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HomeMy WebLinkAbout05842 - ENDO ENGINEERING ANIMAL SHELTER TRAFFIC & NOISE STUDY Kathie Hart From: Allen Smoot Sent: August 04, 2010 2:24 PM To: Kathie Hart Subject: RE: A5842 - Endo Eng Yes yes al From: Kathie Hart Sent: Wednesday, August 04, 2010 2:22 PM To: Allen Smoot Subject: A5842 - Endo Eng A5842 Traft and .Anl"8 Service fb the Animal Shelter 0 7d'009 Company Marne: Endo Engineering Addre : 288 11 Woodcock Drive„Laguna Niguel.CA 92677 Contact W.Endo Group: ADMINISTRATION Service: IA File xRei: CHERYL MARTIN (760)322 373 ins.SWus. lsficate and Policies are OK Al: Not sure if you're the one to ask. Done? Ok to close? V- Kathie Hart, CMC Chief Deputy City Clerk City of Palm 5prings 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 (760)323-8206 1 441 (760)322-8332 E Kathie.Hart@Palm5pringsCA.gov Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time. I Al nRma/1 n AMENDMENT NO. 1 TO AGREEMENT NO. 5842 ENVIRONMENTAL CONSULTING SERVICES THIS FIRST AMENDMENT TO Agreement No. 5842 for consulting Services, (herein "Amendment") made and entered into on the 3 day of �ugv5t_ 2009, by and between the CITY OF PALM SPRINGS (herein "City") and ENDO ENGINEERING, a Professional Engineer (herein "Consultant") is hereby amended effective August 27, 2009, as follows: RECITALS WHEREAS, City and Consultant entered into that certain Consulting Services Agreement No. 5842 for Environmental Consulting Services (Agreement"), as duly amended from time to time, and WHEREAS, the parties wish to amend the Agreement to add an Air Quality Study, and NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: Section 1. Exhibit "A" Scope of Services is hereby amended to add an Air Quality Study and adjust fees by adding $3,800 as more completely described in the Endo Engineering Proposal dated July 23, 2009, copy attached. Section 2. Full Force and Effect: Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date first written above. ATTEST: CITY OF PALM SPRINGS a municipal corporation City ClerK City Manag �(\'�PPROVED BY CITY MANAGER � KIT\ k� ° �o M21 APPROVED TO -ORM: \APPROVED BY CITY MANAGER By. Ci t#orney (fit 1 CONTRACTOR: Check One: _Zlndividual Partnership Corporation By: Sf6n4re Name: 6r-ejc ),y FA to Title: CONSULTING SERVICES AGREEMENT ENDO ENGINEERING—ANIMAL SHELTER TRAFFIC& NOISE STUDY THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this 61h day of May, 2009, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Endo Engineering, a Professional Engineer ("Consultant"). RECITALS A. City requires the services of a Traffic and Noise Consultant for Palm Springs Animal Shelter Project ("Project"). B. Consultant has submitted to City a proposal to provide Traffic and Noise Analysis services to City pursuant to the terns of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified to provide the necessary services to City for the Project and desires to provide such services. D. City desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide Traffic and Noise Analysis services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided by Consultant in accordance with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1 Revised 5125/07 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully wtderstands the facilities, difficulties, and restrictions attending performannce ol'the work tinder this Agreement. 2. TIME FOR COMPLETION. 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 set forth in Exhibit 'W" Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit "A," which total amount shall not exceed 59,000. Note: $2,000 shall be paid up front as a retainer and $1,000 is set aside for hearing attendance if required. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to City in the forni approved by City's finance director, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated thereon, which are approved by City consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Chans<es. In the event any change or changes in the Scope of Services/Work is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional 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; 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. 3.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated there Core by the City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 2 Revised V2W07 slnil9_^ 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A." The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this Agreement, this Agreement shall continue in full force and effect for a period of six months, commencing on May 15, 2009, and ending on November 16, 2009, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORK 5.1 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 and work specified herein and make all decisions in connection therewith: Greg Endo, Principal. It is expressly understood that the experience, knowledge, education, capability, 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 hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that 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. 5.3 Prohibition Against Subcontracting or Assitnment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this 3 Revised 3/23l07 %7610 Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perfonhh the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services set forth herein. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Greg Endo Principal Vicki Endo Registered Traffic Engineer, Principal G. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit `B," which is attached hereto and is incorporated herein by reference. 7. INDEMNIFICATION. 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 Cederal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, which Claims arise out of or are related to Consultant's performance under this Agreement, but excluding such Claims arising from the 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 hereunder. Revised 912WW s06W,' S. RECORDS AND REPORT'S 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officez 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. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 8.4 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. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the teen of this Agreement and for three (3) years from the date off inal payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal j arisdiction of such court in the event of such action. 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. J Revised 3123107 507631)1- 9.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either patty 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. 9.4 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.5 Termination Prior to Expiration of Term. City reserves the tight to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that where termination is due to the Fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall innmediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 10. CITY OFFICERS .AND EMPLOYEES; NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Emolovees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed cornmmunicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 6 Revised 3/23/07 511]G 14 To City: City of Palm Springs Attention: City Manager& City Clerk- ' 200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Endo Engineering Attn: Greg Endo 28811 Woodcock Drive Laguna Niguel, Ca 92677-1330 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instnunent in writing. 11.4 Severability. In the event that any one or more of the pleases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 11.5 Authori . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. /// [SIGNATURE PAGE SEPARATELY ATTACHED] 7 Revised 3l23107 51if lJ' IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: 'J'� U \ By: 2,� David H. Ready City Manager APPROVED BY CITY MANAGER rAb APPROVED AS TO FORM: ATTEST By: (i p ��=��✓� Bye Douglras-C. Holland, /imes Thompson, City Attorney City Clerk "CONSULTANT" Endo Engineering Date: By : Crreg do Principal Dater ?1 2001 0(�D�e.w d" &.ct-n Vicki Lee Endo, Y.E. Principal S Revised 3123107 509(i7' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �r,.:.n,•�craL`�"4�6.CY�f-7P��rts=r�`rys�erur¢rr-R�e�wn�2:Gc57�.xf3,X•vR�>£t^w�Y.�'.�,'�+.gC."SPpF�`�*".�.iz'Chi�.aKx7x+tv,•.C[.t>: State of California County of_V A N CT E On ar f7 Oj beforeme, 1<1 _YOEIN!� �n�Flr � CP1 •7 Pr��� is 6!o HNIB JISBd N�B)fM]p AIV1 Tyi6P p01 NB OIiCCY personally appeared_ CUL-z �' F�4'o O V L CIS•I LEE T-7to o Ppmolc]of Slpnaryc) who proved to moon the basis of so etory evidence to X be the person(s) whose name{s) is/ suhscribed to the within In trument and acknowledged me that he/she/texecuted the same in hisfner/tTei authorized capacityfies), and that by hisfnedt ei signature(s) on the ristrllrrient the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument KI YOUNG HONG Commission• 1827701 I cerllfy under PENALTY OF PERJURY under the laws a Notary Public-California of the State of California that the foregoing paragraph is z Orange County — true and correct- My Comm.Expires Dec 21.2012 WITNESS my hand and off I aI. Signature__!__,�., a:wa no•ary soot aeow SI�uNtp d uo:ary Pue:c OPTIONAL Though the information below is nol mqulrod by law.It may prow valuablo to porsens rulying orr the dcoe.r.:unt and could prevent lraudWenl removal and to anorhee dccurncnr. Description of Attached Document Title or Type of Dooument: CzA S'r _pccumbnt Date {/GNumber Number of Pages: ..•�...,, Signer(s)Other Than Namod Above: "�,„ „.„,•.,,,•„„_„,� Capacity(ies)Claimed by Signer(s) CIS{ Gn SignePs Name: Lei!... do Signers Name: ❑ Individual ❑ Indivloual ❑ Corporate Officer—Tltle(s): 17 Gorpordle Officer—Tille(s): ❑ Partner—❑Limited ❑General InPartner—❑Limited ❑Genolal - ❑ A -Attorney in Fiat ❑Attomey in Fact = ❑ Tnastee Top.[0101h hrm 1 Trustee Top of Ihvmo ham ❑ Guardian or Conservator ❑Guardian or Consorvatcr ❑ Other. ?RWC-1?A' . LJ Other: Signor Is Representing: Signer Is CA M3136• Representing. r Ent D o._Ea�S rnyE�F..iN 6 'L31G.M.r oom lvOon�INrtary Psorl:rlon•9950 Di,aom.kuc eO Ern?:ie•cmt arli •b, Ilntr v 0'S07 nglJv,.CNIITiII-rrcc160h11)WE2] 9 Revised 3123107 5117M1 19 I EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Pees And Schedule of Performance Attached 10 Revised 3123107 5p9G V)] Exhibit "A" SCOPE OF SERVICES/WORK PALM SPRINGS ANIMAL SHELTER Phase One: Preliminary Research and Analysis Task Outline: 1. Coordinate with Allen F. Smoot & Associates regarding the project description (e.g., latest site plan, construction schedule, project buildout year, and operational details),project goals and objectives, potential circulation and noise issues,and the work schedule. 2. Coordinate with the City of Palm Springs by telephone and electronic mail to verify key parameters and minimize City comments on the focused traffic analysis (e.g.the peak hour intervals to be evaluated, an appropriate seasonal traffic adjustment factor, the trip generation associated with the animal shelter, the traffic distribution and assignment,future General Plan buildout traffic projections etc.). 3. Review available relevant information including: • noise studies for similar facilities; • historical traffic count data for this area in approved traffic studies; and • the Site Plan (for consistency with City standards as well as accepted traffic engineering practices). 4. Observe the traffic flow characteristics and the speed of traffic on Mesquite Avenue at Vella Road. 5. Coordinate with and direct Counts Unlimited Inc. to conduct two-hour morning and evening peak manual turning movement counts (from 7:00 a.m. to 9:00 a.m. and from 3:30 p.m. to 5:30 p.m.) at the intersection of Vella Road and Mesquite Avenue, 6. Determine the current morning and evening peak hour control delay and the corresponding levels of service for the intersection of Vella Road and Mesquite Avenue,based upon the 2000 Plighway Capacity Manual unsignalized intersection methodology, as implemented by the McTrans Highway Capacity Software (HCS 2000). 7. Determine if the intersection of Vella Road and Mesquite Avenue currently warrants signalization,based upon the peak hour traffic signal volume warrants. Phase Two. Prepare Focused Traffic Impact Assessment Task Outline: 1. Estimate the morning and evening peak hour and daily trip generation associated with buildout of the proposed project, based upon available trip generation rates for animal shelters. 2. Distribute the project-related traffic to the surrounding street network, based upon the directional split occurring today as determined from the traffic count data. Revised 3/23107 907639 2 3. Estimate the morning and evening peak hour ambient turning movement volumes at the key intersection in the year 2030, by adjusting existing turning movement count data to reflect the projected increase in daily traffic volumes between the year 2009 and the year 2030. 4. Develop intersection turning movement volumes for project buildoutyear conditions by interpolating between existing and horizon year 2030 ambient traffic volumes, then adding project-related traffic. 5. Determine the morning and evening peak hour control delay values for the project buildout year conditions at the key intersection with and without the proposed project. 6. Relate the results to levels of service and identify any circulation deficiencies that may result upon buildout of the proposed project. 7. Determine the morning and evening peak hour control delay values at the key intersections for year 2030,with and without the proposed project. S. Relate the results to levels of service and identify any circulation deficiencies that may result in the year 2030 as a result of the proposed project- 9- Evaluate the Site Plan for consistency with City standards as well as accepted traffic engineering practices. 10. Discuss any street improvements needed to insure compliance with circulation policies outlined in the City of Palm Springs 2007 General Plan. 11. Determine if the intersection of Vella Road and Mesquite Avenue will warrant signalization upon project completion or General Plan buildout, based upon peak hour traffic signal volume warrants. Phrase Three: Analyze Noise Impacts Task Outline: I . introduce the relevant noise rating schemes and their significance in quantifying the acoustic environment. 2. Discuss land use compatibility with various noise levels per the Noise Ordinance in the Palm Springs Zoning Code and the Noise Element in the Ciry of Palm Springs 2007 General Plan. 3. Identify and locate existing noise-sensitive receptors within the vicinity of the proposed project. 4. Quantify existing noise levels adjacent to Vella Road and Mesquite Avenue in the project vicinity using the computerized Federal Highway Administration Highway Traffic Noise Model (RD 77-108). 5. Discuss potential construction-related short-term noise impacts on existing noise- sensitive receptors in the project vicinity. 1 2 Revised 3/23/07 507639 2 6. Utilize the FHWA Traffic Noise Model to quantify future noise levels adjacent to Vella Road and Mesquite Avenue with and without the proposed project,based upon future traffic volume projections provided in the traffic study. 7. Compare future noise levels with and without the project to determine where signif- icant noise increases (audible increases that would exceed City noise standards)may occur in the vicinity of noise-sensitive receptors. S. Estimate ultimate on-site noise levels generated by vehicles on Mesquite Avenue and Vella Road. 9. Evaluate and discuss the potential for noise generated on-site to impact adjacent noise-sensitive receptors. 10. Recommend measures that could be employed to reduce any significant noise impacts identified to acceptable levels. Phase Pour: Coordination and Response To Comments Task Outline: 1. Prepare a focused traffic impact report detailing the study methodology, assumptions and findings in the format approved by the City of Palm Springs. 2. Prepare a noise impact report including the study methodology, assumptions and findings. 3. Submit a copy of the traffic study and noise study in portable document format (pdf) with the text and graphics by electronic mail to Allen F. Smoot &Associates. 4. Coordinate with Allen F. Smoot & Associates regarding comments received from the City of Palm Springs on the technical studies. 5. Respond in a timely and efficient manner to any comments made on the technical studies by the City of Palm Springs and incorporate any required changes in the technical studies (up to 4 man-hours). 13 Revised 3/13107 507699 2 SCHEDULE OF FEES PALM SPRINGS ANIMAL SHELTER The services to be rendered pursuant to this agreement shall require a budget not to exceed nine thousand dollars ($9,000.00) as outlined in the cost summary below. This budget shall include the cost of traffic counts to be made by Counts Unlimited, Inc., and attendance at one meeting or public hearing in Palm Springs. Endo Engineering will require a fee of $2,000,00 to be paid up front as a retainer to initiate work. One thousand dollars ($1,000.00) shall be set aside for meeting/public hearing attendance if required. This budget estimate shall be valid for a period of 60 days. The fee estimate does not include: (1) a detailed evaluation of site access alternatives, land use alternatives, or project phases (other than project buildout), (2) cost estimates related to circulation improvements, or (3)the development of TSM/TDM or mitigation monitoring programs. Cost Summary Phase Task Budgeta 1 Preliminary Research and Analysis $1,900,00 2 Prepare Traffic Impact Assessment $2,450.00 3 Analyze Noise Impacts $1,150.00 4 Coordination and Response To Comments $500.00 5 Attendance at One Meeting/Public Hearing (If Required) 11 ,000.00 Total $9,000.00 Invoices will be submitted on a monthly basis in proportionto the time spent on the project per our normal hourly rates (as noted on the attached Compensation Schedule). As a condition of the proposal acceptance, all invoices are due and payable within thirty days of the invoice submittal date. Services beyond the scope of work herein shall be performed only when requested and approved in writing. Our staff will be available for meetings or public hearings at our standard hourly rates plus mileage. For your budgetary purposes, you may assume a cost of approximately $1,000.00 per meeting held in the City of Palm Springs. SCHEDULE OF PERFORMANCE. PALM SPRINGS ANIMAL SHELTER The tasks outlined above will require approximately three to four weeks to complete. The work will begin immediately upon receipt of the signed authorization to proceed and the retainer fee to cover the cost of the field work, traffic count program, and coordination with the City of Palm Springs. Additional information needed to complete the studies ina timely fashion includes: (1) available noise studies for similar animal shelters, (2) additional project description information (i.e.,latest Site Plan, buildout date,and operational details). A-0 8cv„ d: 3n_3i07 307639.2 Compensation Schedule Classification Hourly Rate Principal/Professional Engineer S130.00 Director/Associate Engineer $110.00 Project Manager $70.00 Associate Project Manager $40.00 Technician $25.00 General Notes: 1. Reproduction,telephone and supply costs are non-billable. 2. Hourly rates apply to travel time related to site investigations and meetings. Mileage will be invoiced at$0.50 per mile. 3. Statements will be submitted monthly for work in progress and upon completion of the work. 4. Statements are payable within 30 days of receipt. 5. Any invoice unpaid after 30 days shall be subject to interest at the maximum rate permitted by law. 6. Any controversy or claim arising out of or relating to this contract,or the breach thereof,shall be settled by arbitration in accordance with the rules of the American Arbitration Association,and judgment upon the award rendered by and entered in any court having jurisdiction thereof. 15 Revis'cd 3123/07 5076,19 2 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 16 Revised;3/23/07 S07(,39