HomeMy WebLinkAbout05136 - PACIFIC MUNICIPAL CONSULTANTS SMOKETREE COMMONS PROJECT EIR Pacific Municipal Consultants
EIR Smoketree Commons
Amend 1 to A5136
CM auth 04-06-06
FIRST AMENDMENT TO AGREEMENT
FOR CONTRACT SERVICES WITH PACIFIC MUNICIPAL CONSULTANTS
This First Amendment to the Consultant Services Agreement with Pacific Municipal
Consultants ("First Amendment" or "Amended Agreement") is made and entered into this 30°i
day of November, 2005, by and between the CITY OF PALM SPRINGS, a municipal
corporation ("City") and PACIFIC MUNICIPAL CONSULTANTS, a California Corporation
("Contractor") and amends that certain "Contract Services Agreement with Pacific Municipal
Consultants" (the "Agreement") dated July 15, 2005 between the same parties.
RECITALS
A. On or about July 15, 2005, City and Contractor entered into a"Contract Services
Agreement"pursuant to which Contractor agreed to provide professional and technical
services related to the preparation of an Enviromnental Impact Report (EIR), as required
by the California Environmental Quality Act (CEQA), for the proposed Smoketree
Commons Project located at southwest comer of the intersection of East Palm Canyon
Drive and Barona Road ("Project").
B. Contractor has proposed a fixed price budget of$110,540 ("Contract Sum")to complete
Project.
C. Contractor has also proposed a separate time and materials budget estimated at
approximately $14,700 to provide on-demand review and processing of the Project under
the City's Focused Entitlement Program as outlined further in Exhibit A.
D. City and Contractor desire to arnend the Agreement to modify the scope of services and
increase the Contract Sum to provide the additional work that is needed to complete
Project.
AGREEMENT
The Agreement is hereby amended as follows:
1. Section 1.1 "Services of Contractor" is amended as follows:
1.1 Scope of Services. In compliance with all of the terms and conditions
of this Agreement, the Contractor shall perform the additional work or
services set forth in the "Scope of Services" and labeled "Focused
Entitlement Services" attached hereto as Exhibit"A" and incorporated
herein by reference. Contractor warrants that all work and services set
forth in the Scope of Services will be performed in a competent and
professional manner consistent with this Agreement.
2. Section 2.0 "Compensation" is amended as follows:
2.1 Contract Sum. For all services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with the "Schedule of
Compensation" attached hereto as Exhibit "B" and incorporated herein by
this reference.
3. Except as expressly provided hereni, all other terns and conditions of the
Agreement shall rernain in full force and effect.
IN WITNESS WHEREOF, the parties hereto executed this First Amendment to be
effective as of the date first written above.
CITY OF PALM SPRINGS,
a municipal corporation
B}�
City Manager..
APPROVED BYCITYCOUNCIL
_,-wnTTST:
/eP tty Clerk APPROVED By CITY 14ANAGER
APPROVhtD AS TO FORM: PACIFIC MUNICIPAL CONSULTANTS I'�b
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City Attjnley Name:Philip O. Carter
Title:Principal
EXHIBIT"A"
SCOPE OF SERVICES
The following section is hereby added to the Exhibit "A" Scope of Services:
FOCUSED ENTITLEMENT SERVICES
PMC will be responsible for the Smoketree Focused Entitlements with regards to
development application review. This process shall begin with review of application materials
for completeness and end with the presentation to the decision makers. PMC will be responsible
for all noticing, interdepartmental coordination responses for requests for information and/or
materials, review for consistency with applicable laws, regulations and policies, preparation of
staff reports and resolutions, etc. Focused Entitlement requires close coordination between the
preparation of the environmental docrunents and the processing of the entitlements, hence the
requirement for PMC to provide services for both projects.
Contractor shall provide the following services related to the processing of entitlements
for the Project:
• Serve as project manager for Project, including, but not limited to: analyzing and
evaluating the Project site and architectural plans; review Project application for a variety
of purposes, including, but not limited to, design review, business license variances, zone
changes, lot mergers, conditional use permits, code arnendrnents, and special business
permits; ensure compliance with local, state and federal laws and regulations; recommend
approval or rejections; and develop analyses and make recommendations to Director of
Planning Services as necessary.
• Analyzes data with respect to relevant laws, ordinances, regulations, and policies;
determines methods to reconcile project conflicts with zoning requirements and state law
• Coordinate the preparation of the Project EIR and prepare other environmental
documents consistent with state law and City regulations.
• Prepares professional staff reports of sur unarized data, conclusions, and
recommendations; makes oral presentations to the public and elected and appointed
decision makers
• May provide work coordination and project direction for other planning personnel and
contract consultants.
• Performs related duties as required.
Contractor shall perform the services described above within a time frame that is
mutually agreed upon by the Contractor, Project Applicant, and the Director of Plarnring
Services. This time frarne may be amended by mutual agreement of the Director of Planning and
authorized representative of Contractor. Should the City require additional services not outlined
in the scope of work listed above, City and Consultant shall mutually agree that these services
would be performed on a time and materials basis under a subsequent amendment to this
agreement.
EXHIBIT `B"
SCHEDULE OF COMPENSATION
The following section is hereby added to Exhibit`B" Schedule of Compensation:
FOCUSED ENTITLEMENT SERVICES
For the services provided hereunder, Contractor shall be compensated on a time and
materials basis at an hourly rate as set forth in Contractor's Schedule of Rates provided below.
Invoicing will occur on a monthly basis, as work is completed. City shall use reasonable business
efforts to pay Contractor within thirty (30) days of receipt of invoice for services rendered.
Contractor shall use reasonable business efforts to notify City when Contractor's billings reach
$14,700, at which time Contractor shall require additional funds to be approved in writing prior
to continuation of work.
CONTRACTOR SCHEDULE OF RATES
Position Hourly Rate
Senior Plaimer/Principal Plainer $100 per hour
Associate Platmer $85 per hour
Assistant Plainer $70 per hour
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Nacrfic Municipal Consultants
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EIR-Smoketree Commons Proj.
AGREEMENT #5136
MO 7719, 7-20-05
CITY OF PALM SPRINGS __
CONTRACT SERVICES AGREEMENT
FOR ENVIRONMENTAL SERVICES
(Smoketree Commons Project)
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this 20th day of July, 2005, by and between the CITY OF PALM SPRINGS, a municipal
corporation, (herein "City") and Pacific Municipal Consultants, Incorporated, (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 agrees to perform all services under this Agreement(i) in an expeditious,
expert, and professional manner, (ii) in accordance with the standards of professional skill
exercised by expert professionals engaged in the provision of environmental and planning
services, and (iii) in accordance with all governmental laws, statutes, regulations, and ordinances,
and that all work product will be of good quality, fit and sufficient for the purpose intended.
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 Laws. 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.
If a conflict between City, State and Local ordinances, resolutions, statues, rules, or regulations
arises, thereby causing Consultant to not comply with the terms of this section in this Agreement,
Consultant will immediately advise the City of the situation in writing at which time both parties
shall work together to seek resolution and the City will not interpret such conflict as a breach of
this agreement by Consultant.
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 maybe
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.
ORIGNNAL DID,
UMC/OR AGREE . IW-1,
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1.5 Familiarity 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.
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 tame to perform this Agreement, which said adjustments are subject to the written approval of
the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or
$25,000, whichever is less, or in the time to perform of up to thirty(30) days may be 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 riot 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
proviisions of Exhibit"B" and any other provisions of this Agreement, the provisions of Exhibit"B"
shall govern.
1.10 Responsible to Cif. 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
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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. The total compensation to be paid for the Contractor's
services and all related expenses for the work and services specified in this Contract's Scope of
Work is on a Not to Exceed Basis. The City shall pay no more than One Hundred and Ten
Thousand Dollars Five Hundred Dollars ($110, 540.00) for such services and related expenses.
The City shall not be liable or responsible for any amounts for the services and expenses above
the amount of One Hundred and Ten Thousand Dollars Five Hundred Dollars ($110, 540.00)
unless the City's Contract Officer expressly authorizes additional services as provided in Section
1.8 of this Contract. The Contractor's services shall be billed to the City and paid based on the
"Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this
reference. Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expense, and transportation expense approved by the Contract
Officer in advance, and no other expenses. The Contract Sum shall include the attendance of
Contractor at all project meetings reasonably deemed necessary by the Contract Officer;
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
BEFORE 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 Contract Officer
in the form approved by the City's Director of Finance, an invoice for services rendered priorto the
date of the invoice. Except as provided in Section 7.3, Contract Officer shall use reasonable
business practices to pay Contractor within 30 days of receipt of an invoice for services rendered.
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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 one hundred eighty (180) days cumulatively.
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 7.7 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").
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:
Philip O. Carter, President
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.
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j4.2 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 may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily
or by operation of law, whether for the benefit of creditors or otherwise, without the prior written
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 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 anyjoint 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 worker's 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.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, prior to 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.
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5.2 Indemnification. City and its respective elected and appointed boards,
officials, officers, agents, employees and designated volunteers (individually and
collectively, "Indemnitees") shall have no liability to Contractor or any other person for,
and Contractor shall indemnify, defend, protect and hold harmless Indemnitees from
and against, any and all liabilities, loss, damages, judgments, liens, levies, costs and
expenses, including reasonable attorney's fees and disbursements (collectively
"Claims") which Indemnitees may suffer or incur or to which Indemnitees may become
subject by reason of or arising out of any injury to or death of any person(s), damage to
property, loss of use of property, economic loss or otherwise occurring as a result of the
Contractor's performance of or failure to perform any services under this Agreement to
the extent caused by the negligent or willful acts or omissions of Contractor, its agents,
officers, directors, subcontractors or employees, committed in performing any of the
services under this Agreement.
(a) If any action or proceeding is brought against Indemnitees by reason of any of the
matters against which Contractor has agreed to indemnify Indemnitees as provided
above, Contractor, upon notice from City, shall reimburse reasonable defense costs
and attorneys fees to City. The insurance required to be maintained by Contractor
under Section 5.0 shall ensure Contractor's obligations under this section, but the
limits of such insurance shall not limit the liability of Contractor hereunder. The
provisions of this section shall survive the expiration or earlier termination of this
Agreement.
(b) The provisions of this section apply to the greatest extent allowed by law, but do not
apply to Claims occurring solely as a result of the City's negligent or willful
misconduct.
5.3 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 "A"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
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designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance,
technique or event and the estimated 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
shah 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 (46) days after service of the notice, or such
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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 7.7.
7.3 Retention of Funds. Contractor hereby authorizes City to retain ten percent
from each invoice amount payable to Contractor in a retention fund to ensure overall completion
of this project. The ten percent retention amount will be paid to Contractor within 30 days after
completion of project.
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
shalt/ 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 party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Agreement at anytime, 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,
-np
i
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.
7.8 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 Contractor for the purpose of set-off or partial payment of the amounts owed the City as
previously stated.
7.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party 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 or for 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 party 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.
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.
9.6 Consultant's Employees. The City acknowledges and agrees that the
Consultant has invested considerable time and money that would be difficult to quantify in the
trainung and development of Consultant's employees. Therefore, without receiving the
Consultant's written permission, the City agrees not to hire, retain or contract with any
emp0oyee of Consultant who performs services for the City under this Agreement for a period
of one year from the date this Agreement is terminated."
(SIGNATURES ON NEXT PAGES)
DEC-12-2005 MON 04:28 PM Woodruff Spradlin Smart FAX NO, 714 835 7787 P. 02
12;l1x/20i15 18.43 FAX 760 3U 6207 CITY OF PALM SPRINGS + HOLLAND R002
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the
daite first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
/ clericM �++- �C�D City Manager
)PlxavEa s o M. APPROVED BY CITY COUNCIL
13y:
City Attorne,
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By.
City Clerk City Manager
APPROVED AS TO FORM:
By:_
City Attorney
CONTRACTOR: Check one:_Individual_Partnership_Corporation
Pacific Municipal Consultants
'10461 Old Placerville Road, Suite 110
Rancho Cordova, CA95827
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any
Vice President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Tr surer,or Chief Financial Officer).
a
By: � B
i Signature(notarized) � SSiiggnnat r/e�(1n6 riizzzed) U V
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Title: e�4nnl,�J1nn Title"SPCfen'ar
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personally appeared a � . ✓� personallyappe�a
personally known tome personally known to mbggr proved tome on the basis of
)to be thepersohwhosename satisfactory evidence)tobe"theperson(s)whose name(s)
V is subscribed to t within instrument and is/are subscribed to the 1 t in instrument and
a owled ed to me that e/ executed the same acknowledged to me that he/she/they ecuted the same
1 his/ r/ it authorized capacity), and that by in his/her/their authorized capacity(ies), and that by
is r his/her/their signature(s)on the instrumentthe�on(s),
the entity upon behalf of which the person acted, or the entity upon behalf of which the person(s)ae ed,
executed the instrument. executed the instrument.
WITNESS my hand and official seal. r WITNESS my hand and official seal.
Notary Signat e: yl� ary Signature:
Notary Seal: Nota Seal: A //
Commlulon M 1530164
Notary -C to
Bacranenlo CountVQ1MVComrn.ExpkmN0v26,2=
Certificate for Proof of Execution by Subscribing Witness
State of California
County of Sacramento } ss.
On December 7, 2005, before me, Dana Willoughby, the undersigned,
a notary public for the state, personally appeared Jennifer LeBoeuf,
personally known to me to be the person whose name is subscribed to
the within instrument, as a witness thereto, who, being by me duly
sworn, deposed and said that she was present and heard
acknowledged Tad Stearn, the same person described in and whose
name is subscribed to the within and annexed instrument in his
authorized capacity as a party thereto, execute the same, and that
said affiant subscribed her name to the within instrument as a witness
at the request of Tad Stearn.
WITNESS my hand and official seal.
NOTARY SIGNATURE i\inTAp
y DANA M.WILLOUGHBY
Commission X 1530164
61MVComm.Exp4resNov26.2W5
Notary Public-Colitornia
Sacramento County
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EXHIBIT "A"
SCOPE OF SERVICES
Project Understanding
The SmokeTree Commons project would involve development of 188,246 square feet (sf) of
retail space near the existing SmokeTree Village Shopping Center. The project includes 14
retail buildings consisting of seven major stores, four pads and three shops, outdoor plaza
areas, parking, and landscaping. The project would also construct all necessary on-site
infrastructure as well as install a traffic signal at the intersection of East Palm Canyon Drive
and the main entrance of the project site.
The proposed SmokeTree Commons project is located in the southern portion of the City of
Palm Springs, in Riverside County. The project site is located on the southwest corner of the
intersection of East Palm Canyon Drive and Barona Road. The site is to the east of the of the
existing SmokeTree Village development.
The project site consists of ten parcels (510-020-034, -039, -041, -042, -043, -044, -045, -046,
-047, -048) under single ownership that encompasses approximately 17.48 acres. The site is
rectaingular measuring approximately 1,000 feet in length east-west along East Palm Canyon
Drive and approximately 752 feet north-south. The site is relatively flat, with a gradual slope to
the northeast. Elevations on the site range from 400 to 420 feet above mean sea level (amsl).
The site has historically been used for horse stables. The stables were closed in 1967 and the
site is currently vacant and covered with desert vegetation, trash (lumber, concrete, a tire,
aerosol cans, etc.) and two homeless areas. An asphalted concrete frontage road traverses
the northern boundary of the site parallel to East Palm Canyon Drive. A wall is located along
the western property line separating the site from adjacent commercial development which
includes a restaurant, a bank, and a small supermarket.
Surrounding Land Uses
The SmokeTree Commons project would be adjacent to the SmokeTree Village Shopping
Center to the west, East Palm Canyon Drive and apartments to the north, low-density
residential uses to the south, and Barona Road, apartments and low density residential to the
east.
PROJECT HISTORY
The proposed project is located within a 40.4 acre parcel that was previously designated as
NCC (Neighborhood Convenience Center) and RC (Resort Commercial) on the Palm Springs
General Plan Land Use Map. On May 15, 2002, the Palm Springs City Council adopted
Resolution No. 20334 to amend the general plan designations for this site from NCC and RC
to Community Shopping Center (C-S-C). The proposed action is known as the "Smoke Tree
General Plan Amendment' and resulted in the addition of a new Area Plan designation to the
Palm Springs General Plan. The Amendment includes the property containing the existing
Smoke Tree Shopping Center and the expansion area to the east, adjacent to and south of
East Palm Canyon Drive between LaVerne Way (the southerly extension of the Sunrise Way)
and Barona Road (the southerly extension of Farrell Drive). The Smoke Tree Area Plan
overlayed Assessor's Parcel Numbers (APN) 510-020-001, -002, -003, -010, -012, -023, -025,
-0301, -031, -041, -042, -043, -046, -047, -048, and a portion of-034, -039, -040, and —045.
Given the project's location, the following key issues are anticipated to be raised regarding the
project:
• Project consistency with the Palm Springs General Plan.
• Traffic impacts to local roadways within the area.
• Visual impacts of the project to views along East Palm Canyon.
• Biological and water resource impacts to the conditions of the project area.
• Wastewater service issues and potential impacts to local groundwater resources.
• Economic effects of the project on existing commercial uses in the area and whether
the project could result in adverse effects to existing businesses to the point of resulting
in blight.
Presented below is the proposed Scope of Work for preparation and processing of a project EIR,
based on PMC's understanding of the proposed project. For purposes of this scope of work, it is
assumed that once the detailed project description has been established,the proposed project will
not change during the preparation of the EIR. Once the technical studies are underway, any
project modification resulting in the need for new or revised technical analysis may be considered
a significant change to the project and potentially subject to a contract amendment.
Task 1: Project Initiation/Review Existing Reports/Team Meetings
PMC will attend up to two meetings with City staff to review and finalize the proposed scope of
work and to coordinate key steps in the program approach. PMC will gather and review all
relevant documents in order to understand the range of issues associated with this project and for
use in conducting the environmental analysis. PMC will also prepare a detailed project description
for City review during Task 1. PMC will prepare the Notice of Preparation. Should the City hold a
public scoping meeting associated with the release of the Notice of Preparation, PMC will attend
the meeting and provide assistance to the City.
Task 2: Prepare Administrative Draft Environmental Impact Report (ADEIR)
Administrative Draft EIR
PMC will prepare an Administrative Draft EIR and submit five hard copies for review by City staff.
The Administrative Draft EIR (ADEIR) will contain an analysis of potentially significant, adverse
environmental effects of the project, and will document if any mitigation is needed in order to
reduce impacts to a less-than-significant level. The ADEIR will be written in a clear and concise
way de-emphasizing technical jargon to create a document that is accessible and easily
understood by the general public. PMC will remain in close contact with the City and discuss with
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them any significant impacts that, in the view of PMC, may not be possible to mitigate to a less-
than-significant level. PMC will utilize existing technical information prepared by LSAAssociates.
Following one round of comments from City staff on the Administrative Draft EIR PMC will revise
the ADEIR as needed and will prepare and deliver Fifteen (15) copies of the Draft EIR to the State
Clearinghouse, and fifty (50) hard-copies and one electronic copy of the document to the City for
the City's public notification process.
The EIR will be prepared in accordance with the requirements of CEQA and the City of Palm
Springs. The content of the EIR and the work tasks for the individual topic areas are described
below.
The DEIR will include the following:
Introduction
The introductory section will discuss the legal authority for preparing the EIR under CEQA and will
describe the City's environmental review process. The introduction will also include a list of issues
addressed in the EIR, as well as those issues that clearly do not pertain to the project. Included
will be a discussion of the discretionary approvals and permits required by the City and other
agencies relying on the EIR for environmental information. Also included will be a brief
background discussion on the planning history of the City, as well as relevant General Plan
policies concerning this site.
Executive Summary
This section will include a brief description of the project and a summary table,which lists all of the
potential impacts identified in the EIR by topic, along with the corresponding mitigation measures
and the level of significance after mitigation.
Project Description
The project description will provide a clear and concise description of the project setting
conditions, project objectives, project features and requested entitlements. The project
description shall be consistent with the requirements of State CEQA Guidelines Section 15124
and relevant case law.
Environmental Setting, Impacts, and Mitigation Measures
This is the main chapter of the EIR, and will include separate sections for each environmental
topic:, with the discussion for each topic formatted under the subheadings Environmental Setting,
Impacts, and Mitigation Measures. This chapter will be formatted so that the impact statements
and corresponding mitigation measures will stand out from the text for easy reference. Findings
will be made as to the level of significance of each impact after mitigation. The topics that are
expected to be evaluated in the EIR are described below.
Aesthetics/Visual Resources
The project site is level and can be seen in its entirety from East Palm Canyon. The following
tasks shall conduct to address potential visual resource impacts:
Describe the existing landscape characteristics of the project area based on field review
and photographs. This will include a description of current nighttime lighting conditions.
■ Identify applicable Palm Springs City General Plan, policies and guidelines regarding visual
resources and architectural design. This will also include consideration of the Palm
Springs City Zoning Ordinance regarding viewsheds.
■ PMC will utilize visual simulations based on architectural renderings provided by the project
applicant to present the future impact to the gateway region resulting from the construction
of the proposed project. PMC will prepare the visual simulations for the proposed project.
An initial site visit will include collecting measurements, assessing the existing condition of
the site, and identifying and analyzing the landscape context. Photographs of the existing
condition will be taken and will be documented in relation to the existing condition survey.
This task will include walking the site to gain an understanding of the existing conditions
including topography, views to and from the site, and the general context of where the
property is located. We will utilize existing natural features and other methods to take site
photographs for the existing conditions based on predetermined locations by Palm Springs
City for use when developing simulations. In addition, existing surrounding structures will
be photographed for context imagery and perhaps to use on the final simulations. The
three dimensional modeling process consists of the construction of a digital model of the
site and building massing. The proposed structures will be modeled in massing form only
and will be "generic" in nature. A topographic map of the site and a preliminary site design
will be provided to the City. This phase will also be completed for one project alternative at
the same level of detail. The three dimensional model will be merged with the existing
photos and applicant renderings to create approximate illustrations of the project and the
alternative. This will include approximate placement of proposed landscaping elements
within the digital photographs.
■ In addition to visual simulations, PMC will qualitatively assess the anticipated impacts of
nighttime lighting of the project.
■ Mitigation measures will be identified for any significant visual resource impacts identified.
Air Quality
Palm Springs City is within the South Coast Air Quality Management District. The project is
within the jurisdiction of the South County Air Quality Management District (SCAQMD). The
SCQAMD Governing Board adopted the 2003 Air Quality Management Plan (AQMP) on
August 1, 2003. The 2003 AQMP updates the attainment demonstration for federal standards
for ozone and PM10; replaces the 1997 attainment demonstration for the federal carbon
monoxide (CO) standard and provides a basis for a maintenance plan for CO for the future;
and updates the maintenance plan for the federal nitrogen dioxide (NO2) standard that the
South Coast Air Basin has met since 1992. The revision of the AQMP points to the urgent
need of additional emissions reductions (beyond those incorporated in the 1997/99 Plan)from
all sources, specifically those under the jurisdiction of the California Air Resources Board and
the LIS EPA which account for approximately 80 percent of the ozone precursor emissions in
the Basin (www.aqmd.gov/aqmp/). We will provide an analysis of the potential air quality
impacts that may result from construction of the proposed project on two scales: the local
scale:and the regional scale. The analysis described below will be consistent with policies and
criteria of the South Coast Air Quality Management District.
Local impact analysis tasks would include:
• Emissions from equipment exhaust and wind blown dust. The potential for adverse
health effects or nuisance would be assessed
• Estimate carbon monoxide impacts near roadways and intersections most impacted by
project traffic using CALINE 4 program.
The step required to prepare the regional impact of the proposed project are:
• Prepare an analysis of regional changes in emissions due to construction of the project
based on regional travel data provided by the project transportation consultant and
utilizing the URBEMIS-2002 computer program
• Assess significance of regional impact using the thresholds of significance
recommended by the South Coast Air Quality Management District.
Valley Fever
Residents adjacent to the proposed project have expressed concern that grading operations
for the project may cause an increase in the incidence of "Valley Fever." Valley Fever is
caused by a fungus that lives in the soil and produces spores during wet conditions. After the
soil dries, the spores may be distributed by dust storms, close contact with the soil, agricultural
or construction grading. While many persons are not affected by the fungus, other individuals
may develop a very serious disease from an infection. Valley Fever is particularly prevalent in
California's Central Valley and Arizona areas, but may also be present in the Coachella Valley.
Persons with compromised immune systems may be particularly susceptible. PMC will
address this issue and will conduct the following items:
• PMC will prepare a list of Best Management Practices (BMP) in coordination with the
South Coast Air Quality Management District(SCAQMD). In addition, PMC will assess
significance of regional impact using the thresholds of significance recommended by
the South Coast Air Quality Management District.
• PMC will prepare a list of Mitigation Measures for the construction phase of the project
that shall be adopted to reduce the level of environmental significance.
Biological Resources
PMC: will coordinate the biological study for the project. PMC biologists will conduct an
independent evaluation of all existing biological resources reports and studies for their objectivity
and suitability for purposes of the preparation of the Biological Resources section of the EIR.
Applicable data from the U.S. Geological Survey (USGS), U.S. Fish and Wildlife Service
(USFWS) and California Department of Fish and Game (CDFG) will be analyzed and reviewed.
Pertinent information will be compiled and utilized in the document.
PMC: biologists will evaluate the following documents and information:
• Coordination Results with Federal and State Resource Agencies
The following tasks shall be preformed:
• Utilizing existing data from agencies and recent field surveys, a reconnaissance field
survey will verify existing conditions, examine areas of concern, and identify recent
changes in habitats for special-status species and wetlands. Field reconnaissance will
focus on habitat areas and locations where specials-status species and habitats exist or
may occur.
■ Describe relevant state and local regulations and policies associated with biological
resources. This would include the Palm Springs City General Plan, Palm Springs City
Zoning Ordinance provisions. This would include specific consideration of Palm
Springs City Zoning Ordinance Sections
■ Based on review of available technical reports regarding the project site and project
area, describe potential impacts to special-status species, habitats and resources of
local importance.
■ Identify mitigation measures for any significant biological resources.
Cultural Resources
PMC will develop the Cultural Resources section of the EIR. The cultural resources section will
include both archaeological and paleontological components and will include review of existing
archaeological work that has been done in the area. Construction activities associated with site
development may result in significant impacts on historic and cultural resources. The following
tasks shall be performed.
■ A record search and documentary research at local historical societies and City
agencies as dictated by project needs.
■ A sacred lands search conducted by the Native American Heritage Commission and
consultation with appropriate Native American groups/individuals and other interested
parties (e.g., local historical societies).
■ A search of the University of California, Berkeley Museum of Paleontology records to
determine the paleontological sensitivity of the project site.
■ Archaeological survey of the Area of Potential Effects (i.e., an approximately 20 acre
area) associated with the project and recording and/or updating of one archaeological
or historic site.
■ Discussion of relevant federal, state and local provisions regarding cultural resources.
■ Completion of a report and/or cultural resources EIR section documenting the results of
cultural resources and paleontological investigations that will conform to established
standards and guidelines. The length and detail of the report will reflect the results of
investigations.
Geology and Soils
Given the level terrain associated with the project site, no substantial geologic or soil impacts are
anticipated. However, the following tasks will be conducted to document the existing geologic
conditions of the site and its suitability for development.
• Describe the existing geologic and soil conditions of the project site and its features based
on existing documentation for the project area and region. This will include a description
of the soil suitability for site development.
• Identify relevant City policies and development standards associated with geologic stability
and soil conditions.
• Describe any mitigation measures required to address potential geologic and/or soil
stability issues associated with project development, including potential expansion of
existing wastewater disposal system associated with the SmokeTree Commons.
Hazards/Risk of Upset
Since the project does not involve demolition of older structures, the use of hazardous materials,
or construction adjacent to a site with use of hazardous materials, it is anticipated that no
substantial hazard issues will be identified in the EIR. The following tasks will be conducted.
■ PMC staff will perform a field review of the project site for any signs of hazardous materials
(e.g., vent pipes, stressed vegetation, etc). This review will include a review of City,
Regional, State and Federal records.
■ Review and analyze Phase I.
■ Identify any potential significant impacts and mitigation measures for any significant
hazards associated with site development.
Hydrology and Water Quality
Development of the project site could result in construction and operational water quality impacts if
not properly designed with appropriate water quality control features (Best Management
Practices). The project would also increase drainage flows in the project area from an increase in
impervious surfaces. The SmokeTree Commons projects have conducted technical studies
regarding future drainage flows.
The EIR shall describe the existing hydrologic conditions of the project area based on existing
documentation, drainage analysis provided by applicant and field review. This would include a
description of City drainage analysis. This would also include mapping of resources.
• Provide available information regarding groundwater conditions in the project area,
including well data
• Identify relevant City water resource policies and requirements as well as applicable state
and regional water quality control board standards. This would also include Palm Springs
City Zoning Ordinance.
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Evaluate project construction and operation impacts on water resources and groundwater.
Identify mitigation measures to address significant impacts.
Land Use and Planning
Specific tasks that will be conducted in the analysis will include the following:
• Describe the existing land use characteristics of the project area.
• Identify existing land use designations, zoning and relevant land use policies and
guidelines associated with the project area. The EIR will describe the project's consistency
with these provisions as required under State CEQA Guidelines Section 15125.
• Evaluate direct and indirect environmental effects associated with the proposed land use
change. The analysis shall focus on those effects that can result in a physical effect on the
environment. This would include consideration of whether development of the project
could result in blight conditions on existing businesses in the region.
• A fiscal impact analysis and/or a market study shall be utilized to adequately analyze the
potential impacts.
Noise
There is a potential for both short-term and long-term ambient noise increases to result. Short-
term noise issues will be anticipated during various construction related activities. Long-term
ambient noise issues are anticipated by the incremental increase in local traffic. The following
tasks will conducted, in conjunction with the technical noise study provided by LSA, for the
analysis:
Provide a description of existing noise setting conditions of the project area based on
existing data as well as noise measurements.
Identify relevant General Plan and Palm Springs City Zoning Ordinance noise standards.
The noise impact analysis will focus on if on-site activities or off-site project-generated
traffic results in a significant increase in ambient noise levels at existing noise-sensitive
land uses, or exceedance of the applicable noise standards. Specific noise sources to be
evaluated include loading docks, mechanical equipment, on-site truck circulation, parking
lot activity, and off-site traffic. The analysis of noise mitigation measures will focus on
specific recommendations for noise control aimed at reducing identified noise impacts to a
level of insignificance.
Population and Housing
Specific tasks to be conducted include the following:
• Describe the existing demographic and housing conditions of the project area and
surrounding area based on 2000 Census data, the applicant's Jobs/Housing Balance
report and other available materials.
■ Identify relevant General Plan and Housing Element provisions associated with the project.
■ Evaluate the direct and indirect environmental effects associated with impacts on
population and housing. The analysis shall focus on those effects that can result in a
physical effect on the environment.
Public Services and Utility Services
There is a potential for the project to impact public services and utilities that could result in
physical effects to the environment. The following tasks shall be completed:
• Consult with existing public service providers (fire, sheriff's department, schools, etc)
regarding the current status service provision in the project area. This will include any
current plans for expansion of services and/or infrastructure. This will include identification
of whether adequate water supply and infrastructure is available to the site.
■ Identify relevant General Plan policies associated with public service/utility provision.
• Evaluate the potential for the project to result in significant public service and utility
impacts. This shall focus on the potential environmental effects associated with public
service impacts.
• Provide analysis with respect to SB610
Traffic and Circulation
There is a potential for traffic increases to result in physical effects to the environment.
■ Evaluate the potential for the project to result in significant traffic and circulation impacts.
This shall focus on the potential environmental effects associated with access/flow to and
from the site.
■ The study will provide mitigation measures to impacts found to be potentially significant.
Cumulative Impacts
As required under the CEQA Guidelines, the potential impacts of the project combined with the
incremental effects of other approved, proposed and reasonably foreseeable projects in the
vicinity will be addressed. This will be based on lists of proposed, pending and approved projects,
to be: obtained from City Staff. The approach to assessing significance will be based on the
provision of Section 15065 of the State CEQA Guidelines which states that the effects of a project
must be "cumulatively considerable"to be considered significant. This will include quantitative and
qualitative assessment of cumulative effects of the project consistent with State CEQA Guidelines.
r
Effects Found Not To Be Significant
This section will include brief discussions of those topics that were found not to have significant
impacts associated with them.
Other CEQA Topics
This chapter will provide brief discussions of other topics specifically mandated by CEQA, as
follows: Unavoidable Significant Impacts; Significant Irreversible Changes; and Growth-Inducing
Impacts of the Proposed Project.
Project Alternatives
The EIR will contain a discussion of the following project alternatives:
• No Project (required under CEQA)
• On-Site Design Alternatives
• Off-Site Location Alternative
Each of the alternatives will be described in detail to provide a basis for the comparative impact
evaluation. (As discussed above, a draft description of alternatives will be prepared early in the
EIR preparation process for review and verification by City staff.) The analysis of alternatives will
be qualitative in nature, except where quantitative data is available. The analysis will compare the
alternatives to the proposed project, and will identify the environmentally superior alternative. A
summary table will be provided to facilitate easy comparison of impacts among the alternatives
and the proposed project.
Technical Appendices
The technical studies prepared for this EIR, plus any previously prepared studies which are
extensively relied upon in the EIR, will be included in a separate volume.
Printing and Delivery
Upon completion of the preliminary ADEIR, 5 copies of the ADEIR will be printed and delivered to
the City staff for their review. An electronic version (without the technical appendices) will be
provided should City staff wish.
Based on comments received from the City staff, the ADEIR will be revised. Five copies of the
revised document will be printed and delivered to the City staff for their review. The technical
appendices will not be reproduced, but any revisions to the technical studies will be submitted for
review.
Task 3 - Preparation, Production and Distribution of Draft EIR
Based on comments received on the Revised ADEIR, a preliminary Draft EIR will be prepared
which incorporates the changes requested. The revised pages of the document will be submitted
to the: City staff for their final review and concurrence prior to printing and circulation of the Draft
EIR. A total of 50 copies of the DEIR will be produced and submitted, along with one reproducible
copy, one electronic copy. The 45-day public and agency review period will commence once the
docurnents are submitted to the State Clearinghouse and made available for public review. PMC
will take responsibility for forwarding 15 copies of the DEIR, and 15 copies of the Technical
Appendices to the State Clearinghouse (including one electronic copy). It is assumed that the City
will distribute the DEIR to local agencies and interested parties, and will prepare and file the
required local notices.
PMC will plan on attending one public hearing on the DEIR. PMC will also be available, as an
optional work task, to attend one informational community meeting sponsored by the City with
neighboring property owners or other local groups to discuss the project(perhaps at the onset of
the project). This latter meeting may help provide the City with a valuable sense of howthe project
may be received by the community.
Preparation and distribution of all public hearing notices shall be the responsibility of the City.
Task 4 - Preparation, Production and Distribution of Final OR
During the 45-day review period, PMC will review the comment letters received and coordinate
with City staff to discuss the responses. PMC will then prepare draft responses to comments,
along with an EIR amendment section containing text corrections and revisions based on new
information received during the public and agency review process. Upon completion, the
Administrative Final EIR will be submitted to the City staff fortheir review. Based on the comments
received, final revisions to the document will be made. The Final EIR will include the summary of
impacts and mitigations from the DEIR, the comment letters, responses to comments, and the
errata section with text amendments. A total of 50 copies of the Final EIR will be submitted to the
City, along with a reproducible original and an electronic version.
Since it is difficult to predict the volume of comments that will be submitted on the DEIR or the
degree of controversy that the project will generate, the level of effort required to prepare
responses to the comments cannot be estimated with accuracy. We have estimated receiving up
to 20 letters of varying complexity. Based on PMC's past experience with similar projects, this
should be appropriate. However, if currently unforeseen efforts are required beyond this
allocation, additional budget may be required.
PMC will plan on attending up to one public hearing on the FEIR. We will submit five (5) hard
copies of the draft FEIR. After one round of review by City Staff, PMC will produce fifteen (15)
copies of the FEIR for City distribution, which will include the following:
• All comments received
• Responses to Comments
Task 5 - Mitigation Monitoring and Reporting Program and CEQA Findings
As part of the EIR preparation effort, a comprehensive Mitigation Monitoring and Reporting
Program (MMRP) will be prepared for the project pursuant to Section 21081.6 of the Public
Resources Code. PMC will coordinate with the City in designing the monitoring and reporting
program. The program will enumerate mitigation measures specified in the EIR, identify the
parties responsible, and indicate the time frame for implementation of monitoring for each
mitigation measure. PMC will provide the City with five (5) copies of the draft MMRP and after one
round of comments by City Staff, PMC will provide fifteen (15) hard copies and one (1) electronic
copy of the final MMRP.
PMC; will also prepare the required CEQA Findings for project consideration in coordination with
City staff. The format will be based on City input and will include a statement of overriding
considerations (if required).
Task 6 - Project Management and Meetings
The PMC Project Director and manager will attend up to eight project and public meetings on the
project as well as maintain regular contact with the City on the status of the project.
Project Approach and Staffing
PMC: will provide all the services necessary to complete the preparation of an Environmental
Impact Report (EIR) that will allow the City to take action on the proposed project within an
aggressive timeline (a focused entitlement process has been formally requested). To achieve this
objective, this proposed work program provides a scope of work broken out by specific work tasks.
We have provided a budget and project schedule that identifies the timeline to complete our work
commensurate with the desired aggressive schedule.
The project approach emphasizes use of available environmental information, while providing
specific studies that PMC believes are required in order to fulfill CEQA requirements. This
information will be integral to determining whether any significant impacts would be created by the
project that could not be mitigated to a less than significant level.
Patrick Angell, AICP, Senior Associate
Mr. Angell will serve as Project Director for the project. Mr. Angell serves as Project Director and
Project Manager for a variety of projects. Mr. Angell specializes in environmental and urban land
use planning, and has performed tasks for projects such as water and wastewater facilities,
energy facilities, flood control projects, residential subdivisions, mixed-use urban developments,
and redevelopment plans. Mr.Angell has been the project managerfor several EIRs throughout
the State of California.
Kevin Grant, Project manager
Mr. Grant will serve as Project Manager. As a Senior Planner, Mr. Grant responsibilities include
contract services within client agencies, policy document preparation, and environmental planning.
Mr. Grant has extensive experience with preparing EIRs.
Christina Keller, Environmental Planner
Miss Keller has extensive experience in CEQA/NEPA documentation. She has experience with
research, analysis and project management in support of environmental document preparation
and production, as well as long-range planning experience. Miss Keller has assisted a variety of
communities throughout Southern California with their environmental, urban land use planning,
and community development needs.
C
Alexis Stewart, Assistant Planner
Mrs. Stewart will provide research and document preparation support on the project. She has
experience with research, analysis and project management in support of environmental
document preparation and production.
John Nadolski, Cultural and Historical Resources Coordinator
With over 30 years of experience in cultural resource investigation and documentation, Mr.
Nadolski brings a wealth of understanding and expertise in Cultural Resources to the Project.
Cultural resources staff of PMC has previous experience in Palm Springs City and the surrounding
area. Mr. Nadolski has successfully managed several commercial development projects, and
meets the Secretary of Interiors Professional Qualifications Standards,
Joyce Hunting, Senior Biologist
Ms. Hunting will act as PMC's biological resources specialist. Ms. Hunting has more than 20 years
of technical and practical experience in working in California's diverse natural environments. She
has 14 years of experience in preparing and managing the preparation of environmental
documents that comply with the requirements of the National Environmental Policy Act (NEPA),
California Environmental Quality Act(CEQA), Federal Endangered Species Act(FESA), California
Endangered Species Act (CESA), California Public Utilities Commission, California Department of
Transportation, State Reclamation Board, and local jurisdictions.
Chris Jordan, Visual Resources
Mr. Jordan will act as PMC's visual resources specialist. Mr. Jordan will prepare visual simulations
from existing architectural renderings as provided by the project applicant.
PMC's administrative staff will also assist in document preparation (formatting), graphics
production and copying.
Subconsultants
PMC also proposes to utilize the following sub-consultant technical studies to assist in this
project:
• LSA has provided Traffic, Cultural Resources, Ceotechnical, Noise, Phase I
Environmental Assessment, and Air Quality studies.
• Development Resource Consultants, Inc provided the Drainage Report & Detention
Basin Calculations.
EXHIBIT "B"
SPECIAL REQUIREMENTS
NONE
EXHIBIT "C"
SCHEDULE OF COMPENSATION
The cost estimate is provided on the following page is based on the scope of work provided
above and the assumptions listed below.
Notes and Assumptions
1. One iteration of the Administrative Draft EIR is contemplated (ADEIR and Revised ADEIR).
2. It is assumed that the proposed project will not change significantly during the preparation of the
environmental document or the subsequent administrative and public review processes.Once the
technical studies for the EIR are underway, any project modification, which would result in the
need for, new or revised technical analysis would be considered a significant change to the
project and subject to a contract amendment. In addition, if the technical studies performed by
third parties retained separately by the City are deemed inadequate and require additional work,
then the budget will be subject to modification. If the technical studies are performed by the
Contractor or third parties under contract with the Contractor are deemed inadequate and require
additional work, then Contractor shall make such revisions at no cost to the City to ensure that
such studies are fully adequate and meet the standards of professional skill as provided in this
Contract.
3. Staff time budgeted for preparation of the Final EIR is listed in the cost estimate below. If
substantial additional efforts are required due to no fault of the Contractor, such additional efforts
may be subject to a modification of the consultant agreement depending upon the budget
remaining at the time.
4. Attendance at three public hearings, two staff meetings, 1 PC, and 1 CC by a PMC project
manager is included. None of Contractor's other technical subconsultants are expected to be
needed at the public hearings.
5. Any additional efforts that may be required in the preparation of the EIR, beyond those specifically
included in this Scope of Work and Budget will be subject to a modification of the consultant
agreement.
5. This Scope of Work and Budget are predicated on the assumption that the preparation and
processing of the EIR will proceed expeditiously without prolonged periods of inactivity that could
create inefficiencies due to stopping and restarting work.
If Contractor's detailed review of technical material provided by the City reveals data gaps,
inadequacies, or inconsistencies requiring supplemental technical analysis for
completeness under CEQA, it is assumed that upon request such supplemental technical
reports will be provided by the City.
A, detailed project cost not-to-exceed amount follows this page.
�ask Description Totals
:Project Initiation " : $1,900
Administrative Draft EIR $63,990
'Draft EIR $15,380
Final EIR $15,510
Mitigation Monitoring Program/Findings $3,670
Project Management and Meetings $10,090
,Project Total $11 0;540
Assumes up to 20 letters of varying complexity.
"Assumes 50 copies of DER and 15 copies of FEIR
'r Assumes City sends notices
ry • R
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
The following is the proposed schedule for completion of the EIR process.
:Project initiation' I week.
Preparation of Administrative Draft EIR 8 weeks
City Review : 2 weeks
Preparation of a Revised Administrative Draft EIR 2 weeks
City Review
Completion of Draft EIR I week
Public Review : � 6:5 weeks .
Administrative Final EIR 4 weeks
City Review , ` - -2 weeks
Final EIR 2 weeks
MIs,1RPand.CEQA Findings
' I-week
Total 30.5 weeks
Hills Regal & Hobbs
Professional Practice Insurance Brokers, Inc. , I 'J
2030 Main Street T
Suite 350
Irvine, CA 92614
USA
,r L
City of Palm Springs
Troy Butzlaff
Risk Management Dept.
3200 Tahquitz Canyon Way
Palm Springs, CA 92262 31' cr
USA
o
in
1
ro
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ACORDDATE(MM/DDIYY)
CERTIFICATE OF LIABILITY INSURANCE 08/25/05
PRODUCER 1-949-729-0777 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Hilb Rogal & Hobbs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Professional Practice Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2030 Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 350
Irvine, CA 92614 INSURERS AFFORDING COVERAGE
INSURED INSURERA Fidelity and Guaranty Insurance Underwriters
Pacific Municipal Consultants
INSURER B:Continental Casualty Company
10461 Old Placerville Rd., Ste. 110 INSURER St. Paul Fire and Marine Insurance Co.
Rancho Cordova , CA 95827 INSURER D: Fidelity & Guaranty Insurance Company
INSURER E
COVERAGE'S
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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.
INSq TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS
A GENERAL LIABILITY BK02160725 09/01/05 09/01/06 EACH OCCURRENCE $2,000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $300,000
CLAIMS MADE F-x]OCCUR MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $2,000,000
GENERAL AGGREGATE $4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $4,000,000
:::[POLICY-EX PRO LOC
D AUTOMOBILE LIABILITY BAC2161761 09/01/05 09/01/06
COMBINED SINGLE LIMIT $1,000,000
X ANV AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per Person) $
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 EAACC $
AUTO ONLY: AGO $
A EXCESS LIABILITY 13K02160725 09/01/05 09/01/06 EACH OCCURRENCE $2,000,000
X OCCUR CLAIMS MADE AGGREGATE $2,000,000
DEDUCTIBLE $
RETENTION $ $
C WORKERS COMPENSATION AND 13W02160707 09/01/05 09/01/06 X I WRy IMIT ITR-
EMPLOYER'u'LIABILITY E.L.EACH ACCIDENT $
E.L.DISEASE-EA EMPLOYE $1,000,000
E.L.DISEASE-POLICY LIMIT $1,000,000
OTHER
B Professional Liability MCA254079593 09/15/04 09/15/05 Per Claim $1,000,000
$
$
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Certificate Holder is named as an Additional Insured per attached endorsement.
All operations of the named insured.
The City of Palm Springs, its officers, employees and agents, and their respective insurers.
PMC Project - Interim Professional Staffing - Director of Planning Services
CERTIFICATE'.HOLDER Y ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL EIWW14)WY4 MAIL 30 DAYS WRITTEN
Troy Butzlaff NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Risk Management Dept. Nx
3200 Tahquitz Canyon Way
Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE
USA
ACORD 25-S(7/97) coralim @ ACORD CORPORATION 1988
3335066
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Page 1 of 2
LIABILITY COVERAGE ENHANCEMENT
ARCHITECTS AND ENGINEERS
ENDORSEMENT
Name Insured: Pacific Municipal Consultants Policy No: 13K02160725
Additional Insured: The City of Palm Springs, its officers, employees and agents, and their respective
insurers.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
LIABILITY COVERAGE PART
1. The following replaces the final paragraph of SECTION H.WHO
IS AN INSURED,1.:
However,no person or organization is an insured with respect to (2) "Bodily injury,""properly damage," "personal injury"
the conduct of any current or past partnership,joint venture, or"advertising injury"for which such person or
limited liability company or trust that is not shown as a Named organization has assumed liability in a contract or
Insured in the Liability Coverage Part Declarations. This agreement,except for liability for damages that such
provision does not apply to you,for your participation in any person or organization would have in the absence of
past or present"unnamed joint venture,"or if that person or the contract or agreement;
organization is otherwise an insured under Paragraph 2.below.
2. The following is added to SECTION II.WHO Is AN INSURED,2.: (3) "Property damage"to:
(a) Property owned,used or occupied by,or loaned
or rented to,such person or organization;
Person Or Organization Required By Written Contract (b) Property over which such person or
organization is for any purpose exercising
physical control;or
(c) "Your work'performed for the insured; or
Any person or organization that you agree to add as an insured (4) `Bodily injury,""property damage," "personal
under this Liability Coverage Part in a written contract or injury"or"advertising injury"arising out of any
agreement that is made before, and in effect when,the"bodily architect's, engineer's or surveyor's rendering
injury"or"property damage"occurs or the offense that causes of,or failure to render, any"professional
the"personal injury"or"advertising injury"is first committed, service,"when such person or organization is an
but only with respect to that person's or organization's liability architect,engineer or surveyor.
arising out of"your work"for that person or organization.
However, such person or organization is not an insured with 3. The following is added to SECTION H.WHO IS AN
respect to any: INSURED:
(1) "Bodily injury,""property damage,""personal injury"or "Unnamed Joint Venture"
"advertising injury"that does not arise out of:
(a) Your negligence;or You are an insured for your participation in any past or
present"unnamed joint venture."
(b) The negligence of another person or organization However,you are not an insured if the"unnamed joint
for whom you are liable; venture"has:
a. Direct employees;or 4. The following replaces SECTION III.LIMITS OF LIABILITY,
2.b.:
It. Owns,rents,or leases any real or personal property.
No other member or partner,or their spouses,of any past or b. Will apply separately to the sum of all:
present"unnamed joint venture"is an insured.
(1) Damages because of"bodily injury"and
"property damage,"under SECTION I.
COVERAGE,A.Liability above; and
(2) Medical payments for"bodily injury,"under
SECTION I.COVERAGE,B.Medical Payments
St.Paul Form CL/BF 26 09 09 03
Page 2 of 2
above;
arising out of each location listed in the Schedule of However,we waive any right of recovery and proceeds
Premises or each of"your projects;"and we may have against any person or organization that is
added as an additional insured under the paragraph
Person Or Organization Required By Written
Contract of SECTION II.WHO Is AN INSURED,2.:
5. The following replaces SECTION IV.CONDITIONS,5."Other a. Because of payments we make for"bodily
Insurance,"a.Primary Insurance,(2): injury,""property damage,""personal injury"or
"advertising injury"arising out of"your work"
in ongoing operations or included in the
"products-completed operations hazard";and
(a) Paragraph It.Certain Additional Insureds By b. Performed under a written contract or agreement
Contract or Agreement;or that is made before,and in effect when,the
"bodily injury"or"property damage"occurs or
the offense that causes the"personal injury"or
"advertising injury"is committed; and
(b) Persons Or Organizations Required By Written C. You specifically agree in such written contract
Contract; or agreement to waive those rights of recovery
and proceeds for such person or organization.
if you specifically agree,in that written contract or 8. The following are added to SECTION V.DEFINITIONS.
agreement,that this insurance must be primary to,
and non-contributory with, such"other insurance." "Unnamed joint venture"means any joint venture in
This insurance will then be applied as primary which you are a member or partner where:
insurance for damages for"bodily injury,"
"property damage,""personal injury"or
"advertising injury"to which this insurance applies
and that are incurred by such person or
organization,and we will not share those damages
with such"other insurance."
a. Each and every one of your co-ventures in that
joint venture is an architectural,engineering or
surveying firm;and
6. The following is added to SECTION IV.CONDITIONS,5."Other b. That joint venture is not named in the Liability
Insurance,"b.Excess Insurance: Coverage Part Declarations.
This insurance is excess over an"other insurance" "Your premises"means any premises,site,or location
whether primary,excess,contingent or on any other basis owned or occupied by,or rented to,you.
that is available to you for your participation in any past
or present"unnamed joint venture."
"Your project:"
(2) However,this insurance will be considered primary a. Means any premises,site or location at,on,or in
to, and non-contributory with, "other insurance" which"your work"is not yet completed;and
issued directly to a person or organization added as
an addition insured under SECTION H.WHO Is AN
INSURED,2.:
b. Does not include"your premises"or any
location listed in the Schedule of Premises.
7. The following is added to SECTION IV.CONDITIONS,8.
Transfer Of Rights Of Recovery And Proceeds
Against Others To Us:
NOTICE OF CANCELLATION. If we cancel this policy for any reason other than non-payment of premium, we will mail written notice at
least 30 days before the effective date of cancellation to the Additional Insureds on file with the company. If we cancel this policy for
non-payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional insureds
on file with the company.
St.Paul Form CLEF 26 09 09 03
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
This endorsement changes the policy to which it is attached effective on inception date of the policy unless
a different date is indicated below.
(The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement,effective 12:01 BM forms a part of Policy No. BW02160707
Issued to: Pacific Municipal Consultants
By: St. Paul Fire and Marine Insurance Co.
Premium: INCL
We have the 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 %of the California workers' compensation
premium otherwise due on such remuneration.
Schedule
Person or Organization
The City of Palm Springs, its officers, employees and agents
and their respective insurers.
Job Description
Interim Professional Staffing —Director of Planning Services
WC 04 03 06 Countersigned by Ao__X�
(Ed.4-84) Authorized Representative
-
a.
MEMORANDUM
ti
TO: Marilynn Hannon
Administrative Assistant
FROM: Kathie Hart, CIVIC
Chief Deputy City Clerk
DATE: December 14, 2005
SUBJECT: Pacific Municipal Consultants, Incorporated
A5136 (MO 7719, 07/20/05)
EIR— Smoketree Commons Project
Attached are two duplicate original copies of the above referenced agreement for distribution.
We have retained the original our files.
Please feel free to contact me if there are any questions, ext. 8206.
/kdh
attach.