task 2 and after approval of the alternatives by the City, the alternatives will
be finalized and incorporated into the project description. At a minimum I anticipate
evaluating the no project alternative and an alternative that could retain some of the structures
of concern to the Palm Springs community. This alternative plan will be carefully coordinated
with the City and applicant before it is finalized for incorporation into the EIR. It is TDA's
intent to prepare a comparative alternative evaluation as outlined in the State CEQA
Guidelines,Section 15126 (d). A mitigation monitoring plan will be developed under this task
and it can be included in the Draft EIR if the City wants it included. The fees for this task
include: $6,500 for the cultural resources support by Hartig&Associates; $7,500 for the noise
evaluation support by BBA; and$16,500 for completing the screencheck Draft EIR,which is the
deliverable for this project. The City will be requested to provide independent review and
comments as part of this task and it is understood that the consultant shall supply a legally
sufficient Draft EIR to the City,
0
Task 5: Print and Distribute the Draft EIR
TDA will meet with the City to collect all comments on the Screencheck Draft EIR(DEIR).
These comments will be responded to and a DEIR for public distribution will be compiled and
printed for distribution. TDA will supply the City with 50 bound copies of the DEIR for
distribution and will arrange to have the requisite 15 copies delivered to the State
Clearinghouse and all parties on distribution. If more copies are required, they will be printed
and delivered to the City based on actual printing costs. I anticipate incorporating the technical
studies in the Draft EIR that will be distributed. TDA has allocated 40 hours to this task,
including clerical staff support. At the end of this task, the DEIR will be distributed for the 45-
day public review and comment period. The fee for this task will be$4,500, including
estimated printing and mailing costs. Printing and mailing costs are estimated to be$3,000.
Task 6• Prepare Responses to Comments and the Final EIR
Following completion of the 45-day review period (note that TDA will meet with the City upon
request to discuss any comment letter that arrives before the end of the review period),TDA
will meet with the City to review proposed responses to all comments received on the DEIR.
Once general agreement on the content of responses is obtained, they will be prepared and a
draft responses to comments document will be delivered to the City for final review and
comment. We anticipate allocating 60 hours of effort to this task, including several meetings
with the City. The responses to comments will be completed within two weeks of the close of
the public comment period,barring the need to develop original data. If major new issues are
raised that were previously not addressed in the DEIR and that the City concludes must be
addressed in the Final EIR, TDA will perform additional analyses based on mutual agreement
on the scope of work and a modified fee.
The end product of this effort will be a legally sufficient Final EIR available for certification.
Fifty copies of the Final EIR will be provided to the City. TDA will assist with the distribution
of these documents. These responses to comments will be prepared in a separate volume,
unless the City requests that a combined Final EIR document be prepared for distribution. The
fee for this task will be$9,000, including printing and mailing costs. These latter expenses will
be invoiced at actual cost to the City and the estimate is$2,000.
Task 7: Prepare Notice of Determination
Following the hearing where the project is considered for approval,TDA will provide and file a
Notice of Determination (NOD) for the City, if the project is approved. NODs will be filed with
the Riverside County Clerk. The fee for this task is$500, and TDA recommends that the City
include a de minimis finding with the decision on the project, assuming that it is approved.
The fee includes the NOD filing fee with the County.
Task 8• Public Meetings/Hearings and Participation
TDA will attend up to four public meetings/hearings (32 hours) for a fee not to exceed$3,500.
Additional meetings/hearings can be negotiated with an hourly billing rate of$110 per hour.
All meetings with Staff and applicant are included in the previous task cost estimates.
Task 9: Prepare Findings of Fact and Statement of Overriding Consideration
This is an optional task that will be performed if there are significant unavoidable impacts
identified in the FOR from implementing the proposed project that cannot be mitigated. This
document would be prepared by Tom Dodson and requires approximately 40 hours of effort
for a fee of$4,500. We will work with the City and applicant to define the substantiating
project benefits for inclusion in the balancing test as required by the CEQA under this
alternative.
II. COST ESTIMATE
A Fee Schedule for TDA is attached to this package. As outlined above, the fee
estimate for this phase of the project can be summarized as follows:
Task Descx7hlan Cost .
Task 1: Compile the Initial Study and Distribute the Notice $2,800
of Preparation
Task 2: Prepare the Project Description $2,500
Task 3: Compile the Comments Received on the Notice of $1,200
Preparation
Task 4: Prepare the Screencheck Draft FIR $30,500
Task 5: Print and Distribute the Draft EIR $4,500, includes
$3,000 print est.
Task 6: Prepare Responses to Comments and the Final EIR $9,000, includes
$2,000 print est.
Task 7: Prepare Notice of Determination (includes filing $500
fee)
Task 8: Public Meetings/Hearings and Participation $3,500
Task 9: Prepare Findings of Fact and Statement of $4,500
Overriding Considerations (Optional)
TOTAL Proposed Cost (including print estimate and optional $59,000
III. SCHEDULE
TDA proposes the following schedule:
• Day 15 following authorization TDA will complete a draft of a revised Initial
Study for review by the City.
• !
• Assuming that the City completes its review within seven days, the NOP will be
distributed by day 30.
• Immediately upon authorization, the noise study will be initiated and the review
of the historical survey will begin. By day 60, TDA proposes to have the
Screencheck Draft EIR completed for City review.
• Assuming that the City completes review of the screencheck DEIR in two weeks,
TDA will complete and print the Draft FIR by day 75.
• Following the mandatory 45-day public review period (about day 120), TDA
anticipates completing the Final FIR (screencheck) within 15 days. This
document will be submitted to the City for review.
• Assuming that the City completes review of the screencheck Final EIR in one
week, the final FIR can be distributed by day 150. The public hearing can be
completed anytime following the 10-day EIR distribution period, or about day
160 into the CEQA process.
As a cautionary note, if other factors beyond TDA's control dictate delays in the
schedule outlined above, TDA will make adjustments in accordance with directions
from and agreement with the City. I have arranged for adequate TDA resources to be
committed over the next five-six months to meet the schedule and TDA is ready to
proceed upon authorization by the City.
' -~~
EXHIBIT "B"
SCHEDULE OF COMPENSATION|y. COST PROPOSAL
/\ Fee Schedule for TDAio attached Lo this package. Ao outlined above, the fee proposal for
this phase of the project C8nboournnoarizedoofollnvvS:
Task 1: Compile the Initial Study and Distribute the Notice of
Preparation $2,800
Task 2: Prepare the Project Description $2,500
Task 5: Print and Distribute the Draft EIR $4,500, includes
$3,000 print est.
Task 6: Prepare Responses to Comments and the Final EIR $9,000, includes
$2,000 print est.
Task 7: Prepare Notice of Determination (includes filing fee) $500
Task 8: Public Meetings/Hearings and Participation $3,500
Task 9: Prepare Findings of Fact and Statement of Overriding
Considerations (Optional) $4,500
TOTAL Proposed Cost (including print estimate and �$59000
Contractor shall be paid in the amount based upon the percentage completion of each task
as verified and approved by the Contract Officer. The budgeted funds, as noted in Exhibit B,
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.
-19-
TOM DODSON & ASSOCIATES
2150 N. ARROWHEAD AVENUE � �-
S) 8 2-3612 9 F ( 09) 88
TEL (909) 882-3612 FAX (909) 882-7015 (
E-MAIL tda@tstonramp.com
FEE SCHEDULE
Labor: Time spent on behalf of a client will be charged as follows:
Environmental Specialist 1 $110.00 / hour
Legal Expert Witness $150.00 / hour
Regulatory Specialist $90.00 / hour
Environmental Specialist 11 $75.00 / hour
Ecologist / Biologist 1 $68.50 / hour
Biologist 11 $45.00 / hour
Biologist III $35.00 / hour
Admin / WP / Graphics $40.00 / hour
Clerk $25.00 / hour
Other Direct Costs: All other direct costs (travel, supplies, printing, subcontracts, etc.) are
charged at actual cost plus a 10 percent management/handling charge. Mileage will be billed
at $0.35 per mile.
(Effective August 1997)
(Revised June 1999)
-20-
•
EXHIBIT "C"
SCHEDULE OF PERFORMANCE
III. SCHEDULE
TDA proposes the following schedule:
1 . Day 15 following authorization TDA will complete a draft of a revised Initial Study for
review by the City.
2. Assuming that the City completes its review within seven days, the NOP will be
distributed by day 30.
3. Immediately upon authorization, the noise study will be initiated and the review of the
historical survey will begin. By day 60, TDA proposes to have the Screencheck Draft
EIR complete for City review.
4. Assuming that the City completes review of the screencheck DEIR in two weeks, TDA
will complete and print the Draft EIR by day 75.
5. Following the mandatory 45-day public review period (about day 120), TDA anticipates
completing the Final EIR (screencheck) within 15 days. This document will be
submitted to the City for review.
6. Assuming that the City completes review of the screencheck Final EIR in one week,
the final EIR can be distributed by day 150. The public hearing can be completed
anytime following the 10-day EIR distribution period, or about day 160 into the CEQA
process.
As a cautionary note, if other factors beyond TDA's control dictate delays in the schedule
outlined above, TDA will make adjustments in accordance with directions from the City.
I have arranged for adequate TDA resources to be committed over the next five-six months
to meet the schedule.
-21-
EXHIBIT "D"
SPECIAL REQUIREMENTS
1 . The Contract Officer agrees to waive the performance bond as per Section 5.3,
Performance Bond.
2. A policy of professional liability insurance in an amount of $1,000,000.00 shall be
provided.
-22-
Proposal far Professional Consulting Services
Cultural Resources Element of Focused DEIR
For
I unudin.Snoppino Center
City of Palm, Springs
Submitted to:
Torn,Dodson
Tom Dodson &;Associiates
21,50 N.:Arrowhead Avenue
San Bernardino, CA 92405 a -
nq.J.VU 380 c,JV e 1L b 2 ,
. - �u
Submitted by:
Anthea M. Hartig, M.A.
Hartig & Associates,
4321 _Glenwood Drive
Riverside, CA 92501
909.683.1573
26 October 2000 ,
Proposal for Professional Consulting Services
Focused DEIR for Lundin Shopping Center, City of Palm Springs,
L Understanding of the Project
Lundin Development Company proposes the construction-of a new shopping
center on the northwest corner of Ramon Road and Sunrise Way,in the City of
Palm Springs. On a portion of this almost ten-acre (gross) site stands an existing
shopping center designed,by the most famous modernist architect of the desert,-
'Albert Frey. As part of the Initial Study process,,the City of Palm Springs
identified the potential adverse impact the new construction would cause to the
Frey center, along with potential noise impacts to surrounding,multi-family
residential `neighborhoods,_and thus required the preoa,ration of a focused
Environmental Impact Report (EIR)..The City has,in turn requested of Tom
Dodson & Associates a proposal to prepare this EIR and'Tom Dodson;has ,
subsequently requested this proposal from Hartig & Associates 'for assistance in
the preparation of the cultural resources section of the document..
This proposal, responding to Mr. Dodson's'memo of 23 October 2000; covers the "
six specific needs.outlined in that memo. These needs and related actions Hartig
&Associates would take Tare detailed, here:
1. An Initial site visit to and'independent`research of the,Frey,center;
2. Written and verbal communication with Mr. Roger Hatheway,
appli'cant's historical;consultant; to clarify`the contents of'the
Cultural Resources Survey and,Report-he.will be preparing;'
3. Attendance,at, up to seven meetings at the City of Palm Springs
.4. Review oFthree (3) drafts offiatheway's Cultural; Resources
Survey,and Report, providing'with detailed comments,on each;
5. Collaborativelywriting the cultural resources section of the DERwith Tom Dodson,°and ensuring that all appropriate coordination
with responsible agencies and
'6. Assisting,Tom Dodson in the crafting of responses to public
comments to the DEIR.
ZL Project Team'
The 'project team to conduct the work consists primarily of Anthea M. Hartig and
Robert R. McCoy of Hartig & Associates. The team has extensive experience in all
facetsof historic preservation including the evaluation of historic resources in
accordance with the Section 106 and CEQA review processes,Iand the historic
resources survey process. Hartig & Associates currently works with numerous
private clients and is under contract to the Riverside County Regional Park and
Open-Space District to provide historic resources consulting services'as required.
Hartig &Associates Proposal Page 2 of 5
The project team will work under the direction of Tom Dodson of Tom Dodson
and Associates. Anthea Hartig will ad as the project lead and contact with Mr.
Dodson. The project team is available'to begin the survey upon acceptance of
this proposal. The project will.be completed in a timely and responsive manner,
and will commence upon written or fax acceptance of this proposal by Tom
Dodson.
IIZ_ Statement of
Anthea M. Hartig, M.A.; President, Hartiq & Associates
Anthea M. Hartig meets and exceeds .the Secretary of the•Interior's Standards as
an architectural historian,and historian, based on her forthcoming.doctorate in
historu from the University,of California; Riverside, her,n??ster's d'egYee !a":stork-- • . .
preservation, and her experlence of ten years in the allied orofessions'of historic
preservation and urban. planning. From 1990 ,to�1998; Anthea served as the
historic preseivation:planner for the'cities of Rancho Cucamonga.and-Riverside
and since`1998 has worked as a.consultant in 18rchitecturalhistory and historic
.preservation. In that capacity, she has been engage : y priva e individuals,
firms, non-profitr organizations, and municipalities located throughout California.
Robert R. -McCoy, M.A., Senior Associate, Hartig &Associates
Robert R.' McCoy, MA., meets the Secretary. of the Interior's'Standards as an
architectural historian and historian based'on his master's degree in historic
.preservation, and three years experience a's an independent consultant:He has a
solid 'reputation for his thorough and accurate research of historic properties, and
timely response to project deadlines.
[Note: Hartig &Associafes carries full commercial general liability insurance (liability limit of
$1,000,0010-and general aggregate of.$2,000,000)]. '
IV. Approach to the Project/Methodology
1. Meet avid 1 prujed writact(s). ,
2. Gather,and review existing materials on the history of the subject property.,
3. Conduct.a field survey of the,property.
4. Conduct additional research for primary and secondary sources relating,to the
history of the,properties and Albert Frey in particular. Sources will include, but .
not be limited to: monographs, newspaper and journal articles, historic,maps.and
photographs, private collections, oral histories, and City and County records.
5. Evaluate significance of potential_historic resources according to the National
Register of Historic Places Criteria and',state and local criteria for the evaluation
of historic resources.
Hartig &Associates Proposal , Page 3 of 5
6. Review Cultural Resources Survey and Report prepared by Roger Hatheway,
7. Write the cultural resources section of the DEIR with Tom Dodson, and
ensure that all appropriate coordination with responsible agencies occurs.
8. Assist Tom Dodson in the crafting of responses to public comments to the
DEIR.
9. Attend public meetings as necessary.
Hartig &Associates Proposal Page 4 of 5
YL References
Dr. Knox Mellon "
Mellon and Associates "
4631 Ladera Lane
Riverside, CA 92501
909.781.7339 " -
James C.-Wilson, Principal
Thirtieth Street Architects
2821•Newport Blvd. "Newport Beach, CA
92663 949.673.2643
Janet Tearnan, Cultural Resources Specialist
City of Riverside, Planning Department
3900 Main Street
Riverside, CA 92522
9.826.5463
Kim Jarrell'Johnson and/or.Marc Brewer
Riverside'County Park and Open-Space District
4600"C'restmore Raod'
Riverside, CA 92509
909.955.4316,
Hartig &Associates Proposal Page,5 of 5
BBA
Pro
BROWN • BUNTIN
ASSOCIATES. INC
October 24, 2000
Mr. Tom Dodson
TOM DODSON & ASSOCIATES
2150 N. Arrowhead Avenue
San Bernardino, California 92405
RE: EIR FOR REDEVELOPMENT OF SHOPPING CENTER IN PALM SPRINGS
Dear Tom:
Based upon our discussions and the information you have provided,Brown-Buntin Associates,Inc.
(BBA)is pleased to submit the following proposal to prepare an environmental noise assessment for
the proposed project. Following is a description of our proposed scope of services,fee and schedule
for completion. The proposed work scope is intended to provide an in-depth analysis of noise
impacts from the project.
Scope of Services
1. Determine existing noise environment near the project site by conducting long-term (24
hours)noise level measurements. Two to three measurement sites at nearby noise-sensitive
receivers are proposed.
2. Determine noise impacts at nearby noise-sensitive locations from shopping center
mechanical equipment (trash compactor, HVAC equipment, etc.), loading dock activities,
and truck movements. Noise impacts will be analyzed using the Environmental Noise
Model (ENM). The ENM is capable of analyzing complex situations by accounting for
multiple noise sources,shielding caused by buildings&topography,air&ground absorption
of noise, and atmospheric considerations.
3. Determine noise impacts from traffic generated by the project.
2463
. , .'. ,- i_ ,.`� �5 • `r UT?t"=I i�0' _ , fc C'., i �. _ . , C�TEnrC r.319WSdool Ave • Visolia,CA93291 • (559)627.4923 • 559)627-6264Fax
7996Ca1iforn10 Ave..Su1ieA • Fair Oaks,CA 95628 • (916)961-5822 - (916)961-6418Fax
Mr. Tom Dodson
TOM DODSON & ASSOCIATES
October 24, 2000
Page 2
4. If significant noise impacts are identified, analyze mitigation measures needed to reduce
noise impacts to less than significant levels. Mitigation measures could include site layout
and/or soundwalls. The City of Palm Springs noise standards and other appropriate criteria
will be used to assess noise impacts.
5. Prepare a technical report describing the methods, data, findings and reconnnendations of
the study.
6. Respond to comments on the DEIR and revise the noise study as required.
7. (Optional) Attend meetings/hearings related to the project, and answer questions related to
noise impacts.
Information Requests:
To perform a high-quality noise assessment of a shopping center it is necessary to receive detailed
information about the project. The following data/plans are requested.
I. Truck delivery data, including daily schedules and number of trucks by type (e.g.,
refrigerated, tractor-trailer, vans, etc.).
2. The on-site truck access location and routes.
3. Loading dock locations, specifications and hours of operation.
4. Plans & profiles of stores, including roof-top plans showing air conditioner locations.
5. Schedule of air conditioner equipment proposed,including make,model,capacity and sound
power data.
6. Locations, descriptions and sound power data for trash compactors and emergency
generators.
2463
iv1r. Tom Dodson
TOM DODSON & ASSOCIATES
October 24, 2000
Page 3
7. Traffic report that describes existing (with & witliout project) and future (with & without
project)traffic volumes (ADT & Pk. Hr.) on nearby streets. The traffic information should
also include truck percentages (with&without project), speeds and an hourly breakdown of
traffic volumes through a 24-hour period.
If the requested data is not available, it must be assumed by the noise consultant which will tend to
compromise the accuracy of noise forecasts.
Mr. Tom Dodson
TOM DODSON & ASSOCIATES
October 24, 2000
Page 4
Schedule For Completion:
Work will be scheduled for completion in approximately four weeks after receiving authorization
and all maps, plans, traffic report, etc.
We are looking forward to working with you on this project. Please do not hesitate to call me in
Visalia at(559) 627-4923 if you have any questions or would like additional information.
Sincerely,
BROWN-BUNTIN ASSOCIATES, INC.
Bill C. Thiessen
Senior Consultant
BCT:dm
Enclosure: Fee Schedule
2463
DAT�J �
CERTIFICATE RT LIABILl- , NSURAN
yAC0 P� F CAT 11/10/00
PRODUCER THIS CERTIFICATE IS ISSUED-AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
CLAUS INSURANCE AGENCY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
6
1762 N WATERMAN AVE 7 COMPANIES AFFORDING COVERAGE
SAN BERNARDINO CA 92404 COMPANY
(909) 883-4211 (909) 883-3382 A FARMERS INSURANCE EXCHANGE
INSURED COMPANY "0 1-A ' "
?
TOM DODSON & ASSOCIATES B
COMPANY
2150 N ARROWHEAD AVE C
(D
SAN BDNO,CA 92405 COMPANY R, ;j
D
COVERAGES- -,.
THIS I IS I TO I C.ERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TT
E POLICY
ICYPBF166'
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 DESCRIBE[) HEREIN IS SUBJECT TO ALL THE TERMS,
—EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS.
Go POLICYEFFECTWE FOLICYISXPIRATION LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER DATE(Mr.VDDNY) DATE(MMIDDffl)
GENERAL LIABILITY GENERAL AGGREGATE s2, 000, 000
X COMMERCIAL GENERAL V LIABILITY PRODUCTS-DOMPIOP AGO $
CLAIMS MADE X OCCUR PERSONAL&AOV INJURY $1, 000, 000
A X OWNER'S&CONTRACTOR'S PROT 1487-84-24 09/12/00 09/12/01 EACH OCCURRENCE $1, 000, 000
FIRE DAMAGE(Anyone fie) $ 100, 000
I MED EXP(Any one person) $ 5, 000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO 1, 000, 000
X ALL OWNED AUTOS BODILY INJURY $
XX (Perpomon)
SCHEDULEDAUTCS
A X HIRED ALTOS 1487-84-24 09/12/00 09/12/01 BODILY INJURY(Per accitleht) S
I E X X
NON-OWNEDAUTOS
PROPERTY DAMAGE S
L I
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT S
I AGGREGATE S
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM S
WORKERS COMPENSATION AND X I TOGRYSTATLIM'U. 1TR
f 0
EMPLOYERS'LIABILITY EL EACH ACCIDENT $1, 000, 000
A THE PROPRIETOR/ INCL B0107 91 51 10/16/99 10/16/01 EL DISEASE-POLICY LIMIT $1, 000, 000
PARTNERSVEXECURVE
OFFICEREARE RX EXCL EL DISEASE-EA EMPLOYEE I i110001000
OTHER
DESCRIPTION OF OPEMTICNSILCCATIONSNEHICLESISPECIAL ITEMS
PROJECT NAME= DESERT WALK EA A4207
CERTIFICATE HOLDER- CANCELLATION,'-"
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY CLERK, CITY OF PALM SPRINGS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
P.O. BOX 2743 '�0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
PALM SPRINGS, CA 92263-2743 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZj,M REPRESENTATIVE
A '
POLICY NUMBER: 01487-84-24 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 underthe following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
(If no entry appears above, information required to complete this endorsement will be shown in the Declara-
tions 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 ongoing operations performed for that in-
sured.
CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 ❑
Certificate of Insurance
Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF
Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON
Insurance Brokers, Inc. THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES
2244 West Coast Highway, Suite 200 _ NOTAMEND,EXTEND OR ALTER THE COVERAGE
Newport Beach, CA 92663 pi+L b , AFFORDED THE POLICIES LISTED BELOW.
Insureds Name and Address: ti Companies Affording Policies:
A LLoyd's and Lon Pon Companies
Tom Dodson & Associates U Nell 5 ?I)DL v B.
2150 North Arrowhead Avenue
Ri=CCiVFD C.
San Bernardino, California 92405 � � D.
C 'TyCLGE E.
F.
COVERAGES THIS IS TO CERTIFY THAT 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.
TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE POLICY LIMITS
GENERAL LIBILITY General Aggregate:
❑Commercial General Liability Products-Con/Ops
❑ Claims Made Aggregate:
❑ Occurrence Personal and Adv. Injury:
❑ Owner's and Contractors Each Occurrence:
Protective Fire Dmg.(any one fire):
AUTO LIABILITY Combined Single Limit:
❑ Any Automobile Bodily Injury/person:
❑ All Owned Autos - Bodily Injury/accident:
❑ Scheduled Autos Property Damage:
❑ Hired Autos
❑ Non-owned Autos
❑ Garage Liability
EXCESS LIABILITY Each Occurrence:
❑ Umbrella Form Aggregate:
❑ Other than Umbrella Form
WORKERS' Statutory Limits
COMPENSATION Each Accident:
AND EMPLOYER'S Disease/Policy Limit:
LIABILITY
Disease/Employee:
PROFESSIONAL Per Claim 32,000,OW
A LIABILITY' AEP12_ 03/18/00 03/18/Ol Aggregate $2,000,000
Description of Operation s/LocationsNehicl es/Restrictions/Special items:
EVIDENCE OF PROFESSIONAL LIABILITY COVERAGE RENEWED.ALL OPERATIONS INCLUDING THE PALM HILLS SP EIR PROJECT.
"Written at aaaregate limits of liability not less than amount shown.
Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
City of Palm SPrings DATE THEREOF,THE ISSUING CO NY,ITS AGENTS OR REPRESENTATIVES WILL MAIL 30
Attn: City Clerk DA WRITTEN NOTICE TO THE ERTIFICATE HOLDER NAMED TO THE LEFT,EXCEPT IN
P.O. Box 2743 T E EVENT OF CANCELLATION OR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS
Palm Springs, California 92263 N TICE WILC BE GIVEN.
A Ih zed r.mntative: 03/24/00
cc
I of 1 #S6550/M6547
0 0
Certificate of Insurance
1 of 1 NM48245
Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF
Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON
Insurance Brokers, Inc. THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES
2244 West Coast Highway, Suite 200 NOT AMEND,EXTEND OR ALTER THE COVERAGE
Newport Beach, CA 92663 AFFORDED THE POLICIES LISTED BELOW.
Insureds Name and Address: Companies Affording Policies:
Tom Dodson&Associates
A Gulf Underwriters Ins Co.
2150 North Arrowhead Avenue C.
San Bernardino, CA 92405 D.
E. -
F.
COVERAGES THIS IS TO CERTIFY THAT 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 MAYBE ISSUED OR
MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH POLICIES
TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE POLICY LIMITS
GENERAL LIABILITY General Aggregate:
❑Commercial General Liability Products-Com/Ops
❑ Claims Made Aggregate:
❑ Occurrence Personal and Adv.Injury:
❑ Owner's and Contractors Each Occurrence:
Protective Fire Dai(any one fire):
11
AUTO LIABILITY Combined Single Limit:
❑ Any Automobile Bodily Injury/person:
❑ All Owned Autos Bodily Injury/accident:
❑ Scheduled Autos Property Damage:
❑ Hired Autos
❑ Non-owned Autos
❑ Garage Liability
11
EXCESS LIABILITY Each Occurrence:
❑ Umbrella Form Aggregate:
❑ Other than Umbrella Form
WORKERS' Statutory Limits
COMPENSATION Each Accident:
AND EMPLOYER'S Disease/Policy Limit:
- LIABILITY_ - -- - - —_ - - - - -
Disease/Employee:
A PROFESSIONAL GU2837275 03/18/02 03/18/05 Per Claim $2,000,000
LIABILITY` Aggregate $2,000,000
$0
Description of Operations/Locations/Vehicles/Restrictions/Special items:
RE:THE EIR ON THE LUNDIN SHOPPING CENTER(A4331).
Written at aagregate limits of liability not less than amount shown.
Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED.
City Of Palm Springs CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
Office Of the City Clerk DATE THEREOF,THE ISSUING COMPANY,ITS AGENTS OR REPRESENTATIVES WILL MAIL 30
3200 TaliquitZ Canyon Way DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,EXCEPT IN
Palle Springs, CA 92262 THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS
NOTICE WILL BE GIVEN
Autho e r anv r 1,y 03/28/02
cc.
02-22-02 10:41 From-Tom Dodsonoclatas 909 882 7015 T-755 P 003/003 F-009
i ACDRQ 02,1-15/02
: . -
PnDDucEA THIS CERTIFICATE IS ISSUED AS A MAYfER OF wroRmArmoN ��yy��
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEu2
HOLDER. THIS CERTIFICATE DOPS NOT AMEND. EXTEND OR
CLAIIS INSITRANCE AGENCY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
17 62 N WATERMAN AVE COMPANIES AFFORDING COVERAGE 1
SAN HERNARDINO CA 92404 OOMPANr q
p (909� 883-4211 (9091883-3382 A TRIICK INSURANCE EXCHANGE
INsuRED
COMPANY
TOM DODSON & ASSOCIATES e FARMERS INSURANCE EXCHANGE
COMFANY
2150 N ARROWHEAD AVE D MIn-CENTURY INSURANCE COMPANY--'
SAN BDNO,CA 92405 COMPANY
MMENNUMPA
: ?
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOIWITHSTANOING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI 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.
CO TTPE OFINSUTLWCE PDUGY HUNGER Pf1UCY EFFEcnvE MUcYckNIUk I LwcTs
LTA DATE jBM`VDrM DATC IHWDOA1]
GENERALLBUBILITY GENFAALAGGRMATE s2 000 000
X COMME0.CLV.GENERW.LWOlLITV pR,]OUC;Ts'-ODMP/OGAGC 5
cwMS umE �X pSl,F aERSAV,L 6AOV INAIRT 11, 000, 000
B X owNeR'samNmacosaaoT 1487-84-24 09/12/01 09/12/02 1AcHOcamArrcE 51 000, 000
FIRE DANAGE LAm onanml 100, 000
M�E%P(Airy am wmn) s 5 000
AUTOMOEILE LIP9LITY
1 ANY AUTO WMBINEOBINO1.ELIMIT 511 GOD, On
X xi O.VNm AInOe 9MILY INJURY 5
X E EUWLEU AU Uo PR ro
B X HIREDAuros 1467-84-24 09/12/01 09/12/02 BODILY INJURY =
1 X NON-0WN6D ALITQS (���• 4NIp
PROPERttpAMAGE S
GARAGE LEISlLrTY AUTO ONLY•U A=DE#i $
ANY AUTO OTHERTWINANTOO M
EACH ACGDENf i
t AGGREGATE 5
f EALt53 LIADIL EACH OCQ1AR,-iCE 5
�MBRF1{n FCau gCCRECWTE S
OTHER Tr UMI Iw 111 5
WORIffItt OOYPF]lSATTON AND w S A
EMPLOVERB'UABkITY X TORY LIMITS ER
a zxcN.ccloPi.T sl, DUO, LIDO
g THEFROPRfErow In,cL 130107 91 51 10/16/01 10/16/02 Piols sE:�ucruulr sl, 000, 000
PAPTN=P:,Ir1FCllit
CfFICC-RS ARE• I X I S;0. EL 011-EA cMPLOYEE Y1, DDO, ODD
OTI
E
DEACPIPTION OF OAEPATIDN5ILOCATION¢NpiICLE6IEPECLLL rrrm
PROJECT NAME: INITIAL STUDY FOR A PROPOSED DOWNTOWN PARKING STRUCTURE
PROJECT NUMBER: PS-061
SHOULD ANY OF TNC AOOVR affscw T-0 MLIcnE BE CANCF1fID BFFOBE TXE
CITY OF PALM SPRINGS EXPIRATION DATE THEREOF. THE ISSUINU COI,IPANY WILL EHDEAIIOR TO BAIL
CITY CLERK'S OFFICE _DAYS MNTTiN NOTIOE TO r ceRrfRTCATE HOLaiR NMIED TO THE LEFT.
3200 TAHQUITZ CANYON WAY AUT FAILURE TO F1NL SUCH NOnca aHALL IAIPOEE NO OBDOARON OR LIABIUTY
PALM SPRINGS, CA 92262 OF ANT KIND UPON THG COMPANY, ITS AUENTO OR REPRESENTATWa.
AUTHMla9 ATA;E�
� l
Mwigaw lit