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HomeMy WebLinkAbout05272 - LSA ASSOCIATES INC FOCUSED ENTITLEMENTS & EIR BMW OF PALM SPRINGS PROJECTS 3.2871 AND 5.1101 GPA Page I of I Kathie Hart From: Loretta Moffett Sent: April 17, 2009 8:24 AM To: Kathie Hart Subject: RE: A5272 -LSA(Focused entitlement& EIR for BMW of PS) yes rr� Loretta Morfett Administrative Assist-DeNciopment,131,1nnInQ Sewita� Y` 1 Phone 760.323.8270 -Pay 7h0-723-83G0 /� 17'.mail 1 orcn Mnfl_itfapol-mspangs_cu Gov ` From: Kathie Hart Sent: Thursday, April 16, 2009 4:46 PM To: Loretta Moffett Cc, ]ay Thompson Subject: A5272 - LSA (Focused entitlement&EIR for BMW of PS) LM Ok to close? Completed? e Kathie Hart, CMC 04/17/09 ORlGPIAL Con6-aci,'52_72 MbO 7847 LSA—PSP0602 CC:ApprovReol �..i 06 LSA Associates Inc Focused Entitlements & EIR CITY OF PALM SPRINGS BMW of Palm Springs A5272 CONTRACT SERVICES AGREEMENT _MO 7847 04-12-06 FOR: Focused Entitlement and EIR Services for BMW of Palm Springs, Projects No. 3.2871 & 5.1101 GPA THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 7l2 f IZ 2006, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein"City")and LSAASSOCIATES, INC.(herein"Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit"A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments, Contractor 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. Contractor 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 Contractor's performance of the 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 FamiliaritV with Work. By executing this Contract, Contractor warrants that Contractor(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, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,which will materially affect the performance of the services hereunder,Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 1 of 22 GA DWU1! bh;Stl Ot�.��r,l IEJN 11 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life 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 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. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services,without invalidating this Agreement,to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent(10%)of the Contract Sum maybe approved by the Contract Officer as may be needed to perform any extra work. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any work or service identified in the Scope of Work exceeds any time or material amounts or estimates provided therein.. 1.9 Special Requirements. Additional terms and conditions of this Agreement,if any, which are made a part hereof are set forth in the"Special Requirements"attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions of this Agreement, the provisions of Exhibit"B" shall govern. 1.10 Responsible to City. Contractor acknowledges and agrees that the work and services the Contractor will produce for the City, including any initial study, screen check draft environmental impact report, draft environmental impact report, and final environmental impact report,will be prepared in strict and full compliance with the California Environmental Quality Act and the Environmental Quality Act Guidelines(collectively,the"Law"). Contractor further acknowledges and agrees that, consistent with the requirements of the Law, all documents that Contractor prepares must reflect the independent judgment of the City. All work performed and all work product produced shall be subject to review, revision, and approval of the Contract Officer and the final environmental impact report, including the draft environmental impact report,comments thereto,and all related responses to comments, will be subject to approval by the City Council. In addition, Contractor shall not meet with or discuss the work, services, or the contents of any work product with the applicant or a representative of the applicant without the express approval of the Contract Officer nor shall the Contractor take direction from the applicant or the applicant's representative. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of TWENTY-SEVEN THOUSAND AND NO/100 DOLLARS ($27,000.00) herein "Contract Sum"),except as provided in Section 1.8. The method of compensation may include: (i)a lump sum payment upon completion, (ii)payment in accordance with the percentage of completion of the services, (iii)payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or(iv)such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for 5.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 2 of 22 actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. Contractor 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 Contractor anticipates, that Contractor shall not be entitled to additional compensation therefore, and the provisions of Section 1.8 shall not be applicable for such services. THE MAXIMUM AMOUNT OF CITY'S OBLIGATION UNDER THIS SECTION 2.1 IS THE AMOUNT SPECIFIED HEREIN. IF THE CITY'S MAXIMUM OBLIGATION IS REACHED BE-FORE THE CONTRACTOR'S SERVICES UNDER THIS AGREEMENT ARE COMPLETED, CONTRACTOR WILL NEVERTHELESS COMPLETE THE SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT BEYOND THE MAXIMUM AMOUNT. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1st) working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered with supporting documents for reimbursable expenses prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor 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" attached hereto as Exhibit"D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s)specified in the Schedule of Performance may be approved in writing by the Contract Officer, but not exceeding (Refer to Exhibit"D" Highly Aggressive Schedule). 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 Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement,this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit"D"). 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 3 of 22 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Mr. Lyn Calerdine, Principal in Charge Mr. Dale Blount, Senior Planner and Project Manager Mr. George Foscardo, Senior Planner LSA ASSOCIATES, INC. 760-416-2075 Phone — 760-416-3065 Fax It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor 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 Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein maybe transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law,whether for the benefit of creditors or otherwise, without the prior written approval 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 Contractor, 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 the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available,to persons or entities with offices located in the Coachella Valley("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit: evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 4 of 22 services required herein, except as provided in Section 1.10 or otherwise set forth in this Agreement. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees,servants, representatives or agents,or in fixing their number,compensation or hours of service. Contractor shall perform all services required herein as an independent contractor 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. Contractor 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. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185)or equivalent language. The Commercial General Liability Insurance shall name the City, its officers,employees and agents as additional insured. (b) Worker's Compensation Insurance. A policy of workers'compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit"B". All of the above policies of insurance shall be primary insurance. (Reference Section 5.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled,the Contractor shall, priorto the cancellation date,submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers,agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties,obligations,errors, 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 5 of 22 omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work,operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay anyjudglnent rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers,agents or employees in Such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "B" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City("City Manager")due to unique circumstances. 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 Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor 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. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor 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 Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 6 of 22 increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep,and require subcontractors to keep,such books and records as shall be necessary to perform the services required by this Agreement and 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 times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees,subcontractors and agents 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 Contractor shall have no claim for further employment or additional 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 uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 7 of 22 appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. 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. 7.5 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 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. 7.6 Legal Action. In addition to any other rights or remedies, either parry 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. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement,the Contractor and its sureties shall be liable for and shall pay to the City the sum of(waived —see Exhibit"B") as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit"D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section fortermination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty(30)days'written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 8 of 22 Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously slated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a parry to any action or proceeding in any way connected with this Agreement, the prevailing parry in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City orfor any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 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 is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third parry any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion,sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion,sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, 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 prepaid,first-class mail, in the case of the City, to the City Manager and to the attention of the Planning Services Director, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263,and in the case of the Contractor,to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 3.2871 15.1101 BMW of Palm Springs-LSA Associates Contract 9 of 22 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a 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 are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder 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. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party 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 said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS —Axl ° a municipal corporation �C tertr ce �� k � �=H=R�a€fy � �� Manager �t APPROVED BY CITY COUNCIL �� APPROVE / S TO FORM U �� City Attorney (Contractor Signatures on following page) 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 10 of 22 CONTRACTOR: LSA ASSOCIATES, INC. Check One: 901 East Tahquitz Canyon Way#A-200 _Individual_Partnership X Corporation Palm Springs, CA 92262 Corporations require two notarized signatures,one from A and one from B: A.Chairman of Board, President, or any Vice President: and B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Cif Financial Officer). By:_ y: Signature (notariz d) qq Si e n arized) Name: ✓�C✓r� �'°!Cep t ame. Title: �� � — Title: l ��yy��T Address: 20 �XecwF e wL,s�' 2x� Address:,'a- D G M1t-/ V)0 aj � a . State of����g �kl rn State of ck i County of 61; a,,,o °e, }ss County of Iss J 7� On �� d,L doe � �67 before me, On before me 0 q`7, personally ^' - personally appeared r�J sum . V tt`d"�� f� appeared 1 personally-known-to-me (or proved-to-me-orr personally known to me (or-ryreued-te aae ora ti,fe- sis of.satisfactory-evidence) to be the the-basis-of satisfaetefy-eviEe e) to be the person(s)whose name(s)is/are.subscribed to person(s)whose name(&)is/am)-Subscribed to the within instrument and acknowledged to me the within instrument and acknowledged to me that he/she/tkley- executed the same in that he/6heA" executed the same in his/hem/their-authorized capacity(ies), and that his/her/tbeir authorized capacity(ies), and that by his/her/their signature(s)-on the instrument by his/he#14te4r signature(s)on the instrument the person(s), or the entity upon behalf of the person(*, or the entity upon behalf of which the person(s) acted, executed the which the person(a) acted, executed the instrument. instrument. WITNESS my hand-and official seal. WITNESS my hand and official seal. i Notary Notary - a % Signature:,f " � �'C'���4j� �� r='' Signaturet lE" (. Notary Seal: Notary Seal: lERF5RA DE 1A CRUZ COMMM sn#1573376 1 IMSM DE LA CRUZ NolaY PuW.-CalRornio 11JO.Mycomn. Carwr">n#1573376 Orange County - Nolaty►ASc-Coli My C01Mr.E"MMay20,2 orargeCouHy - ExgNrwMay 20, 3.2871 /5.1101 BMW of Palm Springs-LSA Associates Contract 11 of 22 EXHIBIT "A" PROJECT UNDERSTANDING AND SCOPE OF SERVICES Consultant agrees to perform the following Scope of Services for Focused Entitlement, Initial Study/Mitigated Negative Declaration, and other professional planning services for the BMW of Palm Springs Projects 3.2871 and 5.1101. Project Understanding The proposed project entails the construction of a new BMW automobile dealership on 8.78 vacant acres along East Palm Canyon Drive, immediately to the west of the existing facility. The project location is shown in Figure 1. The project will construct the following improvements: • 38, 389 square foot sales and service (first floor) • 30,973 square foot of covered parking (second floor) • 22,793 square foot roof deck (third floor). The balance of the site will be used for product display and enclosed service areas. City approvals of this project will include Architectural Review, Conceptual Site Plan approval or equivalent, and sign plan approval. In addition,the City must approve the environmental document. The City may identify additional procedural steps, as necessary. Associated Actions In addition to the basic proposal, the project proposes the conversion of the existing BMW dealership into an Infiniti dealership, conversion of the existing Infiniti dealership into an expansion of the Mercedes Benz dealership, and an updated sign program addressing the two upgraded facilities. In addition,the existing East Palm Canyon Drive frontage road would be converted into a private street serving all three facilities. The frontage road conversion may require a General Plan Amendment, depending on future review by the City. Data to be Provided by Applicant Prior to commencing major work, the applicant will need to provide a detailed project description to the City and LSA. This project description needs to include: • Project location and parcel map (already provided) • Existing site topography as available • Proposed project characteristics including conceptual site plan, description of building improvements (square feet, number of stories, etc), outdoor improvements, - parking lots with number of spaces, conceptual landscape plan, proposed sign program, proposed modifications to existing buildings. (preliminary version already provided). • Proposed project entitlement actions: General Plan Amendment(if required), site plan 3.2871 /5.1101 BMW of Palm Springs-LSA Associates Contract 12 of 22 .r •!� r' � I � 't� 1 1F A' �sµKy.YY � T7 O y j C , Z L S A FIGURE 1 BMWDealership Relocation SOURCE:Google Earth Project Location P:tBMMGRAPHICSTIGURE 1 PROJECTLOCATION Prior to preparation of the environmental document, the applicant will need to provide the following environmental technical studies, as may be required by the City;these reports need to be reviewed and approved by the City Department with appropriate expertise. 1. Cultural Resources Study 2. Biological Resources Study 3. Traffic Study(if needed) 4. Air Quality Study(if required) 5. Noise Study(if required) 6. Geotechnical Study(if needed) 7. Hydrology Study(if needed). 8. Phase 1 Hazardous Materials Assessment(already completed). Notes on Technical Studies: The City may determine that existing information prepared for the City's General Plan Update is adequate to cover Geotechnical and Hydrology issues at a level adequate for CEQA approval.The recently prepared"Hazards Report"indicates that the site is located outside identified geotechnical hazard zones and flood zones. Given the small scale of the project site, the City may determine that a traffic study and air quality study are not required. Any noise study would focus on neighborhood compatibility. If requested, LSA can provide a scope of work and budget to prepare any of items 1-5; items 6-7,as required, need to be prepared by an engineer with requisite qualifications. Prior to the distribution of the environmental document and any meeting notices,the applicant needs to provide LSA with a list of property owners within 300 feet or other noticing area established bythe City. Based upon our experience with other similar projects, LSA anticipates that the primary environmental issues may be related to the interface of the dealership with the surrounding residential uses. We suggest that the City and the applicant consider the development of a neighborhood compatibility program to ensure that neighborhood concerns, particularly regarding noise, will be appropriately addressed. Data to be provided by the City We assume that the City will provide LSA with the following information 1. Approved project description 2. Approved technical studies 3. City Standard Mailing List 4. Examples of City Documents and Formats 5. Review and comment regarding LSA products. LSA SCOPE OF SERVICES Project Management, Coordination, and Administration LSA will perform project management duties forthe planning and environmental review component of the project to assure a cost efficient and quality process. The City will oversee the application 3.2371 /5.1101 BMW of Palm Springs—LSA Associates Contract 14 of 22 process and serve as the conduit of information between applicant and LSA. In particular, LSA will: 1. Prepare the environmental initial study and make recommendations regarding the type of environmental document to be required. 2. Prepare public notices as required and maintain the project distribution list. Note:this scope assumes that any newspaper advertisements or mailings will be accomplished by the City, except as noted below. If requested, LSA can pay for such advertisements/mailings with direct costs reimbursement. 3. Prepare draft project staff reports for the Architectural Committee, Planning Commission and the City Council 4. Prepare monthly project documentation and invoicing 5. Prepare and maintain the project schedule LSA will take a proactive approach to ensure the timely resolution of issues. Note: this budget assumes that the project will extend no longer than 8 months. If the project extends further,then the budget for project management will require adjustment due to additional meetings, monthly documentation, etc. Time is of the Essence LSA recognizes that automotive dealerships are extremely important to local government finances, and that time is of the essence in completing this work effort. Critical Focus on Technical Studies Based upon our review of available data, we suggest that that the City, applicant and LSA focus early on identifying the requirement and the scope of work for any additional technical studies, as the critical path leads through these efforts. We suggest that City Departments with expertise attend any such meeting so that there is common agreement on the need for, scope and schedule of any such studies. In our experience,the preparation of any traffic studies is the pacing item in more the one-half of the environmental documents that we prepare. Coordination with City of Palm Springs LSA will prepare for and attend monthly project team meetings, as necessary, with the City and applicant regarding planning and environmental processing of documents, resolution of issues, strategy development, etc. LSA will coordinate with affected departments of the City through meetings and direct contact. Concerns and issues expressed by agency representatives will be documented to ensure that expressed concerns are recorded and addressed. Furthermore, the appropriate City departments, such as Fire, Police, Building,and Engineering,will provide pertinent conditions of approval to LSA for inclusion in the reports as they move forward. Preparation of Environmental Document Working in consultation with the agencies and with technical studies provided by the applicant, LSA will prepare an Initial Study per the City's CEQA guidelines. LSA's proposed budget is based upon a Mitigated Negative Declaration. Given that the project should not require review by State Agencies and does not appear to involve issues of area wide, regional or statewide interest, the project may qualify for an expedited 20 day public review process. LSA will explore this option with the City. LSA will prepare the required CEQA notices to notify required agencies and the general public that 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 15 of 22 an environmental document is being prepared. These notifications include a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration (NOI) and a Notice of Determination (NOD) of the lead agency's final action. LSA will coordinate circulation of the document through the State Clearinghouse, if required. LSA will also coordinate the filing of the NOD with the County of Riverside; the budget assumes that the City or the applicant with pay the requisite filing fee. Generate Staff Reports LSA will the Planning Commission and potential City Council staff reports per City standards and format. The City will provide LSA with sample documents for use in ensuring adherence to those formats. We understand that the Architectural Review Committee does not require a Staff Report. The staff reports will include several components including: • A recommendation for certification of the environmental review, a recommendation for approval/denial (with approval subject to review by planning director if requested), • A recommendation for conditions of approval (if project is recommended for approval), • Receive comments from the Public and the Planning Commission with responses as appropriate, • Findings of Fact for Approval or Denial, and • Amend Recommendations and Findings as directed by the Planning Commission if appropriate. The budget is based upon one presentation before the Planning Commission and one presentation before the Architectural Review Committee.Additional meetings can be attended at cost and would possibly include the City Council. 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 16 of 22 EXHIBIT "B" SPECIAL REQUIREMENTS City hereby waives Section 5.3 as a requirement of this Agreement. City hereby waives Section 7.7 as a requirement of this Agreement. 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 17 of 22 EXHIBIT "C" SCHEDULE OF COMPENSATION Client agrees to compensate Consultant for such services as shown below. Consultant shall complete the work outlined above in accordance with the fees schedule identified below and shall invoice Client on a monthly basis on the percentage of completion. Consultant proposes to accomplish these tasks on an hourly basis consistent with the billing rates. The following summarizes the proposed tasks described above. TASKS BUDGET Project Management, Meeting Attendance and Administration $ 1000.00 Initial Stud $ 12,000.00 Notice of Intent $ 500.00 Architectural Committee Meeting $ 1000.00 Response to Comments/Revise MND 20 Hour Maximum $ 3,000.00 Planning Commission Staff Report and Meeting $ 5,500.00 Notice of Determination $ 1,000.00 TOTAL CONTRACT COSTS $ 27,000.00 Note: This budget assumes that the City and/or applicant will pay all necessary filing fees(i.e., Fish and Game Fee at the time of filing of the Notice of Determination), and the City will pay for any necessary public notices. The budget is based upon an maximum of 20 hours to prepare the response to any comments. This budget will not be exceeded without the expressed approval of the City of Palm Springs. Authorized additional tasks not included in the above scope of work can be conducted on a time and materials basis according to the attached rates. 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 18 of 22 EXHIBIT "D" SCHEDULE OF PERFORMANCE — HIGHLY AGGRESSIVE The following table shows the typical times for the primary steps listed above and includes the scenario of a longer process that incorporates City Council review. Note that certain tasks are particularly vulnerable to the critical path of tasks outside of LSA's purview. For example, completion of the Initial Study is subject to the availability of various technical studies. CRITICAL PATH TASK < - RESPONSIBILITY ' TIME LENGTH 1. Notice to proceed city n/a 2. Meeting with City and Applicant LSA n/a 3. Issue Resolution: GPA Approach, Traffic Approach, Biological All 1-2 weeks Resources, Cultural Resources 4. Preparation of the Initial Study (after review and approval of all LSA 2-3 weeks technical studies 5. Lead Agency review(City) City 1-2 weeks 6. Prepare Distribution List LSA (with input from 1 week(in parallel Cit and A licant) with Ste 5). 7. Revise Initial Study Per City Comments LSA 2 days 8. Posting and Circulation of the 3-4 weeks (20 day Notice of Intent(NO[) City minimum County Clerkposting) 9. Architectural Review meeting City During IS/MND review period 10. Planning Commission Staff 3 weeks During Report preparation, review, and LSA IS/MND Review revision Period 11. Planning Commission meeting city Per Calendar 12. Preparation and recirculation of MND if necessary) LSA One month 13. Preparation of City Council Staff 2 weeks (in parallel Report, review, and revision LSA with Item 13 14. City Council meeting (if required) One month (for city scheduling) 15. Notice of Determination preparation, review, revision, LSA 2 days and circulation 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 19 of 22 Palm Springs BMW Dealership Relocation - Highly Aggressive Schedule ID Task Name March Aril Mav iun, - --i-- - - -- ---- 3= _J„ 3/3__L 3119_--I_ 3126 - --4/2 _(,,,,4/9._„�_ 4/16_-I_,4123 -4/30_ 5/14_t-_5/21 5/28_ — 2 1Issue Resolution _ i 3 Resolve General Plan Issue ! All m 4 Resolve Traffic Study Issue t All S 5 Resolve Biology issue _ All W 5 -i -_ Resolve Cultural Resources - _' All v 7 I� 8 I Environmental Document y 9 Prepare Initial Study(IS) Q _ A t=i1 10 City Review ity C 11 Revise and Complete - r ,gay= LSA,City m 12 Circulate IS(MND):20 days - _ - � LSAT Q 13 Prepare Response to Comments , ;l LSA m 14 City Review city T 15 Revise and Complete _ -_ 16 Planning Commission Certifies n 17_ Notice of Determination _ ♦ 5/29 p sJI m -19 _ Architectural Committee Review 4& 4124 = 20 n 2 r 21 Planning Commission Review Y 22 Prepare Staff Report - A - 23 City Review - it 0_ Y M 24 Complete Staff Report - - _ y - W 25 _ Planning Commission Meeting 1 5f24 m IF 25 27 General Plan Amendment Process p 28 Prepare City Council Staff Report = - - SA - 29 City Staff Review/Approve ,ry„ Ity 30 1 City Council Meeting 6/7 S Project:BMW Dealership.mpp Task 0 Milestone Date:Sat 3/11/06 EXHIBIT "E" LSA IN-HOUSE DIRECT EXPENSES DESCRIPTION OF EXPENSES (included in estimate) Unit Cost Reproduction $0.10 per page Color Reproduction 8.5x11 $1.00 per page Color Reproduction 11x17 $3.00 per a e Mileage Road $0.445 per mile Off-road $0.595 per mile Facsimile $1.00 per page Plotting $5.00 perlinear ft. Diazo Printing $0.20 per s . ft. Film (developing billed separately as a direct cost $5.00 per roll Disposable camera and film (developing billed separately as a direct $10.00 per camera cost Search of Specialized Data Bases $100.00 per inquiry Pen map/GPS Unit $200.00 per day Arc ma /GPS Unit $150.00 per day Aerial Photos $200.00 per photo Contractor shall submit all supporting documents for reimbursable expenses at time of invoicing for professional services rendered. 3.2871 /5.1101 BMW of Palm Springs—LSA Associates Contract 21 of 22 LSA ASSOCIATES, INC. PROPOSAL FOR PLANNING SERVICES MARCH 2006 CITY OF PALM SPRINGS BMW DEALERSHIP RELOCATION LSA HOURLY BILLING RATES EFFECTIVE AUGUST 2005 m Job Classification X Hourly Rate = Planning Environmental Transportation Air/Noise Cultural Resources Biology GIs Range* W Principal Principal Principal Principal Principal Principal Principal $120-225 —4 Associate Associate Associate Associate Associate Associate Associate $75-175 TI y Senior Planner Senior Senior Transportation Semor Arr Senior Cultural Senior Biologist/ Botanist/ Senior GlS $75-160 r I Environmental Planner Planner/Engineer Quality/Noise Resources Manager Wildlife Biologist/ Specialist (p Specialist Ecologist/Soil Scientist/ n Herpetologist/Arborist = Planner Environmental Planner Transportation Air Quality/Noise Cultural Resources Biologist/Botanist/ GIs Specialist $50-125 Q Planner/Engineer Specialist Manager Wildlife Biologist/ e Ecologist/Soil Scientist/ Herpetologist/Arborist Assistant Planner Assistant Assistant Transportation Air Quality/Noise Cultural Resources Assistant Biologist/ Assistant GIs $40-85 W Environmental Planner Planner/Engmeer Analyst Analyst Botanist/Wildlife Specialist Biologist/Ecoloo st/Soil r Scientist/Herpetologist/ 1- Arbonst Z Field Services Field Director $50-100D-I Semor Field Crew/Field Crew M S 35-75 Office Services M Research Assistant/Technician $25-50 T m Graphics S 70-100 1 -i Office Assistant $40-75 C Word Processing/Technical Editing $60-90 m a c G) c N 1 N O O CA > The hourly rate for work involving actual expenses in court,giving depositions or similar expert testimony,will be billed at$250 per hour regardless ofjob classifications. 03/11/06(P IISMW\BMW Proposal.doc) LSA ASSOCIATES, INC. IRVINE BERKELEY Lr 901 E. TAHQUITZ CANYON WAY 760-416-2075 TEL FT. RICHMOND FT. COLLINS 4.`.ti' SUITE A-200 '760-416-3065 FAX RIVERSIDE ROCKLIN PALM SPRINGS, CA 92262 SAN LUIS OBISPO COLMA CARLSBAD March 11, 2006 Mr. Craig A. Ewing,AICP Director of Planning Services 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Subject: BMW Auto Dealership-Focused Entitlement and Environmental Documents Dear Mr. Ewing: Per your request,LSA Associates, Inc. (LSA)is pleased to submit this revised proposal for professional planning consulting services regarding the proposed BMW Dealership Relocation and associated activities in the City of Palm Springs, California. Specifically,LSA is proposing to act as the City's project manager for entitlement processing and to ensure compliance with the California Environmental Quality Act(CEQA)for the proposed project. This proposal includes LSA's understanding of the project scope of work, deliverables, and process schedule. We have previously provided the City with LSA's Statement of Qualifications. PROJECT UNDERSTANDING The proposed project entails the construction of a new BMW automobile dealership on 8.78 vacant acres along East Palm Canyon Drive, immediately to the west of the existing facility. The project location is shown in Figure 1. The project will construct the following improvements: • 38, 389 square foot sales and service(first floor) • 30,973 square foot of covered parking(second floor) • 22,793 square foot roof deck(third floor). The balance of the site will be used for product display and enclosed service areas. City approvals of this project will include Architectural Review, Conceptual Site Plan approval or equivalent, and sign plan approval. In addition, the City must approve the environmental document. The City may identify additional procedural steps, as necessary. Associated Actions In addition to the basic proposal, the project proposes the conversion of the existing BMW dealership into an Infiniti dealership, conversion of the existing Infiniti dealership into an expansion of the Mercedes Benz dealership, and an updated sign program addressing the two ugraded facilities. In addition, the existing East Palm Canyon Drive frontage road would be converted into a private street serving all three facilities. The frontage road conversion may require a General Plan Amendment, depending on future review by the City. 03/17/06(PABMW Focused Entitlement\BMW Proposal.doc) LSA ASSOCIATES, INC. PROPOSAL FOR PLANNING SERVICES MARCH 2O06 CITY OF PALM SPRINGS RMW DEALERSHIP RELOCATION PROPOSED PROJECT TEAM LSA key staff involved in this project includes: • Lyn Calerdine, Principal in Charge • Dale Blount, Senior Planner and Project Manager • George Foscardo, Senior Plainer Mr. Calerdine, Principal in Charge of LSA's Palm Springs office, will be the LSA Principal-in- Charge of this effort. He has more than 25 years experience in the planning, environmental analysis (CEQA and NEPA), and permitting of land developments,transportation facilities, and environmental restoration projects. Mr. Calerdine has managed the environmental approval and entitlement processes for large land use projects for such developers as The Irvine Company and Disney Development Company, as well as the Cities of Palm Springs, Desert Hot Springs and Indio. Mr. Calerdine's professional history includes an initial eleven years with LSA Associates, Inc. (from 1985 to 1996), where he rose from Project Manager to Principal. In 1996,he left LSA to become Environmental Planning Manager for San Francisco Airport(SFO), where he managed CEQA/NEPA compliance and agency permitting for the airport Master Plan Improvements and proposed runway reconfiguration. hi 2002,he left SFO to form his own consulting practice in Palm Springs, California, and he rejoined LSA as Principal in 2004, where he is now the managing Principal of LSA's Palm Springs office.Mr. Calerdine currently serves on the City of Palm Springs General Plan Steering Committee and is on the Board of Directors of the Palm Springs Economic Development Corporation. Mr. Calerdine has previously worked for the City of Palm Springs on the Indian Avenue Interchange, Gene Autry Trail, and Boulders/Crescendo EIR Projects. Mr. Blount, Senior Planner, would be the project manager for the project and the day-to-day contact for the City. He has seventeen years of planning and environmental experience with military, municipal, tribal and consulting employment. For the past two years, Mr. Blount has worked with LSA as a Senior Planner, after five years at SFO where he was Senior Environmental Planner. During his career at LSA, Mr. Blount has managed efforts on the Gene Autry Trail Widening for the City of Palm Springs,the Main Street/I-10 interchange for the County of Riverside, and the Needles Highway Improvement Project for the County of San Bernardino. Mr. Foscardo, Senior Planner, has extensive city planning experience dating to 1972 and would provide senior guidance on the project. Prior to joining LSA, Mr. Foscardo served as the Community Development Director for the City of San Bruno for seventeen years. In this position he directed the professional divisions of the Community Development Department. These included current and advanced planning,redevelopment, building inspection, code enforcement, and the aircraft noise insulation program. Activities included the update of the General Plan, creation of a Specific Plan, administration of environmental regulations and subdivision ordinances, staff to the City Council, Planning Commission, and Citizens Advisory Committee on Redevelopment, and other planning related committees. 03/11/06(PABMVABMW Proposal doc) 3 LSA ASSOCIATES, INC. PROPOSAL FOR PLANNING SERVICES STARCH 2O06 CITY OF PALM SPRINGS BMW DEALERSHIP RELOCATION Data to be Provided by Applicant Prior to commencing major work, the applicant will need to provide a detailed project description to the City and LSA. This project description needs to include: • Project location and parcel map (already provided) • Existing site topography as available • Proposed project characteristics including conceptual site plan, description of building improvements(square feet, number of stories, etc), outdoor improvements,—parking lots with number of spaces, conceptual landscape plan,proposed sign program, proposed modifications to existing buildings. (preliminary version already provided). • Proposed project entitlement actions: General Plan Amendment(if required), site plan approval,architectural approval, etc. Prior to preparation of the environmental document, the applicant will need to provide the following environmental technical studies, as may be required by the City; these reports need to be reviewed and approved by the City Department with appropriate expertise. 1. Cultural Resources Study 2. Biological Resources Study 3. Traffic Study(if needed) 4. Air Quality Study(if required) 5. Noise Study(if required) 6. Geoteclmical Study(if needed) 7. Hydrology Study(if needed). 8. Phase 1 Hazardous Materials Assessment(already completed). Notes on Technical Studies: The City may determine that existing information prepared for the City's General Plan Update is adequate to cover Geoteclmical and Hydrology issues at a level adequate for CEQA approval. The recently prepared"Hazards Report" indicates that the site is located outside identified geotechnical hazard zones and flood zones. Given the small scale of the project site,the City may determine that a traffic study and air quality study are not required. Any noise study would focus on neighborhood compatibility. If requested, LSA can provide a scope of work and budget to prepare any of items 1-5; items 6-7, as required,need to be prepared by an engineer with requisite qualifications. Prior to the distribution of the environmental document and any meeting notices, the applicant needs to provide LSA with a list of property owners within 300 feet or other noticing area established by the City. Based upon our experience with other similar projects, LSA anticipates that the primary environmental issues may be related to the interface of the dealership with the surrounding residential uses. We suggest that the City and the applicant consider the development of a neighborhood compatibility 03/11/06(PABMWIBMW Proposal.doc) 4 LSA ASSOCIATES. INC. PROPOSAL FOR PLANNING SERVICES MARCH 2006 CITY OF PALM SPRINGS BMW DEALERSHIP RELOCAS'ION program to ensure that neighborhood concerns,particularly regarding noise, will be appropriately addressed. Data to be provided by the City We assume that the City will provide LSA with the following information 1. Approved project description 2. Approved technical studies 3. City Standard Mailing List 4. Examples of City Documents and Formats 5. Review and comment regarding LSA products. LSA SCOPE OF SERVICES Project Management, Coordination, and Administration LSA will perform project management duties for the planning and environmental review component of the project to assure a cost efficient and quality process. The City will oversee the application process and serve as the conduit of information between applicant and LSA. In particular, LSA will: 1. Prepare the environmental initial study and make recommendations regarding the type of environmental document to be required. 2. Prepare public notices as required and maintain the project distribution list. Note: this scope assumes that any newspaper advertisements or mailings will be accomplished by the City, except as noted below. If requested, LSA can pay for such advertisements/mailings with direct costs reimbursement. 3. Prepare draft project staff reports for the Architectural Committee,Planning Commission and the City Council 4. Prepare monthly project documentation and invoicing 5. Prepare and maintain the project schedule LSA will take a proactive approach to ensure the timely resolution of issues. Note: this budget assumes that the project will extend no longer than 8 months. If the project extends further, then the budget for project management will require adjustment due to additional meetings, monthly documentation, etc. Time is of the Essence LSA recognizes that automotive dealerships are extremely important to local government finances, and that time is of the essence in completing this work effort. Critical Focus on Technical Studies Based upon our review of available data, we suggest that that the City, applicant and LSA focus early on identifying the requirement and the scope of work for any additional technical studies, as the critical path leads through these efforts. We suggest that City Departments with expertise attend any such meeting so that there is common agreement on the need for, scope and schedule of any such studies. 03/11/06(P.\BMWnMW Proposal dor) 5 LSA ASSOCIATES, INC. PROPOSAL FOR PLANNING SERVICES MARCH 3006 CITY OF PALM SPRINGS E\IW DEALERSHIP RELOCATION In our experience,the preparation of any traffic studies is the pacing item in more the one-half of the environmental documents that we prepare. Coordination with City of Palm Springs LSA will prepare for and attend monthly project team meetings, as necessary,with the City and applicant regarding planning and environmental processing of documents, resolution of issues, strategy development, etc. LSA will coordinate with affected departments of the City through meetings and direct contact. Concerns and issues expressed by agency representatives will be documented to ensure that expressed concerns are recorded and addressed. Furthermore, the appropriate City departments, such as Fire,Police,Building, and Engineering,will provide pertinent conditions of approval to LSA for inclusion in the reports as they move forward. Preparation of Environmental Document Working in consultation with the agencies and with technical studies provided by the applicant,LSA will prepare an Initial Study per the City's CEQA guidelines. LSA's proposed budget is based upon a Mitigated Negative Declaration. Given that the project should not require review by State Agencies and does not appear to involve issues of area wide,regional or Statewide interest, the project may qualify for an expedited 20 day public review process. LSA will explore this option with the City. LSA will prepare the required CEQA notices to notify required agencies and the general public that an environmental document is being prepared. These notifications include a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration(NOI) and a Notice of Determination (NOD)of the lead agency's final action. LSA will coordinate circulation of the document through the State Clearinghouse, if required. LSA will also coordinate the filing of the NOD with the County of Riverside; the budget assumes that the City or the applicant with pay the requisite filing fee. Generate Staff Reports LSA will the Planning Commission and potential City Council staff reports per City standards and format. The City will provide LSA with sample documents for use in ensuring adherence to those formats. We understand that the Architectural Review Committee does not require a Staff Report. The staff reports will include several components including: • A recommendation for certification of the environmental review, a recommendation for approval/denial(with approval subject to review by planning director if requested), • A recommendation for conditions of approval(if project is recommended for approval), • Receive comments from the Public and the Planning Commission with responses as appropriate, • Findings of Fact for Approval or Denial, and • Amend Recommendations and Findings as directed by the Planning Commission if appropriate. 03/11/06(P\BMW\BMw Proposaidoc) 6 LSA ASSOCIATES, INC. PROPOSAL FOR PLANNING SERVICES MARCH 2006 CITY OF PALM SPRINGS OJIW OEALERSn IP RELOCATION The budget is based upon one presentation before the Planning Commission and one presentation before the Architectural Review Committee.Additional meetings can be attended at cost and would possibly include the City Council. SCHEDULE The following table shows the typical times for the primary steps listed above and includes the scenario of a longer process that incorporates City Council review.Note that certain tasks are particularly vulnerable to the critical path of tasks outside of LSA's purview. For example, completion of the Initial Study is subject to the availability of various technical studies. `6 tical Path'-task=. " 5 'Res$hsibilt Time Len th 1. Notice to proceed City n/a 2. Meeting with City and Applicant LSA WIT 3. Issue Resolution:GPA Approach,Traffic All 1-2 weeks Approach,Biological Resources,Cultural Resources 4. Preparation of the Initial Study(after review LSA 2-3 weeks and approval of all technical studies 5. Lead Agency review(City) City 1-2 weeks 6. Prepare Distribution List LSA(with input from City I week(in parallel with Step and Applicant) 5). 7. Revise Initial Study Per City Comments LSA 2 days 8. Posting and Circulation of the Notice of City 3-4 weeks(20 day minimum Intent(NOI) County Clerk posting) 9. Architectural Review meeting City During IS/MND review period 12. Planning Commission Staff Report LSA 3 weeks During IS/MND preparation,review,and revision Review Period 13. Planning Commission meeting City Per Calendar 14. Preparation and recirculation of MND(if LSA One month necessary) 15. Preparation of City Council Staff Report, LSA 2 weeks(in parallel with review,and revision Item 13 16. City Council meeting(if required) City One month(for scheduling) 17. Notice of Determination preparation, LSA 2 days review,revision,and circulation A number of tasks can be accomplished concurrently. For example, staff report preparation and review generally takes place during the period between scheduled hearings and can generally be achieved within that overall timeframe. The exception is when a project is of particular political sensitivity and reports require sequential review by such atypical staff as the City Attorney or City Manager. An awareness of the sensitivity to the proposed project should come to light early in the process and a more solid schedule will become apparent. 03/11/06(P:IBMWABMW Proposal.doc) 7 LSA ASSOCIATES, INC. PROPOSAL FOR PLANNING SERVICES MARCH 2O06 CITY OF PALM SPRINGS RMW DEALERSHIP RELOCATION BUDGET SUMMARY We propose to accomplish these tasks on an hourly basis consistent with the billing rates. The following summarizes the proposed tasks described above. Task Estimated Budget Project Management, Meeting Attendance and Administration $ 4,000.00 hiitial Stud $ 12,000.00 Notice of Intent $ 500.00 Architectural Committee Meeting $ 1000.00 Response to Comments/Revise MND (20 Hour Maximum) $ 3,000.00 Planning Commission Staff Report and Meeting $ 5,500.00 Notice of Determination $ 1,000.00 Total Estimated Budget $ 27,000.00 Note: This budget assumes that the City and/or applicant will pay all necessary filing fees(i.e.,Fish and Game Fee at the time of filing of the Notice of Determination), and the City will pay for any necessary public notices. The budget is based upon an maximum of 20 hours to prepare the response to any comments. This budget will not be exceeded without the expressed approval of the City of Palm Springs. Authorized additional tasks not included in the above scope of work can be conducted on a time and materials basis according to the attached rates. Thank you for contacting us on this request. We look forward to working with you on this project. If you have any questions or comments,please call me at(760)416-2075. Sincerely, LSA ASSOCIATES, INC. L , ��"1 � � G l fir►� Q Lyndon T. Calerdine, Principal Attachment: Billing Rates 03/11/06(P9BMW\BMW Proposal.doc) 8 ASSOCI LSA AI US, INC PROPOSAL FOR PLANNING SERVICES MARCH 11 2006 CITY OF PALM SPRINGS BMW DEALERSHIP RELOCATION LSA HOURLY BILLING RATES EFFECTIVE AUGUST 2005 Job Classification Hourly Rate PlanningEnvironmental Trans ortatlon Air/Noise Cultural Resources Biolo GIS Ran e* Principal Principal Principal Principal Principal Principal Principal $120-225 Associate Associate Associate Associate Associate Associate Associate $75-175 Senior Planner Senior Senior Transportation Senior Air Senior Cultural Senior Biologist/ Botanist/ Senior GIS $75-160 Environmental Planner Plarmer/Engineer Quality/Noise Resources Manager Wildlife Biologist/ Specialist Specialist Ecologist/Soil Scientist/ Herpetologist/Arborist Planner Environmental Planner Transpoitation Air Quality/Noise Cultural Resources Biologist/Botanist/Wildlife GIS Specialist $50-125 Planner/Engineer Specialist Manager Biologist/Ecologist/Soil Scientist/Herpetologist/ Arborist Assistant Planner Assistant _ Assistant Transportation AG Quality/Noise Cultural Resources Assistant Biologist/ Assistant GIS S 40-85 Environmental Planner Ptanner/Englneer Analyst Analyst Botanist/Wildlife Biologist/ Specialist Ecologist/Soil Scientist/ Herpetologist/Arborist Field Services Field Director $50-100 Senior Field Crew/Field Crew $35-75 Office Services Research Assistant/Technician $25-50 Graphics $70-100 Office Assistant S 40-75 Word Processing/Technical Editing S 60-90 The hourly rate for work involving actual expenses in court,giving depositions or similar expert testimony,will be billed at$250 per hour regardless ofjob classifications. 03/11/06(PiBMWIBMW Proposal.doc) p LSA ASSOCIATES, INC. LSA IN-ROUSE DIRECT EXPENSES Unit Cost Reproduction $0.10 per page Color Reproduction(8.5x11) $1.00 per page Color Reproduction(11x17) $3.00 per page Mileage Road 1per er mile Off-road er mile Facsimile r page Plotting ear ft.Diazo Printing sq. ft.Film(developing billed separately as a d rect cost) er rollDisposable camera and film(developing billed separately as a direct cost) camera Search of Specialized Data Bases $100.00 per inquiry Pen map/GPS Unit $200.00 per day Arc map/GPS Unit $150.00 per day Aerial Photos $200.00 per photo 10 � pALMSp! � ty of -Palm Springs ZN Craig A. Ewing Director of Planning Services Department of Planning Services Cq \p 3200 East Tahquitz Canyon Way • Palm Springs,CA 92262 �iIFOR� Tel:760-323-82,15 •Fax:760-322-8360•E-mail: CraigE0ci.paim-spriags.ca.us April 14,2006 Mr,Chris Hector Partners Land Development, Inc. and BMW of Palm Springs 3919 East Palm Canyon Drive Palm Springs, CA 92264 RE: BMW OF PALM SPRINGS, PROJECT 3.2871 AND 5.1101 GPA-FUNDING OF FOCUSED E14TITLEME14T AND EIR PLANNING SERVICES BETWEEN THE CITY AND LSA ASSOCIATES, INC. Dear Mr. Hector: With your knowledge and approval, the City entered into a contract with LSA Associates for Focused Entitlement and Environmental Impact Planning Services on the project mentioned above. In order to proceed with these services, please formalize the commitment to fund the engagement of LSA Associates for the contract amount of$27,000.00. As agreed during discussions with BMW, the City has waived its normal 12.5% Planning contract administrative fee in order to help BMW expedite this project. We understand that time is of the essence for BMW and that LSA Associates will work aggressively toward an early completion of these planning services. We have received an initial deposit of$2,000.00 and require the remaining balance of $26,000.00 to fully fund this contract. These funds will be held on deposit and LSA invoices paid from the depository account as work progresses and invoices are received. We would appreciate receiving a signed copy of this commitment letter along with your check for$25,000.00 sent to nay attention at the address shown below. Thank you for your immediate attention--we look forward to working with you and the successful completion of this important project. Please call me if you have questions. Sincerely, rah ng,AI4Se Dire of Planninces adm 3.2871 BMW—LSA Gomt a.t Agreement By signature, I agree to fund the total of$27,000.00 for professional services related to the above project It is further understood that additional fees, such a City Attorney legal fees or other related costs incurred by the City in behalf of BMW of Palm Springs,will be paid upon request by the City. By_ Authorized Signature for BMW of Palm Springs Date 9os_Office PBos,2743 e Pgdm 913zi tgs, CA 922£3-2743 a tv`BeRa: vi�T,a?c�Yc1F,q-G 7afi P.�s<CP. 9 Client#:652 LSAASSOCH ACORD CERTIFICATE OF LIABILITY INSURANCE 4/2106 ""Y' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.BOX 12675 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland,CA 94604-2675 510 465-3090 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Greenwich Insurance Company LSA Associates,Inc. INSURER B Hartford Fire Ins.Co. 21)Executive Park,Suite 200, INSURER c American Automobile Ins.Co. Irvine,CA 92614 INSURER D: INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N TYPE OF POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR DATE MMIDONY DATE MMIOD/YY A GENERAL LIABILITY GECO019404 09/30/05 09/30/06 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY General Liab DAMAGE TO RENTED $300 DDD CLAIMS MADE FX1 OCCUR Excludes Claims MED EXP(Any one person) $5 000 _ Arising Out Of PERSONAL&ADV INJURY $1 DDD DDD The Performance GENERAL AGGREGATE $2 DDD 000 GEN'LAGGREGATE LIMIT APPLIES PER: Of Professional PRODUCTS-COMP/OP AGG $2000000 X POLICY PRO LOC Services ECT B AUTOMOBILE LIABILITY 57UUNIF1488 09/30/05 09/30/06 COMBINED SINGLE LIMIT $1 DDD DDD X ANY AUTO (Ea accident) , , ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per perseo) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCES:3NMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE S RETENTION $ $ C WORKERS COMPENSATION AND WZP80933836 09/30/05 09/30/06 X WCSTATu- OTH- EMPLOYERS'LIABILITY A E L.EACH ACCIDENT $1,DDD DDD ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,006000 If yes,Uescnbe uEd., SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT 1$1,000,000 A OTHER Professional PECO01275803 09/30/05 09/30/06 $2,000,000 per claim &Pollution $4,000,000 annl aggr. Liability DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project Name/number:Palm Springs BWM/PSP0602. The City of Palm Springs,Its Officers,Employees and Agents are additional insureds as respects to General and Auto Liability per policy form wording.. Insurance is Primary&Non-Contributory. A Waiver of (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL RWXMRRX§t MAI L ''40_ DAYS WRITTEN Attn: Craig Ewing,Director of Planning NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,R3Ixr(MMJoDTk))AQ0D(aMK 3200 Tahquitz Canyon Way JM('JPIiRKRX7601DO1RClRJfXMfiKRXX-0FJPJY%741COP1CI[AK][KE(tld1[KECJFKRZMRRIIC9A(JEKXx Palm Springs,CA 92262 XWXW rXD=Wz%x AUTHORIZED REPRESENTATIVE ACORD 25(2001/03)1 of 2 #M138632 CCB o ACORD CORPORATION 1988 POLICY NUMBER: GECO019404 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. (PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organziation(s): Location(s) Of Covered Operations City of Palm Springs Schedule Cont. : The City of Palir Attn: Craig Ewing, Director of Pla �tpgings, Its Officers, Employees 3200 Tahquitz Canyon Way and Agents Palm Springs, CA 92262 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to This insurance does not apply to "bodily injury"or include as an additional insured the person(s) or "property damage" occurring after: organization(s)shown in the Schedule, but only 1. All work, including materials, parts or equip- with respect to liability for"bodily injury" "property ment furnished in connection with such work, damage"or"personal and advertising injury" on the project(other than service, mainte- caused, in whole or in part, by: nance or repairs)to be performed by or on 'I. Your acts or omissions; or behalf of the additional insured(s)at the loca- l. The acts or omissions of those acting on your tion of the covered operations has been com- behalf; pleted; or in the performance of your ongoing operations for 2. That portion of"your work" out of which the the additional insured(s) at the location(s)desig- injury or damage arises has been put to its nated above, intended use by any person or organization B. With respect to the insurance afforded to these other than another contractor or subcontrator additional insureds, the following additional exclu- engaged in performing operations for a sions apply: principal as a part of the same project. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S) , BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CG 2010 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM POLICY NUMBER: GECO019404 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR (Continued from page 1 . ) ORGANIZATION NOTICE OF CANCELLATION: IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF PREMIUM, 10 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80933836 Issuedto: LSA Associates, Inc . By: American Automobile Ins . Co. Premium (if any)TBD We have a right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5%of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Palm Springs The City of Palm Springs, Its Officers, Attn: Craig Ewing, Director of PlanniElployees and Agents 3200 Tahquitz Canyon Way Palm Springs, CA 92262 WC 04 03 06 Countersigned by (Ed. 4-84) Authorized Representative Best's Rating Center- Search Results Page 1 Page I of 1 y r Member Benefits View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers:Felect One Search Results page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with greenwich insurance To refine your search, please use our Advanced Search or view our Online Help for more information. Newsearch I 19mpawilch insurance j View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Re Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ Outlook/ T AMB# * Company Name Rating Implication Long-Term Implication ^' Short-Term Domicile 11095 Greenwich Insurance Company A+ Stable aa- Stable US: Delawt (Property/Casualty-Insurance Company) Note: Financial Strength Ratings as of 0411712006 11:15 AM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc $Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating; * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based'on a comprehensive quantitative and qualitative evaluation of a company's balance sheet stren operating performance and business profile These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders View our entire notice for complete details. Customer Service I Product Support I Member Center 1 Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright©2006 A.M.Best Company, Inc.All rights reserved. A.M.Best Worldwide Headquarters,Ambest Road,Oldwick, New Jersey,08858, U.S.A. http://www3.ainbest.com/ratings/RatingsSearch.asp?AltSrc=9 04/17/06 Best's Rating Center - Search Results Page 1 Page 1 of 1 z Best, A. Wr Member Benefits - � View Ratings:Financial Strength Issuer Credit Securities Advanced Search Other Web Centers.Felect One Search Results Page 1 of 1 3 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with hartford fire ins To refine your search, please use our Advanced Search or view our Online Help for more information. New search 1hartford ere ins View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ Outlook/ , + AMB# Company Name Rating Implication Long-Term + Implication Short-Term + Domicile 02231 Hartford Fire Insurance Company A+ Stable aa- Stable US: Conner (Property/Casualty-Insurance Company) 87049 Hartford Fire Insurance Companv A+ Stable CA: Ontaric CAB (Property/Casualty-Insurance Company) 69482 Hartford Fire Insurance Company United Kinc UKB (Property/Casualty-Insurance Company) Note:Financial Strength Ratings as of 0411712006 11:15 AM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating,, * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet stren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders.View our entire notice for complete details Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best 1 Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright©2006 A.M.Best Company, Inc.All rights reserved. A.M.Best Worldwide Headquarters,Ambest Road,Oldwick, New Jersey,08858,U.S.A. http://www3.ambest.com/ratings/RatingsSearch.asp 04/17/06 Best's Rating Center - Search Results Page 1 Page 1 of 1 RatfifflW- ter ' J.j) View Ratings:Financial Strenath Issuer Credit Securities Advanced Search Other Web Centers. Select one Search Results Page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with american automobile To refine your search, please use our Advanced Search or view our Online Help for more information. New Search Iamerican automobile View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial Strength Ratings Issuer Credit Ratings � Outlook/ . Outlook/ AMB# " Company Name Rating Implication Long-Term . Implication " Short-Term Domicile 02176 American Automobile Insurance A Stable a Stable US: Missou Company (Property/casualty-Insurance Company) Note: Financial Strength Ratings as of 0411 712006 1 1:15 AM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc $Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating: * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet stren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy_ I Security I Terms of Use I Legal & Licensing Copyright©2006 A.M.Best Company, Inc.All rights reserved. A.M.Best Worldwide Headquarters,Ambest Road, Oldwick, New Jersey,08858, U.S.A. littp://www3.ambest.corn/ratings/RatingsSearch.asp 04/17/06 CONTRACT ABSTRACT Contract Company Name: LSA Associates, Inc. Company Contact: Lyn Calerdine, Principal in Charge Summary of Services: Focused Entitlement and EIR Planning Services - Exhibit "A" (page 12 thru 16) Contract Price: $27,000.00 Funding Source: BMW of Palm Springs Contract Term: 120 days Contract Administration Lead Department: Planning Services Contract Administrator: Craig Ewing, Director of Planning Contract Approvals Council/ Community Redevelopment City Council Agency Approval Date: April 12, 2006 Minute Order/ Resolution Number: MO 7847 Agreement No: A5272 Contract Compliance Exhibits: A - Project Understanding & Scope of Services; B- Special Requirements; C- Schedule of Compensation; D-Schedule of Performance; E - LSA In-House Direct Expenses Signatures: Robert H. McCann, President and James Baum, CFO Insurance: Attached to each contract copy(Greenwich Ins., Hartford Fire, and American Auto Insurance Companies Bonds: Waived - Exhibit "B" `Contract prepared by: Loretta Moffett for Tom Wilson and Craig Ewing. Submitted on: By: OK ?ALM s n� MEMORANDUM TO: Loretta Moffett Development Services FROM: Kathie Hart, CIVIC �+ Chief Deputy City Clerk DATE: April 18, 2006 "SUBJECT: LSA Associates Inc (Focused Entitlement & EIR— BMW of Palm Springs) Attached are two (2) duplicate originals of the above referenced agreement for your files and distribution. We have kept the original copy for our records. Please feel free to contact our office if there are any concerns. /kdh Attachment