Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
A6561 - RBF CONSULTING - ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES
CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES THIS PROFESSIONAL SERVICES AGREE ENT (hereinafter "Agreement") is made and entered into, to be effective this r _ day of 2014, by and between the CITY OF PALM SPRINGS, a California charter city and municipa orporation, (hereinafter referred to as "City") and RBF Consulting (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party' and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need for As-Needed, "On-Call" Environmental Assessment (CEQA) Services for a variety of future private and public sector development applications, (hereinafter the "Project"). B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call" Environmental Assessment (CEQA) Services for a variety of future private and public sector development applications to City pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit 'A" which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2)the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits "B" and `C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1s) the terms of this Agreement; (2nd) the provisions of the Scope of Services (Exhibit "A"); as may be amended from time to time; (Td) the provisions of the City's Request for Proposal (Exhibit "B"); and, (4d') 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 Channes 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: Mike Sutton. 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 Coveraae.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 II 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City' may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, 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 filed, until such action is final. C. The Consultant shall require all non-design-profession sub-contractors, used or sub- contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In additions, Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Regorts.Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional 11 compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue.This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, 12 the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.13, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 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 Lenal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered 13 in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees.No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City 14 and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: 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: RBF Consulting Attention: Mike Sutton, Vice President 74-130 Country Club Dr., Suite 201 Palm Desert, CA 92260-1687 Telephone: (760) 346-7481 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest.This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary.Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement 15 as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. (SIGNATURES ON FOLLOWING PAGE) 16 IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: CITY OF PALM SPRINGS, CA v A" "e By City Clerk City Me Date: l "I Date:/ APPROVED "To FORM: APPROVED BY CITY COUNCIL: Wv By Date: Agreement No. ity ttorney Date: APPROVED BY�CITY COUNCIL CONSULTANT r��� ' ' Name: RBF Consulting 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: 74-130 Country Club Dr., Suite 201 Palm Desert, CA 92260-1687 By: A4 By: Signature (notarized) Signature (notarized) Name: MtCUACL- S,11W Name: Title: v%(.& P4455-oza'�+1 Title: 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Catifomia County of (\p � VeYS( d n on,4t(v 2,2Of � beforefne, S0 �4YPz, lVc�rQrVYbli�ic . —ah y�/J I 11 ue Ymwt 'fltlenrtl,etQ Personally appeared 1 r 'is 1 C{-21 tra,>olel W Sgnwirj who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) fslpA subscribed to the within instrument and acknowledged to me that h%ifett*executed the same in hisll)WrWk authorized capacity(iss),and that by his/i)A A0Nr signatuie(s)on the instrument the person(s), or the entity upon behalf of S. SOLAREZ which the person(s)acted, executed the Instrument Commission # 1975962 zQ Notary Public• California > I certify under PENALTY OF PERJURY under the laws Riverside County of the State of California that the foregoing paragraph Is My Comm.Expires Apr 22,2016' true and corned. WITNESS my h d and official seal. Ram Whry SaNamo Signature sig. n ao hrc OP77ONAL Though the irdrarnegan below is nor tatluW by raw.H may prove vMu&e to parsons relyhrg on rrie dacumenl and could prawt kauddent mmoval and reanadrmmrt of Atus dam to arro0w obaanent. Description of Attached Document Title or Type of Document Document Date: Number of Pages: Sign")Other Than Named Above: Capaclty(fes)Claimed thy Signers) Signer's Name: Signer's Name: 0 Individual ❑Individual ❑ Corporate Officer—Titte(s): 0Corporabs Officer—Title(s): 0 Partner—R fjmaed ❑General ❑Partner—❑ Limited ❑General © Attomey in Fact ❑Attorney in Fact ❑ Trustee Top of thumb new Ij'Ihstee Top of Our*here LI Guardian or Conservator. ❑Gusrdian or Conservator ❑ Other. ❑Other: Signer Is Representing: Signer Is Representing: C2JW hMUaolNanry AwaMbn•B95D An Soro M,PA.Ba24M•fha3,mlh.CR als13&L�•wao.M,tiarmNahurory Item Ma07 RsarMr;CU TU4Ree 7deDA&e6Cr 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 NO[ 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 "All 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 I V 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 httr)://www.Palmsi)rin-gs-ca.gov/index.aspx?pace=85 (or by visiting www.palmspringsca.gov and clicking on Government, then Departments, then Procurement and then open Bids and Proposals). Upon downloading the document it is IMPERATIVE that you contact Cheryl Martin, Procurement Specialist I, via email at Cheryl.Martin(a)palmspringsca.gov or by phone at (760) 322-8373 to officially register for this specific project with your company name, address, phone, fax, contact person and email address. Failure to officially register may result in not receiving addenda to the RFP. Failure to acknowledge addenda to the RFP may render your proposal as non-responsive. SELECTION PROCESS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal(s) best meet the requirements set forth in the RFP document. PRICE IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm(s) will be required to comply with all insurance and license requirements of the City. All expenses associated with the preparation, submission of an RFP proposal to the City, or participation in any presentations, interviews or any other element of the RFP process shall be the sole financial responsibility of the Proposer. Craig L. Gladders, C.P.M. Procurement and Contracting Manager 1 F PALM s U � 1- ' FOflN"P CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS # 15-14 ON-CALL ENVIRONMENTAL ASSESSMENT SERVICES (CEQA) Request for proposals (RFP 15-14), for as needed, on-call, Environmental Assessment Services to the City of Palm Springs, CA will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, THURSDAY, MARCH 27, 2014. It is the responsibility of the Proposer to see that any proposal sent through the mail, or any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of RFP proposals. Telegraphic, telephonic, faxed, emailed or other electronic or media transmission of RFP proposals will not be accepted. Late RFP proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Request for Proposals (under "Obtaining RFP Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We strongiv 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 fine 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 POINTSI: 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 copiesl of both your Technical/Work Proposal and your Cost Proposal by the deadline. All proposals shall be sealed within one package and be clearly marked, 'RFP 15-14, REQUEST FOR PROPOSALS FOR ON-CALL ENVIRONMENTAL CONSULTING (CEQA) SERVICES". Within the sealed proposal package, the Cost Proposal shall be separately sealed from the Qualifications/Work Proposal. Proposals not meeting the above criteria may be found to be non-responsive. Each proposal package must include two separately sealed envelopes: 5 ENVELOPE #1, clearly marked "QualificationsMork Proposal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Your response to the evaluation Criteria A through D as provided below. ENVELOPE #2, clearly marked "Cost Proposal", shall include the following item: • List the hourly rate for all classifications of personnel who may work on a Project for the City of Palm Springs. • List the hourly rate for all classifications of personnel of sub consultants. • List any reimbursable expenses the City may incur. • List any additional costs, such as drive time, that the City may incur in conjunction with the performance. • Do NOT include Attachment "A" in the Cost Proposal envelope. Attachment "A" is to be included in Envelope #1, QualificationsMork Proposal. At a minimum, firms must provide the information identified below. All such information shall be presented in a form that directly corresponds to the numbering scheme identified below. SECTION A: FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND A.1 State your firm's complete name, type of firm (individual, partnership, corporation or other), telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the state the corporation was organized under. A.2. State the name and title of the firm's principal officer with the authority to bind your company in a contractual agreement. A.3 Describe your firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with providing environmental assessment services for public agencies. A.4 List the name, qualifications and availability of the key staff/team members that will be assigned to this project. Provide detailed qualifications of the lead Representative or Project Manager that will be assigned to this project. A.5 Indicate the name of any sub-consultant firms that will be utilized to make up your team. Describe each sub-consultant's background and specific expertise that they bring to this project, SECTION B: UNDERSTANDING CEQA AND NEPA REQUIREMENTS AND PROCESSES B.1 Describe in detail the steps that your firm would follow to provide environmental assessment services, including your work plan process and methodology. B.2 Identify your ability to ensure that projects are completed within your client's budget and the measures taken in successfully completing all phases of a project. B.3 Identify project management tools you propose to use to keep both your own staff on track and the City staff cognizant of current project status. 6 BA Identify an EIR, carried out in a desert environment, for which your firm and the staff proposed for this contract provided environmental assessment services, and describe how you applied your firm's skills and abilities in the following areas: (a) Responsiveness and attentiveness to client needs; (b) Creative ability; (c) Knowledge and understanding of the latest CEQA requirements; (d) Analytical capability; (e) Oral and written communication skills; (f) Interaction with client's organization, i.e., other divisions and personnel (g) Sensitivity to funding constraints SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE CA Provide a minimum of three (3) references for recently completed environmental assessment services for projects of a similar size and scope where the key personnel identified above provided the professional services required. At least two (2) of the references shall be for public/government agency projects, preferably in a desert climate. Provide contact information, including full name and a current phone number, for each project identified. C.2 For the representative successful projects completed, explain what key issues/challenges you faced and how you solved them. Also, please comment on the project budgeting for each. SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM D.1 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 jurisdiction in the Coachella Valley with its proposal. D.2 List all team members with local expertise. Clearly define their role in the overall project. 7 DEADLINE FOR SUBMISSION OF PROPOSALS: All proposals must be received in the City of Palm Springs, Division of Procurement and Contracting office by 3:00 P.M., LOCAL TIME, THURSDAY, MARCH 27, 2014. Proof of receipt before the deadline is a City of Palm Springs, Division of Procurement and Contracting time/date stamp. It is the responsibility of the Proposer to see that any proposal sent through the mail, or by any other method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will be returned to the Proposer unopened. Proposals shall be clearly marked and identified and must be submitted in a sealed package to: City of Palm Springs Division of Procurement and Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig L. Gladders, C.P.M., Procurement& Contracting Manager PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY, AND THEREFORE IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY PROPOSALS ON FRIDAYS (OR WEEKENDS AND HOLIDAYS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A PROPOSAL BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. QUESTIONS?: Proposers, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal. ANY questions, technical or otherwise, pertaining to this request for Request for proposals must be submitted IN WRITING and directed ONLY to: Craig L. Gladdens, 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()oalmsaringsca.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 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. 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 OF VAL/,q S,o � Z N 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 is Yes. However, any changes of sub-consultants during a project must be approved in advance by the City's Director of Planning Services. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement & Contracting Manager DATE: March 6, 2014 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. QF PALM s q • C411t ORN�r 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 specirics at this juncture about any anticipated projects. This is for on-call services for an extended multi-year term. Projects will be assigned to fines 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. t PALM S 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 pan` 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 1,C CONSULTANTS PROPOSAL CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE 22 f J y 4 I f 1 Y YLF 4... j7 - M : Y::;, a�.. -� ,�YL'ro �� a.'. _ "' '�',i�S';d-F`,+''��� � .k+- �S �kd��4 bb� � ~P:�- i ,Rt�. �:•�9cS On-Call Environmental CONSULTING A Company Consulting (CEQA) Services � RFP 1544 1 i I± iJF 6, S ,; .. , r Masicrn at R iF Co g , o: Make the rld a better placvArh lication ' principle of } s sustains evelapment by prA-x p 1 4es ces tat en6nc. , ' ga of life and' to en i Provide struc41re, ply envrro ntal sam"ke§ to r private and p is c ients„in loll, nrngio and global m ets. d as professio ahzing 'ni in pla 'V, design and �struMgn. speci fotvva to "fo� wlth a coii cppor4l and r �� d ourp�el�+es. y F .'fig � T {' • .'r�� 07 ` s d Creiting value by delivering innovative i • sustalliable • • • 'for ilifra5tructureand the environment. ker vF 1 ,� < .. We* Table of Contents Attachment Al Included in Envelope it1, "Qualijrcations/Work Proposal" CoverLetter ...................................................................................................................1 SECTION A FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND...3' A.1 Firm's Background Information......................................................................................3 ' A.2 Principal Officer.............................................................................................................. 3 A.3 Experience...................................................................................................................... 3 EnvironmentalServices...............................................................................................4 Environmental Documentation/Studies..................................................................... 5 Additional Environmental Services.............................................................................5 A.4 Key Staff.......................................................................................................................... 7' ProjectManager...................................................................... .................................. 7 OrganizationChart..................................................................................................._. 7 Key Staff qualifications Matrix...................................................................................g A.5 Subconsultant Support.................................................................................................11 SECTION B UNDERSTANDING CEQA PROCESSES..........................................................................13 B.1 Environmental Assessment Services...........,................................................................ 13 B.2 Quality and Budget Control.......................................................................................... 19 B.3 Communication Plan .................................................................................................... 21 B.4 Desert Environment EIR Example.................................................................................21 SECTION C REFERENCES AND EXPERIENCE.......................................................................................25 CAReferences.................................................................................................................... 25 C.2 Representative Projects................................................................................................ 25 RBF's On-Call Contracts Matrix.................................................................................25 RelevantExperience..................................................................................................27 7 Relevant Projects in a Desert Environment.............................................................. 27 Relevant On-Call Project Experience.........................................................................29 Subconsultant Representative Project Experience................................................... 34 SECTION D LOCAL EXPERTISE DEMONSTRATED ON THE TEAM................................................37 ' D.1 Local Business Documentation..................................................................................... 37 D.2 Local Expertise..............................................................................................................37 ' SECTION E FORMS Addenda Acknowledgements 1 1 Cost Proposal (Provided underseporate cover.) Page 74-130 Country Club or,Suite 201 FBF Palm Desert,CA 92260-1687 760.346.7481 CONSULTINU 760.346.8315 Fax A Z=Company www.rbf.com www.mbakercorp.com ® March 27,2014 Mr.Craig L.Gladders,CPM . Procurement and Contracting Manager City of Palm Springs Procurement and Contracting Department 3200 East Tahquitz Canyon Way Palm Springs,CA 92262 RE: Proposal for On-Call Environmental Consulting(CEQA)Services,RFP 15-14 Dear Mr. Gladders, RBF Consulting(RBF)is pleased to present this proposal to the City of Palm Springs for the On-Call Environmental Consulting Services project. We are proud of our reputation in the Coachella Valley, providing multi-discipline consulting services for completing major development and infrastructure projects over the past several years. RBF ' will build on our past experience to deliver tasks resulting from the On-Call Services in the most efficient way possible. 1 By selecting the RBF Team,the City will be gaining an experienced team of proven professionals that has successfully delivered a number of environmental document projects for the benefit of the valley residents and agencies. Advantages that distinguish the RBF Team are: S' EXpert teailarship. Pro;ect Mar r,Bob Prasse brings MGM than 29 years.of dlv9tue Ynd chat Ing work expetiyn[e in environmentalandlarxf {utrg. broasf d lrldgipesP, 11ag@mentfar:t � lotfierEnvfr%tna vital- Documents,as weilas,s _4C.l9gat4py etlp 'Mr' a AT p�q*tfae Y-to-da!f avatslght of any Tasks resulting from this tlnn lU,gndASljf5Ctvo i 11fie,Cit}6` a paipt;of o5 for the 4kfr8tlon, . Local ICrloWledy$. RBF 11r75 Gaa3pieted r ufneuxs40Y_Ir lelital dE1ltuftnt5 throu0ootthe Coach( to V044,Axle*an excellent understandift pf tMe l't s amd WMA01t49,11AW e * 0l as 1W@ihd a the firontnertYdl and multi- . :agency coordination requln to _ Uy 4sat5itl �R or e�a[dogittrenta$ota• - .. ❖ Specialized my Tedlrtt. To t Serve 4f}aU?U -loba a .team,We Aaveieanne€1 Witt BCR .. Consultingtoprovideailturdlrewto�,.ar1d'alaea4taliftoc+al' ' Our proposal was prepared in compliance with the City's Request for Proposal(RFP),including our cost proposal provided in a separate envelope. This proposal is valid for 120 calendar days from March 27,2014. Additionally, we acknowledge the release of Addenda#1,#2,and#3. ( We look forward to assisting the City in Its mission to provide a cleaner, safer and more sustainable environment i for all its inhabitants. Please contact me at 760/346-7481, or Bob Prasse at 909/974-4918,to discuss any aspect of I this Proposal. Respectfully subnfiqed, Mike Sutton,PE Vice President n .a L1. $m r.1^ J FAi(. r �� ♦ I' 5� � m-Cd nVk nnenn ° - " G j CvrIM Q �( ' ✓.fF S�1fG r a ' 04141 ��« � �yp19 yak 5 •1 � CONSULTING Firm Qualificau'llons. �Y �FdFw� ,:. i ® Y G f� (�j�pY�U allli�y'HUW5145fIUU@I8 ❑lkyNkflStldl� XP5* Section A Firm Qualifications,Project Team,Experience and Background Al FIRMS BACKGROUND INFORMATION RBF Consulting,a company of Michael Baker International(RBF),a California Corporation,will be ■ ■ ■ • the Prime consultant for this contract. All projects Ca NS U LTI NG resulting from this On-Call will be managed from our A Company + ; local Palm Desert office: RBF is proud to have served the City of Palm Springs,and all other cities within the ,;; iCoachella Valley,for over 40 years with engineering >" and planning services for projects of all sizes, With the merger into Michael Baker International in 2011, RBF/Baker has expanded both its capacity and its capabilities. Now over 7,000 professionals strong,the RBF/Baker team provides everything from Planning and Environmental,through Design,Survey,and Construction Management for a wide variety of fields. j These fields include: Public Works,Transportation, Bridge Design, ,g g Surface Water,and Land Development. A.2 PRINCIPAL OFFICER Mike Sutton,PE,is the firm Principal directly in charge of the Palm Desert Office operations. Mr.Sutton has been a resident of the Coachella Valley for over 15 years,and is strongly;vested in its development and success. Mr.Sutton will also serve as Principal In Charge for the Palm ' Springs On-Call Environmental Consulting Services project. Serving in the capacity of Quality Assurance/Quality Control is a supporting Principal Officer, ' Kevin Thomas,CEP. Mr.Thomas brings almost 30 years of environmental documentation and project oversight experience,with extensive focus on Riverside and San Bernardino Counties. A.3 EXPERIENCE ' RBF`s on-call environmental support team provides the City of Palm Springs with some of the top environmental experts in Southern California. The RBF team assembled for this proposal has the ability to provide the City with immediate access to a comprehensive environmental team that will be able to support all aspects of environmental services needed to avoid or minimize potential impacts. 1 ■ . Page 13 I NErmMmentJ .I 1 Conadfit (UA) m ' won RBF clearly has the demonstrated capacity to perform the required services,as stated in the RFP. ' ENVIRONMENTAL SERVICES ' RBF is a recognized leader in the field of environmental analysis and planning within the State of California,providing comprehensive environmental documentation services for a wide ' variety of multi-disciplinary projects. Our award-winning team offers documentation in compliance with environmental laws and regulations including the California Environmental A Quality Act(CEQA),the National Environmental Policy AM(NEPA),Endangered Species Act Y (ESA),the Clean Water Act(CWA),the Clean Air Act(CAA)and other applicable environmental 4 laws. The staff includes certified planners, expert biologists, registered environmental Q assessors, registered traffic engineers,civil engineers(flood control, water/wastewater), Q licensed landscaped architects,and air quality and noise specialists. A partial listing of our areas of expertise follows: n • Agency Permit Processing and Entitlement Services V • Aesthetics/Visual Analysis(including 3D modeling and renderings) • Air Quality Analysis(monitoring,modeling,permitting, conformity analyses) • Biological Resources Assessments/Focused Surveys/ESA compliance #-. * •, Drainage/Flood Control C • Environmental Assessments • Environmental Documents/Notices required by CEQA and NEPA • Feasibility/Due Diligence Studies • Geographic Information Systems(GIS) C • Greenhouse Gas Analysis • Hazardous Materials Investigations(Phase I Environmental Site Assessments) C • Land Use Compatibility • Mitigation Monitoring Programs(Public Resources Code Section 23081.6) C • Noise Analysis(monitoring,modeling, mitigation design) (� • National Pollution Discharge Elimination System(NPDES)processing • Policy Planning(General Plans,Specific Plans,zoning ordinances) • Public Participation Programs(including multi media) • Traffic Impact Studies(including parking,access,TDM,CMP) • Sustainability Principles and Practices C • Utility and Infrastructure Studies • Water/Wastewater Feasibility Studies • Watershed Planning/Water Quality • Wetland Resources(assessment,delineation,mitigation,permitting, processing) �n lnl (l . 4 Page . n n G= (CEQA) M .. _ MIS* • ENVIRONMENTAL DOCUMENTATION/STUDIES Environmental documents prepared at RBF address the full range of environmental and technical issues,with in-house specialists providing technical evaluation for traffic and . transportation,flood control and drainage, air quality,noise, land use, socioeconomics,utilities and services,energy conservation,visual and aesthetic effects,relevant planning, hazardous materials, neighborhood and construction effects, landform modification, agricultural . suitability and many other environmental issue areas. State-of-the-art computer facilities including Computer Aided Drafting and Design (CADD),ARC/INFO,GIS and specially created computer programs are utilized in obtaining the highest level of technical completeness and efficiency. 1 . ADDITIONAL ENVIRONMENTAL SERVICES Air Quality Analysis. RBF is a recognized leaders in air quality modeling and analysis,with expertise in the areas of::1)air quality dispersion modeling;2)construction and operational pollutant modeling;.3)carbon monoxide hotspots modeling;4)odor analysis;and 5) greenhouse gas emissions analysis. The RBF Team has prepared a wide variety of air quality analyses for projects throughout California.Our staff is familiar with Federal,State,and local requirements and thresholds of significance for criteria pollutants.We routinely consult with 1 the U.S.Environmental Protection Agency,South Coast Air Quality Management District ' (SCAQMD),and other air pollution control districts to ensure adequate project-level analysis under existing air quality regulations. Green House Gas Emissions(GHG). RBF is a leader in the field of GHG inventories providing the identification of emission reduction targets,and development and evaluating GHG A reduction measures or strategies. The RBF Team follows the approach described in the ✓ California Air Pollution Control Officers(CAPCOA)CEQA and Climate Change White Paper and the California Air Resources Board (CARB)Scoping Plan in addition to other guidance from agencies such as International Council for Local Environmental Initiatives(ICLEI)and the Climate Registry. The Team also utilizes the emissions protocol prescribed in CARB's Local Government Operations Protocol forthe Quantification and Reporting of Greenhouse Gas Emissions Inventories. These evaluations take into consideration vehicle miles traveled,local transportation plans,and the SCAQMD's Air Quality Management Plan. J Noise Impact Assessments/Analyses. RBF provides a full range of noise impact analyses for public and private sector clients,in accordance with local,state and federal impact assessment criteria. RBF is skilled in utilizing various models. RBF utilizes a Type I sound level meter to conduct ambient noise measurements and construction noise monitoring. f Traffic Analysis. RBF has an extensive Traffic Engineering and Transportation Planning Department. Traffic analysis staff is capable of preparing impact studies ranging from simple housing development projects to regional transportation plans,construction Traffic Management Plans,detour plans, temporary access analyses, and construction haul route studies. I Page 5 ABC � OR-CAD FA Consdfft ( A) Senicin I wrim Phase I Environmental Assessments. Phase I Environmental Assessments evaluate the 1 potential for hazardous materials on a site based upon readily discernible and/or documented 1 present and historic uses of the property. In accordance with ASTM standards,the RBF Team ' can provide a full range of assessments of potentially impacted properties. Regulatory Agency Permits. RBF staff Is certified to perform,and have successfully processed, wetland delineations and jurisdictional determinations that need to meet regulatory ` requirements of the U.S.Army Corps of Engineers(ACOE) [Section 404 Individual and Nationwide Permits],California Department of Fish and Wildlife(CDFW) [1602 Streambed Alteration Agreements]and Regional Water Quality Control Board(RWQCB) [Section 401 ` water quality certification]permits. r� Visual Impact Analysis. RBF provides comprehensive visual impact analysis services for a wide range of large and small-scale projects for public and private sector clients. RBF utilizes the highest quality state of the art technology to meet our clients' needs for various analyses, including CADD(Computer Aided Design and Drafting), CAE(Computer Aided Engineering),a professional full video production facility,and a wide range of IBM and Macintosh software applications for computer animation, illustration,and photograph enhancement. RBF conducts visual impact analyses in conformance with appropriate agency standards including the BLM, BOR,CEC and FHWA. C Biology. The RBF Team will prepare the appropriate biological resources related reports to C support CEQA/NEPA analysis. RBF maintains a highly-trained team of professional biologists with the expertise to perform: • Habitat Assessments C • General Biological Surveys • Focused Sensitive Species Surveys • Jurisdictional Wetland Delineations • Wildlife Corridor Analysis • Regulatory Permitting • Section 7 Consultations. C Our biologists maintain the necessary recovery permits necessary to conduct focused species C surveys for numerous Federal threatened,endangered,and candidate species. RBF's work effort would include both primary and secondary research to establish the baseline biological conditions on the site,to understand,in detail the environmental impacts to C biological resources associated with the proposed project. RBF's team can also identify project alternatives to avoid,minimize, and mitigate potential impacts associated with project. Depending on the physical resources onsite and the number and type of agencies involved,we may recommend early coordination with Responsible and Trustee Agencies,as well as other L public agencies with an interest In the proposed project. Cultural Resources. RBF's Cultural Resources subconsultant has decades of collective experience in the full range of support of clients throughout the United States.This long-term 6 Page n Comkit (aQA) Senica WON • involvement has resulted in thorough knowledge of state and Federal guidelines for cultural . resources management.Our archaeologists,architectural historians, historians, and applied . anthropologists consistently work with clients to ensure compliance with the interrelated requirements of the National Historic Preservation Act(NHPA), NEPA,Archaeological Resources Protection Act(ARPA), Native American Graves Protection and Repatriation Act . (NAGPRA),American Indian Religious Freedom AM(AIRFA),as well as state and local . regulations. A.4 KEY STAFF . The RBF Team is prepared to commit its personnel and its resources to serving the City of Palm Springs by providing On-Call Environmental Services. Our team of professionals is well balanced and experienced in working together on many successful projects. The key personnel assigned to this project have functioned in similar responsible positions and have worked on numerous projects together. PROJECT MANAGER The City of Palm Springs On-Call Environmental Services contract will be managed by Mr.Bob Prasse. Mr.Prasse brings more than 29 years of diverse and challenging work experience in environmental and land planning. His broad experience includes project management for: CEQA/NEPA and other Environmental Documents,as well as,specific plans and planned developments. Mr. Prasse will provide the day-to-day oversight of any Tasks resulting from this On-Call,and will serve as the City's main point of contact for the duration. Following the Project Team's Organization Chart is a matrix providing substantiating information on the RBF Staffs qualifications to provide environmental services to the City. ORGANIZATIONCHART 10 1 Mike Sultan,PE Kevin Thomas,CEP Bob Passe TASK AND TECH NfCAL LEADERS ' CEQA/NEPA SIOLOOICAL RESOURCES Karl Cano Tom McGill,PhD 1 JURISDICTIONAL DELINEATIONS/PERM EmM CULTURAL/PALEONTOLOGICAL RESOURCES Rich Beck,CEP,CPESC,PWS,CEM David Brunzell(BCR Consulting) I WATER QUALITY AIR QUALITY/GNG/NOLSE/VISUAL Anna Lanhn,PE,CPSWQ,CPESC Eddie Tomes,DICE. IAT HYDROLOGY itch Beck,EP,CPESC,REA Jahn McCarthy,PE,CFM I 6rC T Lauri Steve Bein,PE;PGIS Glanfranco Laurie,PE,TE i GEOTECNNICAL SERVICES Alan Pace,PG,CEG(Petra) Page 7 ( 1 Cms� (CEQA) 59Ii KEY STAFF QUALIFICATIONS MATRIX 1 YEARS 1 STAFF NAME I ROLE OF EDUCATION REGISTRATIONS AVAILABILITY 1 EXP Mike Sutton,PE j 19 B.S., 1994,Civil Engineering, 1997,Civil Engineer, 10% 1 Principal In Charge California State Polytechnic CA,57667 ' University, Pomona Kevin Thomas,CEP 29 B.A., 1985, Environmental 1999,Certified 20% ' QA/QC Engineering, University of Environmental a California, Los Angeles Professional, 99040383 Q Bob Prasse )-Project 29 M.S., 1980, Urban and Regional 75% Q Manager Planning,University of Southern California Q B.S., 1978, Public Affairs, II University of Southern California Karl Cano 8 M.A.,2005, Political Science, 45% CEQA/NEPA Lead Cal.State Fullerton, Fullerton,CA B.A.,2002,Political Science,Cal. State Fullerton, Fullerton, CA C Rich Beck,CEP,CPESC, 15 B.A.,2000, Environmental 2011,Professional 30% PWS,CEM j Studies,University of Wetland Scientist, C Jurisdictional California,Santa Cruz 2160 C Delineations, 2008,Watershed Management : 2010,California Rapid Permitting;Hazmat Academy,EPA Assessment Method C 2010,Occupational Certificate in (CRAM)Trained C Ecological Restoration, Professional Saddleback College,CA (Riverine) C 2010,Certified Professional in Erosion and C Sediment Control"', C 5611. 2010,Certified Environmental C Professional, 10050455 2002,Certified C Wetland Delineator r^ (Section 307(e), C Water Resources Development Act of r 1990) C � n 8iPage ` n • G=6t 6cc EW apa* EARS r long . Y . ,. STAFF NAME I ROLE OF EDUCATION REGISTRATIONS AVAILABILITY • EXP Anna Lantin,PE, 24 B.S., 1990,Civil Engineering, 20% . CPSWQ,CPESC ( Colorado State University 1996, Civil Engineer, Water Quality Post Graduate Studies,Colorado CA,55043 State University 2004,Certified Professional in Erosion and Sediment Control, . 2781 2004, Certified Professional in . Storm Water Quality,0079 2010,Qualified SWPPP Developer/Practitio ner, CA,00064 i2010,Construction ' General Permit Trainer of Record (CGP-ToR), CA ✓ Tom McGill,PhD 34 Ph.D.,Genetics, University of 20% Biological Resources California,Santa Barbara j 1978 + M.A., Ecology,University of J California,Santa Barbara 1978 ' B.A.,Biology, Harvard University Cambridge Massachusetts, 1971 1 I I Page 19 T�Lcnp+nY 1 O.-GH E Consdfiit EW) SeMcm YEARS STAFF NAME I ROLE OF EDUCATION REGISTRATIONS AVAILABILITY Exe Eddie Torres,INCE 14 M.S.,2005, Mechanical Institute of Noise 20% Air Quality,GHG, Engineering, University of Control Engineering Noise,Visual Southern California B.S.,2000, Mechanical ` Engineering, University of California, Irvine B.A.,2000, Environmental C Analysis and Design, University of California, Irvine r., . Steve Bein PE,GISP 28 M.S., 1986,'Civil 1989,Civil Engineer, 20% C GIS Engineering/Water CA,43800 Resources,Stanford 2009,Geographic University Information C B.S., 1985, Civil Engineering, Systems University of Colorado Professional Certificate, 1994,Arc/Info, ESRI C Certificate,1995,ArcView {'ftg \l c IF 10iPage C, G=6t 4Cc A) ca A.5 SUBCONSULTANT SUPPORT . RBF calls upon specialists in the industry to provide particular services based on their similar project experience,local knowledge and established relationships with the RBF Team and various entities that will be involved in the project. In this effort, RBF is being supported by Alan Pace, Petra Geotechnical Services,and David Brunzell, BCR Consulting(Cultural Resource Services). We have worked with both Petra and BCR on several projects throughout Southern California and welcome them to our On-Call Team of professionals. Petra Geotechnical(Petra)is a geotechnical and environmental consulting firm founded in . ®GE NN CALB 1975 as Earth Research Associates,and incorporated in 1988 as Petra. Petra's workforce . consists of an interdisciplinary group of professionals including licensed engineers,geologists, environmental scientists,hydrogeologists,technicians,and:administrative support staff. Petra's current geographical focus is throughout southern California.To serve their clients efficiently, Petra has strategically positioned their current office locations within,or no further than,approximately 45 minutes from areas of major development.They maintain five offices serving the counties of Orange,San Diego, Riverside,San Bernardino, Las Angeles,and the Desert Region. BCR Consulting,LLC(BCR Consulting)is made up of a highly qualified team of professionals that provide cultural resource compliance services for publicly BCRCONSULTING LLC and privately funded projects pursuant to the California Environmental Quality Act(CEQA),Section.106:of the National Historic Preservation Act(NHPA), and the National Environmental Policy Act(NEPA). BCR Consulting clients are accustomed to receiving excellent results ahead of schedule and within budget limits. Fields of specialization include Archaeology(both prehistoric and historic),Historic Preservation(History and 3 Architectural History), Paleontology,and Geographic Information Systems(GIS). The BCR Consulting team exceeds the Secretary of the Interior's Professional Qualification Standards for �y cultural resource management. J > Page � 11 i OOCJ LWIUVtl k ( A) Semas 1 1 1 ( ( This page intentionally left blank. ( f C C C C C C C C C C C C 12 Page C tk � � r•- I' 4�r"( - 0 .•�l I�r� F• y I-1: s SSa�l1 �IhIISIIIII r�5�S1S1S1S7 Sn�5nn1�5�1 Ic��II � s1hII ��, , , j�.. t� ,, a OISIS��° LSGS L�JISIS VlSIS�LSISISISISISI�IS � 1S ����15 ��r l: e. C q�,,• t t Ilk r r y{ Alf- 5 b• '�' [a rt�Ytt3 s y t . + r aker r a y 11 OR-CAB &MMMenntJ e d�a 1y/ crtsu Yri Section B D Understanding CEQA Processes B.1 ENVIRONMENTAL ASSESSMENT SERVICES • As a leader in the environmental field, RBF offers an extensive array of services associated with environmental compliance and documentation.RBF provides evaluation for the full range of environmental effects for all types of projects.Our award-winning team offers documentation . in compliance with environmental laws and regulations Including the California Environmental Quality Act(CEQA), National Environmental Policy Act(NEPA),Clean Water Act(CWA), Endangered Species Act, Clean Air Act and other applicable state and federal environmental laws. RBF has prepared over 700 environmental documents on projects including all types of private �- development projects as well as community-wide plans and programs(General Plans, Community Plans,Climate Action Plans, Downtown Revitalization Plans,etc.). RBF environmental analysts have also prepared numerous specific plans,roadway alignment, infrastructure,and zone change EIRs,as well as various special environmental studies for public works projects, In addition,the RBF Team's familiarity with the Coachella Valley coupled with our wide-ranging environmental review experience,are assets that we offer to the City in order to complete the environmental documentation for your projects. 1 Environmental documents prepared at RBF address the full range of environmental and technical issues,with in-house specialists providing technical evaluation for traffic and transportation, flood control and drainage,air quality, noise,land use, socioeconomics, utilities and services,energy conservation,visual * and aesthetic effects,relevant planning, hazardous materials,neighborhood and construction effects, landform modification,agricultural suitability and many other environmental issue areas.State-of-the-art computer facilities including Computer Aided Drafting and Design (CADD),ARC/INFO,and specially created computer programs are can be utilized in obtaining ' the highest level of technical completeness and efficiency. We understand that the goal of the work is to produce high quality environmental reports that meet all state and federal regulations;that the documents thoroughly cover all aspects of each project in a clear and concise manner.To build such documents requires more than just technical expertise and experience with environmental regulations and process;.it requires technical expertise in the kinds of processes involved,the physical environment and in technologies that drive the reasonable range of alternatives. If also requires specialized expertise in areas of particular environmental concern in order to supply the best analysis of potential impacts. This RFP is for the purpose of establishing a list of qualified environmental consultants that would be used in the future by the City when they have specific projects that require I environmental services. Once an actual project surfaces, RBF would develop a work plan, FBF Page 113 O�Cvnpany c schedule and project team tailored to the specific needs of the project.While project approach and requirements would vary,below we have outlined our approach with three basic components common to virtually all projects—project Initiation, information gathering, and management,and meetings and coordination. In addition,we have provided two sample work plans-one for a Mitigated Negative Declaration and one for an Environmental Impact Report— to demonstrate our approach and methodology for projects that would involve this type of environmental documentation. 1. PROJECT INITIATION & SCOPING ` Once a project is assigned,a kick-off meeting would be held between the City,the applicant and:RBF in order to understand the issues at hand.The kick-off meeting also provides an opportunity to identify existing information that is already available.Such information may include prior permit approvals,as-built plans,operation and maintenance plans or past technical studies. In short,the information gathering seeks to lower costs by not having to "recreate the wheel."The kick-off meeting is also an opportunity to discuss the project in greater detail, including the approach and alternatives for the design,construction and/or C operations and maintenance of the proposed project, as well as,time constraints. c The initiation phase of a project is vital to the success of the environmental process and will be a key milestone in order to confirm the parameters of the analysis,the construction, operations,and maintenance requirements,key assumptions,known regulatory conditions, scheduling and overall communications strategy. Prior to the kick-off meeting,the RBF Team will distribute'a kick-off meeting agenda and detailed list of information needs. It is important in the initiation phase to identify key project issues,anticipated mitigation requirements and a strategy for addressing both direct and indirect project impacts.The overall objective of the mitigation strategy would be to develop effective, legal and enforceable measures that are C consistent with City,state,and federal standards, requirements and policies,and supportive of sustainable principles and practices. Based on the project information obtained at the kick-off, the RBF Team will draft a preliminary project description for review and approval by the City. 2. INFORMATION GATHERING A. Collect and Review Existing Data RBF project team members are intimately familiar with the region from extensive past work C within the area as demonstrated in Section C—References and Experience. RBF will collets and review existing data and reports, both published and unpublished to describe the existing conditions and setting of the project site and surrounding areas. B. Field Review and Reconnaissance As a part of the early scoping for the project, the RBF Team will conduct a field study of the site, reviewing existing land use and C environmental conditions,and take site photos to record on-site and surrounding uses. C 14 P a g e r e on Eti Co (CEQA) Semces C. Research and Investigation The RBF Team will obtain and review available data for the project,as well as polity . documentation from the City as well as involved State,and Federal agencies, and other agencies and/or stakeholders which may be affected by the project. In some cases where state . or federal agencies are Involved with permitting or other approvals, upfront meetings may be desirable to better understand agency concerns and requirements.This information,along with environmental data and information available from the City,will become part of the • foundation of the environmental documentation and will be incorporated into the analysis,as deemed appropriate. 3. MEETINGS, MANAGEMENT, AND COORDINATION A. Project Meetings and Coordination To meet schedules for assigned projects,this approach assumes a high level of project Smanagement and coordination of the project team.This assumes on-going calls and coordination with members of the City staff to obtain information,guidance and approval on ® elements of the proposed project as it is being developed and reviewed.This task also includes coordination with City staff to answer any questions or follow upon any items necessary to * obtain for approval of the environmental documentation.On-going project management from a Bob Prasse and others on the RBF Team will occur throughout the process to ensure timely completion of products,coordination of meetings,and discussion of relevant issues or concerns with the City,or other involved agencies as needed. B. Public Meetings and Hearings The RBF Team would assist the City in conducting public meetings and hearings for future environmental documents,depending on the needs of a specific project.These may include scoping meetings to help define project parameters and public hearings in response to regulatory requirements.The RBF Team will assist the City in preparing and conducting meeting presentations that could include,among other things depending on project specifics, outline the project description,the environmental setting,the project objectives,the methodology used for evaluating impacts,a description of the anticipated significant impacts, and proposed mitigation measures. Depending on the nature of a given project and City direction,RBF would develop presentation materials,provide meeting facilitation,prepare meeting notes and provided other types of support as needed. 4. SAMPLE WORKPLANS FOR IS/MND'S (OR NUS) AND EIWS i I S/MN D i Some routine or minor activities may be exempt under CEQA.At the outset of each project RBF staff will assess whether there is an opportunity to qualify a project as Categorical Exemption or Statutory Exemption,which typically is a much simpler and quicker process under CEQA.RBF will document the nature of the project activities and the rationale for the exemption for the City's administrative record.As needed,the RBF Team will prepare an IS/ND or IS/MND to determine whether the project will have a significant effect on the environment. Page 115 t CmsiJ* (CEQA) Suics t Rga t ThefS/MND will contain a description of the project,the project location,and a description of the environmental setting of the proposed project site.The document will include an Initial Study Checklist per CEQA Guidelines Appendix G,as well as brief explanation of the significance determination, based on information obtained from the technical studies provided by the City and from preliminary investigation into local,state and federal plans,policies and regulations. A.Preparation of Administrative Draft IS/ND or IS/MND The RBF Team will prepare the Administrative Draft IS/ND or IS/MND,using a City-approved CEQA checklist.This document will reflect site plans,technical studies prepared for the proposed project,and any additional information gathered during our research and investigation.The Administrative Draft IS/ND or IS/MND will be submitted to the City for review and approval. The environmental topics that would be discussed, in accordance with the CEQA guidelines, would include the following: • Aesthetics • Agricultural and Forestry Resources • Air Quality •, Biological Resources • Cultural Resources • Geology and Soils Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources (' • Noise • Population and Housing •' Public Services and Utilities • Recreation • Transportation/Circulation '. Common mitigation measures to reduce impacts include roadway widenings,signalization of intersections,pre-construction surveys for sensitive species,avoidance or conservation of wetlands and other sensitive habitats, design/construction measures to improve reduce energy use for buildings, remediation of recognize environmental conditions(REC's) including the removal of lead based paint and asbestos-containing materials from older(Pre 1979) !i buildings. RBF will work closely with the City to develop mitigation strategies tailored to project specifics to reduce and minimize potential impacts in the most sustainable, efficient and cost effective manner possible. 16 ) Page ,„ Cmadk ( ` A) . woo . B. Preparation of Draft IS/ND or IS/MND The RBF Team will respond to one consolidated set of comments from the City. Once comments have been made,the RBF Team will submit a"check copy'Draft IS/ND or IS/MND for City review/approval. Final revisions will be made based on any additional comments and the Draft IS/ND or IS/MND will be prepared for publication and transmitted for the 20-day(or 30 days if submitted to the State Clearinghouse) public review period.The RBF Team will also prepare the Notice of Intent(NOI)and post the NOI at the City Clerk's office.The RBF Team will distribute the document according to a mailing list provided by the City with a cover letter. C. Finalization of the IS/ND or IS/MND The RBF Team will strategize with the City for responses and will draft responses to IS/MND comments received during the public review period.The RBF Team will prepare a comprehensive Mitigation Monitoring and Reporting Program (MMRP)for the Final IS/ND or IS/MND.The MMRP shall be prepared In pursuant to Public Resources Code Section 21081.6 and would incorporate both monitoring by the City and reporting by the developer,with subsequent report verification by on-site inspection,if necessary. In addition,the RBF Team will assist City staff in the preparation of staff reports and resolutions,and will prepare and ' post the Notice of Determination with the County Clerk and OPR. ENVIRONMENTAL IMPACT REPORT jIf an IS is prepared and there is a finding that a significant impact would occur with the j proposed project and mitigation measures may not reduce the impacts to a level that is not significant,an Environmental Impact Report(EIR)would be required. An EIR may be prepared directly(without preparation of an IS)where it is clear that project would have potentially significant impacts. The following describes the tasks that need to be completed for an EIR. A. Project Initiation Meeting The RBF primary project team members will meet with City staff to discuss the project. At this meeting, it is assumed that the RBF project team would be provided with a completed Environmental Information Form. B. Initial Study/Notice of Preparation The RBF project team will prepare a Draft IS/Notice of Preparation(NOP)in accordance with Section 15063 and 15082 of the CEQ4 Guidelines. An environmental checklist,which is located in the CEQA Guidelines,will be completed, including the provision of a brief narrative discussion of each environmental topic. Documentation I the 15 will define which issues need to be further addressed in the EIR. Adequate documentation of the project's effects on each environmental issue that does not need further analysis in the EIR will also be provided. The environmental topics that will be discussed in the IS/NOP would include: I • Aesthetics l • Agricultural and Forestry Resources • Air Quality • Biological Resources Page 117 NUS ° � t Comhiq ( A) &aica /( R DN ( • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services and Utilities • Recreation • Transportation/Circulation The Draft IS/NOP will be submitted to the City for review and comment. RBF will revise the Draft IS/NOP based on the comments and submit a Final IS/NOP. After the City provides authorization,RBF will print and distribute the Final IS/NOP to interested agencies and G persons. C. Administrative Draft EIR The RBF project team will prepare the Administrative Draft EIR in accordance with the CEQA Guidelines. RBF will prepare the project description,executive summary,existing conditions, individual and cumulative impacts, mitigation measures,significant unavoidable impacts, alternative analysis,growth inducing impacts, list of preparers,list of agencies and organizations consulted,and,appendices. The environmental topics that may be discussed may include those identified under Task 2 above,although discussion may be focused to issue areas not screened out as less than significant by the IS. A host of technical studies is typically needed to support the analysis in the EIR.These technical studies would be prepared as part of the Administrative Draft EIR and the Draft EIR. The EIR would include a summary of the technical documents prepared for the proposed project. D. Draft EIR RBF will coordinate with the City project coordinator who will assemble comments on,and suggested revisions to,the revised Administrative Draft EIR. RBF assumes one set of unified comments from the City will be provided. RBF will revise the Administrative Draft EIR based on the comments and submit a"proof check' Draft EIR and a draft version of the NOC to the City for review. After the City provides authorization,RBF will print and distribute the Draft EIS to interested agencies and persons. RBF will file the NOC with the county clerk and CPR.This filing will commence a minimum 45-dayperiod for public review. E. Draft Responses to Comments/Findings/MMP RBF will prepare written responses to comments received on the Draft EIR that raise significant environmental issues. The responses to comments will be in accordance with Section 15088 of the CEQA Guidelines. RBF will also prepare draft versions of the MMRP in accordance with W 18 Page �« r P g. Public Resources Code 21081.6, and the written findings as required b Section 15091 of th g e e q Y L , CEQA Guidelines and the Statement of Overriding Considerations in accordance with Section . 15093 of the CEQA Guidelines. The draft versions of these documents will be submitted to the City for review and comment. . F. Final EIR/Notice of Determination . RBF will coordinate with the City's project manager who will assemble comments on, and revisions to,the draft versions of the responses to comments, MMRP, and written findings/statement of overriding considerations. RBF assumes one set of unified comments from the City will be provided. RBF will revise the draft documents and final versions of them to the City for review. After the City provides authorization, RBF will print and distribute the final responses to comments to interested agencies and persons.After project approval, RBF will file the NOD with the county clerk and OPR. B.2 QUALITY AND BUDGET CONTROL The control of budgets,while at the same time maintaining quality control and adhering to 1 project schedules, has never been so important given today's economy.RBF understands that ' public and private revenues have decreased from the recent economic downturn,and prudent stewardship of client resources is a must. RBF's ability to effectively plan and organize a project is supported through the use and implementation of a variety of tools(planning, organization and quality control)and procedures that begin during the proposal J phase.These tools,along with RBF's experience with environmental and regulatory on-call projects lead to on-time and on-budget project deliveries of quality products. A project's cost and schedule benefits from the synergistic relationship among RBF's engineering,regulatory and environmental services.Our cross-trained analysts ensure that a project description Identifies all technical information that is required to effectively implement a project.This not only leads to a comprehensive project description,but it increases consistency between the environmental document and permits and entitlements.This consistency eliminates confusion during the permit process and leads to successful certification and issuance of project permits. RBF utilizes Oracle,which provides detailed cost control reports for project assignments.This system provides reports that are organized by labor accounts and task codes to show each type of deliverable or activity for a project. In addition,a cost system has been integrated which process reports for various levels of accounting functions.The most detailed report identifies man-hour expenditures by task, by labor account,and by discipline. More summary- level reports may be produced which identify man-hour and labor dollar expenditure by 1 discipline.This system can be utilized for any type or size of assignment and not all the system must be employed to obtain the desired results. RBF captures labor costs through weekly timecard entry and posting.Our accounts payable department enters direct expenses on a daily basis(i.e., vendor invoices,sub consultant invoices, employee expense reports).The Project Manager, on a weekly or monthly basis, dependent upon project size,reviews all project costs.The Project Manager determines if all Page 119 •�ma•m ofl Qom c c costs are appropriate for billing and submits a mark-up invoice to the project accountant to prepare a monthly invoice to the client. In order to ensure a high level of quality is attained for work products,the RBF Team will operate under a quality management system.The quality management system is a continuous process used not just at project milestones,but also on a daily basis as work flows from desk to desk,discipline to discipline,and consultant to client. For environmental projects key elements include: • Specific Quality Control Plan • Independent"Over the Shoulder" Review Throughout Environmental/Regulatory Process ! • Overall Project Manager Supported by Permanent Teams • Network Management System/Filing • Open Client Communication Channels • Project Coordination Meetings/Conference Calls • Weekly Personnel Scheduling and Budget Administration • Quality Assurance Program Recognizing the consultant's responsibility for the accuracy and completeness of the analysis and other documents, RBF is dedicated to its established program of strict quality assurance and control.This program assigns specific individuals to,and defines the requirements for quality control activities. a. Review of Deliverable Items to the City. All submittals to the City will meet the project schedule agreed to by the client and will comply with the standards and procedures established by the City for the development of the CEQA checklist and permit applications. Each deliverable item will be developed, checked, revised,and verified through a continuous process prior to submittal.The Project Manager and Task Managers will perform a complete quality control review of the analyses,plans,applications and costs. C b. Quality Assurance, The Project Manager will be responsible for providing an on-going review for quality assurance and quality control. l C. Scheduling Software.. RBF utilizes Microsoft Project for environmental and regulatory. project scheduling. Microsoft Project offers the ability to plan, build,and track tasks associated with each project.Schedules are routinely submitted to the client starting at the proposal phase and throughout the work effort. RBF includes the following key topical areas in each project schedule:task number,task description,task percent complete,start date,end date, and task predecessors when applicable. c c c 20 Page �, r Comking A) Se1ica WON • B.3 COMMUNICATION PLAN . Key to our success is our persistent focus on meeting client objectives, coupled with our commitment to clear and frequent communication . on all aspects of a project to ensure that a mutual understanding of such objectives is maintained throughout the life of a project.We are well aware that objectives,issues and conditions may change as a project progresses—new issues may arise,project characteristics MIWXK may change or other unforeseen events can crop up.Close communications on a regular basis allows project team members to effectively respond to new issues and changing conditions, before they become bigger problems. We understand our role as a service organization and ' the fact that good communication will result in a successful project. Specific ways we will facilitate communication are: ' 0 Meeting Minutes:RBF has implemented a process of recording minutes for formal meetings for all projects that Involve other consultants or agencies. ' 0 Monthly Reports:RBF has developed and implemented a process of monthly email 1 reports for all active task orders.These reports are sent to the Project Manager and ' indicate tasks performed in the current month,planned activities for the following +� month and budget information. Such,information can also be • Filing: RBF maintains an extensive filing system for each of our contracts.All incoming and outgoing correspondence is logged for ease of document retrieval.All deliverables are copied to disk and stored in the files along with a submitted original r copy in word processing and portable document formats. 9 In-House Project Team Meetings/Coordination:The Project Manager will hold regular in-house project team meetings with Task Leaders to discuss staffing needs and project schedule and budget status.These in-house meetings serve as a forum for regular communication within the entire RBF Project Team that fosters development of a cohesive teamwork environment and builds accountability within the Project Team. Project Communication/Documentation:One critical element for a quality project is to carefully document project decisions and direction,and the general project development history. Preparation of clear, concise letters and e-mails, meeting minutes and action item resolutions avoid costly re-direction that could also have an impact on the project schedule. I I BA DESERT ENVIRONMENT EIR EXAMPLE The project we have selected as an example of an EIR carried out in a desert environment is the La Entrada Specific Plan EIR,which was adopted by the City of did& M, Coachella in December 2013. A full description of this WF Page 121 O'�CpMaM 1 O.Z.0 Ellimati t QA) m { weal . . { IF project is provided in Section C of this proposal(See "Relevant Environmental Documentation { Projects in a Desert Environment').Information responsive to the RFP is provided below { (a) Responsiveness and Attentiveness to Client needs { RBF met extremely aggressive schedules to prepare the Specific Plan and supporting { engineering studies,for this 2,200-acre high-profile project in the City of Coachella. RBF was asked by the City to step in to prepare the Final EIR(Draft EIR prepared by another firm). Within a few weeks,starting from scratch, RBF assembled a diverse technical team, reviewed DEIR comment letters,assigned key issues to technical experts,and prepared Responses to Comments, Errata, Mitigation Monitoring Program,and CEQA Findings, all within four weeks of the initial client meeting. The Final EIR was successfully completed in time for Planning Commission and City Council hearings and approvals. EE (b) Creative ability RBF rapidly mobilized a full range of technical experts to address multiple policy and r technical issues identified In DEIR comment letters.Our rapid-response approach was 4 possible due to our expertise,familiarity and experience with large scale projects in a desert environment,and our ability to work quickly together as a team. (c) Knowledge and Understanding of latest CEQA requirements DEIR comments required thorough understanding and response to such issues as Greenhouse Gas Emissions(comment letter from Eugene Wilson),project and cumulative traffic scenarios and mitigation(baseline,fair share,Caltrans highway impacts,mitigation of impacts in other jurisdictions),Native American consultation, CVWD flood control facility sizing and maintenance,seismic hazards, County cumulative C traffic impact mitigation,agricultural land loss, off-site infrastructure,alternatives,and growth-inducing impacts. RBF assisted City staff in preparing all required Final EIR noticing. � I (d) Analytical capability RBF was able to step in and complete the Final EIR in rapid fashion due to our comprehensive in-house technical expertise,which includes air quality,greenhouse gas emissions,noise, visual impacts,flood control, FEMA mapping,water quality,traffic c impact analysis,non-vehicular circulation,landscape architecture, biological resources, regulatory permitting,structural engineering,civil engineering(wet/dry utilities, grading),water/wastewater,Water Supply Assessments, LAFCO requirements, agricultural LESA analysis,hazardous materials,urban design,policy planning, sustainable design(SMART Streets,main street planning), GIS,Media/Web services, public outreach,site planning,and other required studies. RBF only requires subcontracting to a geologist and a cultural resource specialist. (e) oral and written communication skills RBF prepared the Specific Plan in a user-friendly fashion for this complex master- planned development. RBF prepared all final CECA documents, drafting sensitive language for a potential litigious project,for City and applicant review. RBF participated C 22 Page C r Gmulk QN Seni= in the Final EIR hearings providing expert testimony, and routinely prepares hearing presentations. (f) Interaction with client's organization,Le.,other divisions and personnel RBF earned the City and applicant's trust through successfully completing the Final EIR in record time and under difficult conditions,working closely with City planning,City engineering,City Manager,City attorney,outside legal counsel(water supply),and the applicant's team-of engineer,architect,geologist,and attorney. r (g) Sensitivity to funding constraints RBF has provided key technical assistance to the client and City through preparing 1 CECA/NEPA documentation for a federally-funded interchange,as well as strategize on funding and CEQA/NEPA compliance for two Bureau of Reclamation facility crossings. i ffau 1 1 1 ) ) 1 Page 23 R,iilliiillllliC-W Gnadfiq (aQA) ca RBu This page intentionally left blank. C C C C C C C C C C C C C C C C C c R� c 24 Page ABC , C ` Ss i1hR�. . i a:)uauadxH i a . ? t }lz Al �' 'ter�a,o .re;is r ..z 'i 0 EnkOMM&I MQA) Snices Section C References and Experience with Projects of Similar Size and Scope 01 CA REFERENCES Client Contact Phone Number C 131ll9?itrsrts Nick,piigtltrs City of Indio Grant Eklund 760/391-4018 TiNn 14n FstO ,4 County of San Bernardino Carrie Hyke 909/387-4271 Terri Rahhal 909/387-4518 p : C.2 REPRESENTATIVE PROJECTS RBF'S ON-CALL CONTRACTS Our staff is familiar with the City and governing agencies policies, procedures and guidelines ' and understands the importance of open,timely communications with all Stakeholders. The following is a brief sampling of select environmental on-call contracts RBF has provided or has been selected for over the past 10+years: ' Client Corrnwcr MMEFRAME *� Army Corps of Engineers Los ID/IQ Contract-Engineering Support Services 2004 ,r Angeles District/Cornerstone Studios State of California,Office of the Statewide Environmental Services for Courthouses 2010 Courts(sub to CSC/Targhee) ' California,State of,Dept.of On-Call Two Year Retainer Contracts 2005—2007 General Services: 2009-2011 'P" x Caltrans District 12 (Orange On-Call Environmental Services Contracts 1991-1994 County,CA) Caltrans Districts 8(San On-Call Environmental Services Contracts 1991-1994 Bernardino County,CA) pn-uatf i@` k i Cypress,City of Cypress Business Park CEQA Review 20+Years(2010) FBF Page 125 n�c�e•m Gnal6g UEQA) Suica Client CONTRACT TIMEFRAME a Fontana,City of On-Call Environmental and Planning Consulting 2003-200 Q Services 2008-Ong aln , Golden State Water Co On-Call Environmental Services 2008 ngo-Oing Irvine;City of On-Call Services for General Civil Engineering 2001-200d 4 '� . . . Design,Street Landscape Design,Traffic Signal and Traffic Signal Interconnect Design, Bridge Design,' Traffic Engineering Plan Check, Environmental Impact Analysis,and Transportation Services Irvine,City of On-Call Services for General Civil Engineering 2004-2007 Design,Street Landscape Design,Traffic Signal and 2007-2010 Traffic Signal Interconnect Design, Bridge Design, 2010-2013 r+ Survey, Program and Construction Management, Hydrology and Hydraulics Plan Check,Street Improvement Plan Check,Traffic Engineering Plan G Check,Transportation Services, Pavement Rehabilitation Design Services, and Environmental 4 Impact Analysis Metropolitan Water Qistdct. On-Call Environmental Planning Services 2011-2014 n Metropolitan Water District As Needed Environmental Services-3 Years 2011-2014 V Metropolitan Water District As-Needed Environmental Services,Wastewater 2008-2011 and Storm Water(So.CA) Monterey,County of On-Call Planning and Environmental Services 2000 Orange County Parks On-Call Services-Regulatory/Environmental, 2009,2012 Construction Management,Civil Engineering Orange County Resources and On-Call Regulatory Services 2006-2008 !` Development Mgmt.Dept. C Orange County Resources and Devi On-Call Regulatory Consultant - Ongoing Mgmt.Dept. Orange,County of County of Orange On-Call Environmental 2007 2010 Orange,County of County of Orange On-Call Regulatory Permitting 2007-2.01' Orange,County of County of Orange On-Call Regulatory Services 2003-2008 C Pasadena,City of On-Call Environmental Services for Route710 2003 1 G Riverside County Flood Control and On-Call NPDES Services 2009 Water Conservation District Riverside County.Flood Control and On-Call Environmental and Regulatory Services 2009 C Water Conservation District: C Riverside County Flood Control and On-Call Fiscal Year Biological/Environmental 2012-2013 Water Conservation District Services Sacramento,City of On-Call Environmental Services 2007-2010 , C San Diego Department of Parks On-Call Environmental Services 2007-2011 C and Recreation San Diego,County of On-Call Environmental Contracts zoos-row San Jose,City of On-Call Environmental Master Services Agreement 2005 C San Juan Batista,City of On-Call Services Contract for Planning and 1999 Environmental Services n Santa Clara County Fleet and On-call Environmental, Planning and Regulatory 2010-2012 l Facilities Department 261Page %1 ® I ® Q r MSegices . Won ® Client CONTRACT TIMEFRAME 4 0 S 2 4n-Ca nv+Ct t ¢K gI n. e # J4r Ik§ Z Santa Clara,County of(EOA) As-Needed NPDES Permittin Services 2008 o " JrriC9L " 7,771 1 RELEVANT EXPERIENCE iThe RBF Team Is uniquely qualified to provide environmental consulting services under this contract, having completed more than 7S environmental documents in Riverside and San Bernardino Counties. We are recognized as a leader in the field of environmental planning ® throughout California, providing comprehensive planning and design services for a wide variety of multi-disciplinary projects. i RELEVANT ENVIRONMENTAL DOCUMENTATION PROJECTS IN A DESERT ENVIRONMENT In addition to the projects represented below, RBF has been the Environmental Lead on the following projects for private clients: McNaughton Ranch annexation MND;Desert Cities Gateway Auto Mall MND;Gateway North Marketplace MND;and Del Webb Sun City Specific Plan Amendment MND. GARDEN OF CHAMPIONS TENNIS STADIUM COMPLEX Indian Wells, CA 1 Budget.$1,200,000 ?� RBF provided planning,environmental,engineering and construction support services for a 183-acre site which includes the Garden of Champions Tennis Stadium Complex site located within the City of Indian Wells Sphere of Influence, in the County of Riverside. Due to the Client's - tight schedule,the EIR was fast-tracked and entitlements were obtained in eight months,a normal 12-month or longer process for a project of this size. The 61-acre tennis stadium complex includes three main stadiums with combined seating for 27,000 people. Two future hotel and retail/service commercial uses will occupy 36 acres. A 39-acre turf parking area was constructed for major events. A 12-acre future residential area is also planned. Services provided include planning,grading design,street design, pedestrian tunnels, J drainage,water and wastewater design,mapping,traffic and noise analysis,and Environmental Impact Report preparation. - - - — SCLA RAIL SERVICE PROJECT CEQAINEPA COMPLIANCE. Victorville, CA RBF prepared the Environmental Impact Report for a 3,000-acre expansion of the Southern California Logistics Airport(SCLA)Specific Plan to accommodate proposed intermodal and muitimodal rail facilities adjacent to the former George Air Force Base in the City of Victorville. Rail facilities would be complemented by nearly 20 million square feet of general industrial development. Issues analyzed within the EIR included air quality,noise,biological resources,cultural resources,aesthetics, and traffic,among others. RBF also assisted in the preparation of the Environmental Assessment for the project, necessitated by the City's'pursuit of Federal funding. RBF coordinated PBF 1 � Page 127 OnQ (MA) Semces w� extensive Section 7 and Section 106 consultations with Federal agencies and local Native American tribes, in addition to processing the document through the Federal Railroad Administration (FRA). LA ENTRADA SPECIFIC PLAN AND ENVIRONMENTAL DOCUMENTATION L Coachella, CA ( Budget:On-Going The La Entrada Specific Plan is located in the City of Coachella,within the Coachella Valley region of Riverside County. The La Entrada Specific Plan is a _ • I, master planned residential community on 2,200-acres within the City of Coachella and its approved Sphere of Influence. C The plan includes a mix of approximately 7,800 residential C units(on approximately 981-acres); 135-acres of Mixed Use (HighDensity Residential Commercial Public Facilities and C tV other Non-Residential uses);69.8-acres of schools, including three elementary and one middle school;344.7- ` t t m acres of Parks/Recreation uses; Multi-purpose trails; G ~� 112.2-acres of circulation uses(including on-site C interchange grading);and556.9-acres of Open Space. Approval for the two-year project was gained in December,2013 and included the following C approvals: • Environmental Impact Report("EIR") • General Plan Amendment, including a text amendment that added a new land use designation to the General Plan, affecting multiple properties throughout the City • Specific Plan-A regulatory Specific Plan was prepared and approved as part of the initial entitlements,including a sustainability plan C • Subdivision Map-A large,lot/financing Tentative Tract Map was approved as part of the C initial entitlements • Development Agreement-A development agreement is presently in process, lagging behind the initial entitlements C RBF provided the following services for this large master planned community: C • General Plan Amendment preparation and GPA/Zone Change applications C • Specific Plan preparation • Landscape Master Plan including park concept plans • Regulatory services, including jurisdictional delineations,obtaining a no nexus C determination from Army Corps,and permit processing with California Fish and Wildlife • Hydrology • Water Quality C • Water Supply Assessment • Water and Sewer Master Planning • Tentative Tract Map • Circulation Planning and design • Finalization of the Final EIR after the environmental consultant was released from their contract C WASHINGTON STREET WIDENING Indian Wells,La Quinta and Palm Desert, CA J Budget:$300,000 C RBF prepared a Project Study Report(PSR)and preliminary environmental analysis for improvements to three miles of Washington Street from Highway 111 to Country Club Drive. �J The County of Riverside was the lead agency on the project which included the Cities of Indian n 28 Page • MA) Semas w sw Wells, La Quinta,and Palm Desert. The report was completed on an extremely aggressive schedule to meet the submittal deadline for ROTC funding. RBF was subsequently retained by . the County of Riverside to prepare final plans,specifications,and estimates which were successfully submitted in July 1999. The project was advertised for bid and construction was completed early in 2000 in order to facilitate the Garden of Champions international tennis . event schedule for Spring of 2000. RBF's Landscape Architects prepared Landscape Concept Plans for a three-mile segment of Washington Street. In addition, RBF prepared plans, . specifications,and estimates for installation of landscaping,irrigation,and decorative lighting. . Items of work included desert plants,boulders,river cobble, decomposed granite,and drip irrigation. DATE PALM DRIVE BRIDGE OVER THE WHITEWATER RIVER Cathedral City, CA / Budget:$1,171,451 RBF prepared the Delineation of Jurisdictional Waters and Natural Environment Study—Minimal Impact(NES-MI)for the Date Palm Drive Over the Whitewater River Project, located in the City of Cathedral City, Riverside County. In addition, RBF Regulatory Staff is currently processing resources agency permits from the U.S.Army Corps of Engineers(Nationwide Permit No. 14 Linear Transportation Projects), California Department of Fish and Game(1602 Streambed Alteration Agreement),and the Regional Water Quality Control Board(Section 401 Water Quality Certification). The Date Palm Drive Bridge is a four-lane bridge approximately 757 feet long and 56 feet wide and is functionally classified as an urban minor arterial. Due to structural and operation deficiencies,the applicant has proposed to widen and retrofit the existing Date Palm Drive Bridge. To preserve and expand the service life of the existing bridge,the project is proposing to:rehabilitate the existing bridge deck;widen the bridge width from four to six lanes;replace deficient portions of the existing structure;and include highway safety measures,such as adding sidewalks, matching medians,railings and approaches,which will enhance highway safety. RELEVANT ON-CALL PROJECT EXPERIENCE A sampling of projects prepared for select on-call contracts are provided below. J CAMBRIA COMMUNITY SERVICES DISTRICT, ON-CALL ENVIRONMENTAL AND 1 PLANNING SERVICES CONTRACT J Cambria CA ( Budget: Various Fees For over 20 years, RBF has served as on-call environmental consultant to the Cambria Community Services District(CCSD)for various water,wastewater,and planning studies.The projects include the Wastewater Treatment Plant Upgrade EIR,a Groundwater Reclamation/Recharge EIR, a long term water supply project analysis and an EIR in the mid- 1990's for a Seawater Desalination Facility. Each study required extensive facility analysis and determination of impacts with regard to community and growth inducing impacts to the north coast region.Since 2001,studies have included a Categorical Exemption for an emergency sewer line relocation along Santa Rosa Creek,the Santa Rosa Creek Trail and Restoration Project Mitigated Negative Declaration (MND),the Crosstown Trail MND,the West Ranch Water Pipeline MND,the Pine Knolls Water Tank Replacement MND and the Stuart Street j Water Tank MND. RBF recently completed a Residential Buiidout Reduction Study which involves extensive review of resources,infrastructure and service systems to determine reductions in buildout estimates. In September 2008, RBF completed the Water Master Plan I , ,, Page 129 0A Enimwntj > t t met (aQA) Serica t Kati Program EIR,which was certified by the CCSD Board of Directors.The EIR identified a desalination facility as a future component that would bring a reliable water source to G Cambria. GOLDEN STATE WATER COMPANY, ON-CALL SERVICE CONTRACT /1 Southern California / Budget: Various Fees V RBF has provided Golden State Water Company(GSWC)with a variety of civil engineering, design, and environmental services under on-call and project-specific contracts. In addition to Q construction management and in-house engineering staff support, RBF has provided a wide range of CEQA/NEPA compliance and regulatory permitting services,which included the Q following: Q • Phase I Environmental Site Assessment: RBF provided a quick response prior to site G acquisition,followed up by a formal ASTM report. • Peer Review: RBF assisted GSWC staff in reviewing and updating prior CEQA documents. r • Bear Valley Reservoir: RBF prepared an IS/MND for two new steel reservoir tanks totaling, �V1 1.75 MG in the City of Barstow,CA. G • Emerald Reservoir: RBF prepared an IS/MND for the construction of a 500,000 gallon a water reservoir in the high desert community of Lucerne Valley. n • Linnet Reservoir: RBF prepared an IS/MND for the construction of a 0.50 million gallon nV reservoir and approximately 1,820 LF of 12-inch transmission main in the unincorporated C Wrightwood area of San Bernardino County,adjacent to the National Forest. The project required biological and cultural resources surveys, and assistance in resolving County a Conditional Use Permit authority. C • Navajo Reservoir: RBF prepared an 1S/MND to replace an existing 0.04 million gallon water C reservoir with a larger 0.33 million gallon reservoir in the unincorporated Morongo Valley area of San Bernardino County. RBF also provided biological and cultural resources surveys,and assistance in resolving County CUP authority. C • Wilson Well: RBF prepared an IS/MND to construct new potable water facility/well C designed to pump and treat approximately 1,500-2,000 gallons per minute of water into the Placentia System. The well will be housed in 144 SF wellhouse building designed to blend in with the surrounding residential community. RBF will also be processing a C Conditional Use Permit through the City of Placentia for the project. CITY OF FONTANA, ON-CALL ENVIRONMENTAL AND PLANNING SERVICES. C CONTRACT Fontana, CA J Budget: Various Fees RBF provided on-call environmental and planning consulting services,including California Environmental Quality Act(CEQA)and National Environmental Policy Act(NEPA)compliance for residential, industrial, commercial, institutional,and infrastructure projects.Projects included general plan updates;specific plans;community plans;zone changes;annexations; , sewer,storm drain, street widening,and other infrastructure related projects; and Phase I C environmental studies. STATE OF CALIFORNIA RESD ON-CALL ENVIRONMENTAL SERVICES California j Budget:Various Fees RBF has provided the State of California Real Estate Services Division(RESD), both Professional Services Branch(PSB)and Project Management Branch(PMB),with a variety of civil engineering,design,and environmental services for over 15 years. In addition to various infrastructure-related studies for PMB,RBF has provided various CEQA/NEPA compliance and �l 30 Page �� � I On CCU ( A) Sellices .. . .. Was 1 regulatory permitting services through two on-call environmental services contracts as well as separately awarded contracts. Projects have included the following: • Courthouse Replacement Project IS/MND,4th Appellate District, Division Three,Santa Ana, CA-RBF prepared the Initial Study/Mitigated Negative Declaration(IS/MND)for a two- acre,three level courthouse facility,including evaluation of several alternative site plans, and assisting RESD in resolving various design issues with City staff. • Eldorado National Forest Telecommunications Project CE/CE, Eldorado National Forest,CA RBF provided a variety of environmental and technical assistance to RESD for the construction of microwave communication facilities on top of three hills in the Eldorado National Forest,which required Special Use Permits, Communication Site Plans and a Forest Plan Amendment from the US Forest Service(USES).The project was of critical importance to the State(including Caltrans and CHID)and USFS to allow continued emergency communications in the area. • California Army National Guard (CANE)IS/EA,Organizational Maintenance Workshop ft4, Riverside,CA-RBF prepared an IS/EA fora new Organizational Maintenance Workshop, and worked closely with RESD and CANG staff to develop an improved format for the joint NEPA/CEQA document. • Ironwood State Prison-Erosion Control Project, Blythe, CA-RBF assisted RESD with ' environmental documentation and regulatory agency permitting for the Ironwood State Prison erosion control project,with the California Department of Corrections as the CEQA lead agency. GARNET STREET BRIDGE REPLACEMENT, 3 YEAR ON-CALL SERVICE CONTRACT San Bernardino County, CA / Budget.,$602,905 RBF is working closely with Caltrans Local Assistance and the County of San Bernardino to comply with federal requirements required as a grantee of FHWA's Highway Bridge Replacement and Rehabilitation(HBRR)Program.The County of San Bernardino intends to replace the bridge with a new state-of-the-art bridge that will accommodate existing traffic volumes. The width of the existing bridge is approximately 17 feet 10 inches wide(rail-to-rail) including an approximately 16 foot 10 inch travel way.The existing bridge is 159 feet long with ' two abatement and one center pier supporting the bridge.The proposed project would be \ approximately 52 feet wide and would include the abatement and piers,with a wider travel J way to accommodate modern vehicles that are wider than older models.All existing pipelines and utilities will be relocated as necessary. RBF is managing the preparation of the wetland delineation,permitting and compliance of the environmental documents that were previously prepared for conformity and approval with Caltrans Local Assistance,which are anticipated to support a joint Initial Study/Categorical Exclusion(IS/CE). COUNTY Of SAN DIEGO, ON-CALL ENVIRONMENTAL AND PLANNING SERVICES CONTRACT San Diego County, CA / Budget:Various Fees REF is providing the County of San Diego Department of General Services with land use and environmental planning,civil engineering design and stormwater management services related to new construction and improvement to County facilities. As extension of staff under a three-year on-call contract, RBF personnel have performed due diligence and feasibility studies;environmental technical studies and documentation;civil and stormwater design; coordination with other County departments and other local jurisdictions;and coordination with regulatory agencies, including the U.S. Fish and Wildlife Department, and the Regional Water Quality Control Board. Task orders under this contract include: I Page 131 OhCA EnimawtJ de e� GnadfingOQA) Smica t • Lincoln Acres Community Center: (Budget: $80,000) Provided environmental services in support of a Major Use Permit for the expansion and permitting of the Lincoln Acres Community Center. The project proposed expanding the facility by adding an adjacent parcel and constructing anew,expanded library,park and community center. RBF performed surveying,traffic impact assessment and parking evaluation,hydrology review/ drainage study,site design and landscape concept plan, Phase I Environmental Site Assessment and a Storm Water Management Plan(SWMP). • Ramona Library: (Budget:$43,000) Completed environmental analysis for a 20,000 square foot library and 3,660 square foot community center on a 1.88-acre site. RBF prepared an initial study,coordinated technical reports and completed a Mitigated Negative Declaration (MND)environmental document. Issues addressed in the MND included traffic, noise and biological resources. RBF also evaluated surface water quality impacts and designed Low Impact Development(LID)measures. • Imperial Beach Library: Conducted traffic and parking assessments as well as a historic C constraints analysis for the proposed expansion/new construction of the County Library in Imperial Beach. The effort supported potential expansion of the existing 5,000 square foot library facility to 14,000 square feet and sought to determine the amount of new parking C required,investigate ways to provide additional spaces,plus evaluate potential traffic impacts and mitigation measures. • Pine Valley Sheriff Station: Provided a driveway sight distance assessment,coordinated C groundwater and septic testing for design and permitting of a septic sewage system and C provided technical studies for proposed construction of a 10-employee sheriffs station on one-acre of a four-acre park site in Pine Valley. RBF prepared biological,air quality and noise Impact studies;a hydrology study and SWMP;and is preparing an Initial Study/ C Environmental Checklist. • Alpine Library: Assisted the County with preparation of environmental technical studies for a new 9,400 square foot Library in Alpine, including a traffic analysis,biological C resources assessment,air quality/greenhouse gas emissions study and a stormwater C management/water quality assessment. • Juvenile Hall Parking Lot: Provided civil engineering design and stormwater management C services for a feasibility study and improvements to the County Juvenile Hall facility parking C lot. This included research and site review, preparation of grading and drainage plans, calculation of bio-swale sizing options and storm drain requirements for conveyance of C runoff,and proposing typical pavement section based on design standards. RBF also C reviewed lighting requirements and determined light pole locations;value engineered the C overall design concept;presented feasibility findings;and developed final plans, specifications and cost estimates. C • Collier County Park Parking Lot: Provided topographic survey,civil engineering design, stormwater management services and construction staking for the Collier County Park parking lot expansion in Ramona. The expansion and improvements consisted of grading C and drainage plans,design of flow through planter area/bio-swale to treat runoff and preparation of a structural plan for above-ground light pole foundation to accommodate l selected light pole/fixture. C • Proposition 50 Low Impact Development(LID): Market Street and University Avenue Pilot C Projects: Provided planning and final design of LID measures to be constructed at the C County General Services Family Resource Center on Market Street and at the County Healthcare facility on University Avenue. Improvements consisted of removal of existing C parking areas,construction of permeable asphalt parking,construction of vegetated swales, 32 Page \ l 0) MA) gaiceg bio-retention facilities and water quality monitoring stations. The work was completed as . a pilot project to implement overall water quality improvement measures associated with discharge from County facilities within the Chollas Creek watershed. • County Firing Range at Miramar Training Center: Assisted in development of an Environmental Management Plan that considers the operation,maintenance and environmental protection of the Miramar Training Facility and leased environs. Work involved identifying operational and environmental issues, reviewing and analyzing existing data,and conducting a one-day planning needs assessment meeting with range control personnel and end users. RBF identified potential environmental circumstances that require management,such as accumulation of lead in soils and range design issues that impact run-off. Additionally,firm personnel identified and developed appropriate Best Management Practices. CITY OF SAN DIEGO. DEPARTMENT OF PARKS AND RECREATION, ON-CALL SERVICE ® CONTRACT Son Diego, CA / Budget: Various Fees RBF was responsible for the oversight, review and coordination of in-house and sub-consultant tasks.Individual task orders include projects with specialized needs related to wetland/riparian mitigation, restoration,biological and permit constraints, and landscape architecture. RBF has worked with the City on the preparation of environmental documents and permits for the appropriate environmental process.Tasks orders included: • North Chollas Community Park:The biological services for North Chollas Community Park have included biological field surveys focusing on vegetation communities and botanical resources,development of a conceptual restoration plan,a wetland delineation based on the currently accepted U.S.Army Corps for Engineers 1989 Wetland Delineation Manual, and preparation of a biological resources map and technical report according to City 1 requirements. �✓ • Mission Valley Preserve Habitat Enhancement Programs(HEP):RBF assisted the City of San Diego Engineering and Capital Projects Architectural Engineering and Parks Division with implementation of a portion of the San Diego River Invasive/Exotic/Weed Eradication l Master Plan.The project area is a four-acre parcel located east of Interstate 5 and south of ! the San Diego River in Mission Valley. RBF landscape architects worked with a biologist to create a restoration program;restoration master plan;and final plans,specifications and estimates to complete the project.The restoration program Includes exotic plant removal, contour grading,installation of a temporary irrigation system,weed eradication,installation of native riparian plants and post construction maintenance and monitoring. • Play Area Upgrades at Martin Luther King Jr.Community Park:RBF provided landscape architectural services to the City of San Diego Architectural Engineering and Parks Division for an improved play area for children ages two through 12.Our team developed plans for the removal of existing and installation of new play equipment.To comply with state and federal safety and accessibility guidelines,we Improved the existing disabled parking and developed accessible upgrades to the play area,surrounding picnic area, pedestrian walkway and parking lot,as well as disabled access signage. RBF prepared drainage studies, construction plans and specifications,cost estimates and storm water pollution prevention plans.Our team worked with the local recreation council and community and coordinated with City staff for plan approvals from the Park and Recreation advisory committees and environmental permit review by the City's Development Services Department. I I Page 133 a�mmwm t Gnu Eftimmmi Camulk A) Swami WIM SUBCONSULTANT REPRFSFNTATNE PROJECT EXPERIENCE The following descriptions represent select project summaries for cultural resources assessments and inventories,evaluations and excavations,and monitoring projects. SOLAR I BLM QUALITY CONTROL PROJECT, SOLAR I AND SOLAR 11 DEVELOPMENTS Mojave Desert,San Bernardino County, CA During this project, BCR Consulting personnel acted as Bureau of Land Management liaison to ensure quality control in re-recording sites for survey results presented during a previous effort (, initiated by another firm in the Mojave Desert. Methods were implemented to ensure C thorough recordation per BLM standards pursuant to NHPA Section 106. CULTURAL RESOURCES ASSESSMENT AND NATIONAL REGISTER OF HISTORIC (' PLACES (NRHP) EVALUATIONS FOR HABITAT CONSERVATION PLAN OF 100ACRES C FOR NORTH PIT EXPANSION San Bernardino County, CA C During this project, BCR Consulting completed the assessment of an Area of Potential Effect (APE)consisting of 100 acres. Extensive land use research and intensive field survey revealed C four historic archaeological sites and one isolated artifact.These were extensively recorded G and included the remnants of a historic farm and associated features,and contemporaneous refuse scatters.These resources were evaluated pursuant to NHPA Section 106,per United States Fish and Wildlife Service(USFWS) requirements. C ARCHAEOLOGICAL ASSESSMENT REPORT OF THE SOUTHERN CALIFORNIA EDISON C SAN GORGONIO HYDROELECTRIC PROJECT DECOMMISSIONING, SAN BERNARDINO C NATIONAL FOREST, FRONT COUNTRY DISTRICT San Bernardino County,CA C During this project, BCR Consulting personnel surveyed and completed resource recordation and the technical report for eight linear miles of a historic concrete and wood plank flume in the San Bernardino National Forest. Five historic resources were recorded for which mitigation measures were prepared.The report was completed pursuant to NHPA Section 106 under a C United States Department of Agriculture San Bernardino National Forest Special Use Permit, Authorization I.D.SGDHR01. C CULTURAL RESOURCES ASSESSMENT OF THE MOUNTAIN SPRINGS PROJECT San Bernardino County, CA During this project BCR Consulting completed the assessment of approximately 84 acres in the C Helendale Community of San Bernardino County.An archaeological records search,field survey,paleontological overview, and Native American Consultation were completed.No cultural resources were recorded within the subject property,and the report was successfully C completed pursuant to CEQA,according.to County standards. CULTURAL RESOURCES ASSESSMENT OF THE SENECA SOLAR PROJECT C San Bernardino County,CA During this project BCR Consulting completed the assessment of approximately 70 acres near Victorville,in San Bernardino County.An archaeological records search,field survey, C paleontological overview, and Native American Consultation were completed.One isolated projectile point was recorded during the project,and the report was successfully completed pursuant to CEQA,according to County standards. 34 Page ,�illlllllllllllllllC n �1 r i i cp (CFQM senices CULTURAL RESOURCES ASSESSMENT OF THE PIPELINE AVENUE RESIDENTIAL i PROJECT San Bernardino County, CA iDuring this project BCR Consulting completed the assessment of approximately 6.86 acres adjacent to Chino,in San Bernardino County.An archaeological records search,extensive land use history research,field survey, historic resource evaluations of 12 historic-period buildings, ipaleontological overview,and Native American Consultation were completed.The report was isuccessfully completed pursuant to CEQA,according to County standards. DRAFT HISTORIC PROPERTY SURVEY REPORT FOR THE CAJALCO ROAD i INTERCHANGE PROJECT Corona,Riverside County CA i During this project, BCR Consulting Principal David Brunzell managed the assessment of an Area of Potential Effect consisting of approximately 4 acres for California Department of i Transportation(CalTrans),District 8. Mr. Brunzell also provided significant assistance for Native American Consultation.Entities involved in the process included local CalTrans,Federal iHighways Administration, the Native American Heritage Commission,and the Riverside County iTransportation Commission. ARCHAEOLOGICAL EXCAVATIONS FOR THE RITZ PROJECT Grand Terrace,Riverside County, C4 During this project,BCR Consulting Principal David Brunzell prepared a research design and 9 managed an excavation project at a historic archaeological site within the project boundaries. * The effort consisted of shovel test pits that were excavated within site boundaries to assess J the vertical and horizontal extent of the site.The excavation took place in order to determine site eligibility for CRHR under CEQA. Petra Geotechnical Services has been involved in the growth and development of the Coachella Valley for several years, contributing their services to the following local projects: 3 • Lomas Del Sol EIR—2400-Acre Master Planned Community. Coachella California • Desert Lakes EIR—2400—Master Planned Community, Coachella California • Bfixseth Properties EIR-640-Acre Private Residence, Riverside County • Trovetine Point Landfill Closure Evaluation,-5,000-Acre Master-Planned Community Riverside County • Mostercraft Homes-Calimeso Springs,Preliminary Geotechnical Investigation and grading observation and testing. • Careage Assisted Living Project-Preliminary geotechnical investigation—Banning • College of the Desert-Preliminary Geotechnical investigation—East valley Campus Riverside County • indioWaterAuthority—GroundwaterRechargeinvestigation • City of Coachella—Enterprise Way Extension- Geotechnical Investigation • Imperial Irrigation District-Substation Expansion—El Centro and Dixieland—Imperial County ) j I Page 35 I cmulfitQm semces1 1 1 1 Q This page intentionally left blank. Q Q C C ' C C C C C C C C C C C 36 Page n n pALAI YF Ww y J^ } IY. b r aker I � i QCC AD Sffim . _ w sN • Section D Local Expertise Demonstrated on the Team D.1 LOCAL BUSINESS RBF's Coachella Valley office was established in 1986 with the acquisition of the firm Charles ® Haver&Associates located in the City of Palm Desert. The office is fully staffed and currently provides professional services for both public agency and private sector clients.the firm utilizes its in depth knowledge of local issues and conditions combined with the strengthened and extended service available through the numerous offices to provide a comprehensive 31 approach to community planning, public works engineering and land development in the +� Coachella Valley Region. City of Palm Desert 73510 Fred Waring Drive,Palm Deaen,CA 92280 !, (700)340-0611 CERTIFICATE NOT TRANSFERA13LC SUSUIESS NAME: 'AM'AM7 1Fg12CO LILTING gg 9USINMUCATM: 7413000 RYgCLUB DSRE1201ES PLMD 0UP=$OWNER . . R B P CONSULTING 1545 n-0000169 _ R B $�ppgQXgt ING prq IRVINS CA 619-7057 1214 r�ia Pawn °wdnaW M+« Mna"'�° D.2 LOCAL EXPERTISE STAFF NAME ROLE LOCAL DESERT EXP EXP s� ' ) Kevin Thomas,CEP Quality Assurance/Quality Control X X e Reports independently to the Principal In Charge e Monitors all project activities for compliance l Page 137 A�lliliilliiiiiiiC.11 On Envamwnft� UQA) Seri ' STAFF NAME ROLE LOCAL DESERT EXP EXP V Bob Prasse Project Manager X X • Prepares Project Scope and Budget • Develops strategy/approach • Primary Client Interface • Primary subconsultant Interface • Drives project schedule;direction and focus • Determines resource requirements Karl Cano CEQA/NEPA Lead X X • Day-to-day management of specific portion of scope • Works with PM to drive project direction and f focus • Subconsultant Interface • Directs support staff Rich:Beck,CEP,CPESC, Jurisdictional Delineations,Permitting,Hazmat. X X C PWS,CEM • Directly responsible to PM for all jurisdictional delineations,permitting,and hazmat services. Anna Lantin,PE, Water Quality X X C CPSWQ,CPESC • Directly responsible to PM for all water quality services. Gianfranco Uurie,PE, Traffic X X TE • Directly responsible to PM for all traffic services. C Tom McGill, PhD Biological Resources X X • Directly responsible to PM for all habitat C conservation and survey services. David Brunzell Cultural Resources X X • Directly responsible to PM for all cultural/ C paleontological services. C Eddie Torres,INCE Air Quality,GHG,Noise,Visual X X • Directly responsible to PM for all reports necessary for air quality,greenhouse gas, noise and visual. John McCarthy,PE,CFM Hydrology X X • Directly responsible to PM for all analysis and reports pertaining to surface water hydrology. Steve Bein,PE,GISP GIs X X L GIs • Directly responsible to PM for all data coordination and research. Alan Pace,PG,CIEG Geotechnical X X • Directly responsible to PM for all soils C analysis and reports. 38 Page �, qy w r qq f`ti f1W � 41 d_ul- 41s qp '•X ` ' air �, - st �: CCoft%j MA) Seim xpvm Section E Forms - Addenda Acknowledgements E.1 ADDENDUM 1 A00eNMNAACKNOWUMGMENr PWpoaer Fine H .- RBF C Ling AWAOW 31 Rate_ 3/24/14 AesOawNO�waat of ft@40 of Addwml= / r aeg i-r Oy awQ bafedl Ya aelrMwrO�wewt DWI pw MOw u ar On Ow � Oe�M A/Owde aw On bd bn of IdYpMMW A. FOMa b aebaaurdp Gft AdOmOMa MW Maw0 in low aar a Orr?do$="00049epow"& E.2 ADDENDUM 2 ADCM90X Y ACKAMLEDGMEMr: Prgxp f MM RBF Con /IAOAo etl S OaW. 3 24 14 ASlwowrd ewt of ICeOe+t of Addenda- 2 r �M by INPA"Md OWN" fM yOM' aVaalMal, of you MW a110 aeuvpa of I110 AddWft W 00 rage!a1 AbIGUMM A. FOMM b admoubdp*ft Aditnd O MW rav I In yawmba"N"de "0004"pa wn- E.3 ADDENDUM 3 AOOENMM ACKNOWlEDGWMr IMopww RM mm: RBF C s ng MOhotb:a0 SWumn: _ Die= 3/24/14 AdWOWratavat of MOW Of uddndm 3 r MqW"by spftf and bl*Mq so Scam"v pud va ym saber or you a w are acbmwbdp to Add aaa oa Qe l i ll m ar AdWbWent A- F.OMa b be Addwm9M wny malt 10 YOW OabmOd MW dNGM aoafaa WWft. f A- v 4t w 44 Y it Camarillo Ontario ..; 505I Verdugo Way, Suite 300 3300 East Guasti Ro6d, Some I00 Camarillo, CA 930I2 Ontario, CA 9176I ' 1 ' Phone: 805-383.3373 Phone: 909.974.4000 5 4 Fax: 805.383--337I ' 16 1 4 Fax. 909.974-4004 S bad Palm Desert 5 •Aveni ina Scutt 74-I30 Country rc b Drive, Suite d, Palm.Desert, 22,0 .. Ph 7 93 Phone: 7 #34 I .Y F 716,� Fg c 7GD�3 -y r 4 •.;: N�4725 San Diego-AI r y�way Glairiont Mesa 6oulena 00 vtne, Ch IS-,2027 "�` *,,--San ViW, CA 92FI24 � Phone;-9 9.472 350f Phort 58-GI4-5000 Fax4LJ$ r. k °rx* 4 #. F 58-6I4-500I Los Angeles 10 'W to 80I Sough Gran Cen I00 Los Angeles, C. ' '7Fj C A 925 r Phone 2i3 25 y3S9 b e: 5I 67 Ie � 5I- z 7» . iz Vj .� Creating value delivering I and % I CONSULTINGble solutions CcmpanV for infrastructure and the environment. M ' i b F 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 RBFHOURLY RATE SCHEDULE — City of Palm Springs CONSULTING On-Call Environmental Consulting (CEQA) Services, RFP 15-14 A=11111 Company PERSONNEL $1Hr SeniorPrincipal.........................................................................................................................................$275.00 Principal.......................................................................................................................................................250.00 ProjectDirector............................................................................................................................................225.00 ProgramManager........................................................................................................................................215.00 SeniorProject Manager...............................................................................................................................200.00 ProjectManager..........................................................................................................................................195.00 TechnicalManager......................................................................................................................................165.00 SeniorPlanner.............................................................................................................................................168.00 SeniorGIS Analyst......................................................................................................................................154.00 ProjectEngineer..........................................................................................................................................152.00 ProjectPlanner............................................................................................................................................162.00 EnvironmentalSpecialist.............................................................................................................................142.00 GISAnalyst..................................................................................................................................................126.00 Designer/Planner.........................................................................................................................................122.00 ProjectCoordinator............................................._.......................................................................................113.00 GraphicArtist....................._........................................................................................................................100.00 Environmental Analyst/Staff Planner...........................................................................................................100.00 AssistantEngineer/Planner...........................................................................................................................96.00 PermitProcessor.................................................:.........................................................................................85.00 EngineeringAid/Planning Aid........................................................................................................................77.00 OfficeSupport/Clerical..................................................................................................................................65.00 Note: Blueprin ing,reproduction,messenger service and other direct expenses will be charged as an additional cost plus 15%. A Sub-consultant Management Fee of fdteenyerc rnt(15%)will be added to the direct cost of all sub-consultant services to provide for the cost of administration,sub- consultant consultation and Insurance. Vehicle mlleage wily be charged as an additional cost at the IRS approved rate. HOURLY RATE SCHEDULE — City of Palm Springs On-Call Environmental Consulting (CEQA) GEOTECHNICA0 Services, RFP 15-14 Professional Services (Engineers, Geologists Environmental Scientists) $/Hr. Senior Principal(Review and Consultation)................................................................................................$210.00 Principal..........................................:.............................................................................................................190.00 SeniorAssociate...........................................................................................................................................175.00 Associate......................................................................................................................................................165.00 SeniorProject...............................................................................................................................................155.00 Project..........................................................................................................................................................135.00 SeniorStaff...................................................................................................................................................125.00 Staff..................................................._.........................................................................................................105.00 Assistant........................................................................................................................................................95.00 Senior Fault Hazard Specialist.....................................................................................................................200.00 FaultHazard Specialist......................................_..............................................................................:.........975.00 Forensic Services (Engineers, Geologists, Environmental Scientists) $/Hr. Senior Principal/Princtpal(Review,Analysis, Consultation)........................................................................$375.00 Senior Principal/Principal(Depositions, Hearings, Mediation and Trials; in 4-Hour Increments)..................425.00 Senior Associate/Associate(Review,Analysis, Consultation)......................................................................300.00 Senior Associate/Associate(Depositions, Hearings, Mediation and Trials;in 4-Hour Increments)..............350.00 Senior Project/Project(Review,Analysis,Consultation)............................ .................................................250.00 Senior Project(Project(Depositions, Hearings, Mediation and Trials;in 4-Hour Increments)......................300.00 Technical Services $/Hr. Supervising Engineering Technician..........................................................................................................$105.00 Senior Engineering Technician...................................................................................................................... 85.00 EngineeringTechnician................................................................................................................................. 75.00 Field Technician(Prevailing Wage Projects)................................................................................................115.00 Deputy Geotechnical Inspector.....................................................................................................................115.00 Senior Laboratory Technician........................................................................................................................95.00 LaboratoryTechnician................................................................................................................................... 85.00 Draftsperson.................................................................................................................. ...............................90.00 Support Services $/Hr. Outside Consultants(Corresponding to in-house levels).................................................................In-House Rate Drilling/Equipment Rental....................::...............................................................................................Cost+20% Client Requested Accounting.................................................................................................................$70.00/hr. Word Processing,Technical Editing, Project Administration...................................................................$65.00/hr Field Services Communications Charges..........................................................................................1%of Invoice Company Owned Equipment Usage.....................................................................................................$10.00/day CopyRate..............................................::.............................................................................................$0.25/sheet Postageand Shipping..........................................................................................................................Cost+20% PDFFile Transmittal...............................................................................................................................$15.00/file CD File Transmittal........................................... .....................................................................................$20.00/file NOTE: Travel fine to field job sites Is charged on a portal to portal basis at the appropriate hourly rate. Overtime for non-registered professionals and technlclans is$40.00 over the hourly rate. A minimum of.two hours will be charged for all:personnal. HOURLY RATE SCHEDULE — City of Palm Springs On-Call Environmental Consulting (CEQA) Services, BCRCONSULTING LLC RFP 15-14 Professional Services $/Hr. Principal Investigator........................... ......................................................................................................$100.00 ProjectManager...............................'........................................................................................................... 85.00 GIS/Graphics................................................................................................................................................. 70.00 Field Archaeologist/PaleontologisUMonitor.......... .........................................................................................60.00 Historian/Researcher.....................................................................................................................................60.00 Word Processing/Production............ ............................................................................................................50.00