Loading...
HomeMy WebLinkAboutContract 1838 / " 6/ PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF CATHEDRAL CITY AND TERRA NOVA PLANNING AND RESEARCH, INC. THIS AGREEMENT, is made and entered into this Z g day of i)K•2017, by and between the City of Cathedral City, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the "City", and Terra Nova Planning and Research, Inc., hereinafter referred to as "Consultant". RECITALS: WHEREAS, the City has identified a need to hire a Consultant to perform the General Plan Update and Environmental Impact Report, as provided by the "Scope of Services", for the City of Cathedral City; and WHEREAS, Consultant represents that it is specially trained, experienced and competent to perform the professional and technical services that will be required by this Agreement; and WHEREAS, Consultant possesses the skills, experience, ability, background, certification and knowledge to provide the professional and technical services described by this Agreement on the terms and conditions described therein; and WHEREAS, the City desires to retain Consultant to render professional environmental services in order to assist the City's Community Development Department in completing the General Plan Update and Environmental Impact Report as more particularly described in the Scope of Services as set forth herein or attached hereto as Exhibit"A". Now therefore, in consideration of the covenants, conditions and promises contained herein,the parties agree as follows: Section 1. SCOPE OF SERVICES A. Consultant shall provide to the City those services as set forth in the "Scope of Services", attached hereto as Exhibit"A", and incorporated herein by this reference. B. Consultant shall perform said services at the time, place, and in the manner specified in Exhibit"A", subject to the direction of the City through its staff and in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. {THIS PORTION IS INTENTIONALLY BLANK) Section 2. PERFORMANCE SCHEDULE Consultant shall perform those services set forth in the Scope of Services pursuant to the "Performance Schedule" attached hereto as Exhibit "B", and incorporated herein by this reference as though set forth at length. Consultant shall not be held responsible for delays beyond its control. Section 3. COMPENSATION City agrees to pay Consultant for and in consideration of the faithful performance of the consulting services and duties set forth in this Agreement, and Consultant agrees to accept from City, as and for compensation for the faithful performance of said services and duties, an amount not to exceed Four Hundred and Twenty-One Thousand, Eight Hundred dollars ($421,800), in accordance with the "Schedule of Charges", attached hereto as Exhibit "C", and incorporated herein by this reference. Section 4. METHOD OF PAYMENT A. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures, and the percentage of the project that is complete. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, provided further that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and provided further that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. B. When payments made by City equal ninety-five percent of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by the City. C. The Consultant shall submit invoices under this Agreement to: Pat Milos Community Development Director Community Development Department City of Cathedral City 68-700 Avenida Lab Guerrero Cathedral City, CA 92234 Telephone: (760) 770-0319 Email: PMilos@cathedralcity.gov 2 Section 5. EXTRA WORK At any time during the term of this Agreement,the City may request that Consultant perform Extra Work. As used herein, "Extra Work"means any work which is determined by the City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work, without written authorization from the City. Section 6. TERMINATION This Agreement may be terminated by the City immediately for cause. The City may terminate this Agreement without cause upon fifteen (15) calendar days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. Section 7. OWNERSHIP OF DOCUMENTS All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and Internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in Its discretion without further compensation to Consultant or to any other party. Consultant shall, at their expense, provide such reports, plans, studies, documents and other writings to the City upon written request. Section 8. PROTECTION AND CORRECTION OF WORK A. Consultant shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages. B. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Consultant. 3 Section 9. CONFIDENTIALITY A. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Until the release of the documents for public review, such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. B. Consultant shall not use the City's name or insignia, photographs relating to the project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper,television or radio production or other similar medium without the prior written consent of the City. Section 10. CONSULTANT'S BOOKS AND RECORDS A. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three years,or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. During the project approval process and 120 days afterward the Consultant shall make these records available at no expense to the City. Once the project has been approved and/or 120 days has passed since project approval the City shall provide 3 days' notice to the consultant on any records request and the records can be delivered to the City electronically or hard copy at a mutually agreed price for materials. All records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's 4 business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor- in-interest. Section 11. INDEPENDENT CONTRACTOR'S STATUS: NOT AN AGENT OF CITY Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, expressed or implied,to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, expressed or implied, to bind the City to any obligation whatsoever. Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS REGARDING INDEPENDENT CONTRACTOR'S STATUS OF CONSULTANT A. Consultant represents and acknowledges the following: 1. The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement. 2. Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. 3. The services described in this Agreement will be performed without the use of City equipment, materials, tools or facilities. 4. Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement. 5. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. 6. Consultant shall not at any time or in any manner represent that it or 5 any of its officers, employees, or agents are "employees" of the City. B. The City represents and acknowledges the following: 1. Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement. 2. Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement. 3. The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement. 4. Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement. 5. It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. 6. Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. 7. Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City- owned property. 8. Other than attendance at required public meetings and public hearings and complying with procedural requirements set forth by law, Consultant is not required to perform the services set forth in the Agreement In any particular order or sequence. 9. Nothing in this Agreement shall be Interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest. Section 13. CONFLICTS OF INTEREST A. Consultant(including its principals,associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest,direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties 6 hereunder no person having any such interest shall perform any services under this Agreement. B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: 1. Does not make or participate in: (a) The making of any governmental decisions regarding approval of a rate, rule, or regulation, the adoption or enforcement of laws; (b) The issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement; (c) Authorizing the City to enter into, modify, or renew a contract; (d) Granting City approval to a contract that requires City approval and to which the City Is a party, or to the specifications for such a contract; (e) Granting City approval to a plan, design, report, study, or similar item; (f) Adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. 2. Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City of Cathedral City's or City's Conflict of Interest Code or under Government Code Section 87302. C. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's Office pursuant to the written instructions provided by the Office of the City Clerk. D. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Section 14. PROFESSIONAL ABILITY; WARRANTY; FAMILIARITY WITH WORK A. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City of Cathedral City business license. B. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner In accordance with the standards prevalent in the industry for such services. C. By executing this Agreement, Consultant warrants that it: 1. Has thoroughly investigated and considered the work to be performed; 2. Has investigated the issues, regarding the scope of services to be provided; 3. Has carefully considered how the work should be performed; and 4. Fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. D. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the appropriate City representative. Section 15. COMPLIANCE WITH LAWS Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder. Section 16. NONDISCRIMINATION A. Consultant shall comply with the City's employment related nondiscrimination policies as set forth in the Cathedral City Municipal Code, as it may be amended from time to time. 8 B. Consultant acknowledges that the City's employment related nondiscrimination policies prohibit discrimination on the basis of an individual's sex, marital status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation, and domestic partner status. Section 17. INDEMNIFICATION A. Consultant shall defend, indemnify and hold harmless the City of Cathedral City and its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect, (including any and all costs and expenses in connection wherein), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City of Cathedral City and its officers, agents, employees or volunteers. B. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. C. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant's work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant's control, or for which Consultant is without fault. Section 18. INSURANCE REQUIREMENTS A. Policies. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies; 1. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for its employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty(30) calendar days prior to such change. 2. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per 9 occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Consultant arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars($1,000,000)combined single limit for each occurrence. 4. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars($1,000,000) per occurrence. B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: 1. The City of Cathedral City and the City, their elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. 2. This policy shall be considered primary insurance with respect to the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. 5. The insurance provided by this policy shall not be suspended, voided,canceled,or reduced In coverage or in limits except after thirty(30)calendar days' written notice has been received by the City. 10 C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. D. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. Section 19. NOTICES A. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows: To the City: Pat Milos Community Development Director Community Development Department City of Cathedral City 68-700 Avenida Lab Guerrero Cathedral City, CA 92234 Telephone: (760) 770-0319 Email: PMilos@cathedralcity.gov To Consultant: John D. Cristo Principal Terra Nova Planning and Research, Inc. 42635 Melanie Place Palm Desert, California 92211 Telephone: (760) 341-4800 Email: jcriste@terranovaplanning.com B. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second(2nd)day after deposit in the United States mail. Section 20. ENTIRE AGREEMENT A. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement. 11 B. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied In this Agreement. C. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. Section 21. MODIFICATIONS AND AMENDMENTS This Agreement may be modified or amended only by a written instrument signed by both parties. Section 22. ASSIGNMENT AND SUBCONTRACTING A. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City. B. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law. Section 23. WAIVER A. No waiver shall be binding, unless executed in writing by the party making the waiver. B. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. C. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. Section 24. SEVERABILITY If any one or more of the sentences, clauses, paragraphs or sections contained 12 herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein. Section 25. VENUE All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California. Section 26. LITIGATION EXPENSES AND ATTORNEYS FEES In the event any action, suit or proceeding is brought for the enforcement of,or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. Section 27. TIME OF THE ESSENCE Time is of the essence in the performance of this Agreement. Section 28. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, 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 Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement. Section 29. INTERPRETATION This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting ft. Section 30. CAPTIONS AND HEADINGS The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. Section 31. GOVERNING LAW 13 The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and In accordance with California law. Section 32. CUMULATIVE REMEDIES 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. Section 33. NO THIRD-PARTY BENEFICIARIES The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed. Section 34. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original. Section 35. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING AGREEMENT A. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. B. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purport to represent. Section 36. PRINCIPAL REPRESENTATIVES A. John D. Criste is designated as the principal representatives of Consultant responsible for undertaking, managing and supervising the performance of all the services set forth in the Scope of Services for this Agreement. 1. Unless otherwise authorized by City in writing, the principal representatives shall perform all such services, including, without limitation, attending all meetings and public hearings required under the Scope of Services. 2. Consultant hereby commits these designated principal representatives to the performance of the Scope of Services, until completion thereof or termination of this Agreement,as provided herein. The experience, knowledge,capability and reputation of these principal representatives were all substantial inducements for the 14 City to enter into this Agreement, and as such, for the purposes of performing the Scope of Services of this Agreement, the duties of the principal representatives shall not be reassigned, without the express written consent of both parties. B. The Community Development Director shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. City of Cathedral City: Terra Nova Planning and Research, Inc.: By: 114i Charles P. McClendon, By: /c-IC Alm City Manager John Dom, Principal ATTEST: By: Gary F. Howel ; City Clerk APPROVED AS TO FORM: By: Eric S. Vail, City Attorney 15 EXHIBIT "A" SCOPE OF SERVICES 1 t Terra Nova/City of Cathedral City/I 1.22.17 General Plan Update and Environmental Impact Report City of Cathedral City 6,1\\ General Plan Update & CutltidruI City Environmental Impact Report The Spee of the Desert .,..... -f } IV. REVISED SCOPE OF SERVICES A. Introduction The following project tasks have been modified to reflect the addition of three public workshops, the addition of 10 intersections for detailed analysis, and the preparation of an integrated Active Transportation and Neighborhood Electric Vehicle Plan(AT/NEV Plan). Specific Project Tasks The following outlines the basic task for the proposed project and may be used for contracting purposes: A Review all available data and information, previous studies and analyses.and determine other information needed to prepare expanded background information for an Existing Conditions. Background Report and Key Issues Report,General Plan and supporting environmental documents. Initiate in-house and subconsultant work on special areas of concern, including traffic analysis, noise monitoring and impact analysis, flooding and hydrology, seismic/geotechnical research and reporting, cultural and biological resource assessments, and other areas where formal research and analyses can begin. A Establish project work and meeting schedules with City Planning staff to assure a logical and orderly drafting and review of General Plan elements. land use map alternatives and support information. Initiate bi-weekly(minimum)teleconferences and monthly(minimum)personal meetings with City staff. A Establish and maintain a cloud-based CC GP Sharepoint Web Site that will include project calendars, resource and document folders and other resources to facilitate information sharing and project management. Page I of 4 r�\ Terra Nova/City of Cathedral City/11.22.17 Catkcar.:lCi01 General Plan Update and Environmental Impact Report A Terra Nova will use Esri GIS software and raster, vector, and geo-statistical system designs to provide analytical data critical to city planning, development, and design. Terra Nova staff will develop a variety of GIS databases and maps to assist with city planning in project review, compliance, historic preservation,transportation, sustainability, infrastructure and economic development A Prepare and maintain a project-specific web site. The "Cathedral City General Plan Update" site will be consistent with the look and feel of the City's web site, will provide document posting and will include comment forms and surveys using Surrey Monkey to capture public input and comment.The web site will be maintained throughout the process. A Plan, prepare for and present and facilitate up to six (6) public scoping workshops to be held in a staged fashion and at a minimum will provide an Introduction to the General Plan, Mid-Tern: General Plan Update, and the Preferred Alternative General Plan. Terra Nova will prepare and review with City staff exhibits. handouts, survey forms, and other materials to facilitate the workshops. Terra Nova will prepare draft public notices for approval and posting on the project web and City web sites, placement in the local newspaper. and distribution by all effective means. A Prepare exhibits, handouts and other materials for and assist in conducting two (2) joint PC/CC study sessions. Said study sessions will be directed by Terra Nova and City staff, will cover progress and major issues, and will result in a draft Vision Statement and progress update and preferred alternative concurrence. A Research. document and map hazards and resources in GIS for presentation and eventual integration into General Plan and Program EIR. Research is envisioned to go forward on all fronts and to be conducted in logical groups based upon inter-relatedness and hierarchy of issues. For instance, air quality, noise and circulation elements will be developed concurrent with analyses of land use plans and transportation modelling. A Initiate and continue with staged drafting and editing of updated elements and supporting maps and graphics of the General Plan, including legal requirements, background information, constraints and opportunities and goals, policies and programs. A Coordinate Terra Nova/City team document completion of draft General Plan and supporting maps and exhibits. Facilitate final review of draft General Plan document and make final revisions, resulting in a "transmittal draft". A Confer and cooperate with City Planning staff in making recommendations for subsequent Zoning and Subdivision Ordinance revisions that assure conformance and consistency with the General Plan. A Terra Nova will prepare the CEQA Initial Study Checklist and Notice of Preparation on the General Plan update project. An NOP transmittal list will be prepared for and approved by City staff and Terra Nova will transmit the NOP to the State Clearinghouse and other responsible agencies. Terra Nova will also prepare appropriate CEQA related Notices of Completion. Availability. Determination and other documentation. A Terra Nova shall contract for, manage and coordinate Urban Crossroads in the preparation of a traffic impact analysis for the General Plan update, including evaluating existing conditions and collecting additional traffic data, analysing 20 intersection (30 with expanded intersection analysis task; see revised budget)and 40 key roadway segments. Existing and planned transit service, and alternative transportation will also be evaluated and documented. Proposed land use allocation models will be used to conduct traffic impact analyses for a 2040 buildout year. which will include roadway segments and intersections. A comprehensive technical report will be prepared that will include recommendations and, where necessary, mitigation. Page 2 of 4 rM Crlw Terra Nova/City of Cathedral City/I 1.22.17 --=-- General Plan Update and Environmental Impact Report A In conjunction with the General Plan update and traffic impact analysis. Terra Nova and Urban Crossroads will prepare a free-standing Active Transportation and NEV Plan (AT/NEV Plan)that will be based upon and expand and detail the regional CVAG ATP and the CVAG NEV Plan. The approach will ensure that the City's plans are consistent with and a logical extension of the regional baseline documents. It is assumed that the City can secure the GIS, data and other files from CVAG. A single, integrated document will be prepared and supported by data, information and graphics that allows an holistic approach multi-modal planning and development. The AT/NEV Plan will be entirely focused on the City, its needs, and its opportunities and constraints. The Active Transportation and NEV Plan document may be organized in the following manner and consistent with CVAG documents. • Intro • Planning Context • Goals and Objectives • Sidewalk/Pedestrian Plans • Bikeway, Lanes and Path Plans • NEV Lanes and Paths • Road Diet Opportunities • Transit Hub Accessibility Plan • Mode-Based Design Guidelines • Funding Sources and Strategies A Terra Nova will prepare a comprehensive air quality and greenhouse gas emissions analysis to consider impacts of build out of the General Plan. Modeling will capture moving and stationary emissions for all criteria pollutants, including PM I O and 2.5. The Coachella Valley State Implementation Plan (SIP) will also be a focus of this analysis. A comprehensive technical report will be prepared and summarized in the El R. A A noise impact analysis and report will be prepared based on the findings of the traffic impact analysis, provide an analysis of the noise levels anticipated from both moving and stationary sources at build out of the General Plan. Short term noise monitoring will be conducted at up to six locations, and 24 hour monitoring will he conducted at 10 locations. The study will include analysis of current and build out conditions at up to 40 roadway segments. Noise contours for 75, 70, 65, and 60 dBA CNEL boundaries will be identified for both current and build out conditions. A comprehensive technical report will be prepared and summarized in the EIR. A Terra Nova will complete the draft EIR evaluating the proposed General Plan update and land use alternatives. City staff will review the screencheck EIR prior to transmittal. We will make final revisions and transmit revised Draft General Plan and Draft EIR for public comment. A Over the course of the project, Terra Nova will prepare public notices, project updates, schedules and other information for publication in the City newsletter, local newspaper, and mounting on the City's and the project Web site and the General Plan Sharepoint site, as appropriate. A Terra Nova will prepare resource and land use maps in Esri GIS. Once adopted, maps and attribute files will be provided to the City. Technical support will also be provided in this regard. A Coordinating with City staff, Terra Nova will collect comments on the Draft General Plan, summarize comments and draft responses to same, as appropriate. Terra Nova staff will also prepare responses to comments on the Draft EIR and will submit same to City staff for review prior to finalizing responses and incorporation into the Final EIR. Page 3 of 4 Terra Nova/City of Cathedral City/11.22.17 General Plan Update and Environmental Impact Report A Terra Nova will be responsible for the preparation of staff reports and other materials to accompany documents to be provided to Planning Commission and City Council prior to consideration of the project at respective public study sessions. Said staff report materials will be reviewed and approved by City staff before being transmitted. A Terra Nova and City staff will coordinate presentation of the Draft General Plan, the draft and final EIR, and recommendations at all public hearings before the Planning Commission and City Council. O Terra Nova and City staff will work cooperatively in the completion of Final EIR documentation and final approved version of General Plan, and provision of a print master for the General Plan, Final EIR, and associated exhibits. Any necessary findings of overriding consideration would be expected to be made by Terra Nova, in consultation with City staff and are provided for in this scope of work. O Terra Nova will prepare and facilitate the filing of the Notice of Determination with the County Clerk and the State Clearinghouse. O Terra Nova staff and its consultants will be available on an on-going basis to respond to any questions or other calls for assistance in implementing the new General Plan and Final EIR Page 4 of 4 EXHIBIT "B" PERFORMANCE SCHEDULE 1 f,i; : Terra Nova/City of Cathedral City/1 1.26.17 Crq ----�- General Plan Update and Environmental Impact Report City of Cathedral City t� rad Cit General Plan Update & C y the Spirit ofthe Desert Environmental Impact Report V. GENERAL PLAN UPDATE SCHEDULE Our project schedule is designed to complete the General Plan update, EIR and associated processing and adoption within fourteen (14) months of authorization to proceed. It is important that this relatively long process move forward at a steady pace and that its completion be timely to avoid project fatigue. It includes regular and frequent City/Terra Nova team meetings to assure that the project stays on track and on schedule. Task 1/18 2/18 3/18 4/18 5/18 6/18 7/18 8/18 9/18 10/18 11/18 12/18 1/19 2/19 3/19 Project Organization Research&Data Collection TN/City Staff Meetings Community Workshops Land Use Pc cc Plan/Vis.State. Prepare/Release NOP Traffic Analysis/Report Noise Analysis/Report Air Quality Analysis GP Doc.Drafting GP Screencheck Review EIR Drafting EIR Screencheck Review Public GP/EIR Review Period Prepare Final EIR Prepare Staff Reports,etc. PC Hearing CC Hearing EXHIBIT "C" SCHEDULE OF CHARGES Ii i 1 1 1 1 Terra Nova/City of Cathedral City/11.28.17 General Plan Update and Environmental Impact Report B. Project Budget Revised Budget(11.28.17) Cathedral City General Plan Update and EIR Task Cost Monthly Team Meetings(12),Internal Meetings,etc. (100 hrs @$165./Hr.) (20 hrs @$140./Hr.) $2,800.00 (40 hours @$115./Hr.) $4,600.00 (40 hrs @$95./Hr.) $3,800.00 Community Meetings(3)Materials Prep.&Presentations' (48 hrs @$165./Hr) $7,920.00 (60 hrs @$95./Hr) $5,700.00 CC/PC Study Sessions(2)Materials Prep.&Presentations (12 hrs @$165./Hr.) $1,980.00 (16 hrs @$95./Hr.) $1,520.00~ General Plan Review,Revisions and Additions (120 hrs @$165./Hr.) $19,800.00 (120 hrs(a)$140./Hr.) $16,800.00 (90 hrs @$115JHr.) $10,350.00 CEQA IS and Notice of Preparation,NOA,NOD,etc. (30 hrs @$140./Hr.) $4,200.00 (20 hrs @$95JHr.) $1,900.00 EIR Documentation and Drafting (90 hrs @$165./Hr.) $14,850.00 (80 hrs @$140./Hr.) $11,200.00 (1 30 hrs @$115./Hr.) $14,950.00 (1 80 hrs @$95JHr.) $17,100.00 Staff Reports, Statement of Overriding Conditions,Resolutions,etc.for CC&PC (80 hrs @$140./Hr.) $8,400.00 Public Hearings(1 CC& 1 PC) (16 hrs @$165./Hr.) $2,640.00 Project Management (120 hrs @$165./Hr.) $19,800.00 GP&EIR Editing and Formatting (100 hrs @$45./Hr.) _ $4,500.00 Administrative Support (80 hrs(a)$45./Hr.) $3,600.00 Subtotal _ $194,910.00 Page 36 of 43 Terra Nova/City of Cathedral City/1128.17 Cit-r=-.- ' General Plan Update and Environmental Impact Report Special Tasks/Studies Includes Terra Nova staff hours and subcontract management,analysis and information breakout,and drafting. Traffic/Circulation Analysis/System Design $80,600.00 Urban Design Consulting $16,500.00 Air Quality and Greenhouse Gas Analysis $7,200.00 Noise Impact Analysis $17,100.00 GIS Mapping,CAD Drafting,Land Use Mapping,Exhibit Preparation $25,000.00 Subtotal $146,400.00 Reimbursables Miscellaneous Printing $4,890.00 Misc.Office:Postage,telephone,FAX,photocopies,etc. $6,800.00 Printing of Draft General Plan,Draft EIR,Final Documents $12,000.00 Subtotal $23,690.00 Total Project Budget 5365,000.00 Augmented Transportation Components Expanded Intersection Analysis(10 Intersections) $10,000.00 Active Transportation&NEV Plan(3 workshops,Dft&Final Doc) $46,800.00 Total with Augmented Transportation _ $421,800.00 Three additional community workshops are funded by the AT/NEV Plan component. Page 37 of 43