HomeMy WebLinkAboutA6562 - BONTERRA PSOMAS - ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES ABM Sp
City of Palm Springs
David H. Ready, Esq., Ph.D.
City Manager
�' 11FORN�P 3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262
Tel 760.322.8350 • Fax 760.323.82O7 • TDD 760.864.952,
1)avid.Ready@palmspringsca.gov • www.palmspingsca.gov
June 19, 2017
Psomas
225 South Lake Avenue, Suite 1000
Pasadena, CA 91 101
Attn: !Cathleen Brady
Re: On-Call Environmental Assessment (CEQA) Services
Dear Ms. Brady:
The City of Palm Springs would like to exercise the first of two one-year extension options
to the Professional Services Agreement for On-Call Environmental Assessment (CEQA)
Services. Pursuant to the professional services agreement entered into on July 2, 201 A for
an initial term of three years, and two one-year extension options to be exercised through
• mutual written consent by both Parties, this letter serves as the City's notice of intention to
enter into the first one-year extension option. If you consent to this extension, please sign
below on both copies of this letter, return one copy to this office and keep one for your files.
Thank you for your ongoing services. We look forward to working with Psomas during the
upcoming year.
Sincerely, On behalf of Psomas, I consent to this one-
year extension as provided in this letter.
fr David H. Ready, Esq., Ph.D. athleen Brady
City Manager
DHR:ff
•
PO Box 2743, Palm Springs, California 92263
('A Z�l3�l`1
CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES
THIS PROFESSIONAL SERVICES AG EEMENT (hereinafter "Agreement") is made and
entered into, to be effective this �hV day of 2014, by and between the CITY OF
PALM SPRINGS, a California charter city and municipkal corporation, (hereinafter referred to as "City")
and BonTerra Psomas (hereinafter referred to as "Consultant"). City and Consultant are sometimes
hereinafter individually referred to as "Party' and are hereinafter collectively referred to as the"Parties."
RECITALS
A. City has determined that there is a need for As-Needed, "On-Call" Environmental
Assessment (CEQA) Services for a variety of future private and public sector development applications,
(hereinafter the "Project").
B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call"
Environmental Assessment (CEQA) Services for a variety of future private and public sector
development applications to City pursuant to the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and
expertise to provide these services and has agreed to provide such services as provided herein.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and
conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Consultant agrees to perform the professional services set forth in the Scope of Services described in
Exhibit 'A" which is attached hereto and is incorporated herein by reference (hereinafter referred to as
the "Services" or "Work"). As a material inducement to the City entering into this Agreement,
Consultant represents and warrants that this Agreement requires specialized skills and abilities and is
consistent with this understanding, Consultant is a provider of first class work and professional services
and that Consultant is experienced in performing the Work and Services contemplated herein and, in
light of such status and experience, Consultant covenants that it shall follow the highest professional
standards in performing the Work and Services required hereunder. For purposes of this Agreement,
the phrase "highest professional standards" shall mean those standards of practice recognized as high
quality among well-qualified and experienced professionals performing similar work under similar
circumstances.
1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4)
the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively
referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's
Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference
and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal.
All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal
shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract
1 0MINAL BID
A""DIQR AGREEMF,1r
Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest
priority document, which shall be determined in the following order of priority: (1s`) the terms of this
Agreement; (2nd)the provisions of the Scope of Services (Exhibit "A'); as may be amended from time to
time; (3'd) the provisions of the City's Request for Proposal (Exhibit "B"); and, (0) the provisions of the
Consultant's Proposal (Exhibit "C").
1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall
be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances
and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all
applicable Cal/OSHA requirements.
1.4 Licenses, Permits. Fees and Assessments. Consultant represents and warrants to
City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are
legally required to practice its profession and perform the Work and Services required by this
Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and
expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification,
or approval that is legally required for Consultant to perform the Work and Services under this
Agreement. Consultant 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
Consultant's performance of the Work and Services required by this Agreement, and shall indemnify,
defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied,
assessed, or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that
Consultant (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, Consultant warrants that Consultant has or will investigate the site
and is or will be fully acquainted with the conditions there existing, prior to commencement of any
Services hereunder. Should the Consultant discover any latent or unknown conditions that will
materially affect the performance of the Services hereunder, Consultant shall immediately inform the
City of such fact and shall not proceed except at Consultant's risk until written instructions are received
from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term 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 the 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.
1.8 Performance of Services. City Manager or Director Planning Services, as provided in
Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to
order the performance of services as generally described in the Scope of Services to perform extra or
additional work beyond that specified in the Scope of Services or make changes by altering, adding to,
or deducting from such Work. No Work may be undertaken unless a written order is first given by the
City Manager or the Director of Planning Services to the Consultant, incorporating therein the
2
identification and description of the Work to be performed, a maximum or not to exceed amount for
such Work, and the time to perform this Agreement.
1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with
all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as
amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should
Consultant so employ such unauthorized aliens for the performance of any work and/or services under
this Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits,
claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands,
orders, or penalties which arise out of or are related to such employment, together with any and all
costs, including attorneys' fees, incurred by City.
2.0 COMPENSATION
2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that
the scope of services required by this Agreement will vary dependent upon the number, type, and
extent of the services or work the Consultant shall provide; and no guarantee of the extent or the type
of services required of Consultant under the terms of this Agreement is made by the City. The annual
level of services required by this Agreement is unknown, and may significantly increase or decrease
from year to year. In acknowledgement of the fact that the number and type of projects requiring the
Consultant's services has not been identified for this contract, City and Consultant hereby acknowledge
and agree that a specific "Maximum Contract Sum" shall be imposed on each separate project that the
City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate
project shall be identified as a Task Order or a Purchase Order authorized by the Director of Planning
Services or the City Manager as provided in this Section 2.1. For the services rendered pursuant to
this Agreement, the Consultant shall be compensated in accordance with the "Schedule of
Compensation" attached hereto as Exhibit "D" and incorporated herein by this reference.
The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment for
time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit
"D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation
shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone
expense, transportation expense, and all other necessary expenditures required to perform the
professional services under this Agreement. Compensation shall include the attendance of Consultant
at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to
any additional compensation for attending said meetings. Consultant 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 Consultant anticipates, and that Consultant shall not be entitled to additional
compensation therefore.
It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject
to the number and type of projects requiring the Consultant's services throughout the duration of the
term of this Agreement, if any. Consultant shall be entitled to compensation in accordance with
separate City authorized "Task Orders" (or Purchase Orders) with corresponding Not-to-Exceed
payment amounts established pursuant to the Consultant's Schedule of Hourly Billing Rates as shown
on Exhibit "D". Consultant's compensation shall be limited to the amount identified on each separate,
individually authorized Task Order corresponding to a project requiring the services of the Consultant.
By approval of this Agreement, the City Council hereby authorizes the subsequent approval of
individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required
3
services (pursuant to Schedule "D") necessary for the projects. Subject to existing cost limits
established by municipal al code.
2.2 Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment,
no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form
approved by the City's Finance Director, an invoice for services rendered prior to the date of the
invoice. Such requests shall be based upon the amount and value of the services performed by
Consultant and accompanied by such reporting data including an itemized breakdown of all costs
incurred and tasks performed during the period covered by the invoice, as may be required by the City.
City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt
of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one
payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is
requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth
with particularity all terms of such amendment, including, but not limited to, any additional professional
fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or
other work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other work product, or
work; and/or (b) to provide for additional services not included in this Agreement or not customarily
furnished in accordance with generally accepted practice in Consultant's profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement.
If such appropriations are not made, the City Manager may terminate this Agreement as provided in
Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and
Consultant shall not be entitled to payment for any work or services that Consultant may provide.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The
time for completion of the services to be performed by Consultant is an essential condition of this
Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according
to the agreed upon Schedule of Performance for each Task Order.
3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all Services within the time
period(s) established in the Schedule of Performance. When requested by Consultant, extensions to
the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract
Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the
City shall not be obligated to grant such an extension.
3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for
performance of the Services rendered pursuant to this Agreement shall be extended because of any
delays due to unforeseeable causes beyond the control and without the fault or negligence of the
Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy,
unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant,
within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the
causes of the delay. The City Manager 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
4
City Manager such delay is justified. The City Manager's determination shall be final and conclusive
upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages
against the City for any delay in the performance of this Agreement, however caused, Consultant's sole
remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement
shall continue in full force and effect for three (3) years. At the sole discretion of the City Manager, or
his designee, upon written notice to Consultant and mutual agreement, the term of this Agreement may
be extended for two (2) additional one (1) year terms.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf with
respect to the Services to be performed under this Agreement and make all decisions in connection
therewith: Kathleen Brady. It is expressly understood that the experience, knowledge, education,
capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this
Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise
the services performed hereunder. The foregoing principal may not be changed by Consultant without
prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by
the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's
responsibility to ensure that the Contract Officer is kept fully informed of the progress of the
performance of the Services, and the Consultant 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 Assignments. The experience, knowledge,
capability, expertise, and reputation of Consultant, its principals and employees, were a substantial
inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the
performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by
operation of law, without the prior written consent of City. Consultant shall not contract with any other
entity to perform the Services required under this Agreement without the prior written consent of City. If
Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for
persons directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the Work will be considered
employees of Consultant. City will deal directly with and will make all payments to Consultant. 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 consent of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of
the present ownership and/or control of Consultant, 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 Consultant or any surety of Consultant
from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
5
A. The legal relationship between the Parties is that of an independent contractor,
and nothing herein shall be deemed to make Consultant a City employee. During the performance of
this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity
and shall not act as City officers or employees. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of its officers, employees, or agents, except as set forth in this Agreement.
Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed
business location at City's offices. City shall have no voice in the selection, discharge, supervision, or
control of Consultant's employees, servants, representatives, or agents, or in fixing their number,
compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its
employees in connection with this Agreement and shall be responsible for all reports and obligations
respecting them, including but not limited to social security income tax withholding, unemployment
compensation, workers' compensation, and other similar matters. City shall not in any way or for any
purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a
member of any joint enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt, obligation, or
liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers, employees, or
agents in connection with any performance under this Agreement. Except for professional fees paid to
Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation
to Consultant for the performance of Services under this Agreement. City shall not be liable for
compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness
arising out of performing Services hereunder. If for any reason any court or governmental agency
determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8
herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants,
representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial
obligations.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, the insurance described herein for the duration of
this Agreement, including any extension thereof, or as otherwise specified herein, against claims which
may arise from or in connection with the performance of the Work hereunder by Consultant, its agents,
representatives, or employees. In the event the City Manager determines that the Work or Services to
be performed under this Agreement creates an increased or decreased risk of loss to the City, the
Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon
receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute
any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise
authorized below for professional liability (errors and omissions) insurance, all insurance provided
pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance
required hereunder shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full
force and effect throughout the term of this Agreement, standard industry form professional liability
(errors and omissions) insurance coverage in an amount of not less than one million dollars
($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in
accordance with the provisions of this section.
6
(1) Consultant shall either: (a) certify in writing to the City that Consultant is
unaware of any professional liability claims made against Consultant and is unaware of any facts which
may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification
pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement
providing that the required limits of the policy shall apply separately to claims arising from errors and
omissions in the rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy shall
be continued in full force and effect at all times during the term of this Agreement, and for a period of
three (3) years from the date of the completion of the Services provided hereunder. In the event of
termination of the policy during this period, Consultant shall obtain continuing insurance coverage for
the prior acts or omissions of Consultant during the course of performing Services under the terms of
this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in
coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other
insurance arrangements providing for complete coverage, either of which shall be subject to the written
approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence" basis, the
policy shall be continued in full force and effect during the term of this Agreement, or until completion of
the Services provided for in this Agreement, whichever is later. In the event of termination of the policy
during this period, new coverage shall immediately be obtained to ensure coverage during the entire
course of performing the Services under the terms of this Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full
force and effect throughout the term of this Agreement, workers' compensation insurance in at least the
minimum statutory amounts, and in compliance with all other statutory requirements, as required by the
State of California. Consultant agrees to waive and obtain endorsements from its workers'
compensation insurer waiving subrogation rights under its workers' compensation insurance policy
against the City and to require each of its subcontractors, if any, to do likewise under their workers'
compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's
Request for Waiver of Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of at least one million dollars
($1,000,000.00)and two million dollars ($2,000,000.00) general aggregate for bodily injury and property
damage including coverages for contractual liability, personal injury, independent contractors, broad
form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in full
force and effect throughout the term of this Agreement, a policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the amount of one million
dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for
owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force
and effect throughout the term of this Agreement, a policy of employer liability insurance written on a
per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00)for bodily injury or
disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager prior to commencing any work or services
7
under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions.
City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City
Manager may require evidence of pending claims and claims history as well as evidence of
Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in
excess of$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance
policies required of Consultant pursuant to this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary
insurance as respects City and its officers, council members, officials, employees,
agents, and volunteers. Any insurance or self-insurance maintained by the City and its
officers, council members, officials, employees, agents, and volunteers shall be in
excess of Consultant's insurance and shall not contribute with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers, council
members, officials, employees, agents, and volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to
this Agreement are intended to apply to each insured, including additional insureds,
against whom a claim is made or suit is brought to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its operations
shall limit the application of such insurance coverage.
5.3.4 None of the insurance coverages required herein will be in compliance with these
requirements if they include any limiting endorsement which substantially impairs the
coverages set forth herein (e.g., elimination of contractual liability or reduction of
discovery period), unless the endorsement has first been submitted to the City Manager
and approved in writing.
5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, or that any party will "endeavor" (as opposed to being required)
to comply with the requirements of the endorsements. Certificates of insurance will not
be accepted in lieu of required endorsements, and submittal of certificates without
required endorsements may delay commencement of the Project. It is Consultant's
obligation to ensure timely compliance with all insurance submittal requirements as
provided herein.
5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the
Project who are brought onto or involved in the Project by Consultant, provide the same
minimum insurance coverage required of Consultant. Consultant agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage
is provided in conformity with the requirements of this section. Consultant agrees that
upon request, all agreements with subcontractors and others engaged in the Project will
be submitted to the City for review.
5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the
City to inform Consultant of non-compliance with any insurance requirement in no way
imposes any additional obligations on the City nor does it waive any rights hereunder in
this or any other regard.
8
5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during
the term of this Agreement have been renewed or replaced with other policies providing
at least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. Endorsements as required in this Agreement applicable to
the renewing or new coverage shall be provided to City no later than ten (10) days prior
to expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained in this section
are not intended as limitations on coverage, limits, or other requirements nor as a waiver
of any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue, and is
not intended by any party or insured to be limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this section.
5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the Work performed under this Agreement and for any other
claim or loss which may reduce the insurance available to pay claims arising out of this
Agreement. City assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they are likely to
involve City, or to reduce or dilute insurance available for payment of potential claims.
5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in
any way the extent to which the Consultant may be held responsible for the payment of
damages resulting from the Consultant's activities or the activities of any person or
person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized
insurers in good standing with the State of California. Coverage shall be provided by insurers admitted
in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such
requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage.Consultant shall furnish City with both certificates of insurance
and endorsements, including additional insured endorsements, affecting all of the coverages required
by this Agreement. The certificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City
before work commences. City reserves the right to require Consultant's insurers to provide complete,
certified copies of all required insurance policies at any time. Additional insured endorsements are not
required for Errors and Omissions and Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto
Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability
Insurance Coverage with an approved Additional Insured Endorsement with the following
endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured_.." ("as respects City of Palm Springs Contract No.—. or "for any and all work
performed with the City"may be included in this statement).
9
2. "This insurance is primary and non-contributory over any insurance or self-insurance the
City may have..." ("as respects City of Palm Springs Contract No._" or "for any and all work
performed with the City' may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration date
thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."
Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company, its agents or representative" is not acceptable and must be
crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain the
insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and
volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate
holder on the policies. All certificates of insurance and endorsements are to be received and approved
by the City before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Consultant's obligation to provide them.
6. INDEMNIFICATION
6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees,
agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities,
actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages,
demands, orders, penalties, and expenses including legal costs and attorney fees (collectively
"Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's
employees included), for damage to property, including property owned by City, from any violation of
any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant,
ttqq i officers, employees, representatives, and agents, that arise out of or relate to Consultant's
etormance under this Agreement. This indemnification clause excludes Claims arising from the sole
v Anegligence or willful misconduct of the City, its elected officials, officers, employees, agents, and
volunteers. Under no circumstances shall the insurance requirements and limits set forth in this
b Agreement be construed to limit Consultant's indemnification obligation or other liability under this
Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of
this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully
and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action
is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party
to this Agreement.
6.2 Design Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Consultant is a "design
professional" under California Civil Code Section 2782.8, then:
A.To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole
cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents
and volunteers and all other public agencies whose approval of the project is required, (individually
"Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments,
arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including
but not limited to Claims arising from injuries or death of persons (Consultant's employees included)
10
and damage to property, which Claims arise out of, pertain to, or are related to the negligence,
recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise
from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision,
covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified
Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful
misconduct of the City and its elected officials. Officers, employees, agents and volunteers.
B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures,
including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified
Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant
shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the
Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not
Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise
out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim
and the facts known or subsequently discovered by the Parties. Consultant's indemnification obligation
hereunder shall survive the expiration or earlier termination of this Agreement until all actions against
the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the
applicable statute of limitations or, if an action is timely filed, until such action is final.
C. The Consultant shall require all non-design-profession sub-contractors, used or sub-
contracted by Consultant to perform the Services or Work required under this Agreement, to execute an
Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the
Indemnified Parties. In additions, Consultant shall require all non-design-professional sub-contractors,
used or sub-contracted by Consultant to perform the Services or Work required under this Agreement,
to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as
well as any other insurance that may be required by Contract Officer.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts
of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant
shall keep such books and records as shall be necessary to properly perform the Services required by
this Agreement and to 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 reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports.Consultant 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. Consultant hereby acknowledges that the City is greatly concerned about the cost of the
Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will
materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant
is providing design services, the cost of the project being designed, Consultant shall promptly notify the
Contract Officer of such fact, circumstance, technique, or event and the estimated increased or
decreased cost related thereto and, if Consultant is providing design services, the estimated increased
or decreased cost estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents,
memoranda, correspondence, computations, and other materials prepared by Consultant, its
employees, subcontractors, and agents in the performance of this Agreement shall be the property of
City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination
of this Agreement, and Consultant shall have no claim for further employment or additional
11
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
incomplete documents without specific written authorization by the Consultant will be at the City's sole
risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages
resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall
have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its
subcontractors shall provide for assignment to City of any documents or materials prepared by them,
and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all
damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and
other materials prepared by Consultant in the performance of services under this Agreement shall not
be released publicly without the prior written approval of the Contract Officer. All information gained by
Consultant in the performance of this Agreement shall be considered confidential and shall not be
released by Consultant without City's prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the
regular business hours of City, Consultant shall provide City, or other agents of City, such access to
Consultant's books, records, payroll documents, and facilities as City deems necessary to examine,
copy, audit, and inspect all accounting books, records, work data, documents, and activities directly
related to Consultant's performance under this Agreement. Consultant shall maintain such books,
records, data, and documents in accordance with generally accepted accounting principles and shall
clearly identify and make such items readily accessible to such parties during the term of this
Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue.This Agreement shall be construed and interpreted both as
to validity and as 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 Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposes of the Parties. The terms of
this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule
of construction of contracts (including, without limitation, California Civil Code Section 1654) that
ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of
this Agreement. The caption headings of the various sections and paragraphs of this Agreement are
for convenience and identification purposes only and shall not be deemed to limit, expand, or define the
contents of the respective sections or paragraphs.
8.3 Termination. City may terminate this Agreement for its convenience at any time,
without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such
notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt
of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice
provides otherwise. Thereafter, Consultant shall have no further claims against the City under this
Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the
City an invoice for work and services performed prior to the date of termination. In addition, the
Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty
(60) days written notice to the City, except that where termination is due to material default by the City,
12
the period of notice may be such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant's failure to comply with any provision of this Agreement shall
constitute a default.
B. If the City Manager, or his designee, determines that Consultant is in default in
the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in
writing of such default. Consultant shall have ten (10) days, or such longer period as City may
designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to
cure its default within such period of time, City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice of any
remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be
liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the
provisions of this section shall not constitute a waiver of any City right to take legal action in the event
that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to Section 8.3.
C. If termination is due to the failure of the Consultant to fulfill its obligations under
this Agreement, City may, after compliance with the provisions of Section 8.4.13, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the
extent that the total cost for completion of the Services required hereunder exceeds the Maximum
Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and
City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the
amounts owed the City as previously stated. The withholding or failure to withhold payments to
Consultant shall not limit Consultant's liability for completion of the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing
and signed by a duly authorized representative of the Party against whom enforcement of a waiver is
sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term
contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default
or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the
covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this
Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.
8.6 Riahts and Remedies 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.
8.7 Lenal 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.
8.8 Attorney Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in
addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable
costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court
costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered
13
in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or
petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or
hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees.No officer or employee of the City shall
be personally liable to the 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 the Consultant or to its successor, or for
breach of any obligation of the terms of this Agreement.
9.2 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/she is, directly or indirectly, interested in violation of any state
statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third
party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this
Agreement, Consultant shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall
ensure that applicants are employed, and that employees are treated during their employment, without
regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permissible under law, and in lieu of any other warranty by
City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that
Consultant shall defend at its expense any claim or suit against City on account of any allegation that
any item furnished under this Agreement, or the normal use or sale thereof arising out of the
performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright
and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that
Consultant is promptly notified in writing of the suit or claim and given authority, information and
assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out
of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant.
However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a
deliverable, such that City's alteration of such deliverable created the infringement upon any presently
existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other
material not provided by Consultant when it is such use in combination which infringes upon an existing
U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all
negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any
settlement made without Consultant's consent or in the event City fails to cooperate in the defense of
any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or
sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall
obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City
14
and extend this patent and copyright indemnity thereto.
10.2 Notices. All notices or other communications required or permitted hereunder shall be
in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or
certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached
evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of
delivery to the address of the person to receive such notice if delivered personally or by messenger or
overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if
by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other
communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or
delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages
are not acceptable manners of notice required hereunder. Notices or other communications shall be
addressed as follows:
To Citv: City of Palm springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: BonTerra Psomas
Attention: Kathleen Brady, Vice President
225 South Lake Avenue, Suite 1000
Pasadena, CA 91101
Telephone: (626) 351-2000
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties and supersedes all prior negotiations, arrangements, agreements, representations, and
understandings, if any, made by or among the Parties with respect to the subject matter hereof. No
amendments or other modifications of this Agreement shall be binding unless executed in writing by
both Parties hereto, or their respective successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted
in such a manner as to be effective and valid under applicable law, but if any provision of this
Agreement shall be determined to be invalid by a final judgment or decree of a court of competent
jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without
invalidating the reminder of that provision, or the remaining provisions of this Agreement 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.
10.5 Successors in Interest.This Agreement shall be binding upon and inure to the benefit
of the Parties' successors and assignees.
10.6 Third Party Beneficiary.Except as may be expressly provided for herein, nothing
contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring,
any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any
entity or person not a party hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement
15
as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for
purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the
Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is
duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is
signing, (iii) by so executing this Agreement, the Party for which he or she is signing 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 the Party for which he or she is signing is bound.
(SIGNATURES ON FOLLOWING PAGE)
16
IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day
and year first above written.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS, CA
By
/ City Clerk City Mangy
Date: 0"1/c.=4b -o �` �' Date:
APPROVED BY CITY COL'N 1CIL
APPROVED ;FORM: APPROVED BY CITY COUNCIL: hlmo4 �V'
By Date: Agreement No.
Fay Attorney
Date: 01•y Z (L
CONSULTANT
Name: BonTerra Psomas
Check one: _Individual _Partnership_Corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board,
President, or any Vice President. The second signature must be from the Secretary, Assistant
Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
Address: 225 South Lake Avenue, Suite 1000
Pasadena, CA 91101
By: By:
Signature (notarized) Signature (notarized)
Name: /��Mjk&K 13rnA!21 Name: Qf-WV1c,- (aWM6ec-K
Title:—P L ,445/f.,.�rL� Title:
17
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
county of Ca n A Q/ �- �� 1 1
On- e ) jq_ beforeme, ___.JUGkIQ. L . Stech-k�L , Nr4r,L.,ruR ltL
ma rk,1Faen .mewlwf.of,a. ®r
personally appeared K0041keen
who proved to me on the basis of satisfactory eviclance to
be the person(s) whose name(s) Ware subscribed to the
within Instrument and acknowledged to me that
he/she/they w acuted the same in hisllher/their authorized
capacity(ies), and that by hi&bw/their signatures) on the
Instrument the person(e), or the entity upon behalf of
which the person(s)acted,executed the(nshuxraiL
JACKIE L.SLECNTA
Caead"Ift•1SOOS/6 1 certify under PENALTY OF PERJURY under the laws
No"PWSe-CaSimda of the State of California that the foregoing paragraph is
OMP CON" true and correct.
Canm.j=Ava 21 2011
WITNESS my h /ncl a/ndd�official al.
hie Wby SaW AWA :s'IgnatUre •-`' 9 n�
OP77ONAL
Trough the inforrnatan balowis not requW by rear ft may prow wk aNs to pethsons relying on 9re docvmera
and could prowN rraa&AgW removal and reataohrnent of 908 loan to anoOW otta MW*.
Description of Attached Document
Title or type o1 Dooument:
Document Date: Number of Pages:
Signers)Other Than Named Above:
Capacity(les)Claimed by Signer(s)
Signers Name: Signer's Name:
❑ Individual ❑individual
❑ Corporate Officer—Tltle(s): ❑Corporate Officer—Tille(s):
O Partner—L1 Urnited ❑General ❑ Partner—❑UmNed ❑General
Ll Attorney in Fact ❑Attorney in Feet
❑ Trustee Top of thumb here Trustee Top of tlrtnrfa Aare
❑ Guardian or Conservator El or Conservator
❑ Other. ❑Other:
Signer Is Representing: Signer Is Representing:
C2 NAO=l N""AV1O* n-6Mhho smo&u .MOM 26n2.f2emavnh.CA Blsrseaoe.ww.uAttiauNOWyo,9 Yin Y9ear ReaO6r.QdTa1kReeet-0eha7"W
18
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE§ 7189
C
State of California
Countyof-Los Angeles
On 06/26 12014 before me, Jamie C. Couch, Notary Public
Date
Here Insert Name and Title of the offleer '
personally appeared Debra Lambeck
Names)of Signegs)
who proved to me on the basis of satisfactory
evidence to be the personN ) whose nameN ) is/sr,
subscribed to the within instrument and acknowledged
to me that •he/she/NQy executed the same in
Tis/her7thQir authorized capacity(Ts,�), and that by
'h!g/herfthejr signatureN on the instrument the
personN, or the entity upon behalf of which the
jam . COUCN 200Y7{5 person(' acted, executed the instrument.
CaanYttien 1
Nlbry NIANp-CMNerow
LaIMpftCft* I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
Paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Place Notary Seal Above igna[ure of Notary lic
OPTIONAL -
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s):_ ❑Corporate Officer — Title(s):
❑ Individual ❑Individual _
❑ Partner —❑Limited ❑General rop of thumb Here ❑ Partner — ❑Limited ❑General
❑ Attorney in Fact rep of thumb here
❑Attorney in Fact
❑ Trustee
❑Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
I
Signer Is Representing: Signer Is Representing:
�� _•e.,e..v�e � .. `=R.�`6 y �.._v�Le=G�'[J��SSE>GresU�'�'k.." �. -�
U32010 National Notary Association•NalionalNo[ary.org•1-800-US NOTARY(1-800-8]6-682]J � �,
Item#590]
18—A
EXHIBIT "A"
SCOPE OF SERVICES
The City exclusively reserves the right to select and assign a firm (or firms if desired) for each project
as it determines is in the best interest of the City and the specific project. There is no guarantee of
work, nor is there any implied or promised rotation method for project assignments.
The SCOPE OF SERVICES and principal responsibilities may include, but are not limited to, the
following (all services may or may not be necessary on each project):
All responsibilities of Lead Agency including:
1. Preliminary Review
2. Preparation of Initial Study
3. Determination of significance of environmental effects
4. Establishing thresholds of Significance
5. Making Mandatory Findings of Significance
Following decision to prepare a Negative or Mitigated Negative Declaration:
1. Prepare Notice of Intent (NOI)
2. Provide NOI to all parties as required by CEQA; document
3. Prepare ND/MND and submit to City for review
4. Prepare and circulate Notice of Availability
5. Be available to present at Planning Commission and City Council meetings, if
necessary
6. File Notice Of Determination
Following determination that an Environmental Impact Report is required:
The EIR's shall meet all the requirements set forth in the California Environmental Quality Act (Public
Resources Code 21000 et seq.) and the State CEQA guidelines (California Code of Regulations,
section 15000 et seq.).
Identified impacts shall be designated as significant or insignificant pursuant to the criteria of CEQA and
the State CEQA Guidelines, and any thresholds or criteria used by the County. Indirect or secondary
impacts of the project shall also be discussed and mitigation measures recommended.
Mitigation measures should be described in detail and should be specific to the project. Two types of
mitigation measures should be recommended: measures addressing impacts related to the primary
impacts; and measures addressing impacts related to the secondary impacts associated with the
proposed project.
The alternatives analysis, while mostly a qualified effort, shall make all efforts to use or cite existing
applicable detailed information to make for as meaningful a comparison as possible to the proposed
project.
It will be the responsibility of the successful firm(s) or consultant(s) to determine the necessary staffing
level required to perform the scope of services. The City will NOT provide dedicated work space or
office space, city staff or city resources, printing or copying services, or clerical assistance in the
19
EXHIBIT "A"
SCOPE OF SERVICES
performance of this agreement. The City reserves the right to perform any portion of the scope of work
with City personnel and/or by other Consultants.
A comprehensive mitigation monitoring and reporting program, pursuant to Public Resources Code
section 2108.6 shall be developed for applicable mitigation measures. The monitoring program shall
incorporate both monitoring by the county and reporting by the developer, with subsequent report
verification by on-site inspection, if necessary.
The consultant shall be available for a "kick off' meeting and to meet with one or more of the City staff
when given advance notice.
The consultant shall anticipate attending two (2) scoping meetings (one before EIR work begins and
one during Public Review period), and two (2) public hearings. The consultant shall be prepared to
respond to questions, make presentations and/or participate in an advisory capacity during these
meetings/hearings.
The format for all text documents, tables, charges, and illustrations shall be 8 1/2" x 11" vertical. If
oversize inclusions are necessary, they will be 11" x 17". Document covers for all related documents
shall be coordinated so they appear as a "set". As much of the technical information as possible shall
be placed in the appendices. Duplication of information of the EIR shall be avoided as much as
possible. All hard copy administrative drafts, drafts, and final documents shall be two-sided, black ink,
on white or light recycled stock paper.
20
EXHIBIT "B"
CITY'S REQUEST FOR PROPOSALS
CITY'S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE
21
CITY OF PALM SPRINGS, CA
NOTICE INVITING REQUEST FOR PROPOSALS
For
ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES
(RFP 15-14)
NOTICE IS HEREBY GIVEN that Request for proposals (RFP 15-14), for providing On-Call
Environmental Assessment (CEQA) Services for the City of Palm Springs, CA will be received
at the Office of Procurement & Contracting, City Hall, 3200 East Tahquitz Canyon Way, Palm
Springs, California, until 3:00 P.M. Local Time, THURSDAY, MARCH 27, 2014. Proof of
receipt before the deadline is a City of Palm Springs, Division of Procurement and Contracting
time/date stamp. It is the responsibility of the Proposer to see that any proposal sent through
the mail, or by any other delivery method, shall have sufficient time to be received by the
Procurement Office prior to the proposal due date and time. Note that City Hall is open Monday
thru Thursday and is closed every Friday, weekends and holidays. Late proposals will be
returned unopened.
DESCRIPTION OF WORK: The work is comprised of providing on-call, as-needed professional
Environmental Assessment (CEQA) services for various private and public sector development
projects located throughout the City. It is expected that multiple firms will be selected in this
process and will be on-call for up to a five (5) year period.
OBTAINING RFP DOCUMENTS AND REGISTRATION:
The RFP document may be downloaded via the intemet at the following direct page link
http://www.i)almsi)rings-ca.gov/index.aspx?pane=85 (or by visiting www.palmspringsca.gov
and clicking on Government, then Departments, then Procurement and then open Bids and
Proposals). Upon downloading the document it is IMPERATIVE that you contact Cheryl Martin,
Procurement Specialist I, via email at Cheryl.Marti n(a)palmspringsca.gov or by phone at (760)
322-8373 to officially register for this specific project with your company name, address,
phone, fax, contact person and email address. Failure to officially register may result in not
receiving addenda to the RFP. Failure to acknowledge addenda to the RFP may render your
proposal as non-responsive.
SELECTION PROCESS AND AWARD OF CONTRACT: This solicitation has been developed
in the Request for Proposals (RFP) format. Accordingly, firms should take note that multiple
factors as identified in the RFP will be considered by the Evaluation Committee to determine
which proposal(s) best meet the requirements set forth in the RFP document. PRICE IS NOT
EVALUATED AS PART OF THE EVALUATION CRITERIA. The City reserves the right to
negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be
made by the Palm Springs City Council. The selected firm(s) will be required to comply with all
insurance and license requirements of the City.
All expenses associated with the preparation, submission of an RFP proposal to the City, or
participation in any presentations, interviews or any other element of the RFP process shall be
the sole financial responsibility of the Proposer.
Craig L. Gladders, C.P.M.
Procurement and Contracting Manager
1
OF PALM SA
u �
CITY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS # 15-14
ON-CALL ENVIRONMENTAL ASSESSMENT SERVICES (CEQA)
Request for proposals (RFP 15-14), for as needed, on-call, Environmental Assessment Services
to the City of Palm Springs, CA will be received at the Office of Procurement & Contracting,
3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME,
THURSDAY, MARCH 27, 2014. It is the responsibility of the Proposer to see that any proposal
sent through the mail, or any other delivery method, shall have sufficient time to be received by
this specified date and time. The receiving time in the Procurement Office will be the governing
time for acceptability of RFP proposals. Telegraphic, telephonic, faxed, emailed or other
electronic or media transmission of RFP proposals will not be accepted. Late RFP proposals
will be returned unopened. Failure to register as a Proposer to this RFP process per the
instructions in the Notice Inviting Request for Proposals (under "Obtaining RFP Documents")
may result in not receiving Addenda or other important information pertaining to this process.
Failure to acknowledge Addenda may render a proposal as being non-responsive. We
stroncily advise that interested firms officially register per the instructions provide in the Notice.
1. BACKGROUND INFORMATION AND GENERAL DESCRIPTION
The City is seeking proposals from qualified professional Environmental Assessment firms to
establish a list of on-call firms to work on a variety of CEQA compliance assessments for private
and public sector development applications submitted to the City. The city anticipates that
projects will range from significant resort hotels with adjoining retail, recreation and residential
components to single-family subdivisions. The City seeks firms capable of preparing Initial
Studies, Negative Declarations, Mitigated Negative Declarations or Environmental Impact
Reports on private development projects submitted for city review. City projects at its facilities
including the Palm Springs International Airport may also be the subject of review.
Firms must have thorough knowledge of current CEQA and NEPA regulations. All impacts
including multi-species habitat, air quality, traffic, water quality, noise, greenhouse gas
emissions, archeology and regional impacts must be thoroughly assessed and quantified and
innovative, creative mitigation proposed. Full consideration of sustainability principles relevant
to California and the Coachella Valley shall be employed.
Firms shall be expected to assist with noticing and filings. Firms may be required to attend
Planning Commission and City Council meetings to defend their work.
The preparation of sound, defensible environmental assessments is the goal, but also critical is
the timely completion thereof. The City will be looking to find firms that have full technical
2
capabilities to handle the most complex cases and other firms capable of analyzing less
complex projects.
The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of
over 48,000. The City exclusively reserves the right to select and assign a successful
firm from the RFP process (or firms if desired) for each project as it determines is in the
best interest of the City and the specific project. As the projects remain unapproved at
this time and will vary in size and scope, there is no guarantee of work nor is there any
implied or promised rotation method for project assignments.
2. PROJECT OBJECTIVE AND SCHEDULE
The objective of this solicitation is to hire a firm(s) or individual(s) to provide, on an as-needed
basis, environmental assessment services for various projects on behalf of the City.
These services are expected to be required over the next five-year period and a contract(s)
shall be negotiated for whatever term is determined to be in the best interests of the City.
RFP SCHEDULE
Notice for Request for proposals posted and issued .................. Wednesday, February 26, 2014
Deadline for receipt of Questions..............................3:00 P.M., Wednesday, March 19, 2014
Deadline for receipt of Proposals..................................3:00 P.M., Thursday, March 27, 2014
Short List/ Interviews, Nf desired by City........................................................... to be determined
Contract awarded by City Council...................................................................... to be determined
NOTE. There will NOT be a pre-proposal conference for this procurement
"Dates above are subject to change.
3. SCOPE OF SERVICES
The SCOPE OF SERVICES and principal responsibilities may include, but are not limited to, the
following (all services may or may not be necessary on each project):
All responsibilities of Lead Agency including:
1. Preliminary Review
2. Preparation of Initial Study
3. Determination of significance of environmental effects
4. Establishing thresholds of Significance
5. Making Mandatory Findings of Significance
Following decision to prepare a Negative or Mitigated Negative Declaration:
1. Prepare Notice of Intent (NOI)
2. Provide NOI to all parties as required by CEQA; document
3. Prepare ND/MND and submit to City for review
4. Prepare and circulate Notice of Availability
5. Be available to present at Planning Commission and City Council meetings, if
necessary
6. File Notice Of Determination
Following determination that an Environmental Impact Report is required:
3
The EIR's shall meet all the requirements set forth in the California Environmental Quality Act
(Public Resources Code 21000 et seq.) and the State CEQA guidelines (California Code of
Regulations, section 15000 et seq.).
Identified impacts shall be designated as significant or insignificant pursuant to the criteria of
CEQA and the State CEQA Guidelines, and any thresholds or criteria used by the County.
Indirect or secondary impacts of the project shall also be discussed and mitigation measures
recommended.
Mitigation measures should be described in detail and should be specific to the project. Two
types of mitigation measures should be recommended: measures addressing impacts related
to the primary impacts; and measures addressing impacts related to the secondary impacts
associated with the proposed project.
The alternatives analysis, while mostly a qualified effort, shall make all efforts to use or cite
existing applicable detailed information to make for as meaningful a comparison as possible to
the proposed project.
It will be the responsibility of the successful firm(s) or consultants) to determine the necessary
staffing level required to perform the scope of services. The City will NOT provide dedicated
work space or office space, city staff or city resources, printing or copying services, or clerical
assistance in the performance of this agreement. The City reserves the right to perform any
portion of the scope of work with City personnel and/or by other Consultants.
A comprehensive mitigation monitoring and reporting program, pursuant to Public Resources
Code section 2108.6 shall be developed for applicable mitigation measures. The monitoring
program shall incorporate both monitoring by the county and reporting by the developer, with
subsequent report verification by on-site inspection, if necessary.
The consultant shall be available for a "kick off' meeting and to meet with one or more of the
City staff when given advance notice.
The consultant shall anticipate attending two (2) scoping meetings (one before EIR work begins
and one during Public Review period), and two (2) public hearings. The consultant shall be
prepared to respond to questions, make presentations and/or participate in an advisory capacity
during these meetings/hearings.
The format for all text documents, tables, charges, and illustrations shall be 8 1/2" x 11" vertical.
If oversize inclusions are necessary, they will be 11" x 17". Document covers for all related
documents shall be coordinated so they appear as a "set". As much of the technical information
as possible shall be placed in the appendices. Duplication of information of the EIR shall be
avoided as much as possible. All hard copy administrative drafts, drafts, and final
documents shall be two-sided, black ink, on white or light recycled stock paper.
If sub consultant firms are used for typical urban development projects assessment anticipated
to be submitted to the City of Palm Springs, identify them and provide hourly rates.
4. PRIOR CITY WORK If your firm has prior experience working with the City DO NOT
assume this prior work is known to the evaluation committee. All firms are evaluated solely on
the information contained in their proposal, information obtained from references, and
presentations if requested. All proposals must be prepared as if the evaluation committee has
no knowledge of the firm, their qualifications or past projects.
4
5. SELECTION PROCESS AND EVALUATION CRITERIA
The City of Palm Springs is utilizing a Qualifications Based Selection process to select a firm to
provide the professional services requested by this RFP. The City shall review the proposals
submitted in response to this RFP, and a limited number of firms may be invited to make a
formal presentation at a future date, if desired by the City. The format, selection criteria and
date of the presentation will be established at the time of short listing. Preparation of proposals
in reply to this RFP, and participation in any future presentation is at the sole expense of the
firms responding to this RFP.
This solicitation has been developed in the "Request for Proposals" (RFP) format. Accordingly,
firms should take note that the City will consider multiple criteria in selecting the most qualified
firm(s). Consistent with Federal, State and Local laws for the acquisition of professional
services, price is NOT an evaluation criteria. Cost proposals submitted in separate sealed
envelopes are not opened, nor considered during proposal evaluations. Upon selection of the
most qualified firm(s), the associated cost proposal will be used as a basis for contract
negotiations. Contracts shall be negotiated on the basis of the submitted Cost Proposal, and in
consideration of reasonable and mutually agreed project costs and time requirements. Should
successful negotiations not occur with the highest ranked firm(s), the City may, at its sole
discretion, choose to enter into negotiations with the other firms in descending ranking order, if
so desired.
Firms are requested to submit their proposals so that they correspond to and are identified with
the following specific evaluation criteria:
A. Firm Qualifications, Experience and Background (35 POINTS):
B. Understanding CEQA processes (40 POINTS):
C. References and Experience with Projects of Similar Size and Scope (20 POINTS):
D. Local Expertise Demonstrated on the Team (5 POINTS):
Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid
business license as more fully set forth in Section DA below, pursuant to the City of Palm
Springs Local Preference Ordinance 1756). The full local preference, five (5) points, will
be awarded to those that qualify as a Local Business. Two (2) points will be awarded to a
non-local business that employs or retains local residents and/or firms for this project.
Non-local firms that do not employ or retain any local residents and/or firms for this project
shall earn zero (0) points for this criteria.
6. PROPOSAL CONTENTS AND SPECIAL CONDITIONS
Firms are requested to format their proposals so that responses correspond directly to, and are
identified with, the specific evaluation criteria stated in Section 5 above. The proposals must
be in an 8 % X 11 format, may be no more than a total of twenty five (25) sheets of paper,
double sided is OK, which shall include a cover letter, an organization chart, staff resumes and
any appendices. NOTE: Dividers, Attachment "A", Addenda acknowledgments, and the Cost
Proposal (`in a separate sealed envelope) do NOT count toward the 25 sheets of paper limit.
Interested firms shall submit SIX (6) copies (one marked "Original' plus five copies) of
both your Technical/Work Proposal and your Cost Proposal by the deadline.
All proposals shall be sealed within one package and be clearly marked, 'RFP 15-14,
REQUEST FOR PROPOSALS FOR ON-CALL ENVIRONMENTAL CONSULTING (CEQA)
SERVICES". Within the sealed proposal package, the Cost Proposal shall be separately sealed
from the Qualifications/Work Proposal. Proposals not meeting the above criteria may be
found to be non-responsive.
Each proposal package must include two separately sealed envelopes:
5
ENVELOPE #1, clearly marked "QualificationsMork Proposal", shall include the
following items:
• Completed Signature authorization and Addenda Acknowledgment (see Attachment A)
• Your response to the evaluation Criteria A through D as provided below.
ENVELOPE #2, clearly marked "Cost Proposal", shall include the following item:
• List the hourly rate for all classifications of personnel who may work on a Project for the City
of Palm Springs.
• List the hourly rate for all classifications of personnel of sub consultants.
• List any reimbursable expenses the City may incur.
• List any additional costs, such as drive time, that the City may incur in conjunction with the
performance.
• Do NOT include Attachment "A" in the Cost Proposal envelope. Attachment "A" is to
be included in Envelope#1, QualificationsMork Proposal.
At a minimum, firms must provide the information identified below. All such information shall be
presented in a form that directly corresponds to the numbering scheme identified below.
SECTION A: FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND
BACKGROUND
A.1 State your firm's complete name, type of firm (individual, partnership, corporation or
other), telephone number, FAX number, contact person and E-mail address. If a corporation,
indicate the state the corporation was organized under.
A.2. State the name and title of the firm's principal officer with the authority to bind your
company in a contractual agreement.
A.3 Describe your firm's background and qualifications in the type of effort that this project will
require, specifically identifying experience with providing environmental assessment services for
public agencies.
A.4 List the name, qualifications and availability of the key staff/team members that will be
assigned to this project. Provide detailed qualifications of the lead Representative or Project
Manager that will be assigned to this project.
A.5 Indicate the name of any sub-consultant firms that will be utilized to make up your team.
Describe each sub-consultant's background and specific expertise that they bring to this project,
SECTION B: UNDERSTANDING CEQA AND NEPA REQUIREMENTS AND PROCESSES
B.1 Describe in detail the steps that your firm would follow to provide environmental
assessment services, including your work plan process and methodology.
B.2 Identify your ability to ensure that projects are completed within your client's budget and
the measures taken in successfully completing all phases of a project.
B.3 Identify project management tools you propose to use to keep both your own staff on
track and the City staff cognizant of current project status.
6
BA Identify an EIR, carried out in a desert environment, for which your firm and the staff
proposed for this contract provided environmental assessment services, and describe how you
applied your firm's skills and abilities in the following areas:
(a) Responsiveness and attentiveness to client needs;
(b) Creative ability;
(c) Knowledge and understanding of the latest CEQA requirements;
(d) Analytical capability;
(e) Oral and written communication skills;
(f) Interaction with client's organization, i.e., other divisions and personnel
(g) Sensitivity to funding constraints
SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND
SCOPE
CA Provide a minimum of three (3) references for recently completed environmental
assessment services for projects of a similar size and scope where the key personnel identified
above provided the professional services required. At least two (2) of the references shall be for
public/government agency projects, preferably in a desert climate. Provide contact information,
including full name and a current phone number, for each project identified.
C.2 For the representative successful projects completed, explain what key issues/challenges
you faced and how you solved them. Also, please comment on the project budgeting for each.
SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM
DA Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding
contracts for services, including consultant services, preference to a Local Business shall be
given whenever practicable and to the extent consistent with the law and interests of the public.
The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid
physical business address located within the Coachella Valley, at least six months prior to bid or
proposal opening date, from which the vendor, contractor, or consultant operates or performs
business on a day-to-day basis, and holds a valid business license by a jurisdiction located in
the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the
south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino
Mountains on the east and north. For the purposes of this definition, "Coachella Valley"
includes the cities of Beaumont and Banning and the unincorporated areas between Banning
and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the
purpose of establishing such physical address.
The contractor or consultant will also to the extent legally possible, solicit applications for
9 Y P Pp
employment and proposals for subcontractors and sub consultants for work associated with the
proposed contract from local residents and firms as opportunities occur and hire qualified local
residents and firms whenever feasible.
In order for a business to be eligible to claim the preference, the business MUST request the
preference in the Solicitation response (see Attachment A) and provide a copy of its
current business license (or of those it employs for this project) from a jurisdiction in the
Coachella Valley with its proposal.
D.2 List all team members with local expertise. Clearly define their role in the overall project.
7
DEADLINE FOR SUBMISSION OF PROPOSALS: All proposals must be received in the City
of Palm Springs, Division of Procurement and Contracting office by 3:00 P.M., LOCAL TIME,
THURSDAY, MARCH 27, 2014. Proof of receipt before the deadline is a City of Palm Springs,
Division of Procurement and Contracting time/date stamp. It is the responsibility of the
Proposer to see that any proposal sent through the mail, or by any other method, shall have
sufficient time to be received by the Procurement Office prior to the proposal due date and time.
Late proposals will be returned to the Proposer unopened. Proposals shall be clearly
marked and identified and must be submitted in a sealed package to:
City of Palm Springs
Division of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Craig L. Gladders, C.P.M., Procurement & Contracting Manager
PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY, AND
THEREFORE IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY PROPOSALS ON
FRIDAYS (OR WEEKENDS AND HOLIDAYS). PLEASE TAKE THIS INTO CONSIDERATION
WHEN DELIVERING A PROPOSAL BY THE DUE DATE AND TIME AS DEFINED IN THIS
DOCUMENT.
QUESTIONS?: Proposers, their representatives, agents or anyone else acting on their behalf
are specifically directed NOT to contact any city employee, commission member, committee
member, council member, or other agency employee or associate for any purpose related to
this RFP other than as directed below. Contact with anyone other than as directed below
WILL be cause for rejection of a proposal.
ANY questions, technical or otherwise, pertaining to this request for Request for
proposals must be submitted IN WRITING and directed ONLY to:
Craig L. Gladders, C.P.M.
Procurement & Contracting Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
via FAX (760) 323-8238
or via EMAIL: Craiq.Gladders i)almsoringsca.gov
Interpretations or clarifications considered necessary in response to such questions will be
resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is
3:00 P.M., Local Time, Wednesday, March 19, 2014. Questions received after this date and
time may not be answered. Only questions that have been resolved by formal written Addenda
via the Division of Procurement and Contracting will be binding. Oral and other interpretations
or clarifications will be without legal or contractual effect.
FORM OF AGREEMENT: The successful firm(s) will be required to enter into a contractual
agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance
with the standard Professional Services Agreement — provided as Attachment "B" hereto.
Please note that the Exhibits in the sample contract are intentionally not complete and will be
negotiated with the selected firm and will appear in the final Professional Services Agreement
executed between the parties. Any exceptions to the language contained in the RFP
document, sample agreement, including the Insurance Requirements, MUST be included in the
proposal and clearly defined and may be considered in the evaluation process.
8
Failure or refusal to enter into an Agreement as herein provided, or to conform to any of the
stipulated requirements in connection therewith, shall be just cause for an annulment of the
award. If the highest ranked firm refuses or fails to execute the Agreement, or negotiations are
not successful, the City may, at its sole discretion, enter negotiations with and award the
Contract to the second highest ranked firm, and so on.
AWARD OF CONTRACT: It is the City's intent to award multiple contracts to firms that can
provide the on-call services identified in the RFP document. However, the City reserves the
right to award a contract to multiple Proposers or to a single Proposer, or to make no award,
whichever is in the best interest of the City. It is anticipated that award of the contract will occur
at the next regularly scheduled City Council meeting after the evaluation committee has made
its final selection of the firm(s) to be recommended for award and a contract has been
negotiated and agendized for consideration. The decision of the City Council will be final. The
City exclusively reserves the right to select and assign a successful firm from the RFP
process (or rirms if desired) for each project as it determines is in the best interest of the
City and the specific project. As the projects remain unapproved at this time and will
vary in size and scope, there is no guarantee of work nor is there any implied or
promised rotation method for project assignments.
Please note: this RFP does not necessarily identify each specific, individual task required to
successfully and completely implement this proposed scope of services. The City of Palm
Springs relies on the professionalism and competence of the selected firm to be knowledgeable
of the general areas identified in the scope of work and to consider in its proposal all materials,
equipment, required tasks and subtasks, personnel commitments, man-hours, labor, direct and
indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's
agreement which do not involve a substantial change from the general scope of work identified
in this RFP and the resulting final negotiated scope and pricing.
INSURANCE: Insurance provisions are contained in the Professional Contract Services sample
agreement included in the RFP. The successful Proposer will be required to comply with these
provisions. It is recommended that Proposers have their insurance provider review the
insurance provisions BEFORE they submit their qualifications.
RESPONSIBILITY OF PROPOSER: All proposers shall be responsible. If it is found that a
proposer is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP
without an authorized signature, falsified any information in the proposal package, etc.), the
proposal shall be rejected.
PUBLIC RECORD: All documents submitted in response to this solicitation will become the
property of the City of Palm Springs and are subject to the California Code Section 6250 at seq.,
commonly known as the Public Records Act. Information contained in the documents, or any
other materials associated with the solicitation, pursuant to CA Government Code 6255 during
the negotiation process, may be made public after the City's negotiations are completed, and
staff has recommended to the City Council the award of a contract to a specific firm, but before
final action is taken by the City Council to award the contract.
Although the California Public Records Act ("CPRA") recognizes that certain confidential trade
secret information may be protected from disclosure, the City may not be in a position to
establish that the information submitted in a proposal is a trade secret. If a request is made for
information marked "Confidential," "Trade Secret," Proprietary," or any other similar designation,
the City will provide the party submitting such information with reasonable notice to allow the
party to seek protection from disclosure by a court of competent jurisdiction.
9
If a submitting party contends that a portion of the proposal is confidential even under the
CPRA, the party: 1) must clearly label each document and/or page deemed a confidential
document 2) the legal rationale supporting such contention including specific references to
applicable provisions of the Public Records laws of the State 3) must actively defend against
any request for disclosure of information which the party has determined should not be
released, and 4) must indemnify and hold harmless the City from any loss, claim or suit,
including attorneys' fees, brought by a person challenging the City's refusal to release the
documents. The City will not, under any circumstances, incur any expenses, or be responsible
for any damages or losses incurred by a party submitting a proposal or any other person or
entity, because of the release of such information. The City will not return the original or any
copies of the proposal or other information or documents submitted to the City as part of this
RFP process. NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS WHERE ALL
OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY
INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NOW
RESPONSIVE.
COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any
costs incurred by any proposer in the preparation of their proposal or participation in any
presentation or interview if requested, or any other aspects of the entire RFP process.
LICENSES. PERMITS, FEES, AND ASSESSMENTS. Proposer represents and warrants to
City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession and perform the Work and Services requested in
this RFP. Proposer represents and warrants to City that Proposer shall, at its sole cost and
expense, keep in effect at all times during the term of the Agreement if so awarded, any license,
permit, qualification, or approval that is legally required for Proposer to perform the Work and
Services under the Agreement if so awarded. Proposer 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 Proposer's performance of the Work
and Services required under the Agreement if so awarded. Proposer shall indemnify, defend,
and hold harmless City against any such fees, assessments, taxes penalties, or interest levied,
assessed, or imposed against City to the fullest extent permitted by law.
BUSINESS LICENSE: The successful firm will be required to be licensed in accordance with
the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through
3.96, entitled "Business Tax".
PROPOSAL INFORMALITIES OR DEFECTS: The City of Palm Springs reserves the right to
waive any informality or technical defect in a proposal and to accept or reject, in whole or in
part, any or all proposals and to seek new proposals, as best serves the interests of the City.
INVESTIGATIONS: The City reserves the right to make such investigations as it deems
necessary to determine the ability of the proposer to perform the Work and the proposer shall
furnish to the City all such information and data for this purpose as the City may request. The
City reserves the right to reject any proposal if the evidence submitted by or investigation of
such proposer fails to satisfy the City that such proposer is properly qualified to carry out the
obligations of the Contract and to complete the Work contemplated therein.
SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted
to mean that proposer has hereby agreed to all the terms and conditions set forth in all of the
sheets which make up this Request for Request for proposals, and any attached sample
agreement. Exceptions to any of the language in either the RFP documents or attached
sample agreement, including the insurance requirements, must be included in the proposal and
10
clearly defined. Exceptions to the City's RFP document or standard boilerplate language,
insurance requirements, terms or conditions may be considered in the evaluation process.
11
OF PALM Sq
V v.
« Oq<IFORN'P
REQUEST FOR PROPOSALS (RFP 16-14)
FOR
ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES
ADDENDUM NO. 1
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP
DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE
PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY
ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED
TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the following questions,and is hereby providing answers
thereto:
Q 1: Is it acceptable to include a range of sub-consultants to ensure availability ( i.e.
two Traffic Engineers)?
A 1: Yes. However, any changes of sub-consultants during a project must be
approved in advance by the City's Director of Planning Services.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.
Procurement & Contracting Manager
DATE: March 6, 2014
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature: Date:
Acknowledgment of Receipt of Addendum 1 is required by signing and Including
the acknowledgment with your submittal, or you may also acknowledge the
Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum
may result in your submittal being deemed non-responsive.
QF PALM s
A
'r6c Q/
V L�
REQUEST FOR PROPOSALS (RFP 15-14)
FOR
ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES
ADDENDUM NO. 2
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP
DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE
PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY
ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED
TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers
thereto:
Q 1: Are you aware of any specific projects currently in the planning stage which the
City anticipates using the on-call consultants for?
A is The City is not providing specifics at this juncture about any anticipated
projects. This is for on-call services for an extended multi-year term. Projects
will be assigned to firms as the City deems appropriate, as is explained in the
RFP.
Q 2: Do you want Attachment A bound with the proposals or placed unbound into
envelope#1 Qualifications/Work Proposal?
A 2. Please see instructions about Attachment A on page 6, near the top of the
page under the section titled "Envelope #2". Bound or unbound does not matter
as long as you follow the Instructions and put it in the correct envelope, Envelope
E with your work proposal.
Q 3: Is this set aside for DBE or DVBE? Do you actively seek out these types of
certified organizations?
A 3: There are no DBE or DVBE requirements for this solicitation.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.
Procurement& Contracting Manager
DATE: March 13, 2014
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature: Date:
Acknowledgment of Receipt of Addendum 2 is required by signing and including
the acknowledgment with your submittal, or you may also acknowledge the
Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum
may result in your submittal being deemed non-responsive.
F 4ALM S
yu� a
V \ N
k Cqt/FORN\P
REQUEST FOR PROPOSALS (RFP 15-14)
FOR
ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES
ADDENDUM NO. 3
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP
DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE
PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY
ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED
TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the following questions and is hereby providing answers
thereto:
Q 1: Is it allowable for a consultant to submit as prime and also be a sub for specific
services on another prime's team?
A 1: Yes a firm may "submit" as a Prime and also may be listed as a Sub for
another Prime. However, if you are awarded a contract as a Prime, you may not
also perform as a Sub to another Prime. If you are NOT awarded a contract as a
Prime, you may perform as a Sub to another firm that is awarded a contract as
Prime. You may not do both.
Q 2: There are two sections in RFP 15-14(page 8 and pages 10-11)that require any
exceptions to the RFP, sample agreement or insurance requirements be included in the
proposal. There are no defined instructions as to where exceptions or comments were
to go, so because the proposal is limited to 25 pages (excepting Attachment A, Addenda
acknowledgements and the cost proposal), would it be acceptable for the bidding firm to
include comments (if any) as an appendix, not counting toward the 25-page limit?
A 2: As the RFP states, any exceptions are to be "included" in the proposal,
meaning they are part of your proposal and WILL count toward the 25 sheets of
double-sided paper limit. Where you choose to locate your exceptions in your
proposal is up to you, as long as they are clearly defined as requested in the RFP
document.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.
Procurement& Contracting Manager
DATE: March 19, 2014
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature: Date:
Acknowledgment of Receipt of Addendum 3 is required by signing and including
the acknowledgment with your submittal, or you may also acknowledge the
Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum
may result in your submittal being deemed non-responsive.
EXHIBIT "C"
CONSULTANTS PROPOSAL
CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE
22
Proposal for On-Call Environmental
Consulting (CEQA) Services
City of Palm Springs
Prepared for City of Palm Springs
Division of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Prepared by BonTerra Psomas
225 South Lake Avenue, Suite 1000
Pasadena, California 91101
March 27, 2014
Balanang the Natural and Bull Environment www.Psomas.com
PSOMAS olp%
March 27, 2014 Balancing the Natural and Built Environment
Mr. Craig L. Gladders, C.P.M.
Procurement & Contracting Manager
City of Palm Springs
3200 East Tahquitz Canyon Way
I Palm Springs, California 92262
Subject: Proposal for On-Call Environmental Assessment (CEQA) Services
Dear Mr. Gladders:
Providing On-Call Environmental Assessment Services for the City of Palm Springs Planning
Department requires a consultant who understand the needs of public agencies and who is a
recognized expert in compliance with the California Environmental Quality Act (CEQA) and
National Environmental Policy Act (NEPA). BonTerra Psomas has substantial experience
r assisting local municipalities with all aspects of environmental review, including environmental
iplanning consulting services and CEQAINEPA documentation; natural resources and biological
surveys; cultural resources management; air quality, greenhouse gas emissions, and noise
analyses; regulatory services and permitting; and Geographic Information Systems (GIS)
analyses. We are familiar with the land development activity occurring in the greater Coachella
Valley area and believe that BonTerra Psomas has the expertise, enthusiasm, and commitment to
provide unparalleled environmental documentation consulting services to the City of Palm
Springs.
BonTerra Psomas maintains an excellent reputation for preparing high-quality and legally
defensible documentation. Our reliability and expertise is exemplified through our numerous
` active on-call contracts with public sector clients, including but not limited to the OC Public
Works Department, the OC Parks Department; the Los Angeles County Department of Public
Works, the Los Angeles County Chief Executive Office, the University of California, Los
Angeles, the City of Anaheim Public Works; and the City of La Habra Heights. We have
developed a proven track record of responsive and cost-effective performance and understand the
requirements inherent in successfully supporting a client on an as-needed contract.
The Project Team will be comprise of Ms. Kathleen Brady, AICP, Vice President of BonTerfa
Psomas and Ms. Kristin L. Keeling, Senior Project Manager and Regional Office Manager of our
Pasadena location. Ms. Brady, Principal-in-Charge of Environmental Planning projects, has over
25 years of experience in the environmental planning field. Ms. Brady has focused her career on
environmental impact assessment, advanced planning programs, and transportation projects.
Ms. Kristin L. Keeling, Senior Project Manager, has served for approximately 12 years as the
primary CEQA Project Manager for the BonTerra Psomas Pasadena office.
Ms. Keeling will serve as the primary contact on all projects with the City of Palm
225 South Lake Avenue
Suite 1000
Pasadena,CA 91101
Tel 626.351.2000
fax 626.351,2030
v w.Psomas.com
Mr. Craig L. Gladders, C.P.M.
March 27, 2014
Page 2
Springs and has successfully managed numerous As-Needed/On-Call Environmental Service
Contracts.
We have structured our team and management to provide technical expertise in a streamlined and
integrated manner. Staff members assigned to this Project are among the most experienced
environmental planning professionals in Southern California. BonTerra Psomas has an
impressive array of in-house specialties to support CEQA documents, and has strategically
chosen to include only two qualified subconsultants on the Project Team: Fehr & Peers and
PETRA Geotechnical. PETRA Geotechnical is a local business pursuant to the City of Palm
Springs Local Preference Ordinance.
The BonTerra Psomas Project Team is committed to providing exceptional client-centered
services and excellent work products that satisfy the City's expectations for quality: Our goal is
to establish a long-lasting, positive, and productive working relationship with the City by
providing unparalleled environmental documentation consulting services. We appreciate the
opportunity to submit our qualifications for your.review and consideration. Please feel free to
call Ms. Brady at 714.444.9199 or Ms. Keeling with any questions at 626.351.2000.
Sincerely,
BonTerra Psomas
Kathleen Brady, AICP Kristin L. Keeling
Vice President,Environmental Planning Senior Project Manager
RAPropomIMPelmSpAP"IXCover Letler-W26144=
I
TABLE OF CONTENTS
Letter of Introduction
' Section A: Firm Qualifications, Project Team,
' Experience, and Background....-.---------- -
Section B: Understand CEQA and NEPA
Requirements and Processes 17
' Section C: References and Experience with Projects
of Similar Size and Scope---------------------_ ....... ......33
' Section D: Local Expertise Demonstrated on the Team 41
ISection E: Exception to the Insurance Requirements........-....43
Attachment A and Addenda
I
City of Palm Springs I On-Call Environmental Assessment(CEOA)Services
P'SbF9AS
A Firm Qualifications, Project Team, Experience,
and Background
I
City of Palm Springs
On-Call Environmental Assessment (CEQA) Services
SECTION Firm
Qualifications, Project Team,
Experience
I r Background
A.1 COMPANY INFORMATION
BonTerra Psomas (formerly BonTerra Consulting)is a Limited Liability
Company and a subsidiary of Psomas.Kathleen Brady,AICP, Vice President,
Environmental Planning is located in the Irvine office and will serve as
Principal-in-Charge and Quality Control Manager for this contract.Kristin L.
Keeling,Senior Project Manager is located in the Pasadena office and will serve
Ias Project Manager and the primary contact for this contract.
BonTerra Psomas has two centrally located offices that would serve the City of
I Pahn Springs (City) for On-Call CEQA services.
Pasadena Office Irvine Office
225 South Lake Avenue 2 Executive Circle
Suite 1000 Suite 175
Pasadena, California 91101 Irvine, California 91101
626.351.2000 714.444.9199
626.351.2030 Facsimile 714.444.9599 Facsimile
Kristin L. Keeling Kathleen Brady, AICP
Kristin.Keehng@psomas.com Kathleen.Brady@psomas.com
IThe primary office for On-Call services will be the BonTerra Psomas Pasadena
office. However,both the Pasadena and Irvine offices, which include the
majority of the staff members included in this proposal, work seamlessly together
as a team and there are staff members from both offices who are available to
work on projects.
In addition, Psomas has offices in California, Arizona, and Nevada. Psomas staff
assigned to this contract are located in the following offices:
Santa Ana Office Riverside Office
3 Hutton Centre Drive 1500 Iowa Avenue
Suite 200 Suite 210
Santa Ana, California 92707 Riverside, California 92507
714.751.7373 951.787.8421
A.2 PRINCIPAL OFFICER
Kathleen Brady, AICP,Vice President, Environmental Planning of BonTerra
Psorrias is authorized to legally bind BonTena Psomas in a contract with the City
of Palms Springs.
A.3 FIRM QUALIFICATIONS
BonTerra Psomas is an environmental planning and resource management
consulting firm that provides Califomia Environmental Quality Act(CEQA)and
National Environmental Policy Act I NEPA) documentation; biological resources
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
P S` 1f M A 8
surveys and assessments; habitat restoration planning; regulatory services and
permitting; cultural resources assessments and monitoring; air quality,
greenhouse gas emissions, and noise analyses; and Geographic Information
Systems (GIS)mapping and spatial analyses.
The Company's team includes Environmental Planners;Project Managers; Air
Quality and Noise Specialists, Botanists; Certified Arborists; Ornithologists;
Wildlife Biologists; Restoration Ecologists; Regulatory Specialists;
Archaeologists; Paleontologists; Geographical Information Systems GIS
Specialists; and appropriate support personnel, such as technical writers and
editors. This group works together as a highly effective team to meet the
requirements of our clients'projects and is recognized as one of the most
experienced teams of environmental professionals in the Southern and Central
California consulting community.
BonTerra Psomas has played a leading role in the successful preparation of I
environmental compliance documents pursuant to CEQA and NEPA and we are
known for the exceptional quality of our work products. One of our hallmarks is
the active engagement of senior management in all aspects of client support. The 1
fast step in ensuring a high-quality product is to assign staff members that have l
the technical expertise and experience to complete the work. BonTerra Psomas
maintains a competitive edge in the environmental consulting industry through r
the retention of highly qualified and highly effective staff members who are IL
known for their ability to work with multiple stakeholders to identify potential
issues and solutions in a manner that is both creative and effective.
BonTerra Psomas is uniquely qualified to provide environmental documentation
services to City of Palm Springs for a number of reasons. BonTerra Psomas has
over 17 years of extensive experience in the preparation of Environmental Impact r
Reports (EIRs) for complex and controversial development projects;has ample L
familiarity with the environmental resources and constraints to development
within the City and the Coachella Valley; and is committed to devoting the staff
resources necessary to ensure exceptional client service.
BonTerra Psomas provides full-service CEQA/NEPA compliance documentation
for a wide range of projects and clients, and we have over 60 environmental
professionals, including generalists and specialists, available to assist on a project
at a moment's notice. We have technical disciplines that require specialized
skills, such as the following: Air Quality and Greenhouse Gas analyses,which r
requires staff that are capable of using CalEEMod including the EMFAC 2011 L
and OFFROAD 2011 databases;Biological Resources analyses, which require
federal/State permits for special status species surveys and scientific collection;
and Cultural Resources analyses,which requires a Registered Professional
Archaeologist(RPA) and meets the Secretary of Interior's standards for historic
preservation programs for archaeology. Our staff of Environmental Planners is
highly capable of providing general plan/zoning consistency analyses and land
use compatibility analyses,which are critical skills for analyzing projects that
require a General Plan Amendment.
BonTerra Consulting recently merged with Psomas, an engineering consulting
firm founded over 65 years ago. As a full-service engineering,construction
management, environmental, and land survey firm,Psomas helps clients create
value and deliver complex projects. The merger provides public and
private-sector clients of both firms with a wider breadth and depth of services.
Psomas serves public and private sector clients in the water, transportation, site
City of Palm Spnngs I On-Call Environmental Assessment(CEQA)Services
PS MVA 9
development, and energy markets. Services include water and wastewater
infrastructure,hydrogeology,planning, land surveying (including 3D laser
scanning), subdivision design,master planning for grading, drainage and flood
control, and civil engineering design (including Building Information Modeling).
Additional services available within Psomas that can support the preparation of
environmental documents pursuant to CEQA/NEPA include traffic impact
assessments, landscape architecture, and water supply assessments. The fact that
BonTerra Psomas has these services in-house allows us to be nimble, responsive,
and efficient when replying to client requests, eliminating the need to confer and
contract with subconsultants.
One aspect of our client portfolio that speaks highly of our client-responsiveness
and attention to detail is the number of On-Call Environmental Services contracts
we have maintained with public sector agencies.Key clients with whom we have
' established continuing relationships in providing On-Call Consultant Services
include Los Angeles County Department of Public Works (LACDPW)(14
Bon Ten a Psonnas has:always years); City of Los Angeles Bureau of Engineering(12 years); various Public
• Works Departments in the County of Orange(14 years); City of Anaheim(16
ssi'The staff is years);Metropolitan Water District of Southern California(6 years); Southern
o
hiendly, and is always t�ying to
California Edison (6 years); and the University of California, Los Angeles(5
years).
These On-Call contracts require various services and work products ranging from
specialized technical reports for small development projects to the preparation
JerreluG Cruz, P.E.1 and processing of EIRs for large infrastructure projects. As an example, Kristin
CoLinty of Los Angeics Keeling,Project Manager,has managed several On-Call contracts with the
Food Maintenance Division County of Los Angeles Department of Public Works, including the Flood
I Maintenance Division; Watershed Management Division;
Architectural/Engineering Division; and Flood Control District. Under these
contracts, all of BonTerra Psomas's primary services have been tasked to prepare
work products as either stand-alone studies or as part of a larger environmental
impact study(e.g. EIR, Mitigated Negative Declaration [NMI).
Additionally,BonTerra Psomas has provided regular consulting services to the
County of Los Angeles through the Chief Executive Office (CEO). CEO projects
include the the Mira Loma Detention Center Women's Village and Re-Entry
Project EIR in the City of Lancaster; Solar Energy MND in the City of Lancaster;
and a Comprehensive Land Use Management Plan for the Eastern Avenue Hill
Complex(County Sheriff and Fire Department properties)within the City
Terrace. In addition to these public projects,BonTerra Psomas has processed
numerous EIRs through city and county Planning Departments for private
developers. These projects ranged from urban mixed-use infill developments to
large residential estate developments. These diverse services and documents
illustrate the depth and breadth of work products that BonTerra Psomas is able to
provide on a consistent basis. We take pride in our ability to satisfy clients' needs
and maintain these long-term relationships.
A.4 PROJECT TEAM MEMBERS
Project Management Qualifications
The Environmental Planning/Natural Resources Group within BonTerra Psomas
has a permanent staff of over 65 employees. The following key project team
members are the primary staff assigned to work with the City of Palm Springs on
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
PSOMAS
assigned projects. As specified in the Request for Proposals, and as shown in the
Organizational Chart on page 9,Ms.Kathleen Brady, Principal-in-Charge,will
serve as the managing Principal over all BonTerra Psomas work products and as
the firm's Quality Control responsibilities,and Ms. Kristin L.Keeling, Senior
Project Manager, will serve as the primary contact on all projects with the City of
Pahn Springs.
i
Much of the responsibility for the success of the CEQA process depends on the
Project Manager's ability to engender the confidence of the City of Palm Springs
and to successfully coordinate the various parts and players into a unified team.
In order to meet the needs and expectations of the City of Pahn Springs,
BonTerra Psomas has assembled a highly qualified Project Team that can
provide exceptional environmental documentation in compliance with CEQA and
that has been prepared to the satisfaction of the Project Applicant/City of Pahn
Springs. BonTerra Psomas believes that our approach to fulfilling the required
depth of experience and superior analytic execution of the CEQA process is best I
met through the teaming of Ms. Kathleen Brady,as Principal-in-Charge,and Ms.
Kristin Keeling as Senior Project Manager.
Kathleen Brady and Kristin Keeling will work seamlessly together as BonTerra
Psomas's Project Management Team. We have found that high-profile and
complex projects warrant and deserve the attention of a management team. r
Kathleen and Kristin have a tried and true working relationship and I`
communication style that has developed over their 12 years of working together.
Kathleen operates as the strategist; analyst on complex issues; quality control
assurance;resource allocator; and contract implementer. Kristin operates as the
day-to-day manager with the responsibility of ensuring work is completed on
time and within budget. She will focus on the preparation of legally defensible
and comprehensive CEQA documents andwill facilitate coordination with all L applicable local, State, and federal agencies. She will coordinate with the project L
team's technical consultants; ensure all topical issues are adequately analyzed;
and be the author of critical parts of the environmental document.Ms.Keeling r
will also be the public voice for the EIR process,making public presentations as
required by the project at public meetings,hearings, and as requested by City of
Palm Springs.
Kathleen Brady,r17CP,Principal-in-Charge and Quality Control Manager has
over 25 years of experience in the environmental planning field. Ms. Brady is the
Vice President and Principal-in-Charge of Environmental Planning projects.Ms. r
Brady has focused her career on environmental impact assessment,transportation L
projects;and advanced planning programs. Since 1986, Ms. Brady has been a
consultant to federal, State,and local agencies, as well as private land developers r
and other private industry clients.Ms. Brady has extensive experience in the L
preparation of technical studies to satisfy CEQA and is accomplished in
interagency coordination. Ms. Brady has assisted with development r,
implementation for the Irvine Company,Rancho Mission Viejo, and large-scale lu
infrastructure projects including transportation improvement projects for the
California Department of Transportation(Caltrans). She was the Project Manager
for the 22,800-acre Ranch Plan Program EIR 589 and continues to be involved in
the environmental documentation effort for the Ranch Plan. She has managed a
number of facility implementation projects, including water reservoirs,pump
stations, lift stations, large treatment basins and water extraction projects for the
Santa Margarita Water District and for the Ladera Ranch and Talega
developments.
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
rs r� r� �► s n
Public Sector On-Call Environmental Services Contracts/Master Services
Agreements
• Orange County On-Call Services Contract—Various County Projects
• California Department of Transportation District 12 On-Call Services
Contract, Orange County
Other/Additional Public Sector Projects
• John Wayne Airport Settlement Agreement Amendment Program
Environmental Impact Report, Orange County
• Long Beach Airport Terminal and Ramp Improvement Environmental
Impact Report, City of Long Beach
• Alton Parkway Extension Project Environmental Impact Report,Orange
County
Centennial Corridor Environmental Impact Report/Environmental Impact
Statement(EIRIEIS), Bakersfield and Kern County
Santa Margarita Water District facilities implementation projects,Orange
County
Private Sector Development Projects
The Ranch Plan Program Environmental Impact Report, Orange County
Talega Valley Development, San Clemente and unincorporated Orange
County .
Santiago Hills II, General Plan Amendment, City of Orange
1 General Plan/Zone Change documents for the Ladera Ranch Planned
Community, Orange County
Arisdn Keeling,Senior Project Manager, has over 14 years of diverse
I professional consulting and municipal experience, including 12 years as the
primary CEQA Project Manager, and recently the Regional Manager,for the
BonTerra Psomas Pasadena office. Her professional expertise includes the
preparation of environmental documents pursuant to CEQA and NEPA; project
management for projects with local, State,and federal agency involvement;
public presentations and meeting facilitation; and EIR preparation for large,
complex development projects,including general,master,and specific plans,
public works infrastructure projects, single-family residential tract developments,
recreation,institutional, and mixed-use and transit-oriented developments.
Ms. Keeling's responsibilities as Senior Project Manager for the On-Call
Environmental Assessment CEQA Services contract would be comprehensive,
and she is adept at managing multiple concurrent project assignments. She would
be responsible for the successfirl preparation of environmental documents and
technical reports/analyses; assisting private-sector project applicants navigate the
requirements of CEQA;providing strategic consultation for the City on
CEQA-related matters; managing the overall project scope, schedule, and budget;
providing regular project status updates and facilitating internal team meetings;
coordinating and facilitating public scoping meetings; and coordinating with
team members, the City of Palm Springs, and responsible agencies to'ensure the
production of accurate,comprehensive, and legally defensible documents.
Ms. Keeling has a very hands-on management style and is personally invested in
the providing excellent client-centered services to maintain successful and
City or Palm Springs I On-Call Environmental Assessment(CEQA)Services
t' 8 ; MAS
productive professional relationships. Over her 12 years as the primary CEQA
Project Manager for the BonTerra Psomas Pasadena office, she has developed a
community of satisfied clients that continue to seek her management of their
important projects. This is manifested through her ongoing successful
management of numerous on-call contracts for the provision of CEQA services,
as summarized below.
Public Sector On-Call Environmental Services Contracts/Master Services
Agreements
• City of La Habra Heights, on-call contract since 2013
• Matrix Oil Development Project EIR(currently underway)
• County of Los Angeles Chief Executive Office, on-call since 2006
• Mira Loma Detention Center Women's Village and Re-Entry Facility
Project EIR(currently underway)
• Comprehensive Land Use Management Plan and Project Management
for the Eastern Avenue Hill Complex Program I
• Solar Energy Project IS/MND
• Project Management for Groundwater Contamination Investigation at
Sheriff's Department
• County of Los Angeles Department of Public Works,Water Resources
Division(on-call since 2008),Architecture and Engineering Division(on-call r
since 2008);Flood Maintenance Division(on-call since 2003), and Flood Il
Control District(on-call since 2013)
• Big Tujunga Sediment Removal Project IS/MIND and Environmental r
Assessment/Finding of No Significant Impact(currently underway) L
• Santa Anita Dam Improvements Project IS/MND(currently underway)
• High Desert Health System Multi-Ambulatory Care Center EIR
• Camp Kilpatrick Youth Detention Center Project IS/MND
• Long-Term Maintenance Agreement for Debris Basins IS/MND L
Other/Additional Public Sector Projects L
• West Desert Hot Springs Master Drainage Plan Environmental Impact r
Report(currently underway),City of Desert Hot Springs and Riverside L
County Flood Control and Water Conservation District
• Arroyo Seco Canyon Project IS/MND (currently underway), City of r
Pasadena L
• Chevy Chase Reservoir Replacement IS/MND, City of Glendale
• Whittier Narrows Recreation Area Master Plan EIR, County of Los Angeles [
Department of Public Works
General Plan Update EIR, City of Arcadia
Encanto Nature Trail IS/MND, City of Duarte L
• Arrow Reservoirs IS/MIND, Valley County Water District
• Various Water Well Projects—IS/MNDs, Santa Clarita Water Division l
• Recycled Water Master Plan EIR, Castaic Lake Water Agency
II Ir N: City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
P80IMAS n
1
Private Sector Development Projects
a • Aviation Station Transit-Oriented Development EIR; County of Los Angeles
J • Fullerton Transportation Center Specific Plan EIR; City of Fullerton
• West Antelope Solar Project IS/MND; County of Los Angeles
St. Michael's Abbey EIR; County of Orange
• Tesoro del Valle Residential Development EIR; County of Los Angeles
Burnam Residential EIR; County of Los Angeles
• Tapia Ranch Residential EIR; County of Los Angeles
• Beach and Orangethorpe Mixed Use EIR; City of Buena Park
The Country Estates Residential Development EIR, City of Diamond Bar
iMs. Keeling has expertise and technical proficiency in environmental document
JBonTetta Psomas hasalwayspreparation. Her skills as a Project Manager are exemplified through the
successful execution of these projects through the CEQA process and her
The staff is professional.
friendly, and is atways tryiog to ongoing relationships with her clients.
need, and even defeno out Key Staff Availability
1 BonTerra Psbmw staff is well versed in the demands of providing quality
services on an as-needed basis to public sector clients, as discussed above. This
extensive experience in managing multiple projects concurrently demonstrates
BonTerra Psomas's ability to be responsive to differing management styles
within the same organization, while still maintaining a consistent approach to our
City of Analip.lffl documents. As a result, the key professional staff in this proposal have
established workload management systems and staffing arrangements to assist in
meeting concurrent project demands through clear channels of communication.
The Project Team Members have the demonstrated capability to meet the
requirements of multiple projects on similar schedules, and have the availability
and commitment to ensure that City of Palm Springs projects are completed on
time and within budget.
The following BonTerra Psomas staff members will support Ms. Brady and Ms.
Keeling; these individuals have extcnsive.experience working on public and
private development projects throughout Southern California, and Riverside
County specifically. Our goal is to commit the time needed to ensure the product
is delivered in the quality and manner expected and required by our clients. In
that manner,the Table below provides estimated percentages of effort per week
for key staff members. It should be noted that these percentages will shift
depending on the intensity of the work at the time and the expertise needed. Be
assured that we will commit the time and resources needed to complete quality
work products.
City of Palm Springs I On-Call Environmental Assessment(CEQ4)Services
PSOMAS
Percentage
Key Personnel Role for Project
Project per Week
- Principal-in-Charge/Quality
Kathleen Brady, AICP Control Manager 10-15
Kristin L. Keeling Senior Project Manager 25
CEQA Documentation
CEQA/NEPA Jennifer Marks Marks Senior Environmental Planner 35
Josephine Alido, AICP Senior Environmental Planner 35 J
Edward Paek,AICP Environmental Planner 215 I
Jillian Neary Environmental Planner 25
Specialists—Natural Resources I
Patrick Maxon, M.A., RPA Cultural Resources Manager 20
Mark RoederPrincipal Investigator/SeOlOr ` 1S
Paleontologist 4
Ann Johnston Biological Resources Quality 10-15 ;.` .
Control Manager
Senior Biologist/Senior Pry
Stacie Tennant Man er
1
David Hughes Regulatory 30
Specialist/Delineations/
Specialists—Tophnitlal#Engineering
James Kurtz Air Quality, GHG, and Noise 15 l
Manager
Arief Naftali PE,TE Traffic Engineer 15
Psomas ,` x
Bruce Kirby, PE Psomas Civil Engineer-Drainage, Utilities 15 }
Michael$wan, PE Water Supply Assessment 1 ` ` `• 15
Psorrras �xa
Christopher Starbird GIS Manager 20
Subconsultants L
Christopher Gray Associate-in-Charge of 35 r
Fehr& Peers Transportation L
Alan Pace, PG CEG Senior Associate 45 '
PetraGeotechplcal Geologist/ProjectManager
City of Palm Springs On-Call Environmental Assessment(CEQA)Services
IPSOMIAS a
—. —••--� ...® .•� Room 111 r son WARN WAIMSyr..
ORGANIZATIONAL CHART On-Call Environmental Assessment(CEQA) Services
QualityCITY OF
PALM SPRINGS
Kathleen Brady, AICP
ProjectKristin Keeling
Senior••
RESOURCESNATURAL TECHNICAUENGINEER SUBCONSULTANTS
Jennifer Marks Patrick Maxon, M.A.,RPA James Kurtz Christopher Gray,AICP
Senior Environmental Planner Cultural Resources Manager Air Quality,GHG,and Noise
Fehr&Peers
Josephine Alido,AICP Mark Roeder Manager Traffic Engineers
Senior Environmental Planner Principal Investigator/Senior Arief Naftali,PE,TE
Paleontologist Alan Pace,PG,CEG
Edward Paek,AICP Psomas Petra
wronm@nEal Planner Traffic Engineer,, qn ; a) e ;�._. , Geotechnical
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
PSOMAS
Key Staff[Team Member Qualifications
Jennifer Marks is a Senior Project Manager and Environmental Planner with 15
Jennifer Marks years of experience in environmental documentation and analysis consistent with
Role.,Sen%orEnvironmental Planner CEQA and NEPA. Throughout her career, she has worked directly with a variety
Years of Experience:15 of interested and affected parties. In addition to managing planning as well as
. Educatioq: Bachelor of Science,Natural development and infrastructure projects, she has performed impact analyses for
Resources,Planning and many environmental resource issue areas, including land use, biology, water
interpretation,Ngmbolt state resources air quality,noise traffic aesthetic resources eolo historic and
l,^iverSity Arcata,CA ' ' ' ' g '
cultural resources, and hazards and hazardous materials. Her experience includes
the City of Anaheim Planning Department On-Call Environmental Services
Contract; the Ranch Plan Program Environmental Impact Report; the Triangle I
Specific Plan Project Environmental Impact Report in Murrieta. In addition,Ms.
Marks has extensive experience completing projects involving resort hotels with
adjoining retail,recreation, and residential components. Examples of her
experience include the Anaheim Resort Specific Plan Amendment No. 7 for the
Inclusion of Residential Uses Mitigated Negative Declaration; the Anaheim
GarderrWalk(formerly Pointe Anaheim)Addendum to a Mitigated Negative
Declaration; the Anaheim Resort Specific Plan Master Environmental Impact
Report Validation Report; and the Pelican Hill Resort Supplemental f
Environmental Impact Report.
Josephine Alido,AICP has 26 years of experience in environmental planning
throughout Southern California. She has prepared and managed CEQA and
NEPA documents for private development proposals,policy documents, and p
public infrastructure improvements. These have included project EIRs for large IL
residential, commercial, and industrial developments and roadway projects, as
well as program EIRs for general plans;redevelopment plans; specific plans; and
plan updates/amendments.Ms. Alido is currently working on the Program EIR
for the West Desert Hot Springs Master Drainage Plan and has worked on
Caltrans' environmental documents for the cities of Desert Hot Springs and
Cathedral City. She has also completed the EIRs for residential subdivisions,
commercial centers,warehouses, General Plan updates, Specific Plans,parks,
roadways, and public facilities and IS/MNDs for trails,parks, communication
towers,water system improvements, detention basins, and fire stations, among
others.
Edward Paek,AICP is an Environmental Planner with ten years of experience in
environmental documentation and review pursuant to CEQA and NEPA.Mr.
Paek's experience includes the preparation of long-range planning documents,
including General Plans,Master Plans, and Specific Plans. Mr. Pack is very
familiar with local land use and zoning regulations and practices,particularly
with respect to real estate development. Throughout his career,he has worked L
directly with various State,regional,and local planning agencies,including the
LACDPW; Caltrans;the Federal Highway Administration; and the City of Los
Angeles Department of Transportation. In addition,he has extensive experience L
with public finance and economic development issues,with a special emphasis
on fiscal/economic impact analyses,urban decay studies, and public/private
partnerships. His relevant project experience includes the West Antelope Solar
Energy Project; Santa Anita Dam Seismic Strengthening Project; Redlands
Commons and Trojan Groves Specific Plan; Arroyo Seco Master Plan; Shops at
Santa Anita Environmental Impact Report; the and Music Center and Grand
Avenue Realignment Environmental Impact Report.
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
PSOMAS
Jiflian Neary is an Environmental Planner with over 15 years of experience in
Allan Neary environmental analysis and land use investigation. Ms.Neary has prepared
Role:En vironmenlal Planner environmental compliance documentation pursuant to CEQA/NEPA and
Years of Expenorce a associated State and federal regulations for both private-and public-sector clients
Educator eacneiorofArts.Geology throughout Southern California. She has evaluated the potential for
Indiana university-Purdue university environmental impacts on all CEQA topics,providing particular expertise in
Indianapolis,to geology and soils,natural resources, solid waste disposal,and hazardous
materials. Ms. Neary's relevant project experience includes serving as
environmental planner for the LACDPW As-Needed Contract and several on-call
projects with the University of California, Los Angeles. In addition,her
releveant project project experience includes the High Desert Health System
Multi-Service Ambulatory Care Center Environmental Impact Report; the
Aviation Station Transit-Oriented Development Environmental Impact Report;
the John Wayne Airport 2014 Settlement Agreement; Centennial Specific Plan
and Phase One Implementation Environmental Impact Report;the Tapia Ranch
Environmental Impact Report; and the Newport Banning Ranch Environmental
Impact Report.
Patrick Maxon M.A.,RPA is a Registered Professional Archaeologist with a
Bureau of Land Management permit who meets the Secretary of Interior's
standards for historic preservation programs for archaeology.Mr.Maxon has 20
years of experience in all aspects of cultural resources management, including
prehistoric and historic archaeology,paleontology, ethnography, and tribal
1 consultation. He has expertise in compliance with NEPA, CEQA, the National
Historic Preservation Act, the Archaeological Resources Protection Act, and the
Clean Water Act, among others. Mr. Maxon has completed hundreds of cultural
resources projects that have involved the full range of cultural resources services.
Mr. Maxon's relevant experience includes the the Joshua Basin Water District
Project; the Murrieta Creek Bridge Project in Temecula; the High Desert Health
System Multi-Service Ambulatory Care Center, the Summerly Project in Lake
Elsinore; the Brown Street Gas Station Project in Riverside; The Godinho Dairy
Project;the Foothill Parkway Project in Corona; and the Aviation Station
Transit-Oriented Development Project.
I Mark Roeder has 34 years of experience as a Paleontologist. He has extensive
experience with CEQA and NEPA compliance and with conducting and
managing paleontological resource impact assessments and impact mitigation
programs for large construction projects in California.Mr. Roeder has conducted
paleontological resource assessments—which involve data searches such
as literature reviews,archival searches, field surveys,and consultation with other
paleontologists—in order to develop baseline inventories; to evaluate the
scientific importance of resources and potential for disturbance by adverse,
project-related impacts;and to formulate mitigation measures to reduce these
impacts to less than significant levels. Mr. Roeder has worked on paleontological
resources impact mitigation programs that have required monitoring of
earth-moving activities,recovery of fossil remains, field personnel supervision,
and progress and final report preparation.Project experience includes the High
Desert Health System Multi-Service Ambulatory Care Center Project in
Lancaster; the Newport Banning Ranch Project in Newport Beach;the Murrieta
Creek Bridge Project in Temecula; and the Wakanuga Project in Mira Loma.
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
PSOMAS
Ann Johnston is the Vice President of BonTerra Psomas and a Principal-in-
Ann Johnston Charge of Resource Management projects. Ms. Johnston has 25 years of
Rola•BlologlaWResourm Quality Conttol ` experience in biological resources inventories/evaluations; sensitive species
Manager surveys; mitigation monitoring;resource agency permitting and processing;
Years of Experience:25 conservation and strategic planning; and technical peer reviews. Ms. Johnston's
Education: Bachelors of Arts.Biology professional experience has focused on finding solutions to development
California State university,Long challenges where potential impacts to biological resources may occur,and on the
Beach,CA assessment and integration of biological data{particularly on sensitive species)
into environmental documentation that complies with the requirements of CEQA,
NEPA, the Federal Endangered Species Act,and the California Endangered
Species Act. Ms. Johnston's relavant experience includes the Newport Banning
Ranch Project in Newport Beach; the Devers-Colorado Corridor Road Repair
Project from Palm Springs to Blythe; and the Falcon Ridge Substation Project in
San Bernardino County.
Stacie Tennant is a Senior Project Manager and Wildlife Biologist with 18 years I
Stacie Tennant" ', of experience. She has conducted reconnaissance surveys and habitat evaluations
Role.Sen/or81ologlsWmJectManagar for Endangered, Threatened, and sensitive floral and faunal species; identified I
Years of Experience:18 .,r and classified plants and plant communities;processed resource agency permits; `
Education: Bachelors of Science trvianm and managed projects. She has managed and/or authored the biological resources
Biology sections of numerous EIRs; Biological Technical Reports; Biological
California State University.North Assessments (pursuant to Section 7 consultations with the U.S. Fish and Wildlife
Northridge,CA
Certificafio�: U$FWS tO
Service [USFWS])• focused surveys for sensitive species;Habitat Assessments
�Detmitorcoast9l r, >
Celilomia gnfficatctrer(fio TE +, and Determination of Biologically Equivalent or Superior Preservation Reports
saaa894) for the Western Riverside County Multiple Species Habitat Conservation Plan
CDPW Letter of Agreement,Aefd
investigator for coastal Caldorl*,s.. (MSHCP); and general biological assessments and constraints analyses. She is
gnatcefcher very familiar with the federal, State, and many local natural resources
caPW Sclentific cd(esting Pe
(No.SC-0D2705) regulations, including the requirements of several multiple species plans
including the Western Riverside County and Coachella Valley MSHCPs. Ms.
Tennant's relavant experience includes the Lakeview Substation Project in
Riverside County; the Falcon Ridge Substation Project in San Bernardino
County; the Circle City Substation and Mira Loma-Jefferson Subtransmission
Line Project in Riverside and San Bernardino Counties; the Menifee Heights
Project in Riverside County; the Dos Palmas Monitoring Wells Project in
Coachella Valley; and the City of Twentynine Palms General Plan Update
Project in San Bernardino County.
David Hughes is a Senior Project Manager in Regulatory Specialist Services
David Hughes with twelve years of experience in mitigation planning,restoration monitoring,
Rol&Regu/al oyS4 ew l�latiDellaeatlon '= wetland delineations, and regulatory permitting. Mr. Hughes is also a Certified
Arbodst Arborist and fully-trained practitioner of the California Rapid Assessment
Years of Experience:12 Method (CRAM)for wetlands. He is responsible for completing Jurisdictional
Education: Masters of Science,Ecological °i Assessments/Delineation Reports and assisting both private and public entities
Restoration and Management, with obtaining regulatory authorizations from the U.S. Army Corps of Engineers
UnviBachelor
of Wi:nce,"n,Madison; SACE ,the California Department of Fish and Wildlife CDF the USFWS BachelorofSaendu6n,ology, ) P ( �> >
Behavior,and Evelutlun;Unne Regional Water Quality Control Boards, and the California Coastal Commission.
California,San Diego,CA He is responsible for planning and implementing mitigation projects to comply
Certifications: Certified Aftret(No.WE 7752Aj r,
CRAM Riverine Wedand Module with regulatory permit conditions and mitigation measures pertaining to the L
Trained Practitioner CEQA. Mr. Hughes has expertise in habitat site analysis,habitat mitigation
USAGE Jurisdictional Delineation development restoration monitorin wetland delineations and
Training program P g.
assessments, regulations pertaining to jurisdictional waters,tree inventories and
protection plans, and general mitigation compliance documentation. His relevant
experience includes the Tesoro del Valley Residential Development Project Oak
Tuy� City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
P S O M A S Q
J
Tree Surveys in Los Angeles County; French Valley Parkway Interchange
Project Regulatory Services in Murrieta; and the Canyon Crest Project
Jurisdictional Delineation and CRAM Survey in Brea.
y James Kurtz, an Air Quality,Greenhouse Gas (GHG), and Noise Manager with
JJames Kurtz more than 44 years of technical and project management experience,has
Role.Air Quality, GHG,and Noise Manager performed air quality analysis since 1973 and acoustic analyses since 1989 for
Years or Experience as infrastructure projects; interstate highways and major roadways; residential,
ineenng3
Education: Bachelors of Science Er � # commercial, and institutional developments; commuter rail lines;major utility
University or California,Los Angel installations; and general and specific plans. He has prepared noise and air
CA quality technical studies and related sections of federal and State environmental
J documents. His relevant experience includes the High Desert Health System
1 Multi-Service Ambulatory Care Center Environmental Impact Report in
Lancaster; the John Wayne Airport 2014 Settlement Agreement Amendment
1 Environmental lmpact Report in Orange County; Fallbrook Community Airpark
J lmprovement Project Global Climate Change Impact Analysis, Gillespie Field
Redevelopment and Land Acquisition Air Quality and Greenhouse Gas Study,El
] Cajon Amendment to the Anaheim Resort Specific Plan Supplemental
Environmental Impact Report Air Quality,Greenhouse Gas,and Noise Analyses,
Anaheim; the Banning Ranch Project in Newport Beach; and the Aviation
Station Transit-Oriented Development Project Environmental Impact Report in
Los Angeles County; the Nason Street Improvement Project in Moreno Valley;
and the Triangle Mixed-Use Specific Plan Project in Murrieta.
1 AriefNafta,PE, TE, Traffic Engineer is a Project Manager with over 14 years
of hands-on professional experience in the design and management of various
site, civil,road,highway, and traffic engineering projects serving multiple local
I and regional agencies in Southern California, as well as Caltrans. His project
portfolio encompasses project continuum starting from planning through design,
and construction. His experience includes the Interstate (1)215 Bi-County HOV
Gap Closure;RCTC/SANBAG/Caltrans District 8, San Antonio Avenue Storm
Drain and Street Improvement, City of Upland; State Route(SR)_91/La Sierra
Avenue Interchange,Riverside/Caltrans District 8; Tier 3 and 4 San Bernardino
Valley Coordinated Traffic Signal System for SANBAG; CA Project Study
Report(PSR)I-IO/Grove Avenue, Ontario; and the (PSR)I-IO/Golf Center
Parkway, Indio, CA.
Bruce Kirby,PE, Vice President, Civil Engineering Services, for over 30 years
been involved in land development site engineering and is a professional
engineer that has directed the design of several institutional, retail, commercial,
industrial, residential, and recreational projects throughout southern California.
These projects have included providing such services as preliminary engineering
and backbone engineering design for the grading,roadway, storm drain, sewer
and water infrastructure required for several large master-planned community
projects. Bruce's recent experience in the City of Indio was related to final design
of water quality drainage basins using a series of dry well systems to recharge the
ground water. His experience includes the Victoria Palms Condominiums,Indio;
Adelanto Fire Station;Adelanto Historic Fox Theater Performing Arts Center;
Riverside Riverside Convention Center, Riverside University of California at
:'tip z '• '. Riverside; Riverside,Riverside Community College District-Utility Program
Studies, Riverside; Moreno Valley Medical Office Park; Moreno Valley, and the
California Mission Village Plaza Shopping Center, Riverside.
,�fOyrT�°/y�q City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
PSOMAS
Michael Swan,PE,Senior Project Manager has over 40 years of experience in
Michael Swan,PE project engineering and management of diverse public works and public finance
Role. Senior Project Manager/Water projects. He has extensive experience in water resources master planning and
Supply Assessment design, as well as the development and implementation of financing for these and
Company:Psomas "p other public works projects. His experience includes Paradise Valley Water
Years or Enerlence 40 Resources Master Planning and Water Supply Assessment Mission Springs
Educalior eacnelc•of science Civil Water District Various Water Supply Assessments, Desert HotSprings;
En
gineering,University of
Davis, A Centennial Water Resources Master Planning and Water Supply Assessment,
a
Regrsi ' e s. Registered,k Tejon Ranch; the Platinum Triangle Water Supply Assessment, Anaheim; and
(No,2673 •` the Anaheim Resort Area Specific Plan and Convention Center Expansion Water
Supply Assessment,Anaheim.
Christopher Starbird is a Geographic Information Systems (GIS) Specialist and
-'C rifo Database Manager with 11 years of experience. Mr. Starbird has assisted in the
Role GI completion of mapping projects for municipal,regional, and federal public
Years of Ex'er gn`ark ., 'ia agencies and non-profit organizations using the latest in mapping software from
the Environmental Systems Research Institute. His set of skills includes database
design, spatial analyses, three-dimensional(31))modeling with shade and
shadow analysis,web development, and high quality cartographic design to meet
client and project needs. Mr. Starbird has completed course work in the areas of
GIS, cartography,field techniques in geographic research,web-based interactive
map presentation, and digital imaging. His relevant experience includes the High
Desert Health System Multi-Service Ambulatory Care Center Environmental
Impact Report,the Aviation Station Transit-Oriented Development Project
Environmental Impact Report,The Ranch Plan Environmental Impact Report, r
the French Valley Parkway Interchange Environmental Impact Report,and the `
Circle City Substation Project. r
L
A.5 SUBCONSULTANT TEAM MEMBERS
BonTerra Psomas will be supported by experienced subconsultants when their r
expertise is determined necessary to meet specific technical requirements of a L
project. Technical areas for which BonTerra Psomas utilizes subconsultantg
include,but are not limited to, geology and soils, hazards(e.g., groundwater/soil
contamination, asbestos,and lead-based paint), and traffic for high-profile C
projects requiring a local traffic consultant.
BonTerra Psomas maintains excellent working relationships with numerous r
subconsultants and we only contract with companies that have proven track L
records for providing exceptional quality work products in a timely and
cost-efficient manner.BonTerra Psomas has included on their team Fehr&
Perers and Petra Geotechnical.
Fehr & Peers
Fehr&Peers specializes in providing transportation planning and traffic
engineering services to public and private sector clients. We emphasize the
development of creative,cost-effective, and results-oriented solutions to
planning and design problems associated with all modes of transportation.
Rather than trying to offer a multi-disciplined approach,we choose to focus on
being the best traffic engineering and transportation planning consulting firm.
Maintaining this singular focus on transportation enables us to provide
state-of-the-practice expertise to our clients. We are nationally-recognized
City of Palm Springs I On-Call Environmental Assessment(CECA)Services
P S 0 M A S
experts in these areas as evidenced by the fact that we routinely publish many
professional papers, serve on national committees, and teach courses to others
in the industry.
Clients hire Fehr&Peers because we provide the right combination of
leading-edge technical skills,high-quality work, and superior client service.
We thrive on challenging assignments in controversial environments where
complex'problems can only be solved by using state-of-the-practice analytical
techniques, developing innovative,yet practical solutions,and achieving
consensus amid the diverging views of stakeholders. We often find ourselves
called into projects where others have failed. We consider each potential
assignment carefully, and we only accept those projects to which we are fully
committed and able to complete successfully.
Fehr&Peers has extensive experience in various facets of transportation in Palm
Springs and the Coachella Valley,including the Indian Canyon Drive
Transportation Assessment,Monterey Avenue Signal System Synchronization,
the Westfield Palm Desert Expansion Traffic Study,the Palm Desert Aquatic and
Recreation Center Traffic Study, the River and Rancho Mirage Traffic
Circulation Study, and the Indian Canyon Drive Signal Timing Study.
Completed Desert Project Experience
a Westfield Palm Desert Expansion Traffic Study
a Palm Desert Aquatic and Recreation Center Traffic Study
a River and Rancho Mirage Traffic Circulation Study
a I-15 Cajon Pass Rehabilitation
Ia San Bernardino Home Depot
Christopher Gray, Associate-in-Charge of Transportation
Christopher J. Gray,AICP, is a Senior Associate with 18 years' experience in
transportation planning, Sustainable Transportation, Complete Streets, climate
change studies, travel demand forecasting,parking studies, transit studies,and
Smart Growth. Mr. Gray has worked extensively in California,other areas of
the United States, and internationally. He earned a Bachelor's of Arts in
Political Science from the University of Florida and a Master's of Science in
Planning from Florida State University.
Petra Geotechnical, Inc.
Petra is a geotechnical and environmental consulting firm founded in 1975 as
Earth Research Associates, and incorporated in 1988 as Petra. Our workforce
consists of an interdisciplinary group of professionals including licensed
engineers,geologists, environmental scientists,hydrogeologists,technicians,
and administrative support staff. Our current geographical focus is throughout
southern California. We have four offices serving the the Desert Region and
the counties of Orange, San Diego,Riverside, San Bernardino,and Los
Angeles. Petra has been serving the Coachella Valley with permanent presence
since 2006 and has been helping development project solve the unique
challenges associated with the Coachella Valley
The specific subconsultant firm(s)to be utilized would be selected based on
consultation with the City of Palm Springs to determine the most appropriate
firm,based on their experience, working relationship with the City of Palm
, Tp City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
PSOMAS
Springs, and ability to complete the work on time and within budget. BonTerra
Psomas would work with City of Palm Springs staff in the subconsultant
selection process to ensure that each project team best meets the needs of that
project.
Completed Desert Project Experience
• Due Diligence Geotechnical Assessment, Beazer Homes,Palm Springs,
CA
• Geotechnical Investigation Viceroy Hotel,Palm Spring, CA
• Geology Support for Environmental Impact Report—Blixseth Oasis [
Estate, Oasis, CA
• Preliminary Geotechnical Investigation College of the DesertThermal,
CA
• Preliminary Geotechnical Investigation Sobel Enterprises City of La
Quinta
• Preliminary Geotechnical Investigation for Environmental Impact Report
Thermal, CA
ALAN PACE, Senior Associate Geologist
Mr. Pace started his career in the field of engineering geology in 1987.In the
ensuing years his experience has comprised performing and managing
geotechnical and environmental investigations for proposed development of
roads,pipelines and tunnels, landfill improvements,residential/industrial
projects, including groundwater monitoring, well installation and soil and
groundwater sampling for analytical testing. These investigations addressed the
potential effects of adverse geologic conditions (e.g.,active faulting, landslides,
slope stability, suitability of fill/foundation materials, depth to bedrock and
groundwater). Mr. Pace has also performed geotechnical construction r
management of large earthwork projects involving several million cubic yards of L
compacted fills and numerous other types of civil construction projects.In
addition,he has supported geotechnical engineering staff in performing slope r
stability analysis, evaluating settlement of engineered fills and native materials, L
and evaluating results of geomechanical testing of rock and soil samples. r
L
C
[l
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
P S 0 M A S n
i
B Understand CEQA and NEPA Requirements
and Processes
I �
City of Palm Springs
On-Call Environmental Assessment (CEQA) Services
SECTiON Understanding CEQA and NEPA Requirements
I and
l' B Processes
BonTerra Psomas has an impressive portfolio of completed
' environmental work products that directly correspond to the expertise
requ red to process the wide assortment of projects requesting
discretionary land use applications at the City of Palm Springs. Potential
' projects may involve,but would not be limited to,public and/or private
sector development projects that may require general plan amendments,
zone changes, and/or conditional use permits; significant resort hotels
with adjoining retail; single-family subdivisions with recreational
components; and projects at the Palm Springs International Airport.
BonTerra Psomas has experience in each of these types of projects and
will bring extensive knowledge to the environmental documentation
process, supported by the following in-house technical specialties,as
needed: biological resources surveys; cultural resources analyses; air
quality, climate change, and noise studies;traffic studies; civil
engineering for drainage/utilities; water supply assessments; and
GIS/database management.
8.1 WORK PLAN PROCESS AND
METHODOLOGY
• BonTerra Psomas has extensive experience in the preparation of
comprehensive CEQA/NEPA documents for public and private sector
have always been coinp/eted on clients throughout southern California. BonTerra Psomas provides
schodule and Itasks ate often completed within unparalleled expertise in the preparation of EIRs and IS/MNDs for a
24 hours. Additionally BonTcrta variety of projects ranging from small developments with localized
impacts, to large development projects that involve multiple
create legally defen6ibte Jurisdictions, complex environmental challenges,public controversy, and
documents and are aware of attorney involvement. BonTerra Psomas takes pride in our ability to
challenges and solutions that navigate a project from application submittal through the CEQA process
development projects have. to project approval.
Carlene Matcliniff BonTerra Psomas understands that the inherent complexities of
Vice President Entitiements high-profile projects that have the potential to present opportunities for
legal challenges against the CEQA documentation. BonTerra Psomas
prepares documents with this potentiality in mind and has an excellent
track record of preparing thorough CEQA documents that are capable of
withstanding legal challenges. BonTerra Psomas conducts quality
assurance reviews both during the preparation of environmental
documents as well as prior to submittal of draft documents to confim
that appropriate technical standards have been met. BonTerra Psomas is
accustomed to working closely with legal counsel and City Attorneys,
and expects that such a collaborative effort may be necessary at certain
points during document preparation for the City of Palm Springs.
An overview of our approach to preparing environmental documents
pursuant to CEQA is summarized below.
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
P$ SMAs
Overview of Environmental Impact Report Process and
Methodology
Project Initiation
It is critical to the successful completion of a project that all members of
the Project Team meet prior to the commencement of the FIR analysis to
ensure that everyone agrees to a communication protocol and project
schedule. During this stage of the project, BonTerra Psomas facilitates a
kick-off meeting with the Project Team (i.e.,Project Applicant, City of
Palm Springs staff,applicable subconsultants)to discuss the FIR format,
required technical studies, and milestones/schedule. Project initiation
efforts are intended to identify informational needs and project issues; to
develop strategies for addressing these issues;to disseminate information
to staff and subconsultants; and to identify sensitivities and potential
issues of concern to citizens, organizations, or other agencies that need to
be considered through the CEQA process.
During this stage of the project,BonTerra Psomas works closely with the I
Project Team to ensure that all parties understand the Project Description
and have the information they need to commence their respective
analyses. Additionally, BonTerra Psomas conducts a site visit to become
familiar with the site and surrounding areas and to photographically
document the existing conditions for use as the baseline condition of the
Project area in the FIR.
Notice of Preparation and Initial Study
BonTerra Psomas prepares the Notice of Preparation(NOP) of an FIR,
which provides an overview of the project description, location, and the
anticipated environmental impacts/topics to be addressed in the FIR; and
expected permits required for project implementation. The NOP will also
include information about the Scoping Meeting. Notice of Completion
(NOC)is prepared and submitted to the State Clearinghouse. Both the
NOP and NOC are provided to the Project Team for review, and
BonTerra Psomas distributes the NOP using a mailing list provided by r
the City of Palm Springs, with assistance from BOnTerTa Psomas if l:
desired. 44
The preparation of an Initial Study may or may not be necessary for
particular project, and the potential benefits of preparing an IS should be
discussed with the City of Pahn Springs prior to finalization of a Scope
of Work. If directed, BonTerra Psomas would prepare a draft IS that
provides a preliminary assessment of environmental topics,referring the
reader to the forthcoming FIR for in-depth analysis and mitigation
measures, if necessary. If it can be adequately documented that there a
would be no project impact, an environmental topic could be"focused
out"of the FIR through the Initial Study, and no further FIR analysis
would be required. BonTerra Psomas is responsible for finalizing the
Initial Study and for coordinating the printing and mailing of the
document, and availability for viewing at the local library.
Scoping Meeting Facilitation
Ms. Keeling is experienced in participating in and facilitating public
scoping meetings to inform responsible agencies and community
stakeholders about a project's purpose, the CEQA process and a
A City of Palm Springs I On-Call Environmental Assessment(CEOA)Services
environmental topics to be analyzed, anticipated project-related impacts,
' and possible mitigation measures. The purpose of a Scoping Meeting is
to solicit feedback from meeting attendees in such a way that informs the
scope and content of the EIR. BonTena Psomas believes that Seeping
' Meeting participation is something to be welcomed and encouraged, as it
can provide an early indication of any controversies or concerns that
should be pro-actively addressed in the EIR.
' BonTerra Psomas coordinates and facilitates the EIR scoping meeting, as
directed by the City of Palm Springs. If desired, BonTerra Psomas
prepares a PowerPoint presentation and is responsible for preparing the
' Sign-In Sheet and Comment Cards. Graphic presentation materials/poster
boards can also be prepared by BonTerra Psomas. Following the scoping
meeting, BonTerra Psomas prepares a Memorandum that summarizes the
' issues raised at the scoping meeting,which is summarized and included
within the EIR.
Environmental Impact Report Preparation
BonTerra Psomas prepares the Screencheck Draft EIR with consideration
of the comments received during the NOP public review period and input
from responsible agencies. In order to conserve resources,if agreed by
the City of Palm Springs,BonTerra Psomas would submit the
Screencheck Draft EIR electronically(i.e. PDF and Word) for review
and comment. Once comments have been received,BonTerra Psomas
prepares a Second Screencheck Draft EIR, a Third Screencheck Draft
EIR,and then an Approval Draft, for final review and approval for public
distribution. BonTerra Psomas's approach to preparing key sections of
1 the EIR is provided below.
Introduction and Project Description:BonTerra Psomas works closely
with the Project Team to prepare a Project Description that articulates the
characteristics of the various components of the project and the project
objectives. This is the basis for all of the analyses within the EIR;
therefore, the Project Description must be clear and comprehensive.
I Distribution of the draft Project Description to the Project Applicant/City
of Palm Springs for review is recommended prior to commencement of
the impact analyses within the EIR. This preliminary review is advisable
because it allow the Project Team an opportunity to vet and confirm all
` of the assumptions that will be used throughout the EIR. Careful review
of the Project Description and revisions to this section early in the EIR
process can ensure that the project proceeds smoothly and efficiently in a
cost-effective manner.
Environmental Setting/Existing Conditions:BonTerra Psomas prepares
a description of the existing environmental setting at the project site and
in surrounding areas. This section is based on information obtained
during site visits; aerial photographs; information provided by technical
team members; and any relevant information that is available from
existing documentation. The CEQA Guidelines require that the
environmental setting reflect the conditions that exist at the time that the
NOP is issued. This section includes a summary discussion of the
regional and local surroundings and land uses; available public services
and utilities; and existing natural resources (e.g., biological resources,
drainage/hydrology, topography) and man-made resources (e.g., cultural
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
PSit� l� A3
resources, transportation network) that surround and are on the project
site. This section also provides an overview of the regulatory framework
applicable to the project, including land use plans and regional plans and
policies. More details are provided in each of the topical areas contained
in each chapter of the EIR.
Cumulative Projects:BonTerra Psomas clearly states the cumulative
analysis methodology, which is based on information gathered from
several sources. BonTerra Psomas recommends using a worst-case
conservative approach to the cumulative analysis given the propensity 1
for project opponents to attack this analysis. This recommended
approach involves using both methods set forth in Section 15130(b) of I
the CEQA Guidelines. This section allows the use of either(1)a list of
past,present, and reasonably anticipated future projects that could
produce cumulative impacts or(2)a summary of projections contained I
within an adopted general plan or related planning document that
considers regional conditions. If agreed by the City of Palm Springs,
each section of the EIR will include its own cumulative impact analysis. Ili
This is our preferred format because each topical area will have its own
applicable cumulative area for consideration. For instance, for air quality,
the applicable cumulative area under consideration is the entire South
Coast Air Basin,whereas the area of consideration for education is
limited to the project's applicable school district.
Environmental Analysis:For each topical issue addressed,the EIR will
contain a discussion of the following: analysis methods;physical
environment in the project area; regulatory framework applicable to the
project;thresholds of significance based on the City of Palm Springs's
environmental checklist; significant direct and indirect environmental
effects; mitigation measures; and the level of significance prior to and
after any mitigation. The EIR will clearly identify significant
environmental effects anticipated for each environmental issue. If
desired,the EIR will differentiate among features of the Project Design
Features (e.g. project components intended to avoid impacts); Regulatory
Requirements (e.g. codes,regulations, and other requirements that would
apply to a project regardless of CEQA); and mitigation measures (e.g.
measures required to reduce or avoid an environmental impact). For each
topical issue,the EIR will identify the level of significance prior to and
after mitigation,based on the established thresholds.Project effects that C
cannot be mitigated to a level considered less than significant are
identified.
BonTerra Psomas provides all of the technical in-house expertise for the
following CEQA topics:
Aesthetics LJ
Agriculture and Forestry Resources LJ
Air Quality and Greenhouse Gas Emissions
• Biological Resources
Cultural Resources (architectural/historic property evaluation would a
require a subconsultant)
• Hazards and Hazardous Materials
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
� $ � 1jlA3 n
I �
Hydrology/Water Quality
• Land Use/Planning
Mineral Resources
• Noise
Population/Housing
• Public Services
• Recreation
' • Transportation/Traffic
Utilides/Service Systems
Topical areas that would require subconsultant involvement include:
Geology and Soils (geotechnical engineer required)
• Hazards and Hazardous Materials(if known contamination, a Phase I
and/or Phase H Environmental Site Assessment would require a
subconsultant)
• Traffic/Transportation (for large and/or controversial projects
involving complex traffic considerations requiring a local presence)
As previously discussed, BonTerra Psomas has many established and
successful working relationships with various subconsultants, and has
included Fehr and Peers (traffic)and Petra Geotehnical
(hazards/geology/soils). If the City of Palm Springs has preferred
technical consultants for specific topical issues,those subconsultants can
be brought onto the Project Team, as needed.
I Public Review
BonTerra Psomas is responsible for the reproduction and distribution of
copies of the Draft EIR and Notice of Availability(NOA)and NOC to
the State Clearinghouse and to those on.a distribution list, assumed to be
Ithe same as the NOP mailing list, with additions from the scoping
meeting. BonTerra Psomas produces and distributes CDs of the Draft
EIR and Technical Appendices to accompany the NOA,and hardcopies
for distribution to local libraries and the Project Team. This effort also
includes coordinating the preparation of the document in PDF format for
use in CDs and inclusion on the City of Palm Springs's website.
BonTerra Psomas posts the NOA with the County Clerk and fees
associated with this posting are included. Additionally,BonTerra Psomas
prepares an abbreviated NOA for publication in a newspaper of local
circulation to announce the public review period.
Responses to Comments, Errata, and Mitigation Monitoring and Reporting
Program
Upon the close of the public review period, BonTerra Psomas reviews all
comments received on the Draft EIR and organizes the comments for
distribution to Project Team members, as necessary. Comment letters are
bracketed into discrete questions that are then assigned to Project Team
members, including subconsultants,for response. Responses are prepared
to correspond to each of the bracketed comments, and all letters/
responses are combined into one document. BonTerra Psomas will
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
R S Yit W A ;4
coordinate with the City of Palm Springs on the approach to preparing
the responses to comments to resolve any outstanding issues and to
provide an agreeable resolution to the comment. If necessary, an Errata is
prepared that adjusts any text in the Draft EIR in response to comments
received. After review by the City of Palm Springs,the document would
be revised according to comments received. The responses to agency
comment letters would be sent at least ten days prior to the project's
consideration for approval.
BonTerra Psomas will prepare a Mitigation Monitoring and Reporting
Program(MMRP)for adoption at the time of the Final EIR. The MMRP
sets forth all of the mitigation measures from the Draft EIR, including
any revisions made through the Response to Comments process, and
provides the timing and entity responsible for compliance with adopted
mitigation requirements during project implementation. Upon receipt of
comments from the City of Pahn Springs, BonTerra Psomas will revise
the document accordingly and submits the approval draft(in both clean
and"track change"format) for approval to print.
Findings of Fact and Statement of Overriding Consideration
BonTerra Psomas will prepare a draft Findings of Fact and a Statement
of Overriding Considerations to the City of Palm Springs based on the I
City's preferred format. There are standard formats for these documents;
however,in our experience, each Lead Agency has a preference for a
specific template and level of detail. Therefore, BonTerra Psomas tailors
these documents to the preference of the Lead Agency. Upon receipt of
comments from the City of Palm Springs,BonTerra Psomas will revise
the document accordingly and submits the approval draft(in both clean p
and"track change"format) for approval to print. l
Project Management and Meetings
BonTerra Psomas is available to participate in public information
meetings at the request of the City of Palm Springs. At public meetings,
BonTerra Psomas is available to answer questions on the EIR and
environmental analysis and facilitate information sharing through visual
graphics and/or PowerPoint presentations. Importantly,BonTerra
Psomas is available to attend all public hearings (e.g. Planning
Commission, City Council)and meetings with applicable
jurisdictions/responsible agencies, and answer questions related to the L
CEQA documentation. All BonTerra Psomas team members are
experienced and adept at providing helpful technical responses and
clarifications for decision-makers at public meetings and hearings, and at
making presentations at public hearings.
Throughout the CEQA process,BonTerra Psomas maintains regular
telephone and email communications with the Project Team, as
appropriate, to discuss the status of the Project or environmental issues as
they arise. Meeting minutes are provided after each meeting/conference r
call to document decisions made and outstanding action items. BonTerra L
Psomas is responsible for managing the CEQA process for the City of
Palm Springs, including ongoing Project Team coordination to ensure n
compliance with the Scope of Work, budget, and schedule, and to 'ul
disseminate project information in a timely manner,resulting in
consistent information for all technical reports. BonTerra Psomas is able n
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
P $ � wlJ► 3 (�
to participate in regularly scheduled weekly/bi-weekly conference calls
and/or meetings, and is responsible for ensuring that all work products
are delivered on time and within budget.
Overview of Initial Study/Mitigated Negative Declaration
Process and Methodology
The risks and benefits of preparing an IS/MND as opposed to an EIR,
should be carefully considered when determining the appropriate level of
environmental documentation for a particular project. BonTerra Psomas
believes that unless there are compelling extenuating circumstances, such
' as a high level of public controversy surrounding the project and/or a
likelihood of litigation, then an EIR should only be prepared when there
will truly be significant impacts that would remain significant after
' mitigation.
It is often possible, if the Project Applicant is willing and able, to adjust
construction schedules and/or techniques to reduce impacts to less than
' significant levels, thereby allowing for the preparation of an IS/MND.
However, as set forth in CEQA Guidelines Section 15064(f), if a lead
agency is presented with a"fair argument"that a project may have a
significant effect on the environment,the lead agency shall prepare an
EIR. Therefore, an IS/MND may be rejected by the courts if opponents
present a fair argument, which is a relatively low threshold to meet;
therefore,the level of controversy and magnitude of the potential
environmental impacts of each project should be considered on a
case-by-case basis prior to determining whether to pursue an IS/MND or
an EIR.
For projects that would require the preparation of an IS/MND, BonTerra
Psomas's approach to the environmental analysis is summarized below.
IProject Initiation
BonTerra Psomas would facilitate a kick-off meeting or conference call
with the Project Team(i.e.,Project Applicant, City of Palm Springs staff,
and applicable subconsultants)to discuss the Project Description,
required technical studies,and milestones/schedule.Project initiation
efforts are intended to identify informational needs and project issues; to
j develop strategies for addressing these issues; to disseminate information
to staff and subconsultants; and to identify sensitivities and potential
issues of concern to citizens, organizations,or other agencies that need to
be considered through the CEQA process.
During this stage of the project, BonTerra Psomas works closely with the
Project Team to ensure that all parties understand the Project Description
and have the information they need to commence their respective
analyses. Additionally, BonTerra Psomas conducts a site visit to become
familiar with the site and surrounding areas and to photographically
document the existing conditions for use as the baseline condition of the
Project area in the IS/MND.
Initial Study/Mitigated Negative Declaration Preparation
BonTerra Psomas prepares the Screencheck IS/MND and would submit
the document electronically(i.e. PDF and Word)to the Project
Applicant/City of Palm Springs for review and comment. Once
lWlSai City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
P S 6 A A 8
comments have been received, BonTerra Psomas prepares a Second
IS/MND, and then an Approval Draft, for final review and approval for
public distribution.
BonTerra Psomas's approach to preparing key sections of the IS/HIND is,
similar to the discussion set forth above for an EIR preparation, although
the amount of detail in the existing conditions and impact analyses is
appropriately reduced to address the specifics of the project. Other
sections not required for an IS/MND include,but are not limited to, a
discussion of the Project Objectives, the Alternatives analyses,
discussions of Significant Irreversible impacts; Growth-Inducing
impacts; and the Cumulative analyses (except where explicitly required J
by a threshold of significance).
Public Review
BonTerra Psomas is responsible for the reproduction and distribution of
CDs of the IS/MND,Notice of Intent(NOI)to Adopt an MND, and
NOC to the State Clearinghouse(if applicable)to those on the City's I
mailing distribution list. This effort also includes coordinating the
preparation of the document in PDF format for use in CDs and inclusion
on the City of Palm Springs's website. BonTerra Psomas posts NOI with
the County Clerk and fees associated with this posting are included.
Additionally,BonTerra Psomas prepares an abbreviated NOI for
publication in a newspaper of local circulation to announce the public
review period.
Responses to Comments, Errata, and Mitigation Monitoring and Reporting
Program
According to CEQA Guidelines Section 15074, a lead agency does not
need to prepare a formal response to comments document, but rather, the
decision-making body must consider the IS/MND together with any
continent received during the public review process. However, it is
common practice for lead agencies to provide the decision-making body
with a set of written responses to all comments received for their use in
deliberations on whether to approve the project. The preparation of these
documents are very similar to the process set forth for the EIF, as
described above;however, fewer comment letters are anticipated to be
received in the preparation of an IS/MND.
Project Management and Meetings
BonTerra Psomas's level of participation in meetings is based on the
preferences of the Project Applicant/Lead Agency and our Scopes of
Work can be prepared to include a wide variety of participation in
conference calls and meetings. BonTerra Psomas is responsible for
managing the CEQA process for the City of Palm Springs,including
ongoing Project Team coordination to ensure compliance with the Scope
of Work,budget, and schedule, and to disseminate project information in a
a timely manner,resulting in consistent information for all technical
reports.
i�
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
B,2 BUDGET COMPLIANCE AND MEASURES
TAKEN FOR PROJECT COMPLETION
It is the Project Manager's responsibility to execute the agreed upon
work products, as set forth in the project's contracted work plan,within
the agreed upon budget and schedule constraints. BonTerra Psomas has.
an advanced accounting system available to all Project Managers that
' provide up to the day information on the status of staff hours and billings
to a project.
At the outset of the Project,Ms. Keeling will begin with the contracted
fees and develop an internal implementation budget, which allocates
specific hours per task to the assigned team member. This hours/budget
allocation is shared with each team member through the conduct of an
internal kick-off meeting in which important project details are
discussed, including project budget, schedule, communication protocols,
and client priorities.
' Cost Control Approach
With BonTerra Psomas' regular and proactive communication
' throughout the course of a project, we are consistently able to deliver
projects according to the scope and within budget,and also able to look
for viable cost reduction methods. We make it a priority to be aware of a
project's financial situation by submitting timely and complete billing
records, as well as completed and accurate cost estimates,both of which
are important to a project's success.
Cost controls are a direct result of having a good quality control plan.
Budget status and personnel utilization reports,by task and employee,
are produced weekly using our financial management software, as well
I as the intranet. Psomas' "Project at a Glance"accounting system is
linked with our internal intranet to facilitate information sharing and
provide up-to-date project information. This information provides daily
financial updates to the task managers. Project at a Glance provides the
management and accounting staff with a detailed account of each project
and task with regards to budget,hours worked, individual employee
hours, and project cost. The accuracy of this system is one of the most
important reasons BonTerra Psomas routinely completes projects on time
and under budget.
In addition to the budgeting measures described above,BonTerra Psomas
has standards of client service that ensure that all contracted work plans
are completed to the satisfaction of the client. Through the CEQA
process,it is possible that complications and/or unforeseen problems will
arise that must be addressed. These problems should be resolved quickly
to ensure they do not delay the project's completion. BonTerra Psomas
considers problem solving to be a key strength of our practice. Our
long-standing clients often contact us to provide consultation on
problems that require immediate attention and resolution. Once BonTerra
Psomas has established a positive and productive working relationship
with a client, it is our priority to maintain that relationship by providing
responsive and informed guidance, when asked, and to provide our
services in a timely manner. We have a team-centered philosophy toward
problem-solving and believe that all feasible ideas are welcomed for
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
�PSSONAS
discussion if they contribute to the goal of effectively addressing the
concern. Our objective is to be of service and value to the City of Palm
Springs and consider this to be one of our primary consulting
responsibilities.
Quality Assurance/Quality Control Approach
The BonTerra Psomas Project Team is committed to providing
environmental documentation of superior quality. Conducting in-house
quality assurance/quality control(QA/QC)reviews concurrent with the
preparation of written technical documents is one method that BonTerra
Psomas uses to ensure the delivery of thoroughly comprehensive
environmental documents. Prior to submitting any documents to City of
Pahn Springs, our in-house QA/QC review process will be completed to
ensure that task requirements have been adequately addressed and that
appropriate technical standards have been met. This QA/QC function is
the responsibility of all project team members;however, the designated
Project Manager(Kristin Keeling), the Principal-in-Charge(Kathleen
Brady), are specifically assigned to carry out this process. These senior I
professionals will provide their many years of experience to ensure that
all deliverables meet applicable technical and contractual requirements.
All environmental documents are reviewed by the Project Manager for I
technical accuracy,proper nomenclature, appropriate level of detail,
compliance with the agreed upon work task deliverables,and
methodological consistency. Following that review,the
Principal-in-Charge reviews the work product to confirm that it meets
our high standards for legal defensibility and comprehensively addresses
the environmental impacts, including consideration of known r
controversies. In addition, all documents prepared by BonTerra Psomas L
staff are edited by a Technical Editor for consistency of terminology,
correct grammar and spelling,proper word choice,readability, format
compliance, and correct citations. If requested,the Technical Editor can
also compile the referenced documents as the sections are prepared to
ensure that the Administrative Record is complete once the
environmental document is released for public review. C
13.3 SCHEDULE COMPLIANCE AND E
COMMUNICATION
BonTerra Psomas' success is largely due to our commitment to providing r
unparalleled client-centered services, as exhibited by the assigned Project L
Manager, Ms.Kristin Keeling. The standard project management
practices she routinely implements include the following: r
• Weekly monitoring of each team member's billings to the project )u
and tracking against the implementation budget;
Internal team member daily/weekly updates about the status of
project schedule milestones;
• Immediate notifications to the Client regarding any issues of Q
potential concerns or topics requiring guidance from the Lead
Agency;
' City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
P8lN7AS (�
Regularly scheduled conference calls and or meetings with the
Client, facilitated in accordance with an agreed-upon Meeting
Agenda; and
' Preparation of Meeting Minutes and Action Items to track progress
toward project completion.
A unique project management tool that BonTerra Psomas will make
' available to the City of Palm Springs, and utilize for Project Team
management, is a custom-developed project extranet application called
"ProjectWeb". ProjectWeb was developed by Psomas' Web Team to
' provide an easy-to-use, quick, and secure method for sharing data. Much
like other tools that are available (e.g. FTP websites),Project Web's
architecture was designed to focus on the need to easily transfer and
' share data among Project Team members. However, unlike other tools,
this application maintains a clean interface that is streamlined to facilitate
ease of review,tracts all activities on the site, and maintains a permanent
record of all documents and transactions to improve efficiency in our
' projects.
Unique features of the ProjectWeb include the following:
' A unique account for each individual, with a unique log-in and
password, providing security all the way to the project and file
levels;
• Web-based graphical interface that is intuitive and easy to use;
• Search capabilities and a summary of new items posted;
• Multiple file upload and download capabilities that are available to
all Team Members with administrative rights.
Nightly data backups to ensure file/data availability
i
B.4 ENVIRONMENTAL IMPACT REPORT'
I CARRIED OUT IN A DESERT
ENVIRONMENT
I BonTerra Psomas has prepared environmental documents for many
projects in desert environs. These are specifically listed in individual
biographical paragraphs. We have used the following projects as an
j example of experience and approach throught this section. BonTerra
Psomas is currently working on a Program EIRI for the West Desert Hot
Springs Master Drainage Plan (WDHS MDP), which consists of an
approximately 47-square-mile alluvial plain that includes the western
section of the City of Desert Hot Springs, unincorporated County area,
and a small area at the northern end of the City of Palm Springs. The
Riverside County Flood Control and Water Conservation District
(RCFC&WCD)is responsible for developing the Master Drainage Plan
but the City of Desert Hot Springs is serving as the Lead Agency. The
This Program EIR is still in draft form and has not yet been released for
public review.
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
pS 014Aa
RCFC&WCD and the City of Palm Springs are serving as Responsible
Agencies.
The WDHS MDP is a conceptual planning document that identifies the
drainage needs of the Garnet Wash, Mission Creek, and Morongo Wash
watersheds and proposes regional and local drainage facilities that would
relieve flooding problems within the project area. The proposed project
consists of three components: (1) administration of the WDHS MDP;
(2)future construction of the various flood control facilities proposed in
the WDHS MDP; and(3) future operations and maintenance of the flood
control facilities. Drainage infrastructure facilities identified in the
WDHS MDP include the following:
Regional Flood Control Facilities
Approximately 10.6 miles of concrete-slope-lined earthen levee
systems along both Morongo Wash(8.5 miles) and Mission Creek
(2.1 miles).
• Widening and slope lining channel improvements for 4.7 miles of
Mission Creek.
3 regional groundwater recharge basins on approximately 218 acres
for groundwater recharge. +
• 4 water quality basins for existing urban drainage from the existing
developed portions of the City to the regional drainage system. I
• 2 new and I replacement all-weather bridges to allow for
unobstructed access during heavy rains.
• Floodplain management control measures (e.g. land use restrictions)
for the Garnet Wash flood hazard area(approximately 1,400 acres).
Local Drainage Facilities
Approximately 49.9 miles (i.e. 37 major storm drains) of open
drainage channels for the local watershed and the urban
drainage/storm water management system r
• 9 storm water detention basins on approximately 126 acres (ranging 11
in size from 7.4 acres to 51.5 acres)for the local watershed systems.
Construction of these improvements would remove 2,820 acres of land C
from the 100-year floodplain, as currently mapped with flood hazards t
associated with flows in Mission Creek and Morongo Wash.
As part of this Program EIR,BonTerra Psomas implementing a number
of practices to maintain efficiency in the overall work effort and keep the
Project Team on schedule.
Responsiveness and Attentiveness
BonTerra Psomas strives to maintain accessibility and open lines of
communication with all Project Team members in a consistent and
time-sensitive manner. The WDHS MDP project has three jurisdictions
(i.e. City of Desert Hot Springs, RCFC&WCD, and die City of Palm
Springs)that would be directly impacted by project implementation, each (�
with varying interests and level of involvement in the EIR process. This (J
requires an exceptional level of coordination and pro-active
City of Palm Springs)On-Call Environmental Assessment(CEQA)Services
r AIS
communication to ensure that all parties are informed and provided
' adequate opportunity to be involved in the CEQA process.
At the project kick-off meeting, communication protocols were clarified
' to ensure that all primary contacts are included in email communications.
Ms. Keeling(Project Manager)and Ms. Alido (Sr. Environmental
Planner)are committed to returning client calls on the same day,
' responding to emails within a 24-hour period, responding to client
requests within agreed-upon timelines, and using the established
communication protocol to ensure that all parties are informed. At the
outset of the project, Ms. Keeling scheduled monthly conference calls,
' which she facilitates and prepares/disseminates the meeting agenda for
Project Team review and revision.Ms. Keeling routinely follows up the
calls with Draft Meeting Minutes and Action Items for review and
Iapproval by the Project Team.
Ms. Keeling has made herself available on short notice for ad-hoc
conference calls and meetings. As unforeseen issues or concerns arise,
' we bring them to the Project Team's attention immediately via email or
phone calls,potentially to be further discussed in more detail during
monthly conference calls.
' Creative Ability
The WDHS MDP is unique because the actual construction impacts
I associated with project implementation would not occur for years, and
ultimately would depend on various factors that may be outside the
control of the lead agency. As such,a Program EIR was determined to be
I the appropriate CEQA document, as construction-level details and
designs would not be known until a future date when implementation
was imminent, Therefore, we were tasked with using our creative
I abilities to appropriately frame the Project Description and impact
discussion to account for activities that are not fully defined,would occur
in the distant future,and could change as final engineering occurs.
BonTerra Psomas worked with the Project Team to develop a reasonable
"worst-case"construction scenario to assess in the Program EIR. This
approach considered a feasible,yet conservative, array of construction
assumptions that would allow the EIR to adequately cover
construction-related impacts in a future condition. The goal is to allow
the project to be implemented with the least amount of additional future
CEQA documentation (or no additional documentation)pursuant to
CEQA Guidelines Section 15168(c). The Program EIR is relying on
existing studies and documentation, but is also structured for flexibility
and requires site-specific surveys to be completed when individual storm
drain facilities are designed, to refine and/or confirm the impact
assumptions in the Program EIR.
Knowledge and Understanding of the Latest California Environmental
Quality Act Requirements
At BonTerra Psomas,we follow CEQA and NEPA case law closely. We
have a Principal at BonTerra Psomas on the Legislative Team of
California American Planning Association(APA) and our Environmental
Services staff have a regularly scheduled team meeting to discuss CEQA
updates and court cases, and whether ongoing projects could be
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services 10
P $ 0 M A S
impacted. We have prepared the Draft Program EIR for the WDHS MDP
with a conscious effort to comply with the outcomes of recent CEQA
court cases. We also have a Principal-In-Charge responsible for
reviewing all documents for legal adequacy.
Analytical Capability
An in-depth understanding of the CEQA process and technical
requirements is critical for the preparation of a legally adequate
document.BonTerra Psomas has over 60 environmental professionals
with expertise in various technical disciplines that require specialized
skills, such as:Air Quality and Greenhouse Gas analyses, which requires
staff that are capable of using CalEEMod including the EMFAC 2011
and OFFROAD 2011 databases; Biological Resources analyses, which
require federal/State permits for special status species surveys and -
scientific collection; and Cultural Resources analyses,which requires an
RPA and meets the Secretary of Interior's standards for historic
preservation programs for archaeology. Our staff of Environmental
Planners is highly capable of providing general plan/zoning consistency I
analyses and land use compatibility analyses, which are critical skills for
analyzing projects that require a General Plan Amendment. The Scoping
Meeting for the project allowed us to discern public concerns and issues. I
We have relegated the responses to these concerns to team members with
the knowledge and expertise to address them.
In the case of the WDHS MDP, one notable consideration is the fact that
the Coachella Valley MSCHP is in the process of being amended to
include the City of Desert Hot Springs;however, the final approvals have
not yet been completed. The WDHS MDP Program EIR must consider r
the impacts of the project implementation at the time of the issuance of L
the NOP, and not the future planned condition.As such,the Program
EIR assessed the biological impacts of the project as if the City was not a
member of the MSHCP;however, the document considers the future
condition, as it is a reasonably foreseeable event that will directly impact
how biological resources are assessed. The Program EIR includes an
assessment of impacts under both conditions.
Oral and Written Communication Skills
Oral and written communications are the cornerstones of successful
consulting services. BonTerra Psomas takes great care to keep clients L
informed of the project status, as previously discussed. Oral
communications with the public through the Scoping meetings and
public hearings,and written communications with the public through the
EIR and technical reports,are the foundations of the CEQA process. In
order to ensure adequate opportunities for public input,BonTerra Psomas
facilitated two public scoping meetings (i.e. afternoon and evening
meetings) for the WDHS MDP project, and recommends such an
approach for other projects that have the potential to be controversial
and/or maintain substantial public interest. At the Scoping Meeting for
the project,BonTerra Psomas informed public agencies and local
stakeholders of the CEQA process, took summary notes of all public
comments, and encouraged that all interested parties participate in,the
CEQA process by submitting their concerns and/or suggestions for the
environmental analysis.BonTerra Psomas clearly communicates with the
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
P $ + 14A $
public about their role in the process,what will happen as a result of their
' feedback, and assures them that their participation is an important
component of the EIR analysis.
' Importantly, we craft the text of the Program EIR to be readable to the
layperson, while incorporating all technical analyses and methods that
the decisions makers require in order to make an informed decision. In
order to be sure our technical experts have struck this important balance,
we have all work products reviewed for readability by our in-house
technical editors before they are sent to the client and prior to public
review. We structure each impact analysis for each Threshold of
Significance in the EIR to clearly articulate: 1)the existing condition;
2)how the project would alter the existing condition; 3)what regulations
are in place that govern how the project is implemented;4)what, if any,
' environmental impacts would result from project implementation;
5)would those impacts be significant, and if so, what mitigation is
required; and 6)would impacts remain significant, even after mitigation.
' Where appropriate,this methodology is applied to both short-term
construction impacts and to long-term operational impacts. This
approach may sound elementary, as it is required by CEQA;however, it
' is not universally applied to most CEQA documents. BonTerra Psomas is
known for creating well written CEQA documentation supported by
exceptional analysis,resulting in impact assessments that can be relied
I upon for accuracy and defensibility.
Interaction with Client's Organization
As previously discussed,BonTerra Psomas hosts monthly conference
I calls, as well as ad-hoc calls, to keep staff at the RCFC&WCD, the Cities
of Desert Hot Springs and Palm Springs, and the Project Engineer
informed of the EIR status and to discuss issues and concerns as they
arise. BonTerra Psomas makes client relations a priority and makes key
team members available to our clients via meetings and/or conference
calls to discuss not only the project, but other CEQA-related questions
I they may have about other projects within the agency. BonTerra Psomas
prides itself upon our responsiveness and ability to provide unparalleled
client services.
Sensitivity to Funding Constraints
More often than not,projects are subject to funding limitiations that set
constraints upon the time available to complete, and level of detail that
can be achieved in, an environmental document. BonTerra.PSomas
understands demands that public agencies, and private developers, are
under to reduce expenditures and achieve the highest quality work
products for the least cost.For the WDHS MDP project,BonTerra
Psomas revisited our Scope of Work prior to the start of the EIR process
to match the needs and budget of the RCFC&WCD. This requires careful
and ongoing budget monitoring using all available budgeting tools, as
previously described.We have instituted internal quality control and
review procedures that flag issues related to ongoing project costs,
schedule delays, staffing needs, and internal coordination. In an effort to
reduce project costs, BonTerra Psomas instituted the following:
Assigned experienced staff to reduce the learning curve.
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
p $ 0N1AS
Utilized background research and exhibits prepared for the WDHS
MDP by the Project consultant for reuse in the FIR.
• Provided electronic draft documents to the Project Team by email or
through our Extranet website.
• Requested concurrent agency reviews to coordinate comments and
reduce conflicting revisions,while still staying on schedule.
• Mailed electronic files of the environmental documents(e.g.,IS and
Draft Program EIR)in CDs to reduce printing and mailing costs.
Throughout the process, we inform the client if changes to the project
would have cost or schedule implications, so that informed decisions
could be made about the best way to proceed with a particular analysis or
report.
I
II
L
c
c
C
C
C
C
" "t ppyr City of Palm Springs On-Call Environmental Assessment(CEQA)Services
PS4)M A S n
C References and Experience with Projects of
Similar Size and Scope
City of Palm Springs
On-Call Environmental Assessment (CEQA) Services
ReferencesSECTION
and Experience with Projects
ScopeC Similar Size and
1
Providing thorough and legally defensible environmental documentation
for development projects for public and private sector clients is BonTerra
Psomas' primary service and the cornerstone of our Environmental
Services expertise. Providing a summary list of representative projects
was a challenge, as there are many examples to choose from that meet
the City of Palm Springs criteria for consideration. Therefore, the list
below is not exhaustive, but rather includes projects that fit the narrow
definition of completed projects,rather than ongoing projects, prepared
by either Ms. Kathleen Brady and/or Ms. Kristin Keeling. Projects were
also chosen in various counties to demonstrate our abilities to
successfully navigate the CEQA process in various jurisdictions and in
areas with differing circumstances and political influences.
C.1. PROJECT EXPERIENCE AND
REFERENCES
High Desert Health System Multi-Service Ambulatory Care Center
Environmental Impact Report,Lancaster. BonTerra prepared a
Program and Project EIR for a new High Desert Health System(HDHS)
Multi-Ambulatory Care Center(MACC)facility within the City of
Lancaster on land owned by City's Redevelopment Agency for ultimate
purchase by the County of Los Angeles. The entire project site included
23 acres of vacant and undeveloped land surrounded by low-density
residential and commercial development. The project involves
construction on two undeveloped parcels: (1)the construction of a new,
142,000-square-foot(sf)MACC on Parcel A, and(2)the construction of
67,250 sf of supporting public service/commercial uses on Parcel B.
Parcel A would be developed with a two-story medical building with
surface parking, and would provide similar types of medical services as
the existing HDHS MACC, which is also located the City of Lancaster
and which would be closed upon the opening the new HDHS MACC.
Parcel A was analyzed at the Project-level in the EIR.
Parcel B was analyzed at the Program-level in the EIR for future
development with County public service and commercial uses that are
complementary to the HDHS MACC,potentially including uses such as
doctors' offices, senior care services, and mental health services, among
others. Other project-related improvements include surface parking,
traffic-related roadway improvements, landscaping,utility connections,
and a new turn-out for the existing Antelope Valley Transit Authority
bus stop on East Avenue I just west of 5' Street East. Additionally,the
project would incorporate solar panels on structures within the parking
lots and/or building roofs, as well as wind turbines on the light fixtures
within the parking lot. The project would be developed as a Silver
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
PSd1+lA9
i
Leadership in Energy and Environmental Design(LEED) Certified
development.
BonTerra conducted biological and cultural resources assessments, an air
quality and GHG analysis, and an acoustical noise study in support of the
EIR.Areas of special consideration included noise and traffic impacts on
adjacent single-family homes.
Reference Contact Information: Tracey Jue, Senior Manager at Los
Angeles County Chief Executive Office; (213) 893-2472
Key Staff Who Worked on This Proiect: Kristin Keeling, Jillian
Neary, Josephine Alido, James Kurtz, Patrick Maxon, RPA, Christopher
Starbird
The Ranch Plan Program Environmental Impact Report 589, Orange
County. BonTerra prepared the Program EIR for The Ranch Plan Project r
located in southeast unincorporated Orange County. As approved, the
project allows for the development of 14,000 residential dwelling units
and 5.2 million sf of urban activity uses(business/commercial uses) on
the 22,683-acre project site. Approximately 16,942 acres of the site will
remain open space, and ranching activities will be retained within a
portion of the open space area. Infrastructure and services will be
constructed to support all these uses, including road and bridge
improvements, utility upgrades and extensions, and schools.
The Program EIR addressed the full range of issues identified on the
CEQA checklist questions. The key issues included land use
compatibility, transportation,aesthetics and landform alteration,
biological resources,water resource management, and water quality. The
project involved multiple actions by the County of Orange including
General Plan amendments (i.e., Land Use, Transportation,Resources,
and Recreation Elements); a zone change; and a Development
Agreement. Additionally,the Orange County Transportation Authority
took away a subsequent action to amend the Master Plan of Arterial
Highways.
The Final Program EIR was certified and the project approved by the G
Orange County Board of Supervisors in November 2004. BonTerra
Psomas continues to provide construction-level CEQA documentation
for project implementation, including the preparation of addendums to
address construction-level impacts associated with Ortega Highway
(SR-74),Antonio Parkway, Cow Camp Road, a new electric substation,
and other infrastructure improvements.
Reference Contact Information:Laura Coley-Eisenberg, Vice
President, Open Space and Resource Management, Rancho Mission
Viejo; (949)263-3363
Key Staff Who Worked on This Proiect: Kathleen Brady,AICP,
Jennifer Marks,James Kurtz, Christopher Starbird
John Wayne Airport Settlement Agreement Amendment
Environmental Impact Report, Orange County. BonTerra worked with
John Wayne Airport(JWA)on the preparation of an EIR that addressed
modifications to the Settlement Agreement entered into in 1985 between
the County of Orange, the City of Newport Beach, and two community
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
t' S M A S n
groups. The Settlement Agreement placed restrictions on aircraft
' operations and commercial passenger facilities. An amendment to the
Settlement Agreement was processed,which allowed an increase in the
number of flights and passengers served and allowed for facilities
improvements (Terminal C and parking). BonTerra involvement on this
project extended from 2001 through 2004.
BonTerra prepared the JWA Settlement Agreement Amendment
' Program EIR 582. The primary issues evaluated in the EIR were noise,
air quality, traffic, land use compatibility and health risk;other issues
included water quality, biological resources,public services and utilities,
' aesthetics,public safety, and hazardous materials/risk of upset. JWA
established the technical team for the analysis. Consultants, under
separate contracts,were responsible for the evaluation of the noise, air,
quality, traffic,hazardous materials, and health risk assessments.
BonTerra coordinated with these consultants on the preparation of their
technical analyses and preparation of EIR sections.
' The second phase of the project was the preparation of a Supplemental
EIR, which addressed construction impacts for the facilities
improvements associated with the Settlement Agreement Amendment.
r Program EIR 582 addressed the amendment to the Settlement Agreement
f at a policy level and included conceptual facility improvements that
would be required to serve the increased number of flights and passenger
loads. However,precise facility designs were not identified. A
Supplemental EIR was prepared that addressed construction-level
impacts of a new terminal building,parking structure and maintenance
building, as well as modifications to the airfield and ancillary facilities.
The Supplemental EIR focused on land use (i.e., conflict with adjacent,
existing, or planned on-site land uses); water quality and drainage; air
f quality;transportation;noise; aesthetics;hazardous materials; and public
services and utilities.
Currently, BonTerra Psomas is preparing a Program EIR for a second
extension of the Settlement Agreement. The second amendment will
extend increase the number of flights and allowed number of passengers
and continue the protections to the community through the end of 2030.
This second Program EIR will be completed in 2014.
Reference Contact Information: Larry Serafini, Deputy Airport
Director,Facilities; John Wayne Airport; (949) 252-5270
Key Staff Who Worked on This Project: Kathleen Brady, AICP, (both
2003 and 2014 documents); James Kurtz,nJillian Neary and Christopher
Starbird(2014 documents)
Aviation Station Transit-Oriented Development Project Environmental
Impact Report,Los Angeles County. The Aviation Station project is
located near the Cities of El Segundo and Hawthorne in Los Angeles
County, and the completion of the EIR process illustrates BonTerra
Psomas's ability to successfully complete project involving multiple
jurisdictions in heavily developed urban areas. The project involved the
demolition of existing residential/commercial land uses and the
construction of an urban mixed-use development including 29,500 sf of
ground-floor commercial and 390 multi-family residential units. The
project would relocate the Los Angeles County Metropolitan
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
i' S OMlCSi
Transportation Authority (Metro)bus terminal from the southern side of
Metro's Green Line Aviation/Los Angeles International Airport(LAX)
station to the northern side of the station. The project involves multiple
stakeholders, including Metro and Caltrans District 7, and required the
de-annexation of property from the City of Los Angeles into the County
of Los Angeles, as well as a GPA, a zone change, a Conditional Use
Permit, a Parking Permit, a Local Agency Formation Commission
boundary modification, a water service boundary adjustment, and
consolidated sewer district annexation. BonTerra prepared an EIR and
technical studies for air quality, climate change, cultural resources,and
noise for the project.
Reference Contact Information Charles Moore, Attorney at Law; Cox,
Castle Nicholson,LLP; (310)284-2286
Key Staff Who Worked on This Proiect:Kristin Keeling, Jillian Neary
James Kurtz,Patrick Maxon,M.A., RPA, Christopher Starbird
C.2. KEY ISSUES AND CHALLENGES
The preparation of an EIR for the HDHS.MACC project High Desert
Health System Multi-Service Ambulatory Care Center Environmental I
Impact Report,Lancaster. This Project was unique in that it was both a
Program-level and a Project-level EIR. Information was known about the
HDHS MACC development on Parcel A, which was analyzed at a
project-level; however, only conceptual information was available about
the intended build-out of Parcel B,which was therefore analyzed at the
program-level.
The property was owned by the County of Los Angeles(lead agency)but
was within the jurisdiction of the City of Lancaster. Many agencies with
varied interests had to be satisfied with the EIR, including the Lancaster f
Redevelopment Agency;the City of Lancaster; the California Office of L
Statewide Health Planning and Development; the California Department
of Public Health; and the County. r
The EIR analysis had to take into consideration the regulations and 16
restrictions from both the County and the City. For example,noise
generated on the site would be goverened by the County's standards set
forth in their Section 12.08.440 of the County Code. While construction
of the project would affect nearby residences and commercial properties
within the City, the noise analysis was performed to comply with the
most restrictive of the County's Noise Ordinance and the City of
Lancaster Municipal Code standards. This provided a conservative
analysis that contributed to the legally defensible nature of the document.
Another issue of special consideration was water supply. Water within "
the Antelope Valley is a complex issue,as the groundwater basin is ^
being adjudicated to determine the safe yield of the basin. Fortunately, 'LJII
the Los Angeles County Water Works Division 40 had accounted for the
estimated water demands that were be generated by the residential
properties that were formerly on the site. As such, the EIR had to prove
that the water demands for the HDHS MACC and ancellory commercial
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services a
P d► MA8
f
uses within Parcel B would fall within the previously committed water
fIII amounts for the residential properties.
this Prograin EIR. which bad a Project Budt>etine: The Project was completed on-time and within
very aggressive f _ budget.
• s hard work,
The successful completion of The Ranch Plan Program EIR in Orange
enthusiasm in the face of lnat�y County provides an excellent example of BonTerra Psomas's ability to
obstaclesmanage large, high-profile, and complex developments. BonTerra
large, complicated docament in
Psomas worked as part of a large multi-disciplinary team and in close
coordination with the County of Orange (the lead agency). As approved,
' Eisenborg Laura CoJey the General Plan Amendment/Zone Change allows for the development
Vice Presderf. Open Space and of 14,000 residential dwelling units and 5.2 million sf of urban activity
Resource Management uses. The Ranch Plan is the last large tract of undeveloped land in
' Rancho Mission Viejo southeast Orange County, and therefore,was closely scrutinized by other
agencies and the public.
Probably one of the defining issues for this project was the sensitivity of
' the natural resources on site. The project site supports an important
habitat for seven Endangered and/or Threatened species and is located in
the San Juan Creek and western San Mateo watersheds. When the
' processing of the project was initiated, the effort to develop a Natural
Community Conservation Plan (NCCP)/Habitat Conservation Plan
(HCP) for south Orange County was over ten-years old and minimal
progress had been made. The Ranch Plan Project gave impetus to the
resource agencies to focus on the long-term vision for the region.
Initially,the Ranch Plan Project was to be processed concurrently with
! the Southern Subregion NCCP/Master Streambed Alteration Agreement
!1 (MSAA)/HCP and the Special Area Management Plan(SAW). Each of
these projects had their own (though overlapping) consultant teams. This
lead to an extraordinary amount of data exchange to ensure that each of
the independently prepared environmental documents would have
consistent baseline data. Though ultimately,the Ranch Plan Project was
approved prior to the NCCP/MSAA/HCP and SAMP, the close team
work with the consulting teams for the regional plans ensured
consistency with the draft planning guidelines and principles formulated
to address biological and water resources in the larger subregion.
Ultimately, BonTerra Psomas also completed the EIS pursuant to NEPA
for the SAMP project. This collaboration has reaped substantial benefits
as the Ranch Plan Project is implemented because the land use plan is
consistent with the long-term vision for the area.
A second major challenge for this project was to prepare an
environmental document that would fully address environmental impacts
associated with the larger vision for the area, as well as provide sufficient
detail that it could be relied upon for implementation of each phase of the
project. The scale of the project,the estimated 20 to 30 phasing of
construction, and uncertainties of other improvements in the region,
made this a formidable task. Though the approvals being requested were
GPAs (i.e., Land Use, Transportation,Resources, and Recreation
Elements); a zone change; and a Development Agreement, the Program
EIR was structured to ensure the issues associated with future Area
Plans,tract maps, and use permits were addressed, to the extent feasible.
The Program EIR identified performance standards and reflected the
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
PS OMA5
requirements of the detailed Planned Community text(zoning
document). This approach has been successful with construction level
approvals of the first 2 major planning areas (covers 3,500 units) and the
base infrastructure being completed using Addendums to the Final
Program EIR.
Proiect Budeetine: This project has been completed within the agreed
upon budget.
John Wayne Airport Settlement Agreement Amendment
Environmental Impact Report, Orange County
BonTerra worked with JWA on the preparation of an EIR that addressed I
modifications to the Settlement Agreement entered into in 1985 between
the County of Orange,the City of Newport Beach, and two community
groups. The Settlement Agreement, which ended decades of litigation
that had plagued IWA,contained provisions that limited the number of
Class A flights, the number of passengers served annually, and facility
size at IWA. The original Settlement Agreement was for a period of I
20 years.
Two key issues for the JWA document was the complexity of the project
and the project schedule. For the general public, the extensive history of !
litigation at JWA, combined with a myriad of regulations associated with fI
the airport operations, made this EIR complex. Having worked on JWA
issues for several decades, this EIR process was particularly rewarding
because BonTerra worked closely with the representatives of each of the
key stakeholder groups. This included the County of Orange, the City of
Newport Beach, and legal counsel for each of the parties to the
Settlement Agreement. This collaborative,rather than adversarial
relationship, allowed the key stakeholder representatives to participate in
the strategy sessions and preliminary reviews of the document. Since the
negotiations were a dynamic process, three project scenarios were
evaluated to an equivalent level of detail in EIR. This provided more L
flexibility for the elected officials of the County and the City to
determine the final terms of any extension agreement.
Schedule was the second critical issue in the preparation of the EIR 582.
It was determined that the EIR needed to be available for public review
before a county-wide vote on re-use of the El Toro Marine Corps Base.
To expedite the preparation of the Draft EIR, the key stakeholder
representatives participated in a series of working sessions for reviewing
the screencheck document. As part of these marathon sessions,sections ('
of the document were reviewed and modifications were made. This L
eliminated the need to repeated submittals and internal review periods.
The draft EIR was circulated for public review 71 days after the close of n
the NOP period. it JI
Subsequent to the Board approval, the County continued its discussions
with interested parties, including,but not limited to, the City of Newport a
Beach, the community groups, and airlines. In connection with these
continuing discussions, the airlines requested certain capacity
opportunities beyond those authorized by the Board action. As a result,
additional modifications to the Amended Stipulation were made that
were substantially responsive to the requests. BonTerra prepared an
Addendum to the Final EIR to document that modifications to the
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
� 8 MA $
1 �
Krislin Keeling has successfully agreement would not result in impacts different than those evaluated in
1managed importantthe certified EIR. The final Settlement Agreement was approved by the
for our most trusted clients. She
Chief Counsel of the Federal Aviation Administration and the federal
recently prepared for Metro and court.
' Project Budgeting: EIR completed on time and under budget with no
environmental impact report tj litigation.
analyze a complex transit
oriented development nea� The Aviation Station Transit-Oriented Development Project was a
LAX She works wellwith Abigh-profile project in a heavily developed urban area that held the
C0177MUrilygroups, agencies attention of many interested stakeholders. Nearby land uses include
consultants, LAX,the I-105,the Metro Green Line Aviation/LAX station, and the
tireluss worker who manages Metro bus terminal, as well as existing industrial land uses associated
deadlines with confidence inspiring knowledge, with Northrup Grumman, which all contributed to the noise and traffic
adjacent to the Project site. These land uses required the EIR to carefully
Charles J. Moore assess the compatibility of the proposed Project,which included
Cox, Castle & Nicholson LLP residential and commercial, with the adjacent industrial and
transportation uses,as well as the adjacent single-family residential
community. Some nearby industrial stakeholders were concerned with
increasing the number of"sensitive"residential receptors into the area,
while the local neighborhood was concerned with the increased traffic
and potential for spill-over parking into their neighborhood.
To address the neighborhood's concerns, the EIR included robust traffic
improvement mitigation, including coordination with the County to
establish a restricted parking program as well as traffic calming measures
to prevent cut-through traffic.
Other issues of concern analyzed in the EIR include noise impacts on the
future residents of the project, air quality associated with the nearby
I-105 freeway, which both resulted in significant and unavoidable
I impacts resulting in a statement of overriding considerations. The work
products for this project were successfully completed in February of
2012.
Project Budgeting: The Project was completed on-time and within
budget.
�r City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
PSOMAS
1
1
D Local Expertise Demonstrated on the Team
I '
I
City of Palm Springs
On-Call Environmental Assessment (CEQA) Services
SECTION
' , Local Expertise Demonstrated
d on
D1 PETRA GEOTECHNICAL - LOCAL
BUSINESS
Petra Geotechnical has joined our team as a subconsultant for all
technical studies for geology/soils for this On-Call contract. Petra's
physical office location is located within the Coachella Valley and was
established Mayl, 2006.A copy of Petra's current business license
' along with signed Attachment A is provided in the Qualifications/Work
Proposal envelope.
Petra Geotechnical,Inc.
42-240 Green Way, Suite E
Palm Desert, California 92211
Phone: (760)340-5303;Facsimile (760)340-5096
i Please contact Mr. Alan Pace,PG, CEG for verification at by phone
i 760.250.9747 or email ApaceWetra-inc.com.
D2. PETRA GEOTECHNICAL TEAM MEMBERS
Alan Pace will be the key staff member for Petra on this contract. Other
team members for Petra along with their roles will be assigned to the On-
Call contract as needed.
Alan Pace, PG, CEG, Senior Associate Geologist/Project Manager
Siamak Jafroudi, PE, GE,Principal Engineer/Principal-in-Charge
Monty Schultz,PE, GE, Senior Project Engineer/Project Engineer
Doug Johnston,PG, CEG,Associate Geologist/Project Geologist
Cily of Palm Springs On-Call Environmental Assessment(CEQA)Services
PBFyMAS
I'
■
E Exception to the Insurance Requirements
equirements
City of Palm Springs
On-Call Environmental Assessment (CEQA) Services
! SECTION
iE Exceptionthe Insurance Requirements
Upon selection,we would appreciate clarification that the requirement to
! disclose professional liability matters is limited to those that could reduce
the available limits of our insurance policy below the amount that would
be required for this Agreement.
!
I
I
I
4• City of Palm Springs On•Call Environmental Assessment(CEQA)Services
PBOMA3
i Kathleen Brady, AICP
Principal-in-Charge
' EDUCATION Kathleen Brady is a Vice President of BonTerra Psomas and a Principal-
' 1975/Bachelor of Science/ in-Charge of Environmental Planning projects. Ms. Brady has over 25
Sociology/University of California, years of experience in the environmental planning field. Ms. Brady has
Riverside,CA focused her career on environmental impact assessment,transportation
PROFESSIONAL projects, and advanced planning programs. Since 1986, Ms. Brady has
I ' CERTIFICATIONS been a consultant to federal, State, and local agencies, as well as private
American Institute of Certified land developers and other private industry clients. Ms. Brady has
Planners(A.ICP)No.8730, 1991 extensive experience in the preparation of technical studies to satisfy the
Certificate in Management, California Environmental Quality Act(CEQA)and is accomplished in
University of Southern California, interagency coordination. Ms. Brady has assisted with development and
1981 implementation for the Irvine Company,Rancho Mission Viejo (RMV)
Certificate in Planning and and large-scale infrastructure projects, including transportation
Development,University of improvement projects for the California Department of Transportation
California, Irvine, 1980 (Caltrans). She was the Project Manager for the 22,800-acre Ranch Plan
Program EIR 589 and continues to be involved in the environmental
documentation effort for the Ranch Plan. In addition,Ms. Brady has
managed a number of facility implementation projects,including water
I reservoirs,pump stations, lift stations, large treatment basins, and water
extraction projects for the Santa Margarita Water District and for the
Ladera Ranch and Talega developments.
IRepresentative Project Experience
John Wayne Airport Settlement Agreement Amendment Program
Environmental Impact Report, Orange County: Ms. Brady was the Project
Manager for the John Wayne Airport(JWA)Settlement Agreement
Amendment Program Environmental Impact Report(EIR)and
Supplemental EIR for the Settlement Agreement Implementation project.
The County,in cooperation with die City of Newport Beach, evaluated
an amendment to a Settlement Agreement between the County of Orange
and the City of Newport Beach and two community groups. The
amendment allowed an increase in the number of noise-regulated flights
and the number of passengers served, among other terms of the
agreement. The primary issues evaluated in the EIR were noise, air
quality,traffic, and land use compatibility. Other issues addressed
included water quality,biological resources,public services and utilities,
aesthetics,public safety,hazardous materials, and risk of upset. The
federal court and all parties involved in the Settlement Agreement
approved the amendment.
The next phase of the project was the preparation of a Supplemental EIR
to address construction impacts for the facilities improvements
associated with the Settlement Agreement Amendment. The Program
EIR addressed the amendment to the Settlement Agreement at a policy
level; precise facility improvements were not proposed. The
Supplemental EIR addressed the construction of a new terminal building,
parking structure, and maintenance building. Modifications to the airfield
and ancillary facilities were also proposed. Currently,Ms. Brady is
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
P S 0 M A S
Kathleen Brady, AICP preparing a Program EIR for a second extension of the Settlement
(Continued) Agreement. The second amendment will increase the number of flights
and allowed number of passengers and will continue the protections to
the community through the end of 2030. This second Program EIR will
be completed in 2014.
The Ranch Plan Program Environmental Impact Report, Orange County:
Ms. Brady served as Senior Project Manager for the Ranch Plan Program
EIR The project site consists of 22,815 acres located in unincorporated
southern Orange County. The EIR addresses impacts of 14,000 dwelling
units and approximately 5 million square feet of urban activity center and
business park uses. The project involves multiple components, including
a General Plan Amendment, a zone change, Williamson Act cancellation,
and a Development Agreement. The Land Use,Transportation,
Resources, and Recreation Elements of the County of Orange General
Plan were amended in order to allow for project implementation. Key
issues associated with the project include impacts on biological
resources,traffic,hydrology and water quality, land use, and aesthetics.
Ms. Brady continues to provide consultation on CEQA matters
associated with this project, including the preparation of construction-
level documentation. This has involved coordination with Caltrans
regarding improvements to Ortega Highway(State Route 74);
preparation of an Environmental Assessment pursuant to the National
Environmental Policy Act(NEPA)for Antonio Parkway;preparation of
documentation for Area Plans; and infrastructure improvements.
Long Beach Airport Terminal and Ramp Improvement Environmental
Impact Report, Long Beach: Ms. Brady was the Senior Project Manager r
for this EIR for facilities improvements to the Long Beach Airport. l
Improvements were proposed in five areas: (1) construction of new
holdrooms; (2)a new parking structure; (3)air carrier ramp
improvements; (4)new baggage claim areas; and(5)traffic and
pedestrian circulation improvements. The EIR addresses a full range of
issues;however,its focus is land use, air quality,traffic,and noise. As
part of this process,an extensive public outreach and scoping process
was implemented to obtain input from the community on the appropriate
level of improvements and scope of the EIR. r
Santiago Hills II, General Plan Amendment, City of Orange: Ms. Brady was L
the Project Manager for this project involving a General Plan
Amendment and zone change for approximately 500 acres of hillside
property. The project proposed residential development at varying
density levels. The key issues on the project were land use compatibility,
traffic, biological resources, noise, recreation, schools, and growth-
inducing impacts. Due to community concerns, an extensive community
outreach program was developed,and the community continues to be
involved in the ongoing entitlement process for the project. The Santiago
Hills II project is the first phase of development for the larger East
Orange General Plan area.
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
PSOMAS n
0
Kristin L. Keeling
Senior Project Manager
EDUCATION
Kristin Keeling is a Senior Project Manager with 14 years of diverse
2000/Master of Public Affairs/ professional consulting experience, including 12 years as the primary
University of Texas at Austin,TX Project Manager for the BonTerra Consulting Pasadena office. Her
1995/Bachelor of Social Work I professional expertise includes the preparation of environmental
University of Texas at Austin,TX documents pursuant to the California Environmental Quality Act
(CEQA) and the National Environmental Policy Act(NEPA);project
management for projects with local, State, and federal agency
involvement;public presentations; and Environmental Impact Report
(SIR)preparation. Ms. Keeling is responsible for managing the
CEQA/NEPA process for a wide variety of development projects,
including general, master, and specific plans; flood-control infrastructure
projects; residential, mixed-use, and transit-oriented developments;
recreational projects; and health care and prison facility projects. Her
expertise as Project Manager is exemplified through her management of
controversial and complex CEQA projects through three On-Call
contracts with the Los Angeles County Department of Public Works
(LACDPW)and her project management services and intergovernmental
coordination for controversial projects through the Los Angeles County
Chief Executive Office.
Representative Project Experience
West Desert Hot Springs Master Drainage Plan Program Environmental
Impact Report, Riverside County: Ms. Keeling is currently serving as
Project Manager for the CEQA documentation for the West Desert Hot
Springs Master Drainage Plan (MDP)EIR. The Riverside Flood Control
and Water Conservation District, in conjunction with the Cities of Palm
Springs and Desert Hot Springs,have developed an MDP for portions of
these cities and unincorporated County areas that are not covered by
existing plans. The MDP includes both regional and local infrastructure,
including development of a levee system for the Morongo Creek;
expansion of the drainage channel for Mission Creek; construction of an
all-weather bridge crossing; and creation of numerous detention basins
throughout the watershed. The project area is partially located within the
Coachella Valley Multiple Species Habitat Conservation Plan area.
Areas of special consideration include inter-agency coordination among
the District,the County, the Cities, and the Coachella Valley Association
of Governments; land use impacts associated with revised floodplains
and proposed flood control facilities; and hydrology/water quality
impacts of project implementation.
Mira Loma Detention Facility Women's Village and Re-Entry Project,
Lancaster.Ms. Keeling is currently serving as Project Manager for the
CEQA documentation for the Mira Loma Detention Facility Project,
which would involve the adaptive reuse and expansion of the vacant
Detention Facility and new development on the parking lot of the vacant
High Desert Health System Multi-Ambulatory Care Center(HDHS
MAAC)and would provide a total of 1,604 beds for low- to
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
P S O M A S
i
Kristin Keeling medium-security female inmates. The existing Mira Loma Detention
(Continued) Center housing facilities would be renovated to provide secured
dormitory housing, transitional housing,and other services (e.g.,medical
clinic,kitchen, inmate processing); and the former HDHS MACC
parking lot would be redeveloped to provide a Correctional Re-Entry
Facility(CRF). The CRF is intended to support the transition to
independent living and would also provide continuing mental health and
substance abuse treatment programs, life skills programs, and job t
training. Existing on-site water, sewer, and storm drain utility 1
infrastructure are present at the Project site,but may require
improvements/relocation in order to accommodate the Project. Areas of
special consideration include historic resources,water supply, and
transportation/traffic.
Aviation Station Transit-Oriented Development Environmental Impact r
Report, Los Angeles County: Ms. Keeling served as the Project Manager
for the preparation of an EIR for a mixed-use,transit-oriented project on
5.9 acres located in unincorporated Los Angeles County and the City of
Los Angeles near the intersection of Interstate(1) 105 and I-405. The
project involves the demolition of existing land uses and the construction
of an urban mixed-use development that will include 29,500 square feet
(sf)of ground-floor commercial and 390 multi-family residential units.
The project would relocate the Los Angeles County Metropolitan
Transportation Authority(Metro)bus terminal from the southern side of
Metro's Green Line Aviation/Los Angeles International Airport station r
to the northern side of the station. The project involves multiple L
stakeholders, including Metro and the California Department of
Transportation(Caltrans)District 7, and will require the de-annexation of
property from the City of Los Angeles into the County of Los Angeles.
The project will also require the reconfiguration of the Caltrans
Park-and-Ride lot, a Caltrans vehicle service lot, and employee parking r
to accommodate project design. Project entitlements include a General L
Plan Amendment, a Conditional Use Permit, and a zone change.
Approvals from the Airport Land Use Commission and the Local
Agency Formation Commission for the County of Los Angeles would
also be necessary. Areas of special consideration include air quality,
climate change, land use,noise,and transportation/traffic.
High Desert Health System Multi-Service Ambulatory Care Center
Environmental Impact Report, Lancaster: Ms. Keeling served as the
Project Manager for the CEQA documentation for the HDHS MACC.
The project relocates the operations and staff from the existing HDHS
MACC to the proposed project site. The project site consists of
approximately 21 acres and involves construction on
2 undeveloped parcels,which are owned by the City's Redevelopment
Agency and subject to a purchase option by the County of Los Angeles
(County). The project involves the construction of a new, approximate
142,000-sf HDHS MACC on Parcel A and the construction of 67,250 sf
of supporting public service/commercial uses on Parcel B. The project
will be Leadership in Energy and Environmental Design(LEED) Silver
Certified and incorporates wind turbines on parking lot lighting poles and n
solar panels. Areas of special consideration include air quality, climate I�
change,noise, and transportation/traffic.
City of Palm Springs I On-Call Environmental Assessment(CEQA)Services
P S ® M A S n
IAttachment A and Addenda
I
City of Palm Springs
On-Call Environmental Assessment (CEQA) Services
ATTACHMENT "A"
i RFP for#15-14 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA) SERVICES
*NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN ENVELOPE #1
"QUALIFICATIONSIWORK PROPOSAL"
SIGNATURE AUTHORIZATION
NAME OF PROPOSER/FIRM:
r BonTerra Psoma.s
A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs for the
r above listed individual or company. I certify that I have the authority to bind myself/this
i company in a contract should I be successful in my proposal.
SIGNATURE
Kathleen Brady, AICP
PRINT NAME
B. The following information relates to the legal contractor listed above, whether an individual or a
company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
_An individual;
—A partnership, Partners' names:
f X _
_A company; Limited Liability Company
A corporation
A Local Business (Licensed within the jurisdiction of the Coachella Valley).
Copy of current business license is required to be attached to this document.
2. My tax identification number is: 263732999
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the
acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your
proposal being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # 1, 2 , and 3 is/are hereby acknowledged.
12
0
?ALM
pF S4
U �
.V�1FORN\
REQUEST FOR PROPOSALS (RFP 15-14)
FOR
ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES
ADDENDUM NO. 1
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP
DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE
PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY
ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED
TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the foflowft questions and is hereby providing answers
thereto:
Q 1: Is 4 acceptable to include a range of sub-consultants to ensure availability( i.e.
two Traffic Engineers)?
A 1: Yes. However, any changes of sub-consultants during a project must be
approved in advance by the City's Director of Planning Services.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.
Procurement&Contracting Manager
DATE: March 6, 2014
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: BonTerra Psomas
Authorized Signature: rDate: 03/27/14
Acknowledgment of R
ecelpt otdde�nd:um 1 is req6Wd by signing and including
the acknowledgment with your submittal, or you may also acknowledge the
Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum
may result In your submittal being deemed non-responsive.
OF ?AIM s,Q
M y
V �
N
rq</FORN�P ' -
IREQUEST FOR PROPOSALS(RFP 15-14)
FOR
ION-CALL ENVIRONMENTAL ASSESSMENT(CEQA) SERVICES
IADDENDUM NO. 2
This Addendum is being issued for the following changes and Informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP
DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE
PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY
ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED
TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the following questions and /s hereby providing answers
thereto:
Q 1: Are you aware of any specific projects currently in the planning stage which the
City anticipates using the on-call consultants for?
A 1: The City is not providing specit/cs at this Juncture about any anticipated
projects. This Is for on-call services for an extended multi-year term. Projects
will be assigned to firms as the City deems appropriate, as is explalned In the
RFP.
Q 2: Do you want Attachment A bound with the proposals or placed unbound into
envelope#1 Qualifcations/Work Proposal?
A 2. Please see Instructions about Attachment A on page 6, near the top of the
page under the section titled "Envelope#2': Bound or unbound does not matter
OS long as you follow the Instructions and put It In the correct envelope, Envelope
with your work proposal.
Q 3: Is this set aside for DBE or DVBE? Do you actively seek out these types of
certified organizations?
A 3. There are no DBE or DVBE requirements for this solicitation.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L.Gladders, C.P.M.
Procurement& Contracting Manager
DATE: March 13, 2014
ADDENDUM ACKNOWLEDGMENT: l
Proposer Firm Name: BonTerra Paomas
Authorized Signature: ? Date: 03/27/14
Acknowledgment of Receipt of Addendum 2 is re red by signing and Including
the acknowledgment with your submittal, or you may slab acknowledge the
Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum
may reault In your submittal being deemed non-rasponsive.
L
c
c
a
D
a
PALAI
� Q�Z
ti
N
C',,IFORNIP'
REQUEST FOR PROPOSALS (RFP 15-14)
' FOR
ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA) SERVICES
ADDENDUM NO. 3
This Addendum is being issued for the following changes and informational items:
I
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP
DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TARE
PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY
ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED
TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS.
The City has received the following questions and Is hereby providing answers
thereto:
i Q 1: is it allowable for a consultant to submit as prime and also be a sub for specific
services on another prime's team?
A 1: Yes a firm may "submit" as a Prime and also may be listed as a Sub for
another Prime. However, If you are awarded a contract as a Prime, you may not
also perform as a Sub to another Prime. If you are NOT awarded a contract as a
Prhne, you may Perform as a Sub to another firm that Is awarded a contract as
Prime. You may not do both.
Q 2: There are two sections in RFP 15-14 (page S and pages 10-11)that require any
exceptions to the RFP, sample agreement or insurance requirements be included in the
proposal. There are no defined Instructions as to where exceptions or comments were
to go, so because the proposal is limited to 25 pages (excepting Attachment A, Addenda
acknowledgements and the cost proposal), would it be acceptable for the bidding fine to
Include comments (if any) as an appendix, not counting toward the 25-page limit?
A 2. As the RFP states, any exceptions are to be "Included" In the proposal,
meaning they are part of your proposal and WILL count toward the 25 sheets of
double-sided pier limit__Where you choose to locate vour_exceptioncI_your
proposal is up to you, as long as they are clearly defined as requested in the RFP
document.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.
Procurement& Contracting Manager
DATE: March 19, 2014
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: Bwfferra Psomas
Authorized Signature: Date: 03/27/14
Acknowledgment of Receipt of Addendum 3 is d by signing and including I
the acknowledgment with your submittal, or you may also acknowledge the
Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum
may result In your submittal being deemed non-responsive..
l '
LI
L
L
1,
L.J
ATTACHMENT "A"
RFP for#15-14 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA) SERVICES
`NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN ENVELOPE#1
"QUALIFICATIONS/WORK PROPOSAL'
SIGNATURE AUTHORIZATION
NAME OF PROPOSER/FIRM:
Petra Geotechnical, Inc .
A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs for the
above listed individual or company. I certify that I have the authority to bind myseiffthis
company in a contract should I be successful in my pro osal.
SIG'NTA E .
Siamak Jafroudi, PhD, GE
PRINT NAME
B. The following information relates to the legal contractor listed above, whether an individual or a
company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
—An individual;
—A partnership, Partners'names:
� II
_A company;
X A Corporation.
X A Local Business (Licensed within the jurisdiction of the Coachella Vlelley).
Copy of current business license is required to be attached to this document.
2. My tax identification number Is: 33-0277824
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the
acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your
proposal being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # 1, 2, and 3 islare hereby acknowledged.
12
r
i ,
r�inw�eav�ae, odw
MY
TUOMIMAM
0010666
t�
P R.A GBOTECHNICAL me 2/19/14LIC '
ADD 61.
INT
EXHIBIT "D"
SCHEDULE OF COMPENSATION
Attached rates shall apply for the first three (3) years of the agreement, after
which Consultant may request a price adjustment not to exceed the Bureau of Labor
Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior
12 month period effective on the anniversary date of the agreement. The optional
renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of
the City and the Consultant.
23
BonTerra Psomas Billing Rates for Key Staff Proposed for the City of Palm Springs
On-Call Environmental Assessment (CEQA) Services
Key Personnel Role for Projects Billing Rates
lean Brady, AICP, Principal-in-Charge; Quality Control Manager n v\`$230
J 1• + , y
'Kristin L. Keeling Senior Project Manager `$175
r«�
` CEQA Documentation
"Jennifer Marks Senior Environmental Planner $155
L Ai
sephine Alido, AICP ° Senior Environmental Planner •„b r $125
,Edward S. Paek, AICP Environmental Planner $130
ian Neary � # , 4r`',, Environmental Planner "'`;1n w '' ;+ . . $115
Specialists — Natural Resources
atrick Maxon, M.A., RPA Cultural Resources Manager $155
44nn Johnston Biological Resources Quality Control Manager $215
cie Tennant senior Biologist/Project Manager $135
javid Hughes Regulatory Special ist/Delineations/Arborist $135
alists—Technical/Engineering ^
!James Kurtz 'Air Quality, GHG, and Noise Manager $215
iej Naftali PE,T Tfic itear
truce Kirby, PE - Civil Engineer-Drainage. Utilities $215
r
hael Swan PE? Water Supply Assessment "NW $215 1}
%tChristopher Starbird GIS Manager $105
Subconsultants —Technical
,hristopher Gray, Associate-in-Charge of Transportation $200
ehr& Peers
n;Pace, PG, CEG, Senior Associate Geologist/Project Manager $175
a Geotechnical
PSOMAS
FEE SCHEDULE THROUGH DECEMBER 2014
PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE
Principal $215—$245
Associate Principal $195 —$205
Air Quality/Climate Change/Noise Manager $200 —$215
Restoration/Regulatory Permitting Manager $185—$195
Biological/Environmental Manager $145 —$175
Senior Planner/Senior Project Manager $135—$175
Cultural Resources Manager $155
Principal Investigator, Archaeologist $145
Principal Investigator, Paleontologist $125
Senior Biologist/Senior Ecologist $115—$155
Senior Restoration Ecologist $130—$145
Project Manager $125—$150
Air Quality/Climate Change/Noise Specialist $130—$140
Planner/Assistant'Project Manager $95 —$120
Field Monitor(depending on expertise) $75—$135
Ecologist/Biologist $95—$115
GIS Specialist $105
Graphic Artist $105
Project Assistant $85—$90
Technical Writer/Editor $95—$105
Administrative Assistant $80
REIMBURSABLE COSTS
Mileage Federal Standard Mileage Rate
Reprographics (Outside) at cost plus 10%
Reprographics (Inside) Request Printing fee sheet
Other Out-of-pocket Expenses at cost plus 10%
Subconsultants at cost plus 10%
Plotting:
Field Maps $2.50 per sq ft
Display/Oversized/High Quality Graphics $10 per sq ft
Aerial Maps: Less than 500 acres $200
Aerial Maps: 500-1,500 acres $350
Aerial Maps: Greater than 1,500 acres $500
2 Executive Circle,Suite 175,InAne,CA 92614'(714)444-9199'(714)444-95W Fax
225 South Lake Avenue,Ste. 1000, Pasadena,CA 91101 '(626)351-2000'(626)351-2030 Fax
FEHRtPEERS
2013-2014
(July 2013 through June 2014)
Hourly Billing Rates
Classification Hourly Rate
Principal $200.00 - $225.00
Senior Associate $175.00 - $230.00
Associate $160.00 - $195.00
Senior Engineer/Planner $130.00 - $175.00
Engineer/Planner $115.00 - $135.00
Senior Technical Support $120.00 - $165.00
Senior Administrative Support $100.00 - $125.00
Administrative Support $100.00 - $120.00
Technician $110.00 - $130.00
Intern $70.00 - $90.00
Other Direct Costs/Reimbursable expenses are invoiced at cost plus 10%
for handling.
e Personal auto mileage is reimbursed at the then current IRS approved rate
(56.5 cents per mile as of Jan 2013).
r Voice &Data Communications (Telephone, fax, computer, e-mail, etc.)are
invoiced at cost as a percentage of project labor.
effective 612912013
Fehr&Peers reserves the right to change these rates at any time with or without advance notice.
STANDARD FEE SCHEDULE
GEOLOGY AND GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING SERVICES
January 1, 2014
Professional Services (Engineers Geologists Environmental Scientists)
Senior Principal (Review and Consultation) $ 210.00/hr.
Principal $ 199.00/hr.
Senior Associate $ 175.00/hr.
Associate
$ 165.00/hr.
Senior Project $ 155.00/hr.
Project $ 135.00/hr.
Senior Staff $ 125.00/hr.
Staff
$ 105.00/hr.
Assistant $ 95.00/hr.
Senior Fault Hazard Specialist $ 200.00/hr.
Fault Hazard Specialist $ 175.00/hr.
Forensic Services (Engineers, Geologists Environmental Scientists)
Senior Principal/Principal (Review, Analysis, Consultation) $ 375.00/hr.
Senior Principal/Principal (Depositions, Hearings, Mediation and Trials; in 4-Hour Increments) $ 425.00/hr.
Senior Associate/Associate (Review, Analysis, Consultation) $ 300.00/hr.
Senior Associate/Associate (Depositions, Hearings, Mediation and Trials; in 4-Hour Increments) $ 350.00/hr.
Senior Project/Project (Review, Analysis, Consultation) $ 250.00/hr.
Senior Project/ Project (Depositions, Hearings, Mediation and Trials; in 4-Hour Increments) $ 300.00/hr.
Technical Services
Supervising Engineering Technician $ 105.00/hr.
Senior Engineering Technician $ 85.00/hr.
Engineering Technician $ 75.00/hr.,
Field Technician (Prevailing Wage Projects) $ 115.00/hr.
Deputy Geotechnical Inspector $ 115.00/hr.
Senior Laboratory Technician $ 95.00/hr.
Laboratory Technician $ 85.00/hr.
Draftsperson $ 90.00/hr.
Support Services
Outside Consultants (Corresponding to in-house levels) In-House Rate
Drilling/Equipment Rental Cost + 20%
Client Requested Accounting $ 70.00/hr.
Word Processing, Technical Editing, Project Administration $ 65.00/hr
Field Services Communications Charges 1%of Invoice
Company Owned Equipment Usage $ 10.00/day
Copy Rate $ 0.25/sheet
Postage and Shipping Cost + 20%
PDF File Transmittal $ 15.00/file
CD File Transmittal $ 20.00/file
i
NOTE: Travel time to field job sites is charged on a portal to portal basis at the appropriate hourly rate.
Overtime for non-registered professionals and technicians is$40.00 over the hourly rate. A minimum of
two hours will be charged for all personnel
S*Fee SchedulesW2013 Fee SdudulesWGmloV,Gewechnkal and ftMmnmmtal.d= PETRA
J