Loading...
HomeMy WebLinkAboutA6559 - TERRA NOVA PLANNING & RESEARCH INC - ON-CALL ENVIRONMENT ASSESSMENT (CEQA) SERVICES City of Palm Springs David H. Ready, Esq., Ph.D. City Manager C1. fFO t- 3200 E.Tahquitz Canyon Way,Palm Springs,CA 92262 Tel 760.322.8350 • Fax 760,323.8207 • TDD 760.864.9527 David.Ready@pahnspringsca..gov - www.palmspingsca.gov June 19, 2017 AV 51 Terra Nova Planning & Research, Inc. 42635 Melanie Place, Suite 101 T o Palm Desert, CA 92211 rn c c Attn: Nicole Criste o r—— Re: On-Call Environmental Assessment (CEQA) Services s Dear Ms. Criste: w — N 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, 2014 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 Terra Nova during the upcoming year. Sincerely, On behalf of Terra Nova Planning & Research, Inc., I consent to this one-year extension as provided this letter. 14 David H. Ready, Esq., Ph.D. Nicole Cris e City Manager DHR:ff PO Box 2743, Palm Springs, California 92263 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES THIS PROFESSIONAL SlRftVICES AG MENT (hereinafter "Agreement") is made and entered into, to be effective this day of 2014, by and between the CITY OF PALM SPRINGS, a California charter city and municip corporation, (hereinafter referred to as "City") and Terra Nova Planning & Research Inc. (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 1 nNGINAL BID 4,,),D.iD R shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract 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: (151)the terms of this Agreement; (2"d) the provisions of the Scope of Services (Exhibit "A"); as may be amended from time to time; (3d th) the provisions of the City's Request for Proposal (Exhibit "B"); and, (4 ) 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 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: Nicole Sauviat Criste. 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.-11or 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, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence 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 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 fled, 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.B, 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 Rights 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 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 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: Terra Nova Planning & Research, Inc. Attention: Nicole Sauviat Criste, Principal 42635 Melanie Place, Suite 101 Palm Desert, CA 92211 Telephone: (760) 341-4800 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 Beneficiarv.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 / City Clerk City Man Date: 0 74n z ''1 Date: APPROVED BYCrfYCOUNCIL APPROVED FORM: APPROVED BY CITY COUNCIL: 'a-4 N By Date: Agreement No. -City Attorney Date: CONSULTANT Name: Terra Nova Planning & Research, Inc. 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: 42635 Melanie Place, Suite 101 Palm Desert, CA 92211 B By: 7 Sign notarized) Signatu (notarize _2 Name: oh I S Name: Title: ` j Title: \i f �14: 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On� ro9fore me, Gab t� \ rl 4tfn,�`ao ie,of e,e gaax personally appeared \t1 C \ \CP�IC� Ia� CF who proved to me on Use basis of satishactDry evidence to be the person(s) whose name(s) is" subscribed to the within instrument and acknowledged to me that hAheAhey executed the same in NA- erlOteir authorized capacity(jes),and that by his/hedtheir signatures)on the Instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the Instrument JERI LYNCH-JOHNSON I certify under PENALTY OF PERJURY under the laws Commission• 1941508 Notary Public-California of the State of California that the laregoing paragraph Is z Riverside County true and corned- emyco mm.Ex ire a Jul 17,2015 WITN S re my han d i al. waryPlace so,abe a Sign tu w ONONAL Though the oformartan below is not regrdredby laµ R may prove to persons re0v on daoument and could prevera fraedub other nt removal and rearMaimrerd tlYs form to an documea Description of Attached Document Title orlyps of Document: Document Date: Number of Pages: Signers)Other Than Named Above: Capeclty(tes)Claimed by Signers) Signer's Name: Signer's Name: ❑ individual ❑Individual ❑ Corporate Officer—Tltie(s): ❑Corporate 011icer—Title(s): LJ Partner—Cl Urnited ❑General ❑Partner—❑ Limited ❑General 0 Attorney in Fact ❑Attorney in Fact ❑ Trustee Top of thumb here ©Traetee Teo of Ilrurtlb here Ll Guardian or Conservator ❑Guardian or Conservator ❑ Other. ❑Other.: Signer Is Representing: Signer Is Representing: QS NeaaW Wary AnoWtlon•8990pearo M.PA.eas2sM.fxry mM.G ma1s2f02.wwv.NetiduNaWt'W xmn#wv fka,ee,:rkrTd4riaet-0bbele e9f7 18 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 internet at the following direct page link http://www.paimsprings-ca.gov/index.asi)x?i)aae=85 (or by visiting www.palmspringscaoov 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 na-palmspringsca.gov or by phone at (760) 322-8373 to officially resister 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 III V � ' Cq,/FORO� 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-th"otice-Inviting Request for Proposals (under " btaining 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 strongly 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, *if 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 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 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 '/2 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 "Qualifications/Work 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 B.4 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 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 iurisdiction 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: Craig.Gladders aC)palmsorinasca.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 et 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 F PALM s ti O �A V N .11 Fog 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 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. QP PALM s � Gr 2 • rq•Xy�. 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 1: 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 rrnns 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 #1 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. OE ?ALA, S,o V � 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 au'Y JAAI ' 1 1 ' 1 1 Jilll ?ALM CITY OF U PALM SPRINGS PROPOSAL TO PROVIDE ON-CALL ENVIRONMENTAL SERVICES (RFP 15-14) Prepared for City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Prepared by r � L J Terra Nova Planning& Research, Inc.® 42635 Melanie Place, Suite 101 Palm Desert, CA 92211 (760) 341-4800 March 2014 s Terra Nova Planning& Research, Inc. City of Palm Springs On-Call Environmental Assessment Services i City of Palm Springs On-Call Environmental Assessment Services TABLE OF CONTENTS I � D Cover Letter 2 I � A. Firm Qualifications, Project Team,Experience and Background 4 1. Terra Nova Planning& Research, Inc. 4 2. Terra Nova Binding Authority q 3. Terra Nova Background and Experience Summary 4 4. Key Personnel 5 5. Consulting Team 8 D B. Understanding of CEQA and NEPA Requirements and Processes 11 D 1 Approach and Methodology 11 D 2. Project and Budget Management 17 3. Representative EIR: College Park Specific Plan EIR, City of Palm Springs 17 C. References and Experience 20 1. Qualifications 20 2. Relevant Project Experience, Key Issues and References 21 D. Local Expertise of the Terra Nova Team 28 1 1. Local Business Qualification 28 1 2. Team Member Local Expertise 28 I Appendix A: RFP Attachment A 34 Fee Schedules Under Separate Cover 1 J TERRA NOVA PLANNING & RESEARCH, INC. March 24, 2014 Mr. Craig Gladders, C.P.M. Procurement and Contracting Manager City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 RE: Response to RFP 15-14 for On-Call Environmental Assessment Services Dear Mr. Gladders: Terra Nova is pleased to submit this proposal in response to the City's Request for Proposals for On-Call Environmental Assessment Services. As requested, this document sets forth the qualification and relevant experience of our company and consulting team to provide consulting r services on an "on call" basis. e The Terra Nova team will be led by Nicole Sauviat Criste, who is also the primary point of contact for this proposal. Ms. Criste is a Principal with the firm, and has 29 years of experience in the preparation of Initial Studies, Environmental Impact Reports (EIRs), Environmental ' Impact Statements (EISs), and other CEQA and NEPA documents. Her qualifications are provided in greater detail below. Terra Nova has been providing municipalities in southern California with environmental review services since 1984. We are currently retained by the City to prepare the Dakota, Lugo Lofts and Jul project Initial Studies, and have previously prepared Initial Studies and EIRs for the City, including the Museum Market Plaza (Desert Fashion Plaza) EIR and the College Park Specific Plan EIR. Detailed qualifications are provided in this proposal. We are also working with the Public Works Department to complete the CEQA and NEPA processes for the Ramon Road Bridge Widening project. Terra Nova is a boutique firm that prides itself on highly professional and personalized service. As evidenced by our project experience, our clients, including Palm Springs, have returned to 1 Terra Nova over many years. Our relationship with Palm Springs' Planning Department exceeds 10 years, and we hope to continue to provide services to the City for many years to come. I The focus of our firm is on providing turn key professional services. We work as an extension of i City staff, and always endeavor to provide support and assistance that is not disruptive to our r 42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 (760) 341-4800 Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services clients' workloads. Because of our extensive experience with CEQA, NEPA and public sector planning, we understand the limited staff resources in municipal government, and will work toward integrating into the City's processes to the greatest extent possible. I look forward to having the opportunity to discuss our proposal with you further. If you have any questions, or require additional information, you can contact me at 760-3414800, or by email at neriste(dterranovapl nning Sincerely, � I Nicole Sauviat Criste 1 Principal 1 1 1 1 1 1 ( t C C C C C C C C C C C C C C C 3 C C ® Terra Nova Planning&Research, Inc. City of Palm Springs On-Call Environmental Assessment Services City of Palm Springs On-Call Environmental Assessment Services A. Firm Qualifications, Project Team,Experience and Background Should Terra Nova be selected by the City, it will act as prime contractor for any environmental documents, and would provide all project management and CEQA document drafting. Terra Nova would also prepare all air quality and greenhouse gas analyses, Phase I, II and III ® environmental site assessments, and water supply studies necessary for any given project. Should technical studies be required for biological resources, cultural resources, noise or traffic, ' we would call upon members of our consulting team with specialties in these areas. The following first describes Terra Nova's general qualifications, and then provides summaries of our consulting team's qualifications. 1. Terra Nova Planning& Research, Inc. Terra Nova Planning & Research, Inc. is a California Corporation. Our contact information is as follows: ) Terra Nova Planning & Research, Inc. Contact Person: Nicole Sauviat Criste, Principal Telephone Number: 760-341-4800 Fax Number: 760-341-4455 Email address: ncristeAterranovaplanning.com 2. Terra Nova Binding Authority As Vice President of the firm, Nicole Sauviat Criste is authorized to bind Terra Nova in a contractual agreement. 1 i 3. Terra Nova Background and Experience Summary Terra Nova Planning & Research, Inc. was founded in 1984, and has maintained its primary offices in the Coachella Valley over the past 30 years. Terra Nova is a full service land use and environmental planning firm with a highly professional team of experienced urban and environmental planners and technical support staff. 4 i Terra Nova Planning&Research, Inc. City of Palm Springs On-Call Environmental Assessment Services I The firm's experience is wide ranging and includes the preparation of EIR/EISs for major I projects, Comprehensive and General Plans, Zoning Ordinances, and large scale mixed-use development. We have also prepared CEQA Initial Studies for dozens of jurisdictions and t hundreds of projects, and NEPA EAs for the Bureau of Land Management, Bureau of Reclamation, Bureau of Indian Affairs, the Federal Highway Administration, the US Economic t Development Administration and the US Department of Energy. Terra Nova has provided public sector planning, environmental and other analytical services to a wide range of public agencies, including all cities of the Coachella Valley, the Towns of Yucca Valley and Apple Valley, the County of Riverside, the City of San Bernardino, the City of Riverside and others. Specifically for Palm Springs, in recent months we have assisted the City by preparing Initial Studies for the Dakota, Lugo Lofts and Jul projects, as well as the CEQA and NEPA environmental documentation for the Ramon Road Bridge widening for the Public Works Department. As described below, we were also the authors of the Museum Market Plaza EIR and the College Park Specific Plan EIR for the City. In the preparation of environmental documents, Terra Nova emphasizes writing in language that the general public can understand. Since a major emphasis of CEQA is public involvement, Terra Nova is careful to describe issues from both a regional and site specific perspective. In this manner, the reader is better able to visualize the planning area and understand the context in which the project may be developed. Concepts that may be unfamiliar to the general public, such as Level of Service (LOS) criteria, wetlands and 100 year flood zones are defined so that the basis of the analysis can be better understood. Terra Nova has developed specialties in air quality and greenhouse gas analysis, water supply assessment and environmental site assessments for hazardous materials. We would prepare these studies, if required for an Initial Study or EIR. Biological resource, cultural resource, noise or traffic analysis for an Initial Study or EIR, if required, would be completed by the following firms. ( Biological Resources: AMEC Environmental & Infrastructure Cultural Resources: CRM Tech ( Noise: Kunzman Associates or Endo Engineering Traffic: Kunzman Associates or Endo Engineering C Brief summaries of each of our consultants' qualifications are provided below. Further detail regarding our team's relevant experience is provided in Section D of this proposal. C C 4. Key Personnel C Terra Nova staff work as a team on most projects, dividing responsibilities based on particular C areas of expertise. The following Terra Nova staff would participate in Palm Springs Initial C Studies and/or EIRs. C C C C 5 C C 'i ■ i Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services NICOLE SAUVIAT CRISTE Principal and Project Manager Ms. Criste has been with Terra Nova since 1985 and will serve as the Project Manager for City ` projects. She has extensive experience in the preparation of CEQA documents, including the Museum Market Plaza Specific Plan EIR in Palm Springs, the Dune Palms & Highway 111 r Specific Plan EIR in La Quinta, and the North Apple Valley Industrial Specific Plan EIR. She also worked with the City on "fast track" projects including the Hard Rock Hotel, Mondrian Hotel (now Dolce), Oceo residential project, Eagle Canyon project, Port Lawrence and Delgrano projects, among others. She has conducted and managed the preparation of several community General Plans, including those for the cities of La Quinta (2002 and 2012), Apple Valley and Banning. She is currently the Project Manager for the Patterson Park Neighborhood Revitalization Strategic Plan for the City of Riverside, and the Coachella Valley Association of Governments' Green for Life Program, for which the Terra Nova Team has prepared a Green Building Program and Municipal Benchmarking and Energy Management Program. Among her public sector clients, Ms. Criste has provided land use and environmental planning services to a number of cities, including Palm Springs, La Quinta, Palm Desert, Cathedral City San Bernardino, Indio, and Rancho Mirage. In addition to extensive land use and community planning experience, Ms. Criste also provides expert services in environmental, land use and development design analysis, fiscal and economic impact analysis, market research and marketing strategy development. She has conducted numerous market and economic impact studies, as well as environmental studies for economic development and redevelopment agencies in the region. Ms. Criste has also taught CEQA classes for City staffs, and prior to the demise of redevelopment agencies, for the California Redevelopment Association's certification program for redevelopment professionals. Ms. Criste also works with a number of attorneys as a CEQA l expert, providing technical analysis in support of court actions in southern California, Santa Clara County and Sacramento. Ms. Criste is a graduate of Scripps College with a Bachelor of Arts degree in European Studies. 1 t JOHN D. CRISTE Principal Planner r Mr. Criste has more than 35 years experience in land use, urban and regional planning, environmental assessment and impact analysis, land use feasibility analysis, and energy development management and regulation. He has worked in the Southern California region since 1979. He has extensive experience in public policy planning regarding land use and environmental issues on local, state and federal levels. His experience covers all aspects of CEQA and NEPA. He has been a CEQA instructor for the Association of Environmental Professionals and the American Planning Association. 6 1 Terra Nova Planning&Research,Inc. 1 City of Palm Springs On-Call Environmental Assessment Services I Mr. Criste was Principal in Charge for the College Park Specific Plan EIR in Palm Springs, Panorama Specific Plan and EIR in the east Valley, College of the Desert (COD) Educational Center EIR in Indio, and Paradise Valley Specific Plan EIR in Riverside County. He provides on-going planning services to Eisenhower Medical Center, COD and other institutional clients. His experience includes management of the Ritz-Carlton Hotel and Mirada Resort EIRs in Rancho Mirage, the Coachella Valley Multiple Species Habitat Conservation Plan EIR/EIS and the Stone Eagle EIR. Mr. Criste graduated with a Bachelor of Arts degree in Architectural History from Pennsylvania State University. ANDREA RANDALL Senior Planner Since joining Terra Nova in 1998, Ms. Randall has been actively involved in the preparation of General Plans and associated environmental analysis for a number of cities within Riverside County; as well as environmental assessments for 1 panned communities and mayor recreation projects. Ms. Randall has also assisted in the preparation and processing of a variety of NEPA and CEQA documents, and has secured Streambed Alteration Agreements from the California Department of Fish & Game and Section 404 Permits from the Army Corps of Engineers. Most recently, she participated in the preparation of the Dakota, Lugo Lofts and Jul Initial Studies for the City of Palm Springs. She also had a primary role in the preparation of the US BLM NEPA EIS for the California Desert Conservation Area (CDCA) Plan amendment. She played an important role in a 10,000- acre annexation and associated analysis on lands near the Colorado River, and has assisted in securing state and federal incidental take permits for major developments in the Coachella Valley of Southern California. Ms. Randall has also conducted predevelopment planning analysis for a variety of projects, including the Paradise Valley Market Feasibility Study and Fiscal Impact Analysis, the Coachella Valley Multiple Species Habitat Conservation Plan Fiscal C Impact Analysis, and analyses for a number of annexations and residential subdivisions. C Ms. Randall graduated Magna Cum Laude with a Bachelor's degree in Urban Affairs and C Planning from the Virginia Polytechnic Institute and State University. C C KELLY CLARK Assistant Planner C C Ms. Clark joined Terra Nova in 2011. She is a recent graduate of the University of California, C Berkeley, graduating with a Bachelor of Science degree in Conservation and Resource Studies. C Ms. Clark's coursework emphasized sustainable urban development, environmental policy and C community design. C Since joining Terra Nova, Ms. Clark has provided research and analysis required for CEQA and C NEPA documents, local green building policies and various development projects throughout the C Coachella Valley, including Initial Studies for retail projects in Desert Hot Springs, San Bernardino and Twenty-nine Palms. She also contributed to the preparation of the College of the C Desert Indio Educational Center EIR. C 7 C C W Terra Nova Planning& Research, Inc. City of Palm Springs On-Call Environmental Assessment Services She has developed an excellent understanding of air quality and greenhouse gas modeling, and prepares air quality models, including the air quality analyses for the Dakota, Lugo Lofts and Jul . Initial Studies in Palm Springs. Most recently, Ms. Clark has been a part of the planning team for the Rancho Cucamonga Foothill Boulevard BRT corridor study, a Compass Blueprint Demonstration Project of the Southern California Association of Governments. She has been involved in land use and socio- economic research, public outreach and participation, and collection of data and information regarding the Foothill corridor. QUIN KINNEBREW, CEG, REA II Phase I,II and III Environmental Site Assessments Mr. Kinnebrew will provide environmental site assessment services and associated technical i support if needed for any Palm Springs project. Mr. Kinnebrew's project experience includes environmental site assessments (ESAs), contaminated site investigations, and site remediation. He has conducted more than 350 Phase I ESAs in Southern California for commercial, industrial, residential, oil fields, railroads, and roadway properties. He has also conducted more than 500 soil, soil gas, and groundwater investigations throughout Southern California. Mr. Kinnebrew also has extensive experience in the preparation of Remedial Action Plans for the removal of contaminants in soil and/or groundwater. Contaminants of concern have included gasoline, diesel, volatile organic compounds, polycyclic aromatic hydrocarbons, metals, ' pesticides, herbicides, and waste oil. Remedial alternatives used have included vapor extraction technologies, injection of hydrogen releasing compounds, injection of oxygen releasing / compounds, and excavation and offsite disposal. Each completed remedial action conducted to date by Mr. Kinnebrew has received agency closure. 3 He holds a Masters of Science in Geology and a Bachelor's of Science in Engineering, both from j Texas A&M University. 5. Consulting Team Terra Nova Planning & Research would be the City's prime contractor. Terra Nova would be responsible for completing the Initial Study or EIR. Should technical reports be required, Terra Nova would also prepare air quality, greenhouse gas, hazardous materials and water supply studies. For biological resource, culturalthistoric resource, noise and traffic studies, Terra Nova 1 works with long-standing partners, with whom we have worked on a number of projects. The 1 following firms would be involved in City projects as necessary. 1 • Biological Resources: AMEC Environmental &Infrastructure Cultural Resources: CRM Tech t Noise: Endo Engineering or Kunzman Associates • Traffic: Endo Engineering or Kunzman Associates 8 i Terra Nova Planning&Research, Inc. City of Palm Springs On-Call Environmental Assessment Services i Each of these firms' qualifications is provided below. Please note that we have included two I potential traffic consultants on our team. We have worked with both Endo Engineering and Kunzman Associates on a number of projects, and find them to have equal knowledge and expertise. However, in order to insure availability and depending on the type of project, we 1 would include one or the other at the beginning of an assignment. 1 AMEC Environmental& Infrastructure—Biological Resources Analysis AMEC's biological resources group consists of full-time professional staff with expertise in the fields of environmental permitting, botany, ornithology, mammalogy, herpetology, wetland and l aquatic ecology, conservation biology, ecological risk assessment, and habitat restoration. AMEC performs the full spectrum of biological resource studies. Staff members provide eight basic types of service: site surveys; research design and implementation; impact analyses; 1 mitigation design and implementation plans; habitat restoration; resource conservation and management plans; construction monitoring; and Geographic Information Systems (GIS) mapping and analyses of biological resources. AMEC technical specialists have been providing biological services support for more than 30 years. AMEC wildlife biologists hold specialized permits issued by USFWS and/or the CDFG Q for surveying and monitoring sensitive, threatened, and endangered wildlife species throughout 6 California. AMEC's wildlife biologists also hold Species Recovery Permits with the federal e government and a Memorandum of Understanding (MOU) with the State of California for trapping and handling various sensitive and listed wildlife species. CRM Tech—Cultural/Historic Resources Analysis Established in 1993, CRM TECH was formed to provide abroad range of cultural resources C management services throughout California. Services provided by CRM TECH include all phases of archaeological, historical, and paleontological investigations. The firm also provides a wide range of historical and edmohistorical research, Native American consultations, archaeological, paleontological, and historical surveys, and mitigation and recovery plans. CRM C Tech provided the historic analysis for the Project Phoenix Initial Study for the City of Twentynine Palms in 2011. C Since its creation, CRM TECH has completed more than 1,700 cultural resources studies C throughout the State of California, the majority of them in southern California. CRM TECH's C professional team brings over 60 years of combined CEQA/NHPA expertise in California C archaeology, history,paleontology, ethnography, anthropology, and historical architecture. C Endo Engineering—Traffic and Noise Analysis C Endo Engineering is a professional engineering consulting firm specializing in the modeling and C assessment of circulation and noise impacts. The firm has been providing services to Terra Nova C for more than 17 years. Their staff'of skilled and experienced professionals has a proven twenty- C four year track record of providing traffic engineering and computerized transportation and noise modeling services on projects throughout Southern California. C The firm's strength and versatility stem from its multi-disciplinary approach, responsiveness, and C extensive experience with planning, environmental and engineering firms, as well as governmental entities and state-of-the-art computer applications. The firm is experienced in C assisting planners and developers to take advantage of opportunities and overcome constraints by C 9 C r r Terra Nova Planning&Research, Inc. City of Palm Springs On-Call Environmental Assessment Services r providing technical support that facilitates a better understanding of circulation and noise issues, r and their solutions. r Kunzman Associates—Traffic and Noise Analysis r Kurtzman Associates, Inc. is a California Corporation located in the City of Orange that r specializes in planning for governmental agencies and the business community. The firm has ' highly qualified personnel with experience throughout Southern California at the regional, local, r and individual project level. The experience of the firm's personnel in planning and operations for new planned communities, as well as established areas provides the special skills necessary for determining imaginative, practical, and meaningful solutions to transportation problems. The r firm was established in 1976 by William Kunzman, P.E., and since then the firm has completed r over 4,000 studies for over 800 different clients. r i t 1 10 Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services i 0 City of Palm Springs On-Call Environmental Assessment Services 11 B. Understanding of CEQA and NEPA Requirements and Processes 0 This section of our proposal addresses the CEQA process, and how we manage our projects. 0 Whether an Initial Study or an EIR is being prepared, the requirements of CEQA arc similar, and 0 as a result the tasks that need to be completed are identical. In the case of an EIR, the analysis is more complex, and the timelines are extended, while an Initial Study (leading to either a Negative Declaration or a Mitigated Negative Declaration) is a simpler, more straight forward 1 process. 11 1. Approach and Methodology This section addresses both the approach we take in completing Initial Studies and EIRs, and provides typical project tasks associated with the environmental review of a project. Terra Nova typically provides turn-key services for its clients, and this approach has been assumed in the descriptions below. We strive to relieve the City of as much of the burden of CEQA processing as possible, and have assumed that this would be the case should we be selected for the Consultant Panel. We also understand the time constraints imposed by State law, and the needs of the development I community, and work aggressively to complete documents in an expeditious time frame. To that end, we believe that we should serve as an extension of City staff, and that our inclusion in the planning and design process early in a project's submittal is of value to a streamlined CEQA process. Early inclusion of the environmental consultant in review of plans with City staff and applicants can often help resolve potential environmental issues through changes in design, thereby simplifying the environmental document and its mitigation measures. The following describes our approach and methodology in preparing environmental documents. These summaries also describe our management techniques in keeping projects on budget and on schedule. Project Management and Coordination: The Principal in Charge for City projects would be Nicole Sauviat Criste. She would be the primary point of contact for the City, would supervise both in-house staff and consultants, draft portions of the documents, review all materials, and would represent the project at City staff and public meetings. Unlike larger firms, the Principals at Terra Nova remain actively involved in our projects, and take personal responsibility for the 11 Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services timely and accurate preparation of documents. The City can be assured that Ms. Criste will I develop a comprehensive understanding of each project, and be intimately involved in the 1 preparation of all aspects of each document from beginning to end. Terra Nova's management style, as described elsewhere in this proposal, is to become an 1 extension of City staff to the greatest extent possible. Because of our long-standing relationship 1 with Planning Department and Public Works staff, we understand the City's requirements, and keep projects on track through personal contacts and project timelines. We also have consistently performed our work under or on budget, without the need for change orders. 1 ( Administrative Services: Terra Nova provides on-going administrative support to the City through project coordination functions and the preparation of notices and assistance with approval documentation, such as staff reports and resolutions. Terra Nova also usually assumes responsibility for the preparation and mailing of the following: • Notice of Intent to Adopt a(Mitigated) Negative Declaration (NOI) < • Notice of Preparation(NOP) • Notices of Completion(NOC) • Notice of Availability of a Draft EIR • Notice of Determination (NOD) We also undertake the transmittal of the environmental documents to the County and/or the State Clearinghouse and other parties of interest, using a City-approved mailing list. The City would typically be responsible for the placement of advertisements for newspaper publication, and the posting of notices at City Hall. Other cost-effective administrative support services would also be provided throughout the process, including the tracking of mandated comment periods, securing closing documentation from the County and State Clearinghouse, etc. C Data Collection/Information Gathering: Terra Nova utilizes in-house resources and C capabilities, and those of the City and various public agencies in developing and organizing data and information from all available sources. The collection of data and information, and the C characterization of the physical, regulatory and built environment is extensively researched and presented in our documents, so that the public and decision makers have a clear understanding of what each project involves. C EIR Notice of Preparation: CEQA allows some flexibility in the preparation of a Notice of C Preparation, which is necessary only for an EIR. Some jurisdictions prefer to transmit only the C forms required under CEQA, without the preparation of an Initial Study. Although we have C found that this occasionally is sufficient to satisfy the need to inform the public, we almost always recommend the preparation of an Initial Study, and its release with the Notice of C Preparation forms. We believe that in order to have sufficient information to comment on a C project, a responsible agency or interested parry must be able to understand that project. The C Notice of Preparation form does not provide that level of detail without an accompanying Initial Study. We therefore strongly recommend them as part of the EIR process. C C C c 12 C c Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services EIR or Initial Study Drafting: The clear and concise documentation of the project description, current environmental conditions and project impacts is critical to the successful completion of any CEQA document. Terra Nova takes great care in preparing documents that are understandable to the lay person as well as the professional planner. We also detail existing conditions and impacts to make clear what the build out of the project will do to impact both the built and natural environment, and describe mitigation measures clearly to show how the effects of the project will be reduced. Direct and indirect impacts on the environment and community are identified and described in detail. Immediate near-term impacts resulting from the build out of a project, as well as long- term and cumulative impacts, when applicable, are assessed and described. This assessment includes a discussion of all relevant specifics, including environmental and man-made resources, alterations to physical systems, traffic, drainage issues, changes induced by land use patterns and health and safety issues. Where necessary and appropriate, special studies are prepared to address these technical issues. Our past experience with the City tells us that some projects will provide the City with special studies, while others will require that we manage and/or complete them. Either approach can easily be integrated into our review process. Technical Analysis and Special Studies: Research and analysis associated with environmental ' issues will identify current conditions and focus on the potentially significant impacts associated with the implementation of a proposed project. We actively participate in the preparation of special studies for each project, whether prepared by our firm or a specialist, and take responsibility for the findings of our sub-consultants. All reports will be reviewed internally for accuracy, completeness and adequacy prior to being submitted to the City for staff review. As described in greater detail above, we have worked with our team of consultants for a number of j years, and have developed a clear understanding with them of the quality of work we expect. This includes the analysis of project alternatives in EIRs, which we believe should be analyzed in ' sufficient detail to allow decision makers to clearly understand what impacts an alternative would have on each environmental issue area. As an example, air quality analysis for a project alternative would be completed to the same level of detail as for the "Preferred Alternative," to accurately describe the potential impacts of each alternative. Mitigation Measures and Mitigation Monitoring Programs: In conjunction and concurrent with the development of an Initial Study or EIR, we elaborate on the specific design elements of the project that "mitigate impacts by design", including such elements as noise attenuation, building r mass and scale, water and energy conservation, off-site improvements, etc. We develop mitigation measures to address specific impacts associated with the implementation of the project being analyzed. Both short and long term impacts are assessed and mitigated, to assure that the project does not cumulatively impact the environment. We strive to detail all impacts to the greatest extent possible, so that the Initial Study or EIR can be of value in processing phases of development of a period of years. This is particularly critical for larger projects, where subsequent environmental review can pose significant delays in the development process. As required by CEQA, we also prepare mitigation monitoring and reporting programs where necessary to assure that mitigation measures are implemented. In the case of EIRs, we usually integrate the mitigation monitoring programs into the document itself, but can prepare a separate document if the City so wishes. Our preference for an integrated mitigation monitoring program 13 1 Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services stems from our belief that one document is better than two — as projects develop and staff changes, the City can be assured of proper mitigation monitoring more easily if staff is only required to refer to one document — the original EIR — when considering what mitigation ' measures must be applied. 1 EIR Alternatives Analysis: All mandated subjects under CEQA are addressed, including at least three fully developed project alternatives. For project-specific documents, we would include an Alternative Site in our analysis, and determine whether such an alternative would be feasible. We would also anticipate a No Project alternative, and at least one other alternative which proposes an alternative development plan that would reduce the potential impacts of the project being analyzed. In the case of City projects, alternative site analysis may not be necessary, depending t on the nature of the project. These alternatives would be developed and detailed in close coordination with City staff. t As described above, we include a comprehensive analysis of alternatives in our documents, including quantification of impacts wherever possible, so that decision makers and the general C public can have a clear understanding of the potential impacts of the project, and the ways in which those impacts may be reduced. Response to Comments and Final EIR: CEQA has different processes for responses to C comments for Initial Studies and for EIRs. For Initial Studies, CEQA does not mandate a response to comments. We, however, always recommend that comment letters be attached to t Planning Commission and/or City Council staff reports, and that brief responses be included in the staff report. We have prepared these types of responses for City projects in the past, and C supplied them to the staff planner, who can "cut and paste"them into the staff report. The responses prepared for an EIR can be critical in defusing contentious issues brought out by C interested parties. We take a proactive role in the preparation of the Final EIR/Response to C Comments, and will often engage a commenting party to resolve issues and eliminate confrontations. We also work closely with City staff in the preparation of the comments, to C assure that they accurately reflect City policies and procedures. C An EIR is technically not Final until certified by the City. Changes can be made to a Draft EIR in C the Response to Comments or even in the public hearings for a project. We therefore recommend that a `certified' EIR document be prepared after certification of the document, that includes all C changes, adopting resolutions, Findings and Statements of Overriding Considerations (if C applicable) and the Response to Comments. That way, when the EIR is referred to during the C construction of a project, the City is assured that the mitigation measures and mitigation monitoring program accurately reflect the decision of the City Council. C Statement of Overriding Consideration: Unmitigated significant effects would require the C adoption of Findings and a Statement of Overriding Consideration. It is often the case that Findings and a Statements of Overriding Consideration are needed for air quality and greenhouse C gases (GHGs) impacts, and sometimes for traffic and other impacts. We prepare these documents C to the City's specifications, and include all discussions required by CEQA. C C C 14 C C W Terra Nova Planning& Research,Inc. City of Palm Springs On-Call Environmental Assessment Services Public Hearings: Terra Nova works closely with City staff in developing staff reports and resolutions, and assisting in preparation of materials for Planning Commission and City Council public hearings. As an extension of City staff, we also help with presentations during public meetings, and assist with questions and comments to the greatest extent possible. ' Planning Commission meetings can be held during the Draft EIR comment period, if the ultimate approval authority lies with the City Council, when the City wishes to expedite a project. However, since comments made at a public hearing must be considered in a response to ® comments, we generally recommend that if a project is to be expedited, the Planning Commission hearing be held after the close of the comment period, but before the release of the Response to Comments, if the project is to require City Council action. Legally Defensible Environmental Documents As with all CEQA projects, care must be taken to assure the highest level of research, documentation and analysis. Also essential is a thorough, multi-disciplinary approach that keeps special studies and other analysis on point. Terra Nova's approach to legally defensible environmental analysis and documentation has served our clients well. Over 30 years and hundreds of environmental studies, only two Terra Nova environmental documents have ever been challenged in court -- unsuccessfully in both cases. Terra Nova staff has also provided expert witness testimony in state and federal courts on S planning and environmental issues. Ms. Criste has taught CEQA classes for Planning Department staffs, and also for the California Redevelopment Association, before the demise of redevelopment in California. She is frequently asked to provide peer review of other firms' documents, and has been a resource to Palm Springs' and other cities' Planning departments when CEQA questions arise. Typical Project Tasks The following briefly describes the tasks typically involved in the preparation of both an Initial Study and an EIR. Where a task is specifically related to EIRs, they are noted as such. A. Project Description: Based upon planning and design documents prepared for a project, develop a comprehensive project description in consultation and coordination with City staff that meets CEQA requirements. Review project description and development plans and associated graphics with City before finalizing. 1 B. EIR Notice of Preparation: A Notice of Preparation (NOP) would be prepared and transmitted to the State Clearinghouse and other parties of interest for a 30-day review I period. The NOP will be accompanied by an Initial Study, and will include a detailed project i description, and descriptions of the environmental issues identified for the project. Comments on the NOP are subsequently addressed in the Draft EIR, Terra Nova usually transmits the NOP to the State and to the City's approved list of responsible agencies and interested parties. C. Coordination: Establish a regular schedule of team meetings, as needed, with City staff to review progress and address issues. If selected early in the process, and particularly for EIRs, we recommend the inclusion of Terra Nova staff in application review meetings (with or without the applicant), to address issues and review potential solutions. 15 1 Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services D. Research and Documentation: Research, document and map environmental resources and hazards for integration into the Initial Study or EIR. For an EIR, each analysis category is briefly addressed in the Environmental Setting discussion, and issues requiring further discussion are fully analyzed in the Impacts and Mitigation section. For an Initial Study, the City's standard CEQA form would be completed on a categorical basis. The goal is to provide comprehensive analysis and mitigation that utilize the most up-to-date data and information available in a manner compliant with CEQA. ( E. Review and Integration of Special Studies: All special studies prepared for a project are reviewed and analyzed. If Terra Nova were responsible for the preparation of the studies, the City will be provided copies for review and approval. If special studies have been prepared by the applicant, they will be reviewed by Terra Nova staff, and requests for modifications will be made as appropriate. The content of the special studies is summarized in the Initial Study or EIR, and the mitigation measures recommended by the specialists integrated as appropriate. All special studies are appended to the EIR in their entirety. Special studies for Initial Studies can be appended, or provided on request. F. EIR Project Alternatives: In addition to the "Preferred Alternative" project, Terra Nova also develops and analyzes three (3) additional alternative projects, including a "No Project" alternative. Alternative projects are reviewed with City staff, fully described and analyzed on a categorical basis and impacts associated with each are assessed. The alternatives are ranked, and a least impacting alternative identified. All alternatives are also compared to the C project objectives. C G. EIR Mandatory CEQA Analysis: Other mandatory CEQA discussions, including C Cumulative and Growth-Inducing Impacts, Unavoidable Environmental Impacts, Short-Term C Use Versus Long-Term Productivity and other mandatory CEQA EIR discussions are C incorporated into the Draft EIR document. C H. Screencheck Review: The City reviews the screencheck copy of the document prior to C transmittal. If necessary, a second review draft (following the incorporation of changes and C comments made by the City) will be provided. Terra Nova confers with City staff regarding C comments, and amends the screencheck draft accordingly. C I. NOC. NOI and Document Transmittal: Terra Nova prepares a draft Notice of Intent(NOI) or C Notice of Completion (NOC) and transmits the Draft document for public comment utilizing C a City-approved transmittal list. For EIRs, fifteen (15) copies are also be transmitted to the State Clearinghouse, thereby starting the 45-day public comment period. We also transmit C the NOC or NOI to the County Clerk for posting, and coordinates publication in the Desert C Sun with City staff. CI J. Preparation of Response to Comments: With receipt of comment letters received, Terra C Nova restates comments and prepares responses to comments, conferring with City staff C before finalizing responses. Terra Nova and City staff work cooperatively in the completion C of the documentation. As described above, for an EIR the Response to Comments would be transmitted to the commenting party, whereas for an Initial Study, the responses would be C integrated into staff reports. C 16 C C ® Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services ® K. Public Hearings: Terra Nova staff prepare for, attend and assist City staff in the presentation ® of the project at public hearings before the Planning Commission and City Council. L. NOD Preparation and Filing: Following adoption of a Negative Declaration or Mitigated Negative Declaration, or certification of the EIR, Terra Nova prepares the Notice of . Determination (NOD), secures necessary signatures and transmits the NOD to the County Clerk and State Clearinghouse, which will start the statutory 30-day appeal period. The City will be responsible for securing NOD fees to accompany the NOD for the County Clerk.. M. Preparation of Certified EIR: Following certification of the EIR, Terra Nova prepares a final EIR document that incorporates any changes in analysis, mitigation measures, etc., and i appends approving resolutions, the Response to Comments and other pertinent documents. Copies are provided to the City in paper and electronic format. r 2. Project and Budget Management As described elsewhere in this proposal, Terra Nova is proactive in its project management. We maintain internal project schedules and review project status on a weekly basis. We also keep in regular contact with our clients to maintain open communication and regularly update clients on S project status. For EIR projects, we use a combination of tools to complete projects in a time efficient manner. At the onset of an EIR, we establish a detailed project schedule that integrates all species studies schedules, City staff review times, and mandated CEQA timelines. At the same time, we set up regular team meetings with City staff, usually either on a bi-weekly or monthly basis. These team meetings are an opportunity to review project status, discuss issues or challenges that have arisen, and even review sections of the draft document as they are completed. This ongoing close coordination assures that issues are discussed as they occur, and that `speed bumps' in the process are addressed and corrected quickly. In terms of budget management, we are very careful in assessing the amount of work required 1 for projects from the outset. We believe that it is our responsibility to know what it will take to complete a task, and budget accordingly. Unless changes in the scope of work occur after 1 initiation, we do not submit change orders, and operate within our original parameters. I 3. Representative EIR: College Park Specific Plan EIR, City of Palm Springs The College Park Specific Plan and EIR consisted of a number of components, complex analysis, and multiple agency coordination. The project included the following: • A NEPA Compliant Environmental Assessment to address the sale of Bureau of Land Management(BLM) land to the City. • A CEQA Compliant Initial Study to address the Development Agreement between the City and the College of the Desert 17 Terra Nova Planning&Research,Inc. 1 City of Palm Springs On-Call Environmental Assessment Services • A Specific Plan for the City, including the integration of College of the Desert's Master 1 Plan for their campus, plus development standards and land uses for the surrounding area 1 • An Environmental Impact Report for the Specific Plan 1 • An Initial Study (leading to a Mitigated Negative Declaration) for a Southern California Edison (SCE) solar field, adjacent to the campus i Terra Nova was the prime contractor on the project, and managed a team of specialists that 4 included AMEC, CRM Tech and Endo Engineering. We also were responsible for coordinating with College of the Desert's design team, and integrating the College's Master Plan into the Specific Plan. We were able to successfully manage the project to completion, even with the t significant delays resulting from the College's lengthy design delays. Our knowledge of CEQA and NEPA facilitated the completion of the various environmental documents in a time and cost efficient manner. We were able to navigate the federal process and complete the BLM's NEPA process, to allow the City to transfer the land to the College. We were also able to guide and assist City staff in the CEQA process for both the Development Agreement and the Specific Plan, and managed the distribution, posting and circulation of all documents for this project. ( The project also required us to coordinate with the Bureau of Land Management regarding the acquisition by the City of the land;the City Manager's and City Attorney s offices regarding the ( sale and Development Agreement between the City and the College; and Planning and Public Works Departments regarding design and environmental issues. Finally, while we were completing the documentation, the City asked us to process environmental documentation for a solar field proposed by SCE on a portion of the property, and we coordinated with SCE in obtaining plans, coordinating review with Planning and Public Works, and working on staff reports and conditions of approval. ( The analysis involved in the EIR was extensive, because it included such diverse land uses and circumstances. The Specific Plan area included not only the College project, but also the James O. Jesse Community Center, the residential neighborhood, and the commercial and industrial development on North Indian Canyon from the levee to San Rafael. We developed creative C solutions to land use compatibility issues between the older, established industrial uses, and the ( residential development, both existing and proposed that occurred immediately adjacent to it, and solved access and internal circulation issues to the satisfaction of the City and the neighborhood. C We also worked closely with Public Works staff in analyzing traffic, the capacity of Sunrise C Parkway, its General Plan designation, and ultimate build out cross section to balance the City's heed for adequate circulation with the College's costs associated with building the roadway. C We had extensive community outreach meetings, and coordinated with residents, business C owners and church, representatives to get input and address individual concerns. Negotiations with the church were particularly extensive, because of concerns they expressed regarding future expansion plans, and their need for access within the project area. We were also responsible for presentations to City commissions and the City Council, College Board of Trustees, and others, C and represented the Specific Plan and EIR effectively throughout the process. C C 18 C C i i i Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services i i Finally, as related to budget, we completed the project with one change order. The change order i was necessitated by the College's lengthy design process, which extended the timeline i considerably; and by unanticipated issues associated with Riverside County Flood Control, and relating to the levee. We completed and delivered the project on budget, and absorbed costs i associated with the final printing, because of budget constraints. r r Both John Raymond and Cathy Van Horn, in the City's Community and Economic Development Department, were intimately involved in the College Park project. We strongly encourage the r reviewing committee to discuss our performance with them. r r r r r r r i r i � r r i l I 19 Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services City of Palm Springs On-Call Environmental Assessment Services ` C. References and Experience 1. Qualifications Terra Nova has extensive experience in environmental assessment and planning, including land r use and resource surveys, natural resource assessments and inventories, demographic profiles, ' housing trends and supply assessments, facilities planning and market feasibility studies. As a planning firm, Terra Nova is particularly attuned to certain environmental assessment issues, including land use feasibility and compatibility, housing impacts, natural resources protection 1 and integration, visual, traffic and noise impact analyses, and air quality. Terra Nova has prepared numerous environmental documents on a variety of projects in compliance with California Environmental Quality Act (CEQA), Washington's State Environmental Policy Act (SEPA) and the National Environmental Policy Act (NEPA). The firm's experience is wide ranging and includes the preparation of EIS/EIRs for multiple species habitat conservation plans, major stormwater and bridge and highway projects, Comprehensive 1 and General Plans, Zoning Ordinances, resource extraction, large scale mixed-use resort development and other projects. We have also prepared a variety of NEPA documents for the Bureau of Land Management, Bureau of Reclamation, Bureau of Indian Affairs, Federal Highway Administration, US Economic Development Administration and the US Department of Energy. Terra Nova strongly believes that properly planned research and analysis programs must take a systems approach that starts with a comprehensive understanding of baseline conditions, provides a rigorous evaluation of possible project impacts, and explores as wide a range of issue I solutions or resolution as is practicable. Also essential is Tema Nova staff knowledge of local, state and federal environmental laws and regulations affecting documentation and processing. Environmental approvals are the first line of attack for project opponents and Terra Nova has a well deserved reputation for highly defensible environmental documents. We also regularly consult with land use and environmental law attorneys, and have provided expert witness testimony in state and federal courts. Terra Nova uses an integrated team approach and is proactively engaged in issues identification and resolution, project facilitating and team coordination. Our services to legal counsel and our success with defensible analysis have been hallmarks of our work. We are a trusted provider of services to private development and government, and are especially focused on establishing common ground and consensus. 20 Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services 1 2. Relevant Project Experience, Key Issues and References t The following summarizes recent relevant projects and provides references for each of the l projects. The listing below is a sampling of the documents Terra Nova has prepared. As can be seen from the listings, we tend to be called upon for multiple projects by the jurisdictions in i which we work. Most of the references listed below will be able to describe additional projects we have completed for them. The projects have been grouped by type of document. Environmental Impact Reports are listed first, followed by Initial Studies (all of which led to Mitigated Negative Declarations). As stipulated in the City's RFP, our team members' project a experience is provided in Section D of this proposal. C Museum Market Plaza Specific Plan and EIR Terra Nova prepared the Museum Market Plaza Specific C Plan and EIR for the redevelopment of the Desert Fashion Plaza, in the center of the City of Palm Springs. The project C at the time included the redevelopment of a defunct regional shopping center into 900 residential units, 300,000 square feet of commercial retail space, and 600 hotel rooms. The EIR analyzed the impacts of the project on historic _0 4 structures in the downtown, the construction of 5-7 story structures in an area of one and two story structures, the fiscal impacts to the General Fund and the Redevelopment Agency of all project alternatives, and the impacts on F C existing public services. The project was completed under -- i C budget. Reference: The project was completed for Mr. Craig ® C Ewing, retired Planning Director with the City of Palm C Springs. Mr. Ewing can be reached at (760) 464-5849. C Current City staff also familiar with the project: Mr. Edward Robertson; Principal Planner, City of Palm Springs, (760) 323-8245 C C College Park Specific Plan and EIR C The College Park Specific Plan (CPSP) and EIR project C encompasses 510f acres in the City of Palm Springs and includes the new I I8t acre West Valley Campus of College of C the Desert. The City's goal is to use the COD campus C development as a catalyst for the redevelopment of a C disadvantaged residential neighborhood, and revitalization of the oldest industrial area in the City. Developed as a sustainably C based community plan, the CPSP includes a mix of residential, C industrial, commercial and institutional land uses in a highly C complementary manner, consistent with and implementing the principles of SB 375. The issues of concern addressed in the C EIR included traffic, land use compatibility and energy resources. The EIR was certified by the C City, and the project is now being implemented. The project was completed on budget. 0 Reference: Mr. John Raymond, Director of Community and Economic Development Department, City of Palm Springs, (760) 323-8228 0 0 21 0 0 n Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services Panorama Specific Plan and EIR p Terra Nova prepared the Panorama Specific Plan and EIR for this project approved by Riverside County in 2009. The project encompasses 504 11 acres and the development of a new integrated, ' mixed-use community that will be anchored by the 95-acre East Valley Campus of College of the Desert. Located adjacent to Highway I I I and the SR86 Expressway, the Specific Plan also provides for the development of approximately 2,700 homes, 800,000 square feet of commercial space, a community YMCA, fire station, and parks and open space. The COD campus has been centrally r located to facilitate easy access and to serve as the focus of the community. Planning and environmental issues included land use compatibility, traffic, air quality, water resources, drainage and geotechnical constraints. The project was completed on budget. Reference: Mr. Robert Pippin, Van-Cal Projects, LLC, (760) 862-1111 Dune Palms & Highway 111 Specific Plan EIR, City of La Quinta Terra Nova provided turn key environmental services, including the Notice of Preparation, Draft and Final EIR and Notice of Completion for a Mixed Use Specific Plan in the City of La Quinta. The project, owned by the City's Redevelopment Agency, proposed a 200 units affordable housing project and an auto center on a 20 acre site. Terra Nova also managed the preparation of a detailed traffic study, noise impact analysis, air quality and greenhouse gas analyses, and cultural resource surveys and reports. The project was completed under budget. Reference: Mr. Les Johnson, Community Development Director, City of La Quinta, (760) 777- 7125. College of the Desert Indio Educational Center EIR The College of the Desert/Desert Community College District (COD) partnered with the City of Indio in securing a downtown block for the design and construction of the Indio Educational Center 1 (IEC) of the College of the Desert. The three story IEC provides classrooms, laboratories, meeting rooms and administrative offices within the 40,000 square foot satellite campus. The ground floor includes approximately 10,000 square feet of retail commercial, including Starbucks, a book and supplies store, light dining and other outlets that serve the college and the surrounding downtown area. The EIR addressed land use compatibility, traffic management, air quality, drainage and utilities, sustainability and other issues. The project was completed under budget. Reference: Mr.Steve Renew, College of the Desert, (760) 773-2500. 22 I Terra Nova Planning&Research, Inc. City of Palm Springs On-Call Environmental Assessment Services Hillwood Warehouse Complex EIR, City of San Bernardino Terra Nova prepared this EIR for the City of San Bernardino Economic Development Agency. The project { consisted of two million square feet of warehouse space on 154 acres located adjacent to I-215 at the University Parkway exit. Issues of particular concern included the _ site's previous use as a bomb-making factory during World War II; traffic associated with both City streets and the I-215 main line; the construction of a grade separation for existing railroad tracks in the vicinity and its relationship to the proposed project; and aesthetics from — the I-215 right of way. The project was completed under budget. Reference: Mr. Colin Strange is now Director of Business Resources with the San Bernardino Area Chamber of Commerce, and can be reached at (909) 885-7515 North Apple Valley Industrial Specific Plan and EIR Terra Nova prepared this Specific Plan for the Town of Apple Valley, to address the long-term economic and employment growth of a 5,000 acre planning area around and including the Apple Valley Airport. The Specific Plan assigned new industrial and supporting commercial land uses, included development standards and guidelines, as well as infrastructure analysis to guide capital improvement planning for the project area. A comprehensive analysis of the costs associated with road construction, water and sewer infrastructure was conducted to allow for infrastructure planning for the area. The EIR focused on traffic issues associated with this mostly undeveloped area of Town, and on significant regional drainage issues. Both the Specific Plan and EIR were completed and adopted by the Town Council within 10 months of contract initiation. The project was completed under budget. Reference: Ms. Lori Lamson, Director of Community and Economic Development, Town of Apple Valley, (760) 240-7000, ext. 7204 C Coachella Valley Multiple Species Plan ElR/EIS C Terra Nova prepared a CEQA and NEPA compliant EIR/EIS for the 1.25 million acre Multiple C Species Habitat Conservation Plan (MSHCP) and Natural Communities Conservation Plan C (NCCP) for the Coachella Valley Association of Governments (CVAG). In addition to C addressing the full range of potential project impacts on the member jurisdictions of CVAG (nine incorporated cities and Riverside County), the EIR/EIS also addresses the US Bureau of Land C Management's Santa Rosa and San Jacinto Mountains Trail Plan. The MSHCP take permit also C covered future projects of the Coachella Valley Water District, Riverside County Flood Control C District and Imperial Irrigation District. The EIR/EIS evaluates the full range of environmental issues, including land use, socio-economic and fiscal resources, transportation, flood control, C water resources, air quality, noise, open space and recreation, and public facilities. Extensive C consultations with involved jurisdictions and agencies were also conducted. The project was completed on budget. Reference: Mr. John Wohlmuth, who was then Executive Director of the Coachella Valley C Association of Governments, is now City Manager of the City of Palm Desert, and can be C reached at(760) 346-0611. C C C, 23 C C r'� 1 Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services City of Palm Springs Initial Studies The following Initial Studies have been prepared under the direction of various City Planning Department staff. As a reference, each project planner is identified individually with each project. Dakota Initial Study: The Dakota project is proposed on 6.4 acres on the west side of Belardo Road. The project includes 39 single family homes and a casita. Key issues associated with the project included land use compatibility, air quality and aesthetics. The Initial Study was ' completed ahead of schedule, and under budget at the end of 2013. (Project Planner: David Newell) r Lugo Lofts Initial Study: The Lugo Lofts project is proposed on an infill lot adjacent to the existing Saint Baristo project in downtown. The proposed project would result in 11 new homes M on 2.7 acres. Issues of concern associated with the project included compatibility with adjacent existing development and aesthetics. The project was completed ahead of schedule, and under budget at the end of 2013. (Project Planner: David Newell) rJul Initial Study: Terra Nova is currently completing an Initial Study for the Jul project, proposed for 24f acres at the northeast corner of Farrell and Baristo. The project materials were S preliminary and minimal, but a comprehensive analysis was nonetheless conducted. Issues of concern included aesthetics and traffic. The screencheck draft has been delivered to the City for i � review on schedule, and the project is under budget. (Project Planner: Ken Lyon) a Sol Pahn Springs Residential Project Mitigated Negative Declaration: Terra Nova recently completed this Mitigated Negative Declaration for a Planned Development Permit and Tentative Tract Map to allow the construction of 46 single family homes on a 7 acre site. Issues of concern centered on cultural resources, as the project site is located in a traditional use area for the Agua Caliente Band of Cahuilla Indians. Mitigation measures included cultural resource monitoring to > assure that impacts to these resources would not be significant. The project was completed for l the applicant, and submitted to the City. The project was delivered on time and under budget. (Project Planner: Ken Lyon) 1 In addition to our most recent work, Terra Nova provided "Fast Track" planning services for a number of projects being processed by the City from 2005 through 2008. These included the Delgrano condominium project, the Hard Rock and Starwood hotels, the Eagle Canyon project, the Port Lawrence project, and the Palm Springs Convention Center expansion, among others. Our supervising planner for the City was Mr. Edward Robertson. Two of these projects are summarized below. Hard Rock Hotel Mitigated Negative Declaration: Terra Nova prepared the Initial Study for a 499 room Hard Rock Hotel proposed for downtown Palm Springs. The complex also included restaurant, spa and ballroom facilities. Issues of concern included traffic and noise, as the project is adjacent to residential projects. Terra Nova managed the preparation of special studies for traffic and noise, and also processed the planning applications for the City. Staff was responsible for all staff reports and presentations to the Architectural Review Committee, Planning Commission and City Council. 24 I Terra Nova Planning&Research,Inc. 1 City of Palm Springs On-Call Environmental Assessment Services 1 Port Lawrence Mitigated Negative Declaration: This Planned Development Permit consisted of 1 118 condominiums and 25,000 square feet of retail space on a 4 acre site. The project proposed + to demolish an existing block of downtown Palm Springs which included a potentially historic building. Extensive historic evaluations were conducted, and a mitigation program developed. Terra Nova managed the preparation of special studies for traffic, noise and historic resources, 1 and also processed the planning applications for the City. Staff was responsible for all staff / reports and presentations to the Architectural Review Committee, Planning Commission and City Council. 1 E City of La Quinta Initial Studies < Terra Nova has completed most environmental documents for the City of La Quinta since 1998. These have included the General Plan EIRs for the City's 2002 and 2013 General Plans, the Dune Palms Specific Plan EIR described above, and current planning Initial Studies. Recent representative Initial Studies are described below. For a reference, please contact Mr. Les Johnson, Community Development Director, City of La Quinta, (760) 777-7125 C Washington Street Apartments Phase 1 and Phase 2 Initial Studies: Two Initial Studies were prepared for this project to address first the remodelling of existing apartments and addition of C new units, and then to assess the impacts of further expansion onto adjacent lands. The project is owned by the City, and houses low income senior households. Issues of concern included the extension of additional sanitary sewer service due to limited capacity in existing facilities; and C cultural resources. C Dune Palms Road Widening Initial Study: This Initial Study was prepared to address the build C out of an existing street in the City. Issues of concern included the encroachment of an existing mobile home park into the right of way, and the relocation of units within that park; and impacts to other adjacent properties. C Swenson Residence Initial Study: Terra Nova prepared the Initial Study fora 6,000 square foot C single family home proposed within the City's Hillside Overlay. Issues of concern were C primarily related to impacts to neighbors immediately below the site, and included aesthetics, rock fall and flooding impacts. C C TTM 36305 Initial Study: The TTM was proposed for a senior community on 80 acres. The C community included 418 single family homes, a clubhouse and recreational facilities. Terra C Nova prepared the initial study and air quality and GHG analysis for the project, resulting in a Mitigated Negative Declaration. C City of Rancho Mirage Initial Studies C Terra Nova has provided planning and environmental services to the City of Rancho Mirage C since the late 1980's. In recent years, we have completed a number of Initial Studies for C development projects. Three recent or current projects are described below. For a reference, C please contact Mr. Randy Bynder, City Manager, City of Rancho Mirage, (760) 324-4511. C C 25 C r-) Terra Nova Planning&Research, Inc. City of Palm Springs On-Call Environmental Assessment Services Rancho Mirage Chart House Initial Study: The Chart House restaurant building was heavily damaged by fire in late 2010. The building, however, had been designated a locally significant i historic structure, and required considerable analysis prior to demolition. Terra Nova managed the historic resource analysis, coordinated extensively with the City Attorney and City Manager, I', r and completed the Mitigated Negative Declaration. Eisenhower Rehabilitation Hospital Initial Study: Terra Nova prepared the Initial Study for a ,General Plan and Zoning Map Amendment and associated development plan for a 60 bed physical rehabilitation hospital on a 1.2 acre site. Issues of concem included land use compatibility, since the project was proposed immediately adjacent to estate homes. Terra Nova r also processed the planning applications for the City. Staff was responsible for all staff reports and presentations to the Architectural Review Committee, Planning Commission and City Council. Monterey Avenue Widening Project Initial Study: Terra Nova is preparing all the environmental M documentation for this project, which involves CalTrans funding. Included in the documents are an Initial Study, federal Categorical Exclusion, and special studies for noise, traffic, cultural and biological resources. The documentation is currently under way. Other Initial Studies As described elsewhere in this proposal, we have assisted cities throughout the Coachella Valley y and the High Desert in the preparation of environmental documents. Three representative projects are described below. Cathedral Canyon Bridge CEQA and NEPA Documentation: Terra Nova is providing the lead on securing environmental clearances and permits for this 600-foot bridge over the Whitewater River. Terra Nova established a noise monitoring and modeling plan to assess the potential noise impacts from this new structure. Surrounded by resort residential structures and one of the most 3 popular golf courses in the Coachella Valley, community noise impacts from elevated motor vehicles was a major concern. Noise modeling and bridge design were able to effectively reduce noise impacts associated with this project. Terra Nova is also responsible for securing State and Federal permits for impacts to the River through California Department of Fish and Wildlife and 1 US Army Corps of Engineers. ? Reference: Mr. Bill Simmons, City Engineer, City of Cathedral City, (760) 770-0340 Project Phoenix Initial Study: This Initial Study was prepared for a downtown revitalization project in the City of Twentynine Palms. The project included a Zone Text Amendment and i development plans for the redevelopment of a 12.8 acre site. The project plans were for a Community Center, Special Event venue, public parking lot and 40 residential units. Issues of concern included historic resources and traffic flow, as the project would intensify land uses in the area. Terra Nova managed the preparation of a historic resource assessment, and prepared the Initial Study. Reference: Mr. Charles LaClaire is no longer with the City. However, Mr. Matt McCleary, the Interim Community Development Director, is familiar with the project, and can be reached at 760-367-6799. 26 Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services ( Gardens on El Paseo Expansion Initial Study: Terra Nova prepared this Initial Study for the expansion of an existing specialty shopping center. The project included the demolition of existing structures, and the construction of 70,000 square feet of additional retail space. Terra C Nova managed the preparation of the traffic study and extensive visual simulations, and completed a Mitigated Negative Declaration. Reference: Ms. Lauri Aylaian, Community Development Director, City of Palm Desert, (760) 346-0611 G G d a a c a a c C C C C C C C C C C C C C C C C C C C C C 27 C 0 r Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services r r r City of Palm Springs r On-Call Environmental Assessment Services r r D. Local Expertise of the Terra Nova Team r r 1. Local Business Qualification Terra Nova qualifies as a Local Business under the City's standards. The required Attachment A, r and copies of our Palm Springs and Palm Desert business licenses are attached to this proposal as Appendix A. As stated throughout this proposal, Terra Nova has been providing environmental and urban planning consulting services to cities in the Coachella Valley for 30 years. Our staff of planners all work and live in the Valley, and our practice has focused on local projects, as described in Section C, above. 2. Team Member Local Expertise This section provides relevant project experience for each of our consulting team members. Our team members have all worked with Terra Nova for at least 15 years, and in many cases longer. They also have extensive experience on Palm Springs and Coachella Valley projects, and bring an abundant knowledge of the area to all their projects. We have provided synopses of past 1 project experience representative of each of their specialties. 1 AMEC Environmental and Infrastructure 1 AMEC will be responsible for biological resource studies, focused species surveys and i jurisdictional delineations for projects, if required. AMEC has an office in Cathedral City, from which all Coachella Valley projects are undertaken. The following projects are representative of the firm's work in Palm Springs and the Valley. i Pre-Construction Nesting Bird Survey for the Garnet Solar Power Generation Station 1 AMEC was contracted by Hanwha Q CELLS USA to conduct a preconstruction survey for nesting birds at the site of the proposed Garnet Solar Power Generation Station 1 Project, in the City of Palm Springs. The project site encompasses approximately 134 acres, and is located at 5400 North Indian Canyon Drive. The survey satisfied a Condition of Approval in the Conditional Use Permit issued by the City for the project. 28 Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services i AMEC will also serve as a third party environmental consultant and monitor compliance with i required environmental mitigation measures associated with the project on behalf of the City Engineer. AMEC will work independently of the project proponent, and report to the City Engineer to identify measures satisfied in accordance with the Mitigated Negative Declaration adopted for the project. AMEC will ensure that all applicable mitigation measures have been t satisfied prior to issuance of a grading permit, or shall be satisfied during the course of construction, (as the case may be), as determined by the City Engineer upon recommendation by { AMEC. Biological Resources Assessment for the Ramon Road Bridge Widening Project The Ramon Road Bridge local roadway improvement project facilitated widening of Ramon Road from San Luis Rey Drive in Palm Springs, to Landau Boulevard in Cathedral City. Ramon Road varies from 4 to 5 lanes within the project area and is designated as a 6-lane divided major thoroughfare and a 6-lane divided arterial highway in accordance with Palm Springs and Cathedral City's General Plans, respectively. Under sub-contract to Terra Nova Planning and Research, AMEC performed a biological assessment and jurisdictional delineation (JD) of E waters, wetlands, and associated riparian habitat potentially impacted by the development of the proposed project. The general biological assessment consisted of a literature review, followed by two site surveys to obtain a general inventory of plant and animal occurrences on the project site. The surveys were also performed to determine the potential for, or presence of, sensitive biological resources on the project site. In addition to the general biological assessment, AMEC biologists also performed focused surveys for burrowing owl (Athene cunicularia) on the project site. C Burrowing Owl Habitat Assessment and Burrowing Search for the Village Traditions C Project C The Village Traditions project was originally approved in 2005 as a 104 unit multi-family residential project on approximately 11.65 acres of Tribal Trust property of the Agua Caliente Band of Cahuilla Indians. Construction of the project began in 2006, but when the economy collapsed and home sales stalled, the builder was unable to complete the project. Although C rough graded, the 6.5-acre balance of the property south of the flood control channel remains C vacant. In 2013, AMEC performed a burrowing owl (Athene cunicularia) habitat assessment and burrow search. The preconstruction survey was included as a requirement in the Village C Traditions Project Report prepared for the City of Palm Springs by the Agua Caliente Band of C Cahuilla Indians which stated "pre-construction surveys are still required to confirm that no C burrowing owls are present on-site and/or to relocate any that may he present according to C established protocols." C , Focused Surveys for Casey's June Beetle, Cathedral City Volkswagen Dealership Project C AMEC conducted a habitat assessment and focused survey for federally listed endangered C Casey's June beetle (Dinacoma caseyi) on several contiguous parcels of vacant lands along the C south side of East Palm Canyon Drive, east of Canyon Plaza Drive and west of Perez Road, proposed to be developed as an automobile dealership(s) in Cathedral City. Casey's June beetle C (CJB) is currently known to occur on fewer than 800 acres in the vicinity of Pahn Canyon Wash C and on portions of Agua Caliente Indian Tribal lands in southern Palm Springs. The habitat C assessment was conducted on foot, visually inspecting and mapping all areas of the site for components of CJB habitat. Focused nocturnal surveys for Casey's June beetle were conducted C by permitted AMEC biologists in accordance with the CJB Survey Guidelines (USFWS 2012) C 29 C ® Terra Nova Planning& Research,Inc. City of Palm Springs On-Call Environmental Assessment Services ` on the project site. Surveys included the use of blacklight bucket "traps" distributed throughout potentially suitable habitat. Trapping for Casey's June beetle was conducted at least once every ' 10 days (to ensure sampling during peak abundance) during the first available suitable survey conditions from the beginning of April (6 surveys over two months). A known reference population was closely monitored in order to time the focused surveys with the species flight period. CRM TECH CRM TECH has been a trusted Terra Nova team member for over 20 years. They will be responsible for archaeological and historic surveys for Palm Springs projects. The firm's recent r experience is described below. Cultural Resources Survey Report, Museum Market Plaza Between December 2007 and May 2008, CRM TECH performed a cultural resources survey in r the City of Palm Springs covering 12 parcels of urban land in the downtown area of the city, known historically as "the Village." The purpose of the study was to provide the City with the necessary information and analysis to determine whether any "historical resources," as defined by CEQA, are present within the project area and may be affected by the proposed project. During the investigation, two commercial complexes were noted within the project area: the Desert Fashion Plaza at 123 North Palm Canyon Drive, and the Town and County Center at 146- 174 North Palm Canyon Drive/167-181 North Indian Canyon Drive. The results of the study determined that, due to its unique location at the heart of"the Village," the early history of the ' Town and Country Center represents a notable chapter in the rapid growth of downtown Palm Springs as the dominant urban center in the Coachella Valley during the 1940s-1950s, an important theme in post-WWII regional history. Appropriate alternatives for.preserving the historic nature of the area were offered in the final report. Historic Building Survey, Cathedral City Fire Station Project i In January and February 2009, CRM TECH performed a historic building evaluation on seven commercial buildings in the downtown area of the City of Cathedral City. The buildings are part of an approximately 4.8-acre site designated for a new fire stationhouse. The purpose of the study is to provide the U.S. Department of Housing and Urban Development and the City of Cathedral City with the necessary information and analysis to determine whether any of the buildings in the study area qualifies as a "historic property," as defined by Section 106 regulations. CRM TECH conducted a historical resources records search, pursued historical background research, carried out a field inspection of the subject property, and consulted with the Cathedral City Historical Society. As a result of these research procedures, five of the seven commercial buildings were determined to be modem in age, i.e., post-1960, and without any extraordinary architectural or aesthetic merit. The other two buildings date to around 1947, a time when Cathedral City was undergoing a major growth spurt. These particular buildings, however, have been extensively altered, significantly compromising their overall historical integrity and their ability to relate to their potential period of significance, namely the early post-WWII era. 30 I Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services I Historical/Archaeological Resources Survey, 1551 North Palm Canyon Drive, Palm Springs 1 In February and March 2013, CRM TECH performed a cultural resources study on approximately 1.3 acres of vacant urban land in the City of Palm Springs. The study was part of t the environmental review process for a proposed commercial development project on the property. The purpose of the study is to provide the City with the necessary information and 1 analysis to determine whether the project would cause substantial adverse change to any 4 historical/archaeological resources that may exist in the project area. CRM TECH conducted a ' historical/archaeological resources records search, pursued historical background research, contacted Native American representatives, and carried out an intensive-level field survey of the a property. No "historical resources," as defined by CEQA, were found within the project area, however. t Historical/Archaeological Resources Survey for the Wild Sands I Project (the Jones/Sirota Properties and Transmission Line Right-of-Way), City of Palm Springs G In December 2011 and January 2012, CRM TECH performed a cultural resources study on approximately 87 acres of vacant land and 3.3 linear miles of power transmission line right-of- C way near the northern edge of the City of Palm Springs. The study was part of the environmental review process for a solar photovoltaic energy conversion system project known as Wild Sand I, which entails the proposed construction and installation of a solar array field with solar photovoltaic panels, an on-site substation, a generation-tie power line, access roads, security fencing, and lighting facilities. CRM TECH conducted a historical/archaeological resources records search, pursued historical C background research, contacted Native American representatives, and carried out an intensive- level field survey. As a result of these research procedures, a historic-period isolate and a previously recorded historic-period site, designated 33-010815, were found within the project C area. Based on the results of the research, CRM TECH recommended that an archaeological C testing and evaluation program be implemented to determine whether the site qualifies as a C "historical resource" prior to any ground-disturbing activities associated with the project. C C Endo Engineering C Endo Engineering will be one of two firms providing traffic and noise impact studies for Palm C Springs projects. Endo has worked with Terra Nova on a number of projects, including the College Park Specific Plan project described above. Representative projects are briefly C summarized below. C College Park Specific Plan C Endo completed traffic and noise impact analyses of a 510-acre site located east of North Palm C Canyon Drive, west of Indian Canyon Drive, between San Rafael Drive and the future alignment C of Sunrise Parkway, in the City of Palm Springs. In addition to the remaining approved land C uses, the Preferred Alternative proposed the development of 235 multiple-family attached dwelling units, 44,170 square feet of commercial floor area, and 44,928 square feet of business C park uses. The Preferred Alternative also included the West Valley Campus of the College of the C Desert, alternative energy facilities, and 650,000 square feet of building floor space including (J, business incubator space. C 31 Q n ' ' Terra Nova Planning&Research, Inc. City of Palm Springs On-Call Environmental Assessment Services The Springs Retail Center Planned Development District Endo Engineering completed a peer review of the developer-submitted traffic study followed by a traffic impact analysis of 393,000 square feet of commercial/retail space to include a Home Depot with 151,951 square feet of retail space; retail uses totaling 199,727 square feet; 26,466 square feet of restaurant uses (in four separate buildings, two of which would provide drive- through facilities); and a future retail expansion building area of 14,856 square feet located on ` the northeast corner of Gene Autry Trail and Ramon Road. Palm Springs Section 14 Master Plan Endo completed traffic, air quality and noise analyses addressing the Master Development ' Plan/Specific Plan for 640 acres in Section 14 of the Agua Caliente Reservation in downtown Palm Springs. The project site is bounded by Alejo Road to the north, Sunrise Way to the east, Ramon Road to the south, and Indian Canyon Drive to the west. The proposed development comprises a total of 215.3 acres of commercial/mixed use which may include a recreational ' sports complex, casinos, cinemas, or an indoor-outdoor festival marketplace as well as a maximum of 9,468 primarily high density residential dwelling units for renters, second homes and permanent seniors. Palm Springs Convention Center Expansion ' Endo Engineering completed traffic, air quality and noise impact analyses addressing the impacts associated with the expansion of the existing convention center to increase the exhibit area from 66,000 to 98,300 square feet and increase the meeting space from 12,000 to 24,500 square feet. This was accomplished by expanding the convention center on the existing grounds and did not include the closure of any roadways in the City. Palm Springs Regional Airport Master Plan Update - a traffic, air quality and noise impact analysis addressing the future use and role of the 925-acre airport including recommended development actions related to the airfield facilities, the passenger terminal complex, the general aviation complex, and airport support facilities needed to accommodate future demands over a ? twenty-year development period. The CVATS model was utilized to project future traffic volumes. 1 Palm Springs Museum Market Plaza Specific Plan 1 Under contract with Terra Nova, Endo completed traffic and noise impact analyses evaluating a 1 20.59-acre project site located south of Amado Road and north of Arenas Road, between 1 Museum Drive and Indian Canyon Drive. The area within the Museum Market Plaza Specific Plan was occupied by the Desert Fashion Plaza, the Town & Country Center, the Zeldaz Nightclub, the Mercado Plaza parking lot, and the vacant 0.83-acre Palm Hotel site. The proposed project was designed to re-integrate the site into the Palm Springs downtown and reduce the need for travel by automobile by providing a vibrant high-intensity mixed-use lifestyle center with living, shopping and entertainment venues in a central location. 32 Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services 1 Kurtzman Associates I Kunzman Associates will be one of two firms providing traffic and noise impact studies for Palm 6 Springs projects. Terra Nova and Kunzman Associates have worked on a number of I development projects together in the Coachella Valley and elsewhere. Representative projects are briefly summarized below. I Value Place Hotel Traffic Impact Analysis, Palm Springs The project site is located west of Ruppert Street between Orr Way and 20th Avenue in the City of Palm Springs. The project site is proposed to be developed with a 121 room hotel. The project will have access to Ruppert Street. The traffic report contains documentation of existing traffic conditions, trips generated by the project, distribution of the project trips to roads outside the project, evaluation of Opening Year traffic conditions, and an analysis of Year 2030 traffic ' conditions without and with the project. Palm Springs Recycling and Transfer Facility Traffic Impact Analysis a The project site is located south of 19th Avenue and west of McLane Street in the City of Palm d Springs. The proposed land use for the project site consists of a recycling and transfer facility. The project will operate at 500 tons per day for Opening Day conditions and 750 tons G per day for buildout conditions. The traffic report contains documentation of existing traffic q conditions, trips generated by the project, distribution of the project trips to roads outside the d project, and an analysis of future traffic conditions. d Palm Springs Mall Traffic Impact Analysis The project site is located at the southwest corner of Tahquitz Canyon Way and Farrell Drive in C the City of Palm Springs. The project site proposed a total of 400,892 square feet of shopping center, 247,802 of which is currently occupied. The proposed project will have access to Tahquitz Canyon Way, Baristo Road, and Farrell Drive. The traffic report contains a scoping C agreement with the City, documentation of existing traffic conditions for sixteen (16) study area C intersections during the mid-day/evening peak hours, trips generated by the project using the C Institute of Transportation Engineers Trip Generation manual, distribution of the project trips to roads outside the project, and an analysis of Opening Year/Year 2030 traffic conditions. C Whitewater Park Traffic/Noise Impact Analysis C The project site is located at 71-560 San Jacinto Drive in the City of Rancho Mirage. The C project proposes to construct an amphitheater approximately 25,000 square feet in size a 0.35 C acre dog park, a community garden, and a new parking area in the existing Whitewater C Park. Events at the amphitheater may include live music, movies, plays, dance performances, C holiday ceremonies, and lectures. The proposed amphitheater would accommodate up to 580 visitors duringan one event. Performers and support staff would raise this number to 670. The C Y PP traffic study included documentation of existing traffic conditions in the vicinity of the site, C evaluation of traffic conditions for the year at opening (2014) of the proposed project, and (3) C determination of on-site and off-site improvements and system management actions needed to achieve level of service requirements. The noise impact analysis contains documentation of C existing noise levels, noise sources affecting the project, construction and operational noise and C vibration generated by the project, and analysis of the traffic related noise impacts generated by C the project after it is open. C C 33 C C n I ® ® Terra Nova Planning&Research,Inc. City of Palm Springs On-Call Environmental Assessment Services S City of Palm Springs 1 On-Call Environmental Assessment Services 1 1 M s APPENDIX A L � Attachment A—Local Business Certification and Business Licenses I I r 34 p ATTACHMENT "A" r RFP for#15-14 ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES 'NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN ENVELOPE #1 "QUALIFICATIONS/WORK PROPOSAL" r SIGNATURE AUTHORIZATION r r NAME OF PROPOSER/FIRM: Terra Nova Planning & Research. Inc. r r 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 ce4ify that I have the authority to bind myselfAhis r company in a contract sho m m pose . r r SIGN T r r Nicole Sauviat Criste PRINT NAME r r 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: A company; x 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: 33-0119954 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 & 3 is/are hereby acknowledged. ) 1 I i 12 1 CITY OF PALM SPRINGS BUSINESS LICENSE 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 323-8289 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. • BUSINESS NUMBER: 00004914 EXPIRATION TAX/ADMIN. FEE CERT NO BUSINESS TYPE: LAND PLANNERS 09/30/2014 18.00 2991 . OWNER NAME: CRISTE, JOHN 09/30/2014 133.00 2992 09/30/2013 1.00 60840 BUSINESS NAME: TERRA NOVA PLANNING AND RESEAR . BUSINESS ADDRESS: 42635 MELANIE PL STYE 101 PALM DESERT,CA 92211 1 TERRA NOVA PLANNING AND RESEAR ISSUANCE OF THIS LICENSE DOES NOT ENTITLE 42635 MELANIE PL THE LICENSEE TO OPERATE OR MAINTAIN A 101 PA BUSINESS IN VIOLATION OF ANY OTHER LAW PALM DESERT CA 92211 OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S r MUST BE POSTED IN A CONSPICUOUS PLACE S City of Palm Desert 73-510 Fred Waring Drive, Palm Desert,CA 92260 (7��60)334�4+6ryry-0//6111,,��r�+� IaJC'+i�11J<'11.L TE NOT TRANSFERABLE BUSINESS NAME: TERRA NOVA PLANNING & RESEARCH BUSINESSLOCA71ON: AP65971 CONSULTANT 42635 MELANIE PL ##101 PLMD BUSINESS OWNER TERRRA NOVA PLANNING/RESMA-ROK 26500 1.2-0003280 TERRA NOVA PLANNING & RESEARCH 4226335DSs�IE PLACEISUITE 101PALM 5/31/14 (pTha parry s CA 92 hown a granted this cerdtkate W Cs�natpprr n andoreamenl tlN d :::.�nor ) 1 I I i 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 Terra Nova Planning&Research, Inc. City of Palm Springs On-Call Environmental Assessment Services City of Palm Springs On-Call Environmental Assessment Services Hourly Fee Schedule for Team Members Terra Nova Planning & Research, Inc. AMEC Environment and Infrastructure, Inc. CRM Tech Endo Engineering Kunzman Associates, Inc. Terra Nova Fee Schedule 2014 � 1 L I TERRA NOVA PLANNING & RESEARCH, INC.® 42635 MELANIE PLACE, SUITE 101 PALM DESERT, CA 92211 STANDARD FEE SCHEDULE 2014 Terra Nova invoices its clients on a cost-basis using an hourly billing system. The scope of each planning effort is typically broken down by task and assigned estimated necessary staff time and the applicable hourly rate. Reimbursable expenses are charged on a cost basis, except where otherwise indicated. All payments for services rendered are to be made payable to Terra Nova Planning & Research, Inc. unless otherwise indicated. Clients are invoiced on a monthly basis, and invoices are due and payable upon receipt. A charge of 1.5% per month is added to all invoices over 30 days past due. The current fee schedule is provided below: Terra Nova Staff Hourly Rate Principal Planner $ 165.00 Senior Planner $ 140.00 Associate Planner $ 115.00 Assistant Planner $ 95.00 Senior Engineer $ 155.00 Associate Engineer $ 125.00 Media Specialist $ 85.00 Graphic Design Specialist $ 60.00 Administrative Assistant $ 45.00 REIMBURSABLES Photo Copies (BV) $ 0.15 ea. (Color) $ 1.00 ea. Blueprints/Xcrox (BV ) $2.00/S.F. (Color) $ 8.00/S.F. Computer Plotter $ 30.00/11r. Telephone Toll Charges Cost FAX Transmittals Cost Reproduction, Special photographic services, document printing, aerial photogrammetry,postage, etc. Cost+15%. amecO AMEC Environment and Infrastructure, Inc. Bill Rate Schedule As of 1/1/14 Professional Services Rates charges are for work directly related to projects. Charges are made for technical typing, as in the preparation of reports, and for the time and costs of printing, as in the production of reports. Charges for services are based on hourly rates listed below. Bill rate schedules are subject to change. Class Rate per Classification Code Description Hour Professional Level 601 Technician 1 $40 Professional Level 602 Field Assistant $55 Professional Level 603 Field Assistant 2 $55 Professional Level 604 Field Biologist/Scientist $55 Professional Level 605 Field Biologist/Scientist 2 $60 Professional Level 606 Assoc. Biologist/Scientist $65 Professional Level 607 Assoc. Biologist/Scientist 2 $70 Professional Level 608 Staff Biologist(Scientist $75 Professional Level 609 Staff Biologist/Scientist 2 $75 Professional Level 610 Staff Biologist/Scientist 3 $80 Professional Level 611 Biologist/Scientist $85 Professional Level 612 Biologist/Scientist 2 $95 Professional Level 613 Senior Biologist/Scientist $105 Professional Level 614 Senior Biologist/Scientist 2 $110 Professional Level 615 Senior Biologist/Scientist 3 $117 Professional Level 616 Project Manager $125 Professional Level 617 Senior Project Manager $135 Professional Level 618 Senior Project Manager 2 $140 Professional Level 619 Senior Project Manager 3 $150 Professional Level 620 Program Manager/Senior $155 Scientist Professional Level 621 Principal Biologist/Scientist $165 Professional Level 622 Program Manager $170 Professional Level 623 Program Manager 2 $175 Professional Level 624 Principal $160 AMEC Environment&Infrastructure,Inc. 3120 Chicago Avenue,Suite 110 This document is confidential and is not to be released and is Riverside,CA 92507 USA subject to restrictions. If you are not the intended recipient Tel +(951)369-8060 please notify us by telephone as soon as possible and either Fax +(951)369-8035 return the message by post or destroy it. If you are not the www.amec.com intended recipient,any use by you of its contents is prohibited. CRM TECH 1016 E. Cooley Drive, Suite B Colton, CA 92324 CULTURAL RESOURCE MANAGEMENT CONSULTANTS Current Billing Rates (as of January 2014): Principal Investigator $95.00/hour Project Director/Project Manager $95.00/hour Primary Historian/Architectural Historian $95.00/hour Primary Paleontologist/Geologist $95.00/hour Ethnographer/Ethnohistorian $95.00/hour Laboratory Analyst $90.00/hour Field Director $80.00/hour Report/Site Record Writer $80.00/hour Field Crew Chief $70.00/hour Project Archaeologist/Paleontologist $70.00/hour Project Historian/Architectural Historian $70.00/hour Archaeology/Paleontology Monitor $70.00/hour Field Crew Person $50.00/hour Laboratory Technician $50.00/hour Report Technician $50.00/hour Office Technician $50.00/hour Clerical $50.00/hour Information Centers charge$150.00 per hour plus copies for records searches, which could be billed as a reimbursable expense. Special studies conducted by outside laboratories will be billed at their cost plus 15%. Note that these rates normally include expenses such as mileage, copies, printing, and administration fees, unless otherwise noted for particular projects. For example, monies for mileage and per diem expenses will be added when it is a long distance to the project area and overnight stays are needed. Mileage will be billed at the IRS rate. Tel: 909 824 6400 Fax:909 824 6405 EndoEngfneerfng Traffic Engineering Air Quality Studies Noise Assessments COMPENSATION SCHEDULE Classification Hourly Rate Principal/Professional Engineer $130.00 Director/Associate Engineer $110.00 Project Manager $70.00 Associate Project Manager $40.00 Technician $25.00 General Notes: 1. Reproduction,telephone and supply costs are non-billable. 2. Hourly rates apply to travel time related to site investigations and meetings. Mileage will be invoiced at $0.50 per mile. 3. Statements will be submitted monthly for work in progress and upon completion of the work. 4. Statements are payable within 30 days of receipt. 5. Any invoice unpaid after 30 days shall be subject to interest at the maximum rate permitted by law. 6. Any controversy or claim arising out of or relating to this contract,or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by and entered in any court having jurisdiction thereof. 28811 Woodcock Drive,Laguna Niguel,CA 92677-1330 Phone.(949)362-0020 E-Mail:endoengr@cox.net " m OVER 35 YEARS OF EXCELLENT SERVICE STANDARD COMPENSATION SCHEDULE (Effective January,2004) CLASSIFICATION HOURLY RATE Principal $150.00 Principal Associate $125.00 Senior Associate $125.00 Associate $100.00 Junior Associate $ 75.00 Technician $ 40.00 Secretary $ 40.00 GENERAL PROVISIONS OF AGREEMENT 1. Travel,reproduction,and supply costs are billed at cost. 2. Hourly rates apply to work time as well as travel time and waiting time, which occur at meetings, public hearings, depositions,or court testimony. 3. Statements will be submitted monthly for work in progress or upon completion of work. Statements are payable within 30 days of the statement date. Any invoice unpaid after 30 days shall be subject to a service charge of the maximum interest rate allowed by law or two percent per month,whichever is less. 4. Client hereby agrees that the balance in a billing statement is correct and binding unless the client notifies the consultant in writing within fifteen days of the date of billing and informs consultant of the alleged Incorrect item. 5. All documents produced as a result of this agreement may be used by the consultant without consent from the client. 6. The consultant makes no warranty as to his findings except that the work is performed using generally accepted methods. 7. , The consultant will format the report according to client Instructions at the beginning of the project,or in the absence of such Instructions, in a format chosen by the consultant and consistent with accepted professional transportation engineering studies. 8. The consultant will produce an objective,professional report,and may not arrive at the findings desired by the client. 9. The client agrees to limit the consultant's liability to the client, because of professional negligent acts, errors, or omissions by the consultant,to the consultant's fee. 10. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof. 11. Where Kunzman Associates, Inc. initiates arbitration proceedings relating to this contract, any resultant fees to process arbitration,such as filing fees and attorney fees,shall be borne by the client. 12. If any term,condition,or provision of this Agreement is declared void,unenforceable, or limited In Its application or effect,such event shall not affect any other provisions hereof and all of the provisions shall remain fully enforceable. 1111 TowN&COUNFRY RoAq Sun 34 ORAmF CALIFmNm 92868 (714)973-8383 W W W.T2AFFIC-ENGINEERCOM St2tBFam1 STATE FARM® PO Box 2368 if �� f / -R ��� Y — DATE OF NOTICE: JAN 09 2023 � Bloomington IL 61702-2368 �Z10 -Z, CODE: 47A AT1 12 A oo05N cross NOTE: PLEASE NOTIFY STATE FARM AT THE CITY OF PALM SPRINGS ADDRESS LISTED AT THE TOP, LEFT CORNER PALM SPRRININGSS CCA 92262-6959 3200 E GCANYON WAY OF THIS PAGE REGARDING ANY CHANGE OF A ADDRESS INFORMATION. ADDITIONAL INSURED'S NOTICE OF COVERAGE State Farm Mutual Automobile Insurance Company 0674-FA41-A NAMED INSURED: POLICY NO: 248 9932-B01-55W COVERAGE: < TERRA NOVA PLANNING & YR/MAKE/MODEL: NONOWNED AUTO BI AND PD LIABILITY b RESEARCH INC VIN/CAMPER: $1 MIL N 42635 MELANIE PL STE 101 AGENT NAME: TIM WOOD 9 PALM DESERT CA 92211-9113 AGENT PHONE: (760)770-0700 o ENDORSEMENT NO: 6028BU POLICY EFFECTIVE 6164DP 6165CS DEC 15 2022 UNTIL TERMINATED m POLICY MESSAGES: This policy shown above supersedes policy# 2489932-55V. g The policy includes a loss payable clause protecting the additional insured's interest in the described car to the extent of the insurance o provided and subject to all policy provisions. The additional insured will be given 20 days notice if the policy is terminated. Until such notice m is provided, it shall be presumed that the required renewal premiums have been paid. The additional insured must notify us within 10 days of 8 any change of interest or ownership coming to their attention. Failure to do so will render this policy null and void. 0 N FRT Z)108 JAN ! 9 2023