HomeMy WebLinkAbout03998 - TOM DODSON EIR PALM HILLS MO 6181 PALM MLLS SPECIFIC PLAN
CHANGE ORDER NO.2
TDA will perform the following scope of work to finalize the Pahn hills Specific Plan
Environmental Impact Report (EIR). Based on our most recent discussions, the project
applicant and his representatives have revised the project in accordance with input from
the City of Pahn Springs and is seeking expeditious revision and completion of the Draft
EIR for public review and comment. The scope of work to accomplish these revisions in
a timely manner and a cost estimate to complete the Draft EIR is presented below.
SCOPE OF WORK AND COST ESTIMATE
Based on our discussions, TDA envisions conducting the following additional technical
investigations and work effort.
A. Visual Simulations and Evaluation
This task will be carried out by Focus 360. Brent Chase has provided a cost estimate to complete
six new visual simulations;modify the model;and provide visual simulation presentations to the
City Planning Commission and City Council. The fee for this effort is$12,000.
B. Traffic and Noise Updates
John Kain will revise the traffic study and noise impact forecasts. The fee for this effort will be
$7,000.
C. All Other Issues
TDA will revise all other sections of the Draft EIR this will include incorporating all comments
from the City and,where appropriate,the comments of the applicant and his representatives. It
will also involve major revisions to several key sections of the Draft EM,including land use and
biological resources. In addition, the revisions to the Draft ETR will integrate two alternatives
throughout the whole document,the original project and the proposed revision. Although I agree
with this approach,this is a substantial writing effort to create an adequate document. I anticipate
that TDA will expend approximately 300 hours of effort. Therefore, I am requesting a $35,000
budget for this task.
D. Printin¢
I am concerned that printing this document, with a substantial number of 11' x 17' visual
simulations,will cost substantially more than originallybudgeted. Therefore,Ibelieve flneprinty g
budgetshould be increased by$10,000. This assumes a cost of$100 per document(based on recent
experience this is a realistic value) and printing 150 documents.
Schedule
This is the most difficult aspect of the project to estimate. As you are aware,we have had
some problems assembling all of the project data to complete the evaluations in the Draft
EIR compiled to date. I suggest the following approach. From the date that the City,
applicant and TDA agree that all applicant submittals and information are in our hands,
TDA will complete the Draft EIR within 45 days. However, I will make every effort to
complete the Draft EIR within 30 days of date of receipt all information from the applicant.
Thus,assuming all data is in our hands by Februdiy 15,2001,TDA will complete the Draft
Screenclteck EIR by April 2,but will strive to meet a March 17,2001 date.
Conclusion
The cost estimates outlined above,total$64,000,will allow TDA to complete the Draft EIR
for the Palm Hills Specific Plan on a fast track schedule. TDA will mobilize all of its
resources to meet the schedule outlined above and to provide a fully substantiated
environmental impact forecast. The above estimate focuses only on proposed revisions to
the Draft EIR;this does not alter the budget for the remaining tasks in the existss g contract.
We will proceed with revisions immediately upon authorization by the City.
TO DODSON
Tom Dodson and Associates
APPROVED AS TO FORM
DOUGLAt R. EVANS
City Atto"W Director of Planning and Building
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Attest: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
2
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DECEIVED: 5- 2- 0; 13;52;
_' TOM ❑ODSON fi ASSOC.; #2
MAY. 2. 2000 2:03PMEK AND ASSOC
NO, 6444 P, 2
CHANGE OPNDEI NO. I
PALM HILLS SPECIFIC PLAN DRAFT ENVIRONMENTAL IMPACT REPORT
APRlf 28,2000
Tam]godson and Associates hereby requests approval of a change to the terms and conditions of
the Contract Services Agreement for Professional Planning Services adoptod by the City Council on
July 1, 1999 for the purpose of requesting an additional S 7,500.00 for services rendered in the axea
of Biology to evaluate and complete a comprehensive review of all Biological Rosource data
(additional developer prepared reports and Bighorn Sheep Recovery .Plan) and compile a
comprehensive biological resource sectionoftho DraftEnvironmental ltnpaaReport and Technical
.Report for the Palm Hills Specific Plan area, Sections 31 and 32.
7Z�Z
TOM DODSON,
Tom Dodson and Associates
Doi l6- i.FVAhIs,
Director of Pl& ning and Building
Attest;"
r-DCITY OF PALM SPRINGS, CALIFORNIA
Hy tY
City Clerk
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City Ma g
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Tom Dodson & Associates
I , EIR for Palm Hills Specific
Plan
AGREEMENT #3998
M06181, 7-1-98
G`uC- --
CONTRACT SERVICES AGREEMENT FO
PROFESSIONAL
PLANNING
YI IS AIVNIEtI'G L)EPL%R MF-t T
ENVIRONMENTAL IMPACT REPORT
THIS CONTRACT SERVIC"ES AGREEMENT (herein "Agreement") , is
made and entered into this 1st day of July , 1998 by and
between the CITY OF PALM SPRINGS, a municipal corporation, (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 it shall follow the highest
professional standards in performing the work and services
required hereunder and that all materials will be of good
quality, fit for the purpose intended.
1. 2 Contractor' s Proposal . The Scope of Services
shall include the Contractor' s proposal or bid which shall be
incorporated herein by this reference as though fully set forth
herein. In the event of any inconsistency between the terms of
such proposal and this Agreement, the terms of this Agreement
shall govern.
1. 3 Compliance with Law. All services rendered
hereunder shall be provided in accordance with all ordinances,
resolutions, statutes, rules, and regulations of the 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.
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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.
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
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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 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 "C" and incorporated herein by this reference, but not
exceeding the maximum contract amount of One Hundred Fifty Nine
Thousand and Seven Hundred and Twenty-Five Dollars ($159, 725 . 00)
(herein "Contract Sum") , except as provided in Section 1 . 8 . The
method of compensation may include : (i) a lump sum payment upon
completion, (ii) payment in accordance with the percentage of
completion of the services, (iii) payment for time and materials
based upon the Contractor' s rates as specified in the Schedule of
Compensation, but not exceeding the Contract Sum or (iv) such
other methods as may be specified in the Schedule of Compensation.
Compensation may 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 (1st) 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" attached hereto
as Exhibit "C" , if any, and incorporated herein by this reference .
When requested by the Contractor, extensions to the time
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period (s) specified in the Schedule of Performance may be approved
in writing by the Contract Officer but not exceeding one hundred
eighty (180) days cumulatively.
3 . 3 Force 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 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 .
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 N. Arrowhead Ave.
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 term of this Agreement for directing all activities of
Contractor and devoting sufficient time to personally supervise
the services hereunder. For purposes of this Agreement, the
foregoing principals may not be replaced nor may their
responsibilities be substantially reduced by Contractor without
the express written approval of 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 of more than twenty five percent (250)
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 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.
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5 . 0 INSURANCE, INDEMNIFICATION AND BONDS
5 . 1 Insurance. The Contractor shall procure and
maintain, at its sole cost and expense, in a form and content
satisfactory to 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 . 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 insureds. The insurer shall waive all rights
of subrogation and contribution it may have against the City, its
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i r
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 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.
The Contractor agrees that the provisions of this Section 5 . 1
shall not be construed as limiting in any way the extent to which
the Contractor may be held responsible for the payment of damages
to any persons or property resulting from the Contractor' s
activities or the activities of any person or persons for which
the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the
work in compliance with Section 4 . 3 of this Agreement, the
contract between the Contractor and such subcontractor shall
require the subcontractor to maintain the same policies of
insurance that the Contractor is required to maintain pursuant to
this Section 5 . 1 .
5 .2 Indemnification. Contractor agrees to indemnify
the 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 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,
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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, 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 Bon 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 requirement is waived by the
Contract Officer. The bond shall contain the original notarized
signature of an authorized officer of the surety and affixed
thereto shall be a certified and current copy of his power of
attorney. The bond shall be unconditional and remain in force
during the entire term of the Agreement and shall be null and void
only if the Contractor promptly and faithfully performs all terms
and conditions of this Agreement .
5 .4 Sufficiency of Insurer or Surety. Insurance or
bonds required by this Agreement shall be satisfactory only if
issued by companies qualified to do business in California, rated
"A" or better in the most recent edition of Best Rating Guide, The
Key Rating Guide or in the Federal Register, and only if they are
of a financial category Class VII or better, unless such
requirements are waived by the Risk Manager of 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 10
days of receipt of notice from the Risk Manager.
6 . 0 RECORDS AND REPORTS
6 . 1 Reports . Contractor shall periodically prepare
and submit to the Contract Officer such reports concerning the
performance of the services required by this Agreement as the
Contract Officer shall require. Contractor hereby acknowledges
that the 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
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0
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
liability to 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.
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7 . 0 ENFORCEMENT OF AGREEMENT
7 . 1 California I,aw. This Agreement shall be construed
and interpreted both as to validity and to performance of the
parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out
of or in relation to this Agreement shall be instituted in the
Superior Court of the County of Riverside, State of California, or
any other appropriate court in such county, and Contractor
covenants and agrees to submit to the personal jurisdiction of
such court in the event of such action.
7 . 2 Disputes. In the event of any dispute arising
under this Agreement, the injured party shall notify the injuring
party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to
cure such default within ten (10) days of service of such notice
and completes the cure of such default within forty-five (45) days
after service of the notice, or such longer period as may be
permitted by the injured party; provided that if the default is an
immediate danger to the health, safety and general welfare, such
immediate action may be necessary. Compliance with the provisions
of this Section shall be a condition precedent to termination of
this Agreement for cause and to any legal action, and such
compliance shall not be a waiver of any party' s right to take
legal action in the event that the dispute is not cured, provided
that nothing herein shall limit 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 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
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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 may take legal action, in law or in equity,
to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to
obtain declaratory or injunctive relief, or to obtain any other
remedy consistent with the purposes of this Agreement .
7 . 7 Liquidated Damages. Since the determination of
actual damages for any delay in performance of this Agreement
would be extremely difficult or impractical to determine in the
event of a breach of this Agreement, the Contractor and its
sureties shall be liable for and shall pay to the 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 may withhold from any monies
payable on account of services performed by the Contractor any
accrued liquidated damages .
7 . 8 Termination Prior to Expiration Of Term. This
Section shall govern any termination of this Agreement except as
specifically provided in the following Section for termination for
cause . The 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 .
11
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 the 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 Attorneys ' Fees . If either party to this
Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any
other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney' s fees . Attorney' s fees
shall include attorney' s fees on any appeal, and in addition a
party entitled to attorney' s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions
and discovery and all other necessary costs the court allows which
are incurred in such litigation. All such fees shall be deemed to
have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment .
8 . 0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8 . 1 Non-liability of 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 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
12
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.
13
IN WITNESS WHEREOF, the parties have executed and entered
into this Agreement as of the date first written above.
ATTEST: CITY OF INGS,
a m nicfz ipal corp ration
1 � �
By: Ci By:
Cl- Clerk Manager
APPROVED AS TO FORM:
RUTAN & TUCKER
Davi Ales ire +�'� =A 'Y` IF--'MV COp„9 NKIL
City Attorney V3y U.5. NO
7z Douglas R. Evans
Director of Planning & Building
CONTRACTOR: TOM DODSON & ASSOCIATES
By: ; z a2�
Name : Tom Dodson
Title: President
Address :
TOM DODSON & ASSOCIATES
2150 N. Arrowhead Avenue
San Bernardino, CA 92405
14
EXMIT A `INN l` x 1998
REVISED -44
1V
14f,301VIS10A1
PROPOSAL TO PREPARE AN
ENVIRONMENTAL IMPACT REPORT
FOR THE
PALMS HILLS SPECIFIC PLAN
Submitted to.
City of Palm Springs
Planning Division
of PALM s
A�
'2
G)
U N'
* �C�•OfATf�f,'
cq[I FOIL
Submitted by:
Tom Dodson & Associates
San Bernardino, California
April 27, 1998
Revised June 10, 1998
.. :'.:::n':n{..:):....n...f nv.:.:.':»:'<).. .:,..::✓::•,.n.. ..: .. .)J:,,..:.:. .C;`E% :..t),::f.;.v`.m:.::;in;.j'"/;(
.:fi':nf^.:f..:. �`I }� niA'f.::'::,::5!:J.>j�✓tij�:i�O,f:.f,.�i,'v':,::'..�:�:ii':::'t:(;i.
TDA proposes to.impleinent the following scope of work. First, recently completed
environmental documents provide wonderful opportunities to obtain fast hand empirical data
to assist in making the project impact forecasts. Utilizing these resources, the technical
studies compiled specifically for the Palm Bills Specific Plan and specific research on
individual service and utility issues, TDA will provide an environmental document that
addresses the proposed facilities in as much detail as permitted in the Palm Hills Specific Plan
(PHSP). As always,the first step in the EIR process begins with a comprehensive,detailed
project description that will guide the impact forecasting efforts. Our'scope ofwork follows:
Task 1: Prepare Project Description
Once authorized to proceed with this environmental document,TDA will review all of the
information developed to date and prepare a project description with sufficient detail that it
can be used to forecast specific environmental impacts for the issues identified in.the City's
RFP. Alternatives that will be considered in the EIR will be defined as part ofthis effort. The
project description will summarize the whole PHSP; identify all proposed facilities and
activities;location of individual facilities where known;proposed and allowable range of land
uses for areas where specific uses are not yet defined;and type of activities at a level of detail
commensurate with the current stage of planning. TDA will provide as much elaboration of
project activities during initial grading, project construction, and occupancy/operation as
possible to allow detailed evaluation and forecast of environmental impacts. Graphics will
be provided in support of the project description and TDA will rely upon those available
graphics in the Specific Plan to the extent feasible and applicable.
A total of 70 hours is allocated to this task and the fee is$6,000 for completion of this task.
Of this total,30 hours are;allocated to early review and coordination of the technical studies
submitted by the applicant. The project description is the deliverable product for this task.
TDA has allocated 10 hours to meetings with County Staff and applicant on this task. The
project description can be completed within one week after authorization to proceed is
received from the City. All work in Task 1 will be performed by TDA.
Task 2: Prepare Screencheck Draft EIR for Internal Review
Under this task TDA will prepare the DEIR as a Screencheck draft for internal review. The
following subtasks will be completed:
Subtask 1: Develop the]Environmental Setting Data Base
Utilizing the data generated specifically for this project from existing sources and original field
investigations, TDA will prepare the existing environmental setting for each of the issues
being evaluated intheEIR. TDA assumes that the following environmental issues will require
original data to be generated as part of technical studies before they can be fully addressed in
the EIR--'aesthetics,biology,cultural resources,hydrology,traffic and transportation,noise
and geologic hazards. The remaining issues will be evaluated based on direct field
investigations and compilation of information by TDA from original sources, such as
Tm fialWn2Au,(yiy
Page 15
i
t
i
interviews with utility purveyors and service providers. The proposed effort that will be
completed for each section of the EIR,including technical studies and the fees for preparing
these technical reports for 'inclusion in the DEIR are discussed at the end of this task
discussion. Itis anticipated that TDA's effort for incorporating the environmental setting data
base for-the EIR, including review and incorporation of the technical reports,wilr require
approximately 150 hours for a fee of$15,000. Tom Dodson will'prepare'and edit all ofthe
final text for this section of the EIR
Subtask 2: Prepare the Environmental Impact Evaluation
TDA will utilize the data from the project description and Subtask I to forecast potential
environmental impacts from developing and operating the proposed land uses contained in the
Specific Plan. The impact forecastwill be as specific as possible forthe proposed project and
affected environment. ,Mitigation measures will be identified, 'as appropriate, for each
environmental issue with potentially significant impacts. The impact analysis format used by
TDA is a follows:project impact,mitigation measures,unavoidable adverse environmental
impact(including any impacts caused by implementing mitigation measures),and cumulative
impacts. To the extent feasible,potential environmental effects will be quantified;however,
I anticipate that some impact forecasts will be qualitative, such as discussions`of public
services and aesthetic effects. f
TDA has allocated a total of 150 hours for a fee of$15,000 to this complete this subtask of
incorporating data from the technical studies and investigations that are being prepared or
conducted for the EIR. Tom Dodson will prepare and edit all of the final text for this section
of the document.
Subtask 3: Prepare All Remaining EIR Sections
I
The CEQA mandated sections (Alternatives, Growth Inducement, and a Summary of
Irreversible Environmental Impacts) will be provided under this subtask. The series of i
alternatives that will be evaluated in this document will be defined as part of the project
description. I-anticipate evaluating the no project, alternative sites (locations to be
determined),and alternative land uses within the scope ofthe Specific Plan,as agreed to by
the City and applicant. 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. A total of 100 hound are allocated to this subtask for a fee of$10,000.
The end product of these three subtasks is the screencheck DEIR for review by the City. It
will be submitted to the City for review, comment, and approval in accordance with the
schedule outlined below.
TDA has conducted discussions with its subconsultants and technical staff regarding the
technical studies that will be needed for this project. For purposes of this proposal TDA
assumes that all of the technical studies submitted by the applicant will be adequate to make
adequate, substantiated impact forecasts, or that the applicant will provide additional
information that the City Staff agrees is required to provide such impact forecasts. Work
proposals and cost estimates for each of the original technical studies are as follows:
TnlWmj AygYIG
Page 16
i
Noise
RKJK will review available noise data for the project area and conduct a field review ofthe.
project area. Noise measurements.will be conducted at up to six locations in-the project
vicinity. Background noise contours from Palm Springs Municipal airport will be compiled.
Noise levels adjacent to area roadways at 15 locations will be defined by noise modeling.
RKJK will then forecast opening year noise contours with and without the project at up to 15
roadway locations. Noise build-out impacts with and without the project at 15 study area
intersections will be defined. Short-term noise impacts from construction will be defined.
Project impacts will be summarised, compared to City noise significance thresholds and
mitigation measures will be developed. The residual noise impacts after mitigation will be
identified. The fee for this task is$4,500.
Air Quality
TDA and AES will review existing technical data on air quality to determine the adequacy of
that data. TDA and AES will perform the following tasks:
• Define the existing Air Quality in the Project Area;
• Forecast Mobile Sources Emissions During Construction and Operation;
• Forecast Short-Term Fugitive Dust Emissions from Earth Moving Activities;
• Forecast Short-Term Emissions from Construction Equipment;
• Forecast Project Operational Emissions;
• Perform CO Hot Spots Modeling at two locations;
• Prepare an Air Quality Impact Analysis;and
• Prepare an evaluation of air quality planning and consistency issues for the project.
The fee for this subtask is$11,500,
Transportadon/Circulation
RKJK will prepare the transportation impact evaluation. The following steps will be
completed. RKJK will confer with the City, Caltrans and other agencies to identify the
circulation network features and areas of concern for traffic impacts. A traffic impact
analysis suitable for use in the EIR would be prepared by compiling data on existing
conditions within the circulation area of concern (existing volumes and levels of service,
defining related general plan traffic issues, preparing traffic generation data, defining the
traffic distribution,providing levels of service within the area ofooncern with and without the
project, defining project mitigation, and making a final set of conclusions and recommen-
dations regarding project circulation system impacts. A copy ofRKJK's proposal is attached.
The fee for this study is$20,000.
I
Aesthetics
I
HCA will prepare the aesthetic impact evaluation for the project, HCA proposes to create a
three dimensional computer model of the site indicating the proposed topographic grading,
parking, and buildings. This task will rely on digital topographic computer files to be
provided by the applicant. Buildings will be indicated as massing blocks. A site survey and
.nww.anwo...
Page 17
photographs will be taken using the Fuji G617 Panorama Camera.. The photos will undergo
proof processing,scanning and color correction of selected views. Computer imaging from
14 viewpoints selected fromthe photo-shoot will be compiled. Irnaging will illustratebuilding
forms in massing form. Minimal slop landscape will be included. Chadingandmanuftetured
slopes willbe indicated at one year growth. An analysis of visual impacts will be provided.
i
The fee for this task is$18,000,and additional viewpoint computer images can be added for
a fee of$725.
Cultural Resources
CRM Tech will conduct a cultural resources survey in support of the EIR and prepare a
report that will evaluate the significance of any cultural resources discovered on the
project site. This survey and report will be prepared for a fee of$11,000. A copy of the
specific tasks to be performed is attached for information.
Biological Resources .
After further discussions with the City staff, it became clear that the biological resources
issues will require a major commitment of resources if they are to be adequately addressed.
Thus,even through the applicant is submitting a biological resources report prepared by a
qualified biologist,TDA has decided to add Mr.Frank Hovore,see attached resume,to our
team to prepare the biological resources evaluation for the EIR,to respond to comments,and
to attend hearings. The fee for Mr.Hovore's support is$6,000.
Task 3: Finalize Draft EIR,Publish,and Distribute
TDA will meet with the City, to collect all comments on the screencheck DEIR. These
comments will be responded to and a Draft EIR for public distribution will be compiled and
printed fordistribution. As noted above,TDA's experience indicates that only on screencheck
will need to be prepared,.but TDA commits to the fee outlined below for funaliziug the
screencheck in accordance with City direction. TDA will supply the City with 80 bound
copies'ofthe DEIR for distribution(and one master)and will arrange to have copies delivered
{ to the State Clearinghouse and the City's distribution list. TDA anticipates publishing a
second volume of technical appendices that will be.available upon request. Thirty copies of
the technical appendices will be provided to the City under this proposal. 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
$8,500.
Task 4: Prepare Responses to Comments and 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 comment document will be delivered to the City for final review and
comment. We anticipate allocating I50 hours of effort to this task, including 20 hours of
��--� meetings with the City and-the responses to comments will be completed within 3 weeks,
Page 18
i •
barring the need to develop'original data. If major new issues are raised that were previously
not addressed 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 off this effort will be a Final EIR available for certification. Eighty
copies ofthe Final EIR,a master copy,and a computer disk in WordPerfect 7.0 format will
be provided to the City. TDA will assist with the distribution of these documents upon
request. 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$17,500.
Task 5: Prepare Findings of Fact and Statement of Overriding Consideration
This task will be performed if there are significant impacts identified in the EIR from
implementing the proposed project that cannot be mitigated. We anticipate that there will be
significant impact's. Based on TDA's past experience with projects of this type and size,it
will probably be necessary to prepare a findings and statements document. TDAhasprepared
numerous findings and statements documents which we believe are effective in allowing the
local jurisdictions to approve projects with significant impact. This document would be
prepared by Tom Dodson and requires approximately 50 hours of effort for a fee of$6 OK
It will be prepared to supportthe City as"Candidate Findings"and will require approximately
8 hours of meetings with County as part of the total effort. The applicant will be required to
submit and substantiate project benefits for inclusion in the balancing test as required by the
CEQA. TDA includes draft staff reports and other technical written material required to
submit a complete package to the City Planning Commission and City Council for this fee.
Task 6: Attend Meetings and Hearings
TDA will attend two sniping meetings,20 meetings with Staff and up to four public hearings
as part ofthe proposal above. A total of 80 hours have been allocated for this task for a fee
of$10,000,including direct mileage costs. Additional meetings will bebilled at an hourly rate
of$110/hour for all project team personnel.
Based on discussions with City staff,TDA believes that additional unquantifiable work effort
will be required to attend meetings, conduct community outreach activities, and develop
responses to comments during the review period. Therefore,we request that a 10%contin-
gency factor be included in the budget,as shown on page 7,to cover these costs. The use of
contingency funds will be on a time and materials basis and will only be permitted after a
written justification is submitted by TDA and approved by the City staff. By incorporating
this contingency fund into the budget,we have the ability to respond to unforeseen demands
for consulting support without returning to the City Council for annoying contract revisions.
Since the funds will be expended only if required it can save time and this should be
acceptable to the applicant.
This concludes the description of the scope of work and the tasks that will be performed to
deliver a Final EIR to the City for use in making a decision on this project.
TwW kAuoim
Page 19
a
EXHIBIT B
COST PROPOSAL
Task Description Cost
Task 1: Prepare Project Description $6,000
Task 2: Prepare Screencheck Draft EIR for Internal Review
Subtask 1: Develop the Environmental Setting Data Base $15,000
Subtask 2: Prepare the Environmental Impact Evaluation $15,000
Subtask 3: Prepare All Remaining EIR Sections $10,000
1. Noise $ 4,500
2. Air Quality $11,500
3. Transportation/Circulation $20,000
4. Aesthetics $18,000
-- Additional Viewpoints $ 725
5. Cultural Resources $11,000
6. Biological Resources $ 6.000
Subtotal - Task 2: $111,725
Task 3: Finalize Draft EIR, Publish and Distribute $ 8,500
Task 4: Prepare Responses to Comments and Final EIR $17,500
Task 5: Prepare Findings of Fact and Statement of Overriding $ 6,000
Consideration.
Task 6: Attend Hearings (includes four public hearings)
(additional hearings @ $110/hour) $10,000
TOTAL Proposed Cost: $159,725
Contractor shall be paid in the amount based upon the percentage completion of each task
as verified and approved by the Contractor 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.
I
EXMrr C
Milestones
1. Prepare,Environmental Analysis and Document
and Submit Screencheck Draft EIR 12 weeks
2. Incorporate City Comments and Distribute
Distribute Draft EIR 2 weeks
3. 45-Day Review of Draft EIR
4. Responses to Comments and Preparation of Final EIR 3 weeks
5. Attend City Planning;Commission Public Hearings As required
6. Attend City Council Public Hearings As required
TDA makes a commitment to complete the entire screencheck Draft within 12 weeks from
contract award, assuming that the technical studies are provided within two weeks of the
contract award.
Page 20
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
$1, 000, 000 . 00 shall be provided.
16
RECEIVED: 5- 2- O; 13:52; => TOM GODSON S ASSOC.; N2
MAY, 2, 20OU 2:OJPM EK AND ASSOC NO- SW F. 2
CHANGE 0t tDER NO. 1
PALM HILLS SPECIFIC PWi GRAFT ENVIRONMENTAL IMPACT WORT
APR1I,28,2000
Torn Dodson and Associates hereby requests approval of a change to the terms and conditions of
tite Ccntract Services Agreement for Profasslwal Planning Services adopted by the City Council on
Yuly 1, 19,9$for the purpose of requesting an additional$7,500,00 for services rendered in the a:ea
of Biolagy to evaluate and complete a comprehensive review of all Biological Resource data
(additional developer prepared reports and Bighorn Sheep Recovery flan) and compile a
comprehensive biological resonroe 5ection of the DraftEnviroamental Impact Report and Technical
Report for the Palm Hills Specific Plan area, Sections 31 and 32.
v
TOM DODSON,
Tom Dodson and Associates
P06CY R,EVANS,
Director of Planning and Building
Attest CITY OF PALM SPRINGS, CALIFORNIA
By City Clerk yes
City Ma ge
to Avk-, 4)900 -�
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 Acrainst Subcontractincr or Assicinment .
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 (250)
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 Ind�iendent 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
IN WITNESS WHEREOF, the parties have executed and entered
into this Agreement as of the date first written above .
ATTEST: CITY OF INGS,
a m nicipal corp ration
By: By:
C Clerk Manager
APPROVED AS TO FORM:
RUTAN & TUCKER
Davi Ales ire APPROYFDBYTHECITYCOUNCIL
City Attorney 6Y N0. (��f '---
�`j P
-- �� L.
3 �5
Douglas R. Evans
Director of Planning & Building
CONTRACTOR: TOM DODSON & ASSOCIATES
By: 47 aj2t 7
Name : Tom Dodson
Title : President
Address :
TOM DODSON & ASSOCIATES
2150 N. Arrowhead Avenue
San Bernardino, CA 92405
14
COMACIAL CERTIFICATE OF INSURAN9 Issue Date (MMIDDIYY)
AGENCY1 9-30-98
Name KEN CL AUS INSURANCE
& 247 E. BASELINE ' This certificate is issued as a matter of information only and confers no rights
Address ' SAN BERNARDINO , CA 92410 upon the certificate holder.This certificate does not amend,extend or alter the _
coverage afforded by Ihe.policies shown below.
COMPANIES PROVIDING COVERAGE.
ST. 97 DIST.' 46 AGENT _0.8I COMPANY
LEREa A TRUCK INSURANCE EXCHANGE, /
p �
INSURED ETHR D FARMERS INSURANCE EXCHANGE
TOM DODSON & ASSOCIAPq(E(,I_I'VeL —
Name . 2150 N. ARROWHEAD AVE . LEnEfl COMPANv C MID CENTURY INSURANCE COMPANY
Address • SAN BERNARDINO, CA 1�� COMPANY
LEIIEn
COVERAGES
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED
BY PAID CLAIMS.
CO. POLICY EFFECTIVE POLICY EXPIRATION POLICY LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MMIDOIYY)
FAGGREGATE
B GENERAL LIABILITY 1487-84-24 9-12-98 9-12-99 $ 2 , 000 , 000
COMMERCIAL GENERAL LIABILITY IOPS
—OCCURRENCE VERSION $
CONTRACTUAL-INCIDENTAL ONLY -OWNERS&CONTRACTORS PROT. JURY $ I. , 000 ,000
EACH OCCURRENCE $ 1 ,000 ,000
FIRE DAMAGE(Any one Fire) $ 100 ,000
MEDICAL EXPENSE
(Any one person) $ 5 ,000
COMBINED
AUTOMOBILE LIABILITY SINGLE LIMIT $
ALL OWNED COMMERCIAL AUTOS BODILY INJURY
SCHEDULED AUTOS (PER PERSON) $
HIRED AUTOS BODILY INJURY
B NON OWNED AUTOS 1487-84-24 9-12-98 9-12-99 (PER ACCIDENT) $ 1 , 000 ,000
GARAGE LIABILITY PROPERTY DAMAGE $
GARAGE AGGREGATE $
UMBRELLA LIABILITY
STATUTORY
r ACCIDENT
B WORKERS'COMPENSATION
B0107 91 J1 10-16-97 10-16-99 EACHCCIOENT $1 ,000 ,000
AND DISEASE—EACH EMPLOYEE $1 , 000 ,000
EMPLOYERS'LIABILITY DISEASE—POLICY LIMIT $1 000 000
DESCRIPTION OF OPERATIONSIVEHICLESIRESTRICTIONSISPECIAL ITEMS:
ADDITIONAL INSURED — OWNERS , LESSEES OR CONTRACTORS
PROJECT NAME: PALM HILLS SP EIR (FORM B)
CERTIFICATE HOLDER CANCELLATION
OULD ANY OF TI IF ABOVEDATE THEREOF,
Name CITY OF PALM SPRINGS THE ISSUING COMPANY WILLDESCRIBED ENDEAVOR TOLICIES MAIL 30 DAYS WHITTENBE CANCELLEDFORE NOTICE TO THETHEATION CERTIFICATE HOLDER
& CITY CLERK NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OH LIABILITY OF
ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
Address P• 0. BOX 2743
. PALM SPRINGS , CA 92263-2743
�
I
AUTHORIZED EPRESENTA LIVE
i
56 2492 4-94 1251 - E-99 1251
POLICY NUMBER: 1487 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 under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY CLERK, CITY OF PALM SPRINGS
PROJECT: EIR PALM HILLS SPECIFIC PLAN A3998
(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 11) 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.
OTHER INSURANCE
IF OTHER VALID AND COLLECTIBLE INSURANCE IS AVAH.ABLE TO THE INSURED FOR A LOSS WE COVER UNDER COVERAGES A OR B
OF THIS COVERAGE PART, OUR OBLIGATIONS ARE LIN=AS FOLLOWS:
A. PRIMARY INSURANCE
THIS INSURANCE IS PRIMARY EXCEPT WHEN B. BELOW APPLIES. IF THIS INSURANCE IS PRIMARY, OUR OBLIGATIONS ARE NOT
AFFECTED UNLESS ANY OF THE OTHER INSURANCE IS AIM PRIMARY. THE`!, WE WILL SHARE WITH ALL THAT OTHER INSURANCE
BY THE METHOD DESCRIBED IN C. BELOW.
B. EXCESS INSURANCE
THIS INSURANCE IS EXCESS OVER ANY OF THE OTHER INSURANCE, WHETHER PRIMARY,EXCESS, CONTINGENT OR ON ANY OTHER
BASIS
1. THAT IS FIRE, EXTENDED COVERAGE, BUILDER'S RISK, INSTALLATION RISK OR SIMLLAR COVERAGE FOR"YOUR WORK".
2. THAT IS FIRE INSURANCE FOR_PRFh�_ SES RENTED TO YOU; OR -
3. IF TIME LOSS ARISES OUT OF THE MAINTENANCE OR USE OF AIRCRAFT, "AUTO"OR WATERCRAFT TO THE EXTENT NOT SUBJECT
TO EXCLUSION G. OF COVERAGE A (SECTION 1). WHEN THUS INSURANCE IS EXCESS, WE WILL HAVE NO DUTY UNDER COVERAGE A
OR B TO DEFEND ANY CLAIM OR"SUIT' THAT ANY OTHER INSURER HAS A DUTY TO DEFEND. IF NO OTHER INSURED DEFENDS, WE
WILL UNDERTAKE TO DO SO, BUT WE WILL BE ENTITLED TO THE INSURER'S RIGHTS AGAINST ALL THOSE OTHER INSURERS.
WHEN THIS INSURANCE IS EXCESS OVER OTHER INSURANCE,WE WILL PAY ONLY OLR SHARE OF THE AMOUNT OF LOSS, IF ANY,THAT
F_XCEEDS THE SUM OF:
I. TINE TOTAL AMOUNT THAT ALL SUCH OTHER INSURANCE WOULD PAY FOR THE LOSS
IN THE ABSENCE OF THIS INSURANCE; AND
2. THE TOTAL OF ALL DEDUCTIBLE AND SELF-INSURED AMOUNTS UNDER ALL THAT OTHER INSURANCE.WE WILL SHARE TEE
REMAINING LOSS, IF ANY, WITH ANY OTHER INSURANCE THAT IS NOT DESCRIBED IN THIS EXCESS INSURANCE PROVISION AND WAS
NOT BOUGHT SPECIFICALLY TO APPLY IN EXCESS OF THE:LIMITS OF INSURANCE SHOWN IN THE DECLARATIONS OF THIS COVERAGE
PART.
C. METHOD OF SHARING
rF ALL OF THE OTHER INSURANCE PERMITS CONTRIBUTION BY EQUAL SHARES, WE WILL FOLLOW THUS METHOD ALSO. UNDER THIS
APPROACH EACH INSURER CONTRIBUTES EQUAL AMOUNTS UNTIL IT HAS PAID TTS APPLICABLE LIMIT OF INSURANCE OR NONE OF
THE LOSS REMAINS, WHICHEVER COMES FIRST.
IF ANY OF THE OTHER INSURANCE DOES NOT PERMIT CONTRIBUTION BY EQUAL SHARES,WE WELL CONTRIBUTE BY LIMITS. UNDER
THIS METHOD,EACH INSURER'S SHARE LS BASED ON THE RATIO OF ITS APPLICABLE LIMIT OF INSURANCE TO THE TOTAL APPLICABLE
LIMITS OF INSURANCE OF All. INSURERS.
CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992