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HomeMy WebLinkAbout2/4/2009 - STAFF REPORTS - RA.3. ;OFpAI.M SA4 c V n °•.o,..,o`"'`P COMMUNITY REDEVELOPMENT AGENCY STAFF REPORT DATE: February 4, 2009 LEGISLATIVE SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND TERRA NOVA PLANNING & RESEARCH, INC. AND A BUDGET RESOLUTION. FROM: David H. Ready, Executive Director BY: Community & Redevelopment Agency SUMMARY The action approves an agreement with Terra Nova Planning & Research, Inc. for the purpose of providing specific consulting services for the environmental review and planning for the College of the Desert—Western Coachella Valley Campus in the City of Palm Springs, and a Budget Resolution appropriating the additional funds necessary for the project. RECOMMENDATION: 1. Adopt Resolution No. , "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $436,850.00 WITH TERRA NOVA PLANNING & RESEARCH, INC., A CALIFORNIA CORPORATION." 2. Adopt Budget Resolution No.—IN THE AMOUNT OF $250,000 FROM MERGED AREA#1 FUND BALANCE. 3. AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS RELATED TO THE AGREEMENT. STAFF ANALYSIS: The College of the Desert Board of Trustees selected Palm Springs for the Western Coachella Valley Campus in September 2007. On November 14, 2007, the City Council approved an Exclusive Agreement to negotiate with the Desert Community College Item RA3 . City Council Staff Report February 4, 2009)-- Page 2 (COD—Terra Nova) District regarding the site for the college. Since that time, Redevelopment Agency staff has been working with the College and its Consultants — Public Private Ventures to develop the master plan needed to affect the land acquisition and the eventual development of the Western Coachella Valley Campus. Through the Community Redevelopment Agency, the City committed funds (Resolution 21931) to undertake the master planning of the facilities for the purpose of meeting the requirements to acquire the land from the Bureau of Land Management, and the development entitlement process for the campus, and all necessary environmental analysis under NEPA and CEQA. The City also committed to undertake a specific plan process, which will include the Campus Conceptual Plan and portions of the Desert Highland Neighborhood. This Professional Services Agreement with Terra Nova is to facilitate and implement various phases of the campus development. The Scope of Work includes but is not limited to: preparing a community plan or specific plan; conducting necessary environmental reviews in conformance with CEQA and NEPA; developing associated environmental documentation for the campus master plan; and related administrative support. It is the objective of both the College of the Desert and the Redevelopment Agency to expedite the development of the first phase of the campus. The environmental review services to be provided by Terra Nova are integral in developing the Western Coachella Valley Campus- The Procurement & Contracting Division, in cooperation with Community & Economic Development staff, issued a Request for Proposals (RFP 06-09) on 9/11/08, posting to the city's website, advertising in the Desert Sun and sending the Notice electronically to 31 potential firms. Fourteen (14) proposals were received by the 10/17/08 due date and an evaluation committee consisting of city staff, Planning Commission members, and a local architect carefully reviewed and short-listed the following five (5) firms for interviews on 12/12/08: The Arroyo Group, Terra Nova Planning & Research Group, RFB Consulting, Gafcon, and the IBI Group. The Arroyo Group, of Pasadena, CA, was the highest ranked firm; however negotiations were not successful due to the inability to reach an agreement on the cost proposal. Pursuant to state law and our procedures for the acquisition of professional services based on qualifications, the city then entered into negotiations with the second ranked firm, Terra Nova Planning & Research Group, of Palm Springs, CA. Negotiations were successful and staff recommends the Agency approve the contract in the amount of $436,850,00, and authorize the Executive Director to execute the Contract Services Agreement as to a form acceptable to the City Attorney. FISCAL IMPACT: There will be no direct impact to the General Fund. Funds are available in Merged Project Area #1 for the $436,860 contract. A Budget Resolution appropriating $250,000 is requested to complete the funding of the contract, with $230,000 having already been set aside for the project- 62 City Council Staff Report February 4, 2009)-- Page 3 (COD—Terra Nova) Tom Wilson Cathy Van H rn, Administrator Assistant City Manager Economic b velopment David H. Ready, City24anhV6F Attachments: Resolution Budget Resolution Contract Service Agreement - F � RESOLUTION NO. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $436,850.00 WITH TERRA NOVA PLANNING & RESEARCH, INC., A CALIFORNIA COPRORATION. WHEREAS, The Community Redevelopment Agency of the City of Palm Springs adopted Resolution Nos. 21518 and 21931 expressing its support and commitment to a proposed campus site; and to apply to the Bureau of Land Management to acquire a 115 acre site for the future campus of the West Valley Education Center of College of the Desert; and WHEREAS, The City through the Community Redevelopment Agency committed to undertake the master planning of the facilities, the entitlement process for the campus, all necessary environmental analysis under NEPA and CEQA; and a specific plan, and WHEREAS, The Community Redevelopment Agency of the City of Palm Springs has determined that there is a need for professional services to conduct necessary planning services, and environmental reviews in conformance with CEQA and NEPA for the acquisition of land and phased implementation of the College of the Desert — Western Coachella Valley Campus (the "Project"); and preparation of a community plan or specific plan, which integrates the Western Coachella Valley Campus with the surrounding neighborhood; and WHEREAS, Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services; and WHEREAS, Agency desires to retain Consultant to provide such professional services. THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS. Section 1. Terra Nova Planning & Research, Inc_ has met the Agency's requirements to be an organization in good standing. Section 2. The Agency approves the funding request in the amount of $436,850.00 and a Contract Service Agreement in a form acceptable to the Agency Counsel. Resolution No. Page 2 ADOPTED THIS 4"' day of February, 2009 David H. Ready, Executive Director ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the Community Redevelopment Agency of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California r � RESOLUTION NO. A RESOLUTION OF THE COMMUNITY REDEVELOMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE FISCAL YEAR 2008-09, WHEREAS, Resolution No. 1365 approving the budget for the fiscal year 2008-09 was adopted on June 18, 2008; and WHEREAS, the City Manager/Executive Director has recommended, and the Agency Board desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 1365, adopting the budget for the 2008-09 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount 811 Terra Nova 8191-65194 $250,000 Planning & Research, Inc. Purpose: To provide funding for downtown consulting services. SECTION 2. SOURCE Fund Activity Account Amount 811 Fund Balance 8191-29301 $250,000 ADOPTED this 4th day of February, 2009 David H. Ready, Executive Director - Jai Resolution No. Page 2 ATTEST: James Thompson, Assistant Secretary CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, Assistant Secretary of the Community Redevelopment Agency of the City of Palm Springs, hereby certify that Resolution No.1344 is a full, true and correct copy, and was duly adopted at regular meeting of the Community Redevelopment Agency of the City of Palm Springs on the 4m day of February 2009, by the following vote.- AYES! NOES: ABSENT: ABSTAIN: James Thompson, City Clerk Community Redevelopment Agency City of Palm Springs, California PROFESSIONAL SERVICES AGREEMENT (Terra Nova Planning & Research, Jim.) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this day of 200, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "Agency") and Terra Nova Planning & Research, Inc. a California Corporation, (hereinafter referred to as "Consultant"). Agency and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties. RECITALS A- Agency has determined that there is a need for professional services to conduct necessary planning services, and environmental reviews in conformance with CEQA and NEPA for the acquisition of land and phased implementation of the College of the Desert Western Coachella Valley Campus (the "Project"); and preparation of a cormmunity plan or Specific Plan, which integrates the Western Coachella Valley Campus with the surrounding neighborhood- B. Consultant has submitted to Agency a proposal to provide planning and environmental services to Agency for the Project pursuant to the terns of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D- Agency desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work")- As a material inducement to the Agency entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder- For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognised as high Tcma Nova Plvwmg C Resr;,nh.Inc 2-4-09 1 68 quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the Agency's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the Agency ("Consultant's Proposal"), which shall all be referred to collectively,hereinafter as the "Contract Documents." The Agency's Request for Proposals and the Consultant's Proposal, which are both attached hereto as Exhibits "B" and "C," respectively, are hereby incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the Agency's Request for Proposals, and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1") the provisions of the Scope of Services (Exhibit "A"); (2"d) the provisions of the Agency's Request for Proposal (Exhibit "B"); (3`) the terns of this Agreement; and, (0) the provisions of the Consultant's Proposal (Exhibit "C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder_ 1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to Agency that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to Agency that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless Agency against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against Agency hereunder. 1.5 Familiarity with Work, By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be perfonmed, and (c) fully understands the facilities, difficulties, and restrictions attending perfonmance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the Agency of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Agency. Tenn Nova Plvnwn¢k li.seumh.Inc 2-4-09 2 _ 1.6 Care of Work. Consultant shall adopt reasonable methods during the tern of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the Agency, except such losses or damages as maybe caused by Agency's own negligence- 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. Agency 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 such Work. No such extra work may be undertaken unless a written order is first given by the Agency to the Consultant, incorporating therein any adjustinent in (i) the Maximum Contract Amount, as defined below, and/or(ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to twenty- five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the Executive Director, or his designee, as may be needed to perform any extra work- Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs Agency Board. It is expressly understood by Consultant that the provisions of this section shall not apply to the 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 Services exceeds any time or material amounts or estimates provided therein. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by Agency in accordance with the Schedule of Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by reference, but not exceeding the maxirnurn contract amount of Four Hundred Thirty Six Thousand Eight Hundred Fifty Dollars, (S436,850.00) (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in Exhibit "D-" Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the Agency. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings_ Consultant hereby acknowledges that it accepts the risk that the services identified in the Scope of Services may be more costly and/or time- consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefor, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of Agency's payment Tem Nova Planning R.RcscanAy Inc 2-4-09 3 obligation under this section is the amount specified herein. if the Agency's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, consultant shall nevertheless complete the Work without liability on the Agency's part for further payment beyond the Maximum Contract Amount- 2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the Agency, in a form approved by the Agency's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the Agency. Agency shall use reasonable efforts to make payments to Consultant within forty-live (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Sco rye. In the event any change or changes in the Scope of Services is requested by the Agency, the Patties shall execute a written amendment to this Agreement, setting forth with particularity all terns of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily fumished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Palm Springs Agency Board for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the Agency- 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement, The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance (Exhibit"E"). 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreemment upon receipt of a written notice to proceed and shall perform all Services within the tirne period(s) established in the Schedule of Performance, which is attached hereto as Exhibit "E" and is incorporated herein by this reference. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the Agency shall not be obligated to grant such an extension- Tcrn Nova Plmuliug&RcSccrch,hic 2-4-09 4 ..� 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the Agency, if Consultant, within ten (10) days of the commencement of such delay, notifies the Executive Director in writing of the causes of the delay. The Executive Director 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 Executive Director such delay is justified. The Executive Director's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the Agency for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "E") and pursuant to Section 3.2 above, unless extended by mutual written agreement of the Parties. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: John D. Criste, AICP, Principal Planner/Project Manger_ It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the tern of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder_ The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the Executive Director of Agency, and is subject to change by the Executive Director. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the Agency required hereunder to carry out the terms of this Agreement- 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for Agency to enter into this Agreement. Therefore, Consultant Torts Nova Planning&Research.Inc 2-4-09 5 1-2 shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of Agency- Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and Agency. All persons engaged in the Work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed,hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of Agency. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of Agency- 4.4 Independent Contractor. A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant an Agency employee- During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as Agency officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor- any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement- Consultant, its officers, employees, of agents shall not maintain an office or any other type of fixed business location at Agency's offices. Agency shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting there, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. Agency shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant- B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against Agency, or bind Agency in any manner. C. No Agency benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for the perfonmance of Services under this Tona Nova Planning&Rcscamli Inc 2-4-09 6 h Agreement. Agency shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder- If for any reason any court or governmental agency detennines that the Agency has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify Agency for all such financial obligations. 5. INSURANCE 5.1 Types of insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to Agency, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the Agency Manager determines that the Work or Services to be perforrned under this Agreement creates an increased or decreased risk of loss to the Agency, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Executive Director or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows_ A. Errors and Omissions Insurance- Consultant shall obtain and maintain in full force and effect tluoughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars (SI,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the Agency that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement- (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement_ The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new tamer or other insurance arrangements providing for complete Tcm Nova Plmnung&Rcecarch,Inc 2-4-09 7 _1 14 coverage, either of which shall be subject to the written approval by the Executive Director. (3) In the event the policy of insurance is written on an "occurrence' basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terns of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements fiom its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the Agency and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the Agency's Request for Waiver of Workers' Compensation Insurance Requirement Form- C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile hrsurance. Consultant shall obtain and maintain, in full force and effect throughout the tern of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars- E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the tenn of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director prior to commencing any work or services under this Agreement- Consultant guarantees payment of all deductibles and self-insured retentions. Agency reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the Executive Director may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. Tern Noon RLmning F Rcwam +.Inc)-a-OB $ i 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance politics required of Consultant pursuant to this Agreement-. 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects Agency and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Agency and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to Agency and its officers, council members, officials, employees, agents, and volunteers. 5-3-3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the Agency or its operations shall limit the application of such insurance coverage. 5-3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the Executive Director and approved in writing- 5-3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5-3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the Agency for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part Tem Now 111 vumy.0 Rece=h Inc 2-4-09 9 `�' of the Agency to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the Agency nor does it waive any rights hereunder in this or any other regard_ 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration- Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to Agency no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive- 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section- 5.3.11 Consultant agrees to provide immediate notice to Agency of any claim or loss against Consultant arising out of the Work performed under- this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. Agency assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve Agency, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible_ 5.4 Sufficienev of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the Executive Director or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish Agency with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be 'term Nor Rcscir;h,Inc 2-4-09 10 received and approved by the Agency before work commences. Agency reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance politics at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the Community Redevelopment Agency of the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The Community Redevelopment Agency of the City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract Na" or "for any and all work performed with tlx Agency" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the Agency may have..." ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the Agency" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out_ 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of Agency, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the Community Redevelopment Agency of the City of Palm Springs shall be named the certificate holder on the politics. All certificates of insurance and endorsements are to be received and approved by the Agency before work commences_ All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the comnnencement of work shall not waive the Consultant's obligation to provide them. G. INDENINIk'ICATION To the fullest extent permitted by law, Consultant shall inderxmify, defend (at Consultant's sole cost and expense), protect and hold harmless Agency and its officers, council members, officials, employees, agents and volunteers and all other public agencies whose approval of the Project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders, and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to Teas Nova Planning F Research.Inc 2409 11 property, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless, or willful performance of or failure to perform any term, provision, covenant, or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness, or willful misconduct of the Agency, its officers, council members, officials, employees, or agents. Consultant shall reimburse the indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the hidemnified Party that may arise out of pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. In the event a final judgment, arbitration award, order, settlement, or other final resolution expressly determines that Claims did not arise out of pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any extent, then Agency shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except Agency shall not reimburse Consultant for attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than ludermiified Parties against such Claims_ Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7. REPORTS AND RECORDS 7.1 Accountin¢ Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the Agency is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement, For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techrniques, or events that may or will materially increase or decrease the cost of the Work or Tcrra Nova Planning&Research,Inc 2-4-09 12 .� Services contemplated herein or, if Consultant is providing design services, the cost 'of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents, All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of Agency and shall be promptly delivered to Agency upon request of the Contract Officer or upon the tennination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the Agency's sole risk and without liability to Consultant, and the Agency shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to Agency of any documents or materials prepared by them, and in the event'Consultant fails to secure such assignment, Consultant shall indemnify Agency for all darnages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of Agency, Consultant shall provide Agency, or other agents of Agency, such access to Consultant's books, records, payroll documents, and facilities as Agency deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by Agency hereunder. S. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees Tcrta Nova Planning&Rcecarch,Inc 2.4.09 13 G6r to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretaation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any tole of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. Agency may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice- Upon such notice, Agency shall pay Consultant for Services performed through the date of tennination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the Agency under- this Agreement- Upon termination of the Agreement pursuant to this section, Consultant shall submit to the Agency an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the Agency, except that where termination is due to material default by the Agency, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. B. If the Executive Director, or his designee, detennines that Consultant is in default in the performance of any of the terns or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as Agency may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which Agency may be entitled at law, in equity, or under this Agreement- Consultant shall be liable for any and all reasonable costs incurred by Agency as a result of such default- Compliance with the provisions of this section shall not constitute a waiver of any Agency right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit Agency's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, Agency may, after compliance with the provisions of Section 8.43, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the Agency shall use Teen Nova Planning S Rcscarcli Inc 2-4-09 14 h • y Y reasonable efforts to mitigate such damages), and Agency may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the Agency as previously stated- The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or tern contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or teens contained in this Agreement be construed as changing the terns of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deerned to be the prevailing Party in such litigation or proceeding. 9. AGENCY OFFICERS AND EMPLOYEES: NONDISCRIMINATION 9.1 Non-liability of Agency Officers and Employees. No officer or employee of the Agency shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the Agency or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terns of this Agreement. 9.2 Conflict of Interest. No officer or employee of the Agency shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or Terra Neva Planning&Mcamh,Inc 2-4-09 15 22 indirectly, interested in violation of any state statute or regulation. Consultant warrants that is has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant A¢ainst Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, or sexual orientation. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, national origin, or sexual orientation.. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other fonnns of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Convriaht Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by Agency or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against Agency on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify Agency if the suit or claim results from: (1) Agency's alteration of a deliverable, such that Agency's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright- B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemmify Agency under any settlement made without Consultant's consent or in the event Agency fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to Agency, shall obtain for Agency the right to use and sell the item, or shall substitute an equivalent item acceptable to Agency and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by Terra Nova Planning&Rase itch,Inc 2.4.09 16 -.. 23 facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-tight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant iessages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Agency: Community Redevelopment Agency of the City of Palm springs Attention: Executive Director&Assistant Secretary 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile.- (760) 323-8332 To Consultant: Terra Nova Planning& Research, Inc- 400 South Farrell Drive Palm Springs, Ca 92262 Attention: John D. Criste, A1CP Telephone: 760-320-9040 Facsimile: 760-322-2760 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees, 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto, T,,r Nova Plouvmg a MLyeo,;h,Inc 24-09 17 ,� 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same- 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. Tema Nova Plannmp&Ite,.e,irch.Inc 2-4-09 IN WITNESS WHEREOF, the Agency and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CA. By By Assistant Secretary Executive Director Date: Date: APP OVED AS TO FORM: APPROVED BY CITY COUNCIL: B Date: Agreement No. ency�oyncil � f' Date: f•�.G •�q Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR NAME: Check one_Individual_Partnership_Corporation Address By By Signature(Notarized) Signature(Notarized) Terra Nova Planning.,Research,Inc 2-4-09 19 L EXHIBIT "A" SCOPE OF SERVICES SEE NEXT PAGE 21 6 7 EXHIBIT"A"Scope of Services Terra Nova Planning&Research,Inc. COD W VC SOQ&Services Proposal C. Preliminary Scope of Services As discussed in our approach and methodology section, there will be some overlap as early phases are initiated. Each phase has specific tasks that must be accomplished; they establish the basis for Terra Nova's scope of work, which is set forth below. The following scope briefly describes on a categorical basis the services to be provided by Terra Nova and how we will facilitate meeting the project's goals, The tasks have been broken down into discrete subtopics ranging from research and consultations, through NEPA and CEQA review EAs and preparation of the Specific Plan and associated EIR. Project facilitating is integral to all these tasks. Phase I: BLM Land Sale/Conveyance It is understood that the local office of the BLM will work cooperatively with the City and COD, and will help facilitate the sale or exchange of the subject lands to the City. While there may be the possibility of phased acquisition of these lands from BLM, it would appear that all the land planned for inclusion in the transaction between the City and BLM may be initiated at once.Terra Nova will provide the following services and conduct the following tasks- LA. Consult and coordinate with City, COD and BLM staff and help to facilitate the completion of the requisite BLM Mineral Report, Land Appraisal and amendments to City application materials. LB_ Coordinate with City staff, COD project designers, and provide planning and analytical support for the preliminary COD WVC campus and City preliminary park plan. The initial goal will be the development of a schematic master plan sufficient for approximate delineation of future College and City lands and uses. The schematic master plan will then serve as the basis for the BLM land conveyance and development of the detailed campus plan and the College Park Specific Plan. LC. Coordinate closely with the BLM and prepare a Draft Environmental Assessment (EA) on the proposed land use plan, sale/exchange action and alternatives. The BLM will use the EA as part of the basis for the land transaction. The BLM EA will be prepared in accordance with the National Environmental Policy Act(NEPA) and BLM's NEPA handbook. I.D. Contract for and manage the preparation of a property-wide cultural,historic and paleontological resources assessment for the 142-acre campus and park site. The assessment shall include a literature search, a sacred lands record search and Tribal consultations, consultations with the BLM archaeologist and securing field survey authorizations. This task shall also include historical background research using archival materials and early maps depicting the Area of Potential Effects (APE) to ascertain its history and/or use. The survey protocol and report shall conform to Section 106 of the Historic Preservation Act, including a geomorphologic literature and map search to determine the prehistoric and historic landscapes and possible human use of those landscapes. LE. Contract for and manage the preparation of a biological resources assessment for the 142-acre campus and park site. The assessment shall include a literature search, consultations with wildlife agencies, BLM biologists and the Coachella Valley CVCC staff. No species-specific surveys are anticipated at this time. The survey protocol and report shall conform to those prevailing at the time of the surveys. LF. On behalf of the City, Terra Nova shall contract for the preparation of a Record of Survey and a topographic survey consistent with parameters set forth by NTD(campus Architects). 28 i Terra Nova Planning&Research,Inc. COD WVC SOQ&Services Proposal I.G. Conduct a preliminary air quality analysis, including a federally mandated Air Quality Conformity Analysis, which demonstrates that the proposed action is in conformance with applicable federal standards and state implementation plans (for PMIO and ozone in the Coachella Valley). I.H. Coordinate with the BLM, City and COD in advertising and holding a public scoping meeting on the proposed land transaction. Public comments will be incorporated in the NEPA EA document. Phase IT: City/COD Disposition&Development Agreement (DDA)& City CEQA IS/MND Either concurrently or in sequence with land acquisition efforts, the City and COD shall jointly develop the master land use plan for the 142-acre campus and park site, and shall establish the parameters for conveyance of lands to COD. The parties shall also negotiate the full range of issues associated with this long-term arrangement, including provisions for shared access, in-kind contributions of iii(rastructure, roadway improvements, etc, The results of these plans and negotiations shall be incorporated into a Draft DDA. The Preliminary Master Plan to be,prepared to facilitate the BLM land acquisition(see Phase I) may also serve the DDA and define the first phase of COD acquisition and development. With the agreement and Preliminary Master Plan as a project description, The City and Terra Nova can prepare a CEQA Initial Study/Mitigated Negative Declaration (IS/MVD) that can serve both the City and COD in approval of the DDA and preliminary plan. Terra Nova will provide the following services and conduct the following tasks for Phase II: II.A. Consult and coordinate with City, COD and BLM staff and help to facilitate clarification of terms, conditions and provisions for the DDA, consult and coordinate parties in the development of the preliminary campus and parks master plan, and develop a Project Description for environmental analysis; II.B. Coordinate closely with the City and COD and prepare a CEQA-compliant expanded Initial Study and Mitigated Negative Declaration (Expanded Environmental Assessment (EA)) on the DDA&Preliminary Master Plan; II.C. Conduct a desktop traffic impact analysis,which quantifies future traffic volumes and establishes preliminary mitigation measures, which can be incorporated into the DDA or other City/COD agreement. Said analysis shall be conducted in close coordination with City Public Works, and mitigation may include provisions for subsequent campus and park master plans, and the preparation of the College Park Specific Plan; II.D. Conduct a preliminary air quality analysis, which demonstrates that the proposed action is in conformance with applicable state and federal standards and state implementation plans (for_ PM10 and ozone in the Coachella Valley); II.E. Prepare draft City and COD staff reports, as well as public notices, for the subject Phase 11 action, and provide administrative support to facilitate project processing, including notice slid document transmittals and posting; II.F. Terra Nova staff shall attend the public meetings and hearings associated with this Phase II action, and shall be available to otherwise assist and facilitate the City's processing of this project. 29 20 EXHIBIT "B" .AGENCY'S REQUEST FOR PROPOSALS CITY OF PALM SPRINGS, CA NOTICE INVITING PROPOSALS For C.O.D. PLANNING AND ENVIRONMENTAL REVIEW SERVICES (RFP 06-09) NOTICE. IS HEREBY GIVEN that Request for Proposals (RFP) 06-09, for providing Professional Planning and Environmental Review Services for the City of Palm Springs College of the Desert (C.O.D) project, will be received at the office of the Procurement Manager, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 2:00 P.M. Local Time, MONDAY, OCTOBER 13, 2008. It is the responsibility of the Proposer to see that any proposal sent through the mail, or any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will not be accepted and will be returned to the Proposer unopened. Proof of receipt before the deadline is a City of Palm Springs, Division of Procurement and Contracting time/date stamp. Telegraphic, telephonic or other electronic transmission of Proposals will not be accepted. DESCRIPTION OF WORK: The City of Palm Springs Community Redevelopment Agency is working with the College District consultants to develop the master plan for the new college campus in Palm Springs and identify potential joint use facilities, as well as athletic and other recreational uses. The primary purpose of this RFP is to hire a professional firm to prepare necessary environmental reviews and develop associated documents for the campus master plan, a specific plan, and provide related administrative support. OBTAINING RFP DOCUMENTS AND REGISTRATION AS A PROPOSER: The RFP documents may be downloaded via the internet at www.palmsprings-ca.gov (go to Departments, Procurement, Open Bids & Proposals). If you are interested in submitting a proposal, it is IMPERATIVE that you contact Cheryl Martin, Procurement Administrative Coordinator, via email at CherVLMartinapalmsprings-ca.gov or by phone at (760) 322-8373 to ofiiciallV register as a Proposer for this specific project with your company name, address, phone, fax, contact person and email address. Failure to officially register may result in not receiving addenda to the RFP. EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposal (RFP) format. Proposers should take note that multiple factors will be considered by the City in awarding the Contract. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee the pricing offered for a period of 90 calendar days from the due date of proposals. Craig L. Gladders, C.P.M. Procurement and Contracting Manager September 11, 200$ 22 CITY OF PALM SPRINGS 2.% F���, � REQUEST FOR PROPOSALS # 06-09 FOR C,O.D. PLANNING AND ENVIRONMENTAL REVIEW SERVICES I. BACKGROUND AND PURPOSE The College the Desert Board of Trustees selected a site in Palm Springs for the Western Coachella Valley Campus. The City of Palm Springs Community Redevelopment Agency is working with the College District Consultants to develop the master plan for the new college campus and identify potential joint use facilities, as well as athletic and other recreational uses. In order to facilitate and implement various phase of the campus development, the services of a professional firm is needed to prepare necessary environmental reviews and develop associated documents for the campus master plan, a specific plan, and provide related administrative support. The site for the new Western Coachella Valley Campus comprises of 142 acres at the northwest corner of Indian Canyon Drive and Tramview Road. The site consists of three parcels: Parcel 1: 115 acres of undeveloped land owned by the Bureau of Land Management; Parcel 2: 20 acres of developed park land owned by the City of Palm Springs; and Parcel 3: 7 acres of undeveloped park land owned by the City of Palm Springs. The 27 acres (Parcel 2 & 3) are in the Campus proposal as joint use facilities. The 115 acres will be acquired from the Bureau of Land Management by the City and conveyed to the College District through the Recreation & Public Purpose Act (RP&P Act). The City and Bureau of Land Management may also consider a partial direct purchase of land and the balance acquired through the RP&P Act process. In order to complete an acquisition of land regardless of process, certain environmental and planning work must be accomplished. The Statement of Qualifications for providing such services will lead to the selection of a firm to provide the services described in the Scope of Work. II. SCHEDULE Notice for Request for Proposals posted and issued ...................Thursday, September 11, 2008 Deadline for receipt of Questions............................ MONDAY, OCTOBER 6, 2008, 2:00 P.M. Deadline for receipt of Proposals...........................MONDAY, OCTOBER 13, 2008, 2:00 P.M, Consultant short list(if desired by City)............................ (`tentatively) late Oct./early Nov., 2008 Interviews (if desired by City).....................................................(*tentatively) mid/late Nov., 2008 Contract awarded by City Council.................................................. ('tentatively) December, 2008 III. SCOPE OF WORK For the purpose of providing specific consulting, planning and environmental services for the development of the College of the Desert - Western Coachella Valley Campus in the City of Palm Springs. A contract shall be negotiated with the successful firm for a proposed scope of work that may include, but is not limited to, to the following tasks: 23 • Coordinate closely with the City of Palm Springs and College of the Desert to complete the Preliminary Master Plan to help facilitate the completion of the land acquisition with the Bureau of Land Management. • Research, manage and prepare necessary documentation for the requirements of Section 106 of the Historic Preservation Act. • Prepare a biological resources assessment report for the site. • Conduct Air Quality Conformity Analysis report in conformance with applicable federal standards and state implementation plans for PM10 and ozone in the Coachella Valley. • Prepare CEQA and NEPA documents (IS/MND Expanded Environmental Assessment) that can serve both the City and COD for the Preliminary Master Plan and Disposition and Development Agreement_ • Coordinate and prepare a CEQA-compliant expanded Initial Study and Mitigated Negative Declaration (Expanded Environment Assessment (EA). • Conduct a traffic impact analysis quantifying future traffic volumes and establish preliminary mitigation measures. • Development and prepare Environmental Impact Report(EIR) for a Specific Plan. • Development and prepare a Specific Plan for the COD Western Valley Campus that includes the surrounding neighborhood, other city properties, and commercial sections; for both short and long-term access to the campus. Other elements of the Specific Plan include, but are not limited to design standards and guidelines for development within the defined area. • Other elements of the Specific Plan would be the development of the core academic and administrative Campus, parking and support facilities, athletic facilities, and internal and local circulation, including the extension of Sunrise Parkway. • Work with city staff and assist with preparation of staff reports and other materials to be provided to the Planning Commission and City Council prior to public hearings. • Participate in public presentations and make recommendations at public hearings; respond to questions; monitor program; and provided on-going consulting services to facilitate the completion of the scope of work. IV. PROPOSAL. REQUIREMENTS The Consultant's proposal should describe the methodology to be used to accomplish each of the proposed project tasks as defined in the scope of work. Please note that this Request for Proposal cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the Proposing team/firm to be knowledgeable of the general areas identified in the Scope of Work and of adequate competence to include in its proposal all required tasks and subtasks, personnel commitments, man hours, direct and indirect costs, etc. The City of Palm Springs will not approve addenda to the Consultant's agreement which do not involve a substantial change from the general Scope of Work identified in this Request for Proposal. 24 �2 The following criteria shall be observed, ❑ The proposal shall not exceed 30 pages (sheets of paper), double-sided (8/2" by 11"), including cover letter and dividers, etc. The Cost Proposal (in a separate sealed envelope) and the Submission of Attachment"A", shall not count toward the total. ❑ One (1) marked "original" signed proposal, plus seven (7) color copies, for a TOTAL of eight (8) proposals are required to be submitted. Facsimile (fax) or electronically transmitted proposals will not be accepted. ❑ Proposal Categories: Responses to this Request for Proposal shall be organized into five (5) categories as follows: 1. Organizational Summary, Background and Description of Services: Summarize type of organization (partnership, corporation, etc), primary office location, years in business, number of employees, and services provided. Describe your firm's ability to effectively execute, manage and provide the environmental and planning services needed to successfully produce all the necessary elements of a specific plan. 2. Project Manager / Key Personnel Qualifications: Provide a brief resume outlining the qualifications of the Project Manager that would be assigned to this project and of each key person proposed to work on this project. Credentials of corporate executives or firm principals are not necessary or desired unless these individuals will play an active role in the proposed project. Any key sub-consultants proposed should be identified with resume of related experience included. 3. Relevant Experience/References: In this section, provide at least three (3) references for your relevant experience with major projects that involved complex environmental reports, as well as CEQA and NEPA analysis. Describe any experience or project in which your firm has worked with local, federal and state agencies, such as the Bureau of Land Management. Describe high profile projects requiring a high level of community awareness and outreach. Provide details of experience with clients/projects (K-12 schools, colleges, universities, or other projects) as it relates to the primary scope of work in this RFP. A contact name, current phone number, type of contract, services offered, and length of contract for each reference must be included. 4. Work Approach, Methodology, and Timeline: In this section, include a narrative that presents your understanding of the Scope of Work and the services your firm would perform detailing the approach, methodology, and deliverables to be provided. A "sample" timeline for scope of work, including deliverables, shall also be included in this section. 5. Cost Proposal: (NOTE: The City does not have a specific budgeted amount or expected cost for this project.) We are requesting in this section that you include a not- to-exceed total cost proposal associated with the Scope of Work described herein. The not-to-exceed total shall include a cost breakdown of individual deliverables within the scope of work. Included in the total cost proposal shall be an itemization/separate cost breakdown of hourly rates of all assigned personnel, requested reimbursable expenses, and charges for meetings. 25 ❑ The prospective Consultant shall designate, by name, the project manager to be employed. Substitution of the project manager by the selected consultant will not be allowed without prior approval by the City of Palm Springs. ❑ All proposals must be received in the City of Palm Springs, Division of Procurement and Contracting by 2:00 P.M., LOCAL TIME, MONDAY, OCTOBER 13, 2008. Proof of receipt before the deadline is a City of Palm Springs, Division or Procurement and Contracting time/date stamp. It is the responsibility of the Proposer to see that any proposal sent through the mail, or any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will not be accepted and will be returned to the Proposer unopened. Telegraphic, telephonic or other electronic transmission of Proposals will not be accepted. Proposals shall be clearly marked and identified and must be submitted to: City of Palm Springs Division of Procurement and Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager QUESTIONS: Proposers are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below may be cause for rejection of a proposal- Any y questions, technical or otherwise, pertaining to this Request for Proposal must be submitted IN WRITING and directed ONLY to: Craig Gladders, C.P.M. Procurement& Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL. Craig.Gladders(d).palmsprinas-ca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 2:00 P.M., Local Time, Monday, October 6, 2008. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. ❑ Each proposal must include two (2) sealed envelopes. Envelope #1, clearly marked as "Work Proposal for RFP 06-09, C.O.D. Planning & Environmental Review Services," shall include the following items: • As defined in Proposal Categories 1 thru 4, include (1) Organizational Summary, Background and Description of Services (2) Project Manager / 26 Key Personnel Qualifications (3) Relevant Experience/References and (4) Work Approach/Methodology and Timeline. • Attachment "A", signature authorization and Addenda Acknowledgment, MUST be included in the "Work Proposal NOTE THAT COST SHALL NOT BE MENTIONED OR INCLUDED ANYWHERE IN THE "WORK PROPOSAL". Envelope #2, clearly marked as "Cost Proposal for RFP 06-09, C.O.D. Planning & Environmental Review Services," shall include the following item: • As defined in Proposal Category#5, "Cost Proposal". Important Note: The successful Proposer will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement — Attachment "B" hereto. Please note that Exhibits A, B, C, D and E are intentionally not complete in the attached document. These exhibits will be negotiated with the selected firm and will appear in the final Professional Services Agreement executed between the parties. Any exceptions to the language contained in the RFP or sample agreement, including exceptions or inability to meet the City's insurance requirements, must be included in the Proposal submitted and clearly defined. Exceptions to the City's standard boilerplate professional services agreement may be considered in the evaluation process. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on. V. RESPONSIBILITY OF PROPOSER All project proposers shall be responsible. If it is found that a proposer is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted a proposal without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. VI. CONSULTANT SELECTION ❑ Each proposal will be reviewed by an evaluation committee to determine if it meets the proposal requirements. Failure to meet the requirements for the Request for Proposal may be cause for rejection of the proposal. ❑ The evaluation committee may, at its sole option, ask for interviews or oral presentations by any proposer(s) participating in this process. Attendance at any such interview will be at the Proposer's expense. ❑ A final selection of the consultant will be determined following review of all work proposals and/or formal oral presentations. The evaluation committee will make a recommendation of the selected consultant for a contract to be awarded by the City Council. ❑ The selected consultant will work closely with City staff throughout the duration of the project. A consulting firm will be selected for final negotiation of a contract based upon the following factors: 27 u • Organizational Summary, Background and Descripton of Services (15 points): Years in business, number of employees, and services provided. Ability to effectively execute, manage and provide the environmental and planning services needed to successfully produce all the necessary elements of a specific plan. • Project Manager/Key Personnel Qualifications (25 points): Qualifications and experience of the Project Manager that would be assigned to this project and of each key person proposed to work on this project, including any sub-consultants. • Relevant Experience/References (30 points): References for relevant experience with major projects that involved complex environmental reports, as well as CEQA and NEPA analysis, including work with local, federal and state agencies, such as the Bureau of Land Management. Experience with high profile projects requiring a high level of community awareness and outreach, and with clients/projects (K-12 schools, colleges, universities, or other projects) as it relates to the primary scope of work in this RFP. • Work Approach, Methodology and Timeline (30 points): Your understanding of the Scope of Work and the services the firm would perform detailing the approach, methodology, deliverables to be provided with a sample timeline. • Cost Proposal: The proposed cost will be considered after selection of the most qualified/highest ranked firm; no weight shall be given to the cost proposal in the selection/ranking of the consultants. Contract negotiations shall utilize the submitted cost proposal as the basis for cost negotiations and in consideration of reasonable and mutually agreed project costs and time requirements. ❑ Award of Contract: It is the City's intent to award a single contract to the firm that can best meet the requirements of the Request for Proposal document. The City reserves the right to award a contract to multiple firms or a single firm or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the consultant to be recommended for award. The decision of the City Council will be final. ❑ Public Record: Proposer's attention is drawn to the fact that all proposal documents submitted are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the proposals may be made public after the review process has been completed, negotiations have concluded and a recommendation for award has been officially agendized for City Council consideration, and/or following award of contract, if any, by the City Council. It is the responsibility of the Proposer to clearly mark and identify any information in the submittal that is legally defined as "proprietary" or"confidential". ❑ Cost related to Proposal preparation: The City will NOT be responsible for any costs incurred by any Proposer in the preparation or submittal of their respective proposal. ❑ Business License: The successful proposer will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax'. ❑ Proposal informalities or defects: The City of Palm Springs reserves the right to waive any informality or technical defect in a Proposal and to accept or reject, in whole or in part, any or all Proposals and to advertise for new Proposals, as best serves the interests of the City. 28 �3 ❑ Investigations: The City reserves the right to make such investigations as it deems necessary to determine the ability of the Proposer to perform the Work and the Proposer shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Proposal if the evidence submitted by or investigation of such Proposer fails to satisfy the City that such Proposer is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein, ❑ Signed Proposal and Exceptions: Submission of a signed Proposal will be interpreted to mean that Proposer has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement must be submitted with the proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate language, terms or conditions may be considered in the evaluation process. 29 ATTACHMENT "A" RFP 06-09 FOR C.O.D. PLANNING AND ENVIRONMENTAL REVIEW SERVICES SIGNATURE AUTHORIZATION PROPOSER: A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. SIGNATURE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate_ 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; A corporation 2. My tax identification number is: ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # is/are hereby acknowledged. 524762.1 � f} REQUEST FOR PROPOSAL (RFP 06.09) FOR C.O.D. PLANNING AND ENVIRONMENTAL REVIEW SERVICES ADDENDUM NO, 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL RFP DOCUMENTS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: RESPONSES TO QUESTIONS RECEIVED TO DATE: Q 1: Do you foresee an environmental consultant as the prime consultant on this project or a planning firm? A 1: The prime consultant on this would be a planning firm rather than an environmental consultant. A big part of the work is to undertake the CEQA for the master plan, true, but we need somebody to take on the Specific Plan process, too. Q 2: Is there a preference for a local firm/locally based team for this project? A 2: There is no preference. A 3: On page 1, Description of Work, the RFP mentions that"The City of Palm Springs CRA is working with the College District consultants to develop the master plan..." Can you please clarify if there are consultants already in place working for the City and College. And if so, what they are doing? A 3: Right now there are only two small contracts in place for the City: a survey firm to do the cadastral survey of the parcel, and the BLM-approved appraiser to determine the preliminary per-acre value. The College has engaged master-planning architects and a planning firm. They also have consultants working on the educational master planning side, too, as well as a consultant that oversees the whole development of the campus and the acquisition of the parcel from the City. 1 04: The contract for this project will be with the City. Will the selected consultant take direction from the City or the College, or both, throughout the project? A 4: The contract will be with the City and the consultant will take direction from the City (actually, probably the Redevelopment Agency). However, the City is not "driving" the 5247621 it LJ development of the campus, the college is. The decisions are collaborative but the direction is that the project needs to work from the college's perspective. Q 5: Who will comprise the selection committee? City, College, community, etc.? A 5: The selection committee has not yet been determined for this process, but may be comprised of city staff as well as key stakeholders. Q 6: Can you elaborate on the public/community outreach element of the project? Page 4, Item #3 says "Describe high profile projects requiring a high level of community awareness and outreach." A 6: There has been one community meeting held, in September, with the neighborhood. The City and college envision a series of meetings in ever-widening circles to discuss different aspects of the campus— this contract is related to the physical design and land use, but there will be meetings related to curriculum development, industry participation, K-12 relationships, etc. Nobody has identified themselves as opposing the college. Nevertheless, working through a Specific Plan that integrates the neighborhood into the college could present some challenges in terms of community acceptance — or the community could embrace that, too. Q 7: Is there an estimated project schedule for the project? ie, milestone dates for Draft EIR, Final EIR, draft master plan, etc. A 7: It was the goal of the City and College to enter a DDA for the disposition of the land by January. A DDA is a CEQA action, and the potential purchase of a portion of the site from BLM is a NEPA action. The extent of the CEQA/NEPA review necessary to meet that timetable — or if the timetable is realistic — will be partly determined by the consultant. We were hoping to have the Specific Plan for the campus/neighborhood developed and out for circulation by next summer at the latest. Q 8: Is there an estimated budget for this project? A 8: The answer to this question is provided in the document on page 4, paragraph #5 titled "Cost Proposal"- The answer is no. Q 9: Is a master plan already developed for the College of the Desert and, if so, is it available for our review? A 9: The master plan is being developed by the College but is in very conceptual stages right now and not available as part of this RFP. Q10: Is there a site plan(s) available for the proposed parcels that we could use to develop our scope of services? A 10: No, there is no site plan. 2 Q 11: Could you elaborate a little on what the 'extension of Sunrise Parkway' includes. Is this improvements from Vista Chino on up? 5247621 _ 4 F] A 11: The General Plan contemplates a 4-lane divided highway extending from the end of Sunrise to Highway 111. Q 12: The RFP outlines in the scope of work a task to develop the core academic and administrative campus. That is a wide range of options all the way from general bubble layouts to detailed site plans. At what level do you envision this task? A 12: The core academics will be developed by the college consultant team(s), which then begins to define the campus buildings and layout. That information will be available to the city consultant to incorporate and complete the Specific Plan, Q 13: Does the City of Palm Springs have an approved traffic consultant list? A 13: No- 0 14: Is a map of the proposed project area available for review? A 14: See attachments Q 15: What is the desired timeline for the project' A 15: See the answer provided for question number 7. Q 16: Although the RFP notes that the City does not have a specified budget for the project, how will the project be funded? A 16: The Consultants contract will be paid by the Community Redevelopment Agency; the land acquisition will be paid by the City & Agency; and the College pays for their consultants. Q 17: Is Attachment A required to be signed by sub-consultants as well as the lead consultant? A 17: Only the firm submitting the proposal, who if successful were to be awarded a contract as a result, should sign Attachment A. Q 18: Is it acceptable to include qualifications summaries for key project personnel within the 30 sheet limit and include more detailed resumes in the appendix? A 18: The entire proposal, including resumes and any appendix, must not exceed the 30 sheet limit. It is up to each firm as to what to include based on the requirements set forth in the RFP. Q 19: Similarly, is it acceptable to provide a summary of the CEQA/NEPA scope within the 30 sheet limit and include a more detailed scope description within the appendix? A 19: See above. The entire proposal must not exceed the 30 page limit. An "appendix"is NOT considered "in addition to"the 30 page limit. Q 20: What City and College District data, special studies and materials are available for the work effort? 3 52476Z i A 20: Nothing is available at this time, however the successful proposer will have access to studies developed by the College and whatever applicable studies the City undertakes, i.e. Cadastral Survey is currently underway. Q 21: It appears the College District's consultant team is taking the lead on preparation of the Master Plan with close Ceordin2bon with the selected City consultant. The City's consultant will provide a support role for design of the Master Plan. Is this assumption correct? Also has the District selected the Master Plan consultant team and, if so, who is on that team? A 21: Yes, there will be a support role for the development of the Master Plan. The College District has various consultants on board to develop the master plan. Currently, the lead consultant to guide the College through the land acquisition and conceptual master plan are Donald Brackenbush and Jim Goodell from Public Private Ventures. O 22: If a firm were to be awarded this contract, then would it preclude them from the design aspect of the project due to conflict of interest? A 22: No, this contract will be with the City. The "design" contract would be the result of a separate process that will be conducted by the College, not the City. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement& Contracting Manager DATE: September 30, 2008 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your proposal. Failure to acknowledge this Addendum may result in your proposal being deemed non-responsive. 5247621 2 REQUEST FOR PROPOSAL (RFP 06-09) FOR C.O.D. PLANNING AND ENVIRONMENTAL REVIEW SERVICES ADDENDUM NO, 2 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL RFP DOCUMENTS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: RESPONSES TO QUESTIONS RECEIVED TO DATE: Q 1: On page 3 of the RFP, the City refers to several CEQA process/documents (bullets 5, 6 and 8). Bullet 5 refers to CEQA/NEPA for the "preliminary" master plan. I am assuming that the NEPA is for the BLM acquisition but we're not entirely sure, and in addition we are wondering about the need for CEQA on a preliminary plan unless there is something extraordinary in the Development Agreement that we should be aware of. Also, typically we assume that there will be one environmental clearance document which leads us to ask what the City is referring to in bullet 6. Bullet 8 makes sense; however, we wonder if this should be referred to as a Program EIR that can be utilized for both the master plan and specific plan clearances. A 1: PLEASE"STRIKE"BULLET POINTS 5, 6, & 8 FROM THE ORIGINAL RFP DOCUMENT AND REPLACE BULLET POINTS 5, 6, & 8 WITH THE FOLLOWING: 5: Prepare CEQA and NEPA documents that can serve both the City and COD for the Preliminary Master Plan and Disposition and Development Agreement. 6: Coordinate and prepare a CEQA-compliant expanded Initial Study and Mitigated Negative Declaration (Expanded Environment Assessment (EA) for the campus project only and for the purpose of the Disposition & Development Agreement. 8:Develop and prepare an Environmental Impact Report(EIR) for a Specific Plan- 1 To clarify, NEPA is necessary for the federal BLM land acquisition. Under California Law, CEQA is necessary for the disposition of the land by the Agency to the college, as well as for any Specific Plan we would propose. We're assuming that the analysis under both CEQA and NEPA would be approximately the same, though we are not experts on noticing periods, formats, and other technical aspects of how they are different. If the proposer feels that a Program EIR that contemplates approval and adoption at intermediate milestones is appropriate, they could explore that in their proposal. However, the City/Redevelopment Agency has a desire to have a CEQA clearance s247621 43 adequate to approve a Disposition & Development Agreement in early 2009, and a NEPA clearance completed and adequate to acquire the BLM parcel prior to that. Hence, Bullet No,6 asking for an earlier, lower-level CEQA clearance. Q 2: What technical reports, if any, have been prepared for the campus? A 2: None that we are aware of Q 3: What consultants prepared them and are they precluded from proposing on this contract? A 3: Consultants, whether engaged by the College or other entities currently working on the project, are not precluded from responding to this RFP. Q 4: Assuming the environmental consultant must prepare the technical analyses for Air and Noise, with regard to the EIR does the City prefer a stand-alone report in addition to an EIR section, or just an EIR section? A 4: Can be an appendix to the EIR. Q 5: How many deliverables (numbers of copies) are desired for each printing of the Draft and Final Specific Plan and EIR documents? A 5: 25 printed copies and one CD that can be copied. Q 6: Civil engineering tasks are not mentioned in the scope of work. Does the City anticipate needing any civil engineering support as part of this scope of work? Will hydrology/drainage, water and sewer infrastructure, and/or other civil engineering components be key considerations in the Specific Plan and/or public outreach effort? A 6: Yes, it will have to be a consideration in the specific plan. 07. Can you expand on what would be required for the first item listed under the Scope of Work—" ... to help facilitate the completion of the land acquisition with the BLM" ? A 7: Be an active team member, attend meetings and complete the items listed below the first bullet point Q 8: Can you better define the "completion of the scope of work"? Is the work complete when the Specific Plan is approved or could consulting services be ongoing (presumably at hourly rates as submitted)? The last item listed says "....and provided on-going consulting services to facilitate the completion of the scope of work." 2 A 8: You can assume both, the work is complete with the Specific Plan is complete. if it's appropriate, consulting services may be extended to an hourly rate or the contract could be adjusted. Q 9: Are there any limitations on the Cost Proposal submission (pages, etc)? Is only one envelope with one copy required? Or should there be a copies in that envelope? A 9: The Cost Proposal does not have a page limit and does not count toward the 30 page (sheets of paper) limit for the Work Proposal. 1 original and 7 copies of the Cost Proposal shall be submitted in the Cast Proposal envelope. 524762.1 4 Q 10: Do we need to be licensed with the City of Palm Springs (business license as required), prior to submitting the proposal, or can this process be done upon selection? A 10: Only the successful firm that is awarded the contract will be required to have a business license with the City of Palm Springs. You do not need to be licensed with the City prior to submitting a proposal. Q 11: What green building, environmentally sustainable or energy efficient measures does the School District intend to incorporate into the COD Master Plan? A 11: The desire of the College and City is to incorporate new technologies to make the campus as green as possible. This has not been articulated yet because the master plan is in the early stages of development. Q 12: Regarding Addendum 1, A3 and A21: The College District's consultant team is taking the lead on the development of the Facilities Master Plan and Educational Master Plan. The selected City consultant will be working in support of those consultants. Would you please elaborate on what tasks would be included under the City consultant's scope of work? A 12: Again, certain elements of the master plan and entitlement process are in motion and we need to remain flexible as we move through the various stages. We can't elaborate on all the tasks at this time and trust that the "team members" can adapt to the plan as it evolves. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement& Contracting Manager DATE: October 03, 2008 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name. Authorized Signature' Date: Acknowledgment of Receipt of Addendum 2 is required by signing and including the acknowledgment with your proposal. Failure to acknowledge this Addendum may result in your proposal being deemed non-responsive. 3 524762.1 REQUEST FOR PROPOSAL (RFP 06-09) FOR C.O.D. PLANNING AND ENVIRONMENTAL REVIEW SERVICES ADDENDUM NO. 3 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL RFP DOCUMENTS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: RESPONSES TO QUESTIONS RECEIVED TO DATE: Q 1: We have the following questions on the Addendum No. 1, (Q & A 11): Will the extension of the Sunrise Parkway require coordination, meeting or approvals from any other agencies, beyond those involved in the land use planning and approvals and CEQA/NEPA process for the campus itself(such as Caltrans/CADOT) ? A 1: Yes, other agencies such as CalTrans. Q 2: Can you define what exactly is going to be part of the Master Plan? (a)Who is preparing it? (b) How much interface can/will the consultant team be allowed to have with the COD's consultants during this process? (c) Obviously the Master Plan and DDA Components affect not just the consultant team's CEQA/NEPA proposal but the teams overall Specific Plan proposal as well. A 2: The Master Plan is in the early stages of development, but we expect the plan will include classrooms, a library, student center, administration, and a variety of ancillary and common area buildings, as well as athletic/recreation facilities. (a) it's a team effort being lead by Public Private Ventures, the college's consultants. (b) There will be significant interface since the city and city's consultants are part of the team. (c) Correct. 1 Q 3: If the COD has engaged a planner and architect for the school site then they most certainly have a target schedule for their deliverables. Can you provide at least the milestone dates? A 3: Milestone dates will be reevaluated and finalized once this RFP process is complete and the successful proposer is on board with the team. The Agency hopes to be in front of 514761 1 4 Council with the DDA by early next year; land acquisition processes closed by October 2009. Q 4: Is the COD's idea of a Master Plan at the concept level to accompany the BLM transaction and state funding processes, or does it include policy language, design guidelines and other recommendations on facilities that would otherwise be part of or included within this overall specific plan? Haw would these two documents work together? A 4: The Master Plan will be part of the overall specific plan. The College's plan is the College's plan, and will include the underlying policy discussion necessary to allow the campus to be eligible for State funding. However, it is also a land use document that will form part of the Specific Plan, Q 5: If 115 acres of the 142 acres will be committed to the college can you define the geographic limits of the Specific Plan? Your RFP identifies the development of a specific plan "that includes the surrounding neighborhood, other City properties, and commercial sections" so it implies that it is more than the COD acreage and the 27-acres of parkland. A 5: In addition to the 115 acres, plus the 27 acre park, the study area includes all of the land as follows: Indian Canyon Drive north from San Rafael to Tramview; Tramview west to Eastgatc, south to Gateway, then to Highway 111,Highway 111 south to San Rafael;and San Rafael east to Indian Canyon. The final Specific Plan may be reduced to a smaller area in direct proximity to the campus, but an examination of the entire area is desirable. Q 6: What facilities are currently located on the rectangular city parcel that is directly in the center of the new C of D campus site? I assume those facilities will remain in place during campus construction, correct? A 6: The existing facilities and recreation areas includes the Desert Highland Park and the James O. Jessie Desert Highland Unity Center. Yes, this area remains in place during construction. Q 7: The first bullet on top of Page 3 of the RFP calls for the completion of a Preliminary Master Plan to help facilitate the completion of the land acquisition with the BLM. Bullet 9 on the same page states that other elements of the Specific Plan would be the development of the core academic and administrative Campus, parking and circulation . . . . . . etc. These two bullets seem to suggest the development of a campus master plan as a specific component of the area Specific Plan.How is this then reconciled with Addendum #1, Page 4, Answer#21, which states that the college District has various consultants on board to develop the master plan? Could you please confirm whether the development of a campus master plan is or is not a component of this RFP? A 7: The District will develop the Campus Master Plan. The Campus Master Plan will then be included in the Specific Plan as a component. 2 BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA pp f 524762,1 Y u Craig L. Gladders, C.P.M. Procurement&Contracting Manager DATE: October 07, 2008 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 3 is required by signing and including the acknowledgment with your proposal. Failure to acknowledge this Addendum may result in your proposal being deemed non-responsive. 524762 1 REQUEST FOR PROPOSAL (RFP 06-09) FOR C.O.D. PLANNING AND ENVIRONMENTAL REVIEW SERVICES ADDENDUM NO. 4 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL RFP DOCUMENTS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. REVISED DEADLINE FOR THE RECEIPT OF PROPOSALS: THE DEADLINE FOR THE RECEIPT OF ALL PROPOSALS HAS BEEN EXTENDED FROM MONDAY, OCTOBER 13TH AT 2:00 PM TO FRIDAY, OCTOBER 17T", AT 2:00 PM. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME, BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement&Contracting Manager DATE: October 08, 2008 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 4 is required by signing and including the acknowledgment with your proposal. Failure to acknowledge this Addendum may result in your proposal being deemed non-responsive. 524762 1 'i EXHIBIT "C" CONSULTANT'S PROPOSAL SEE NEXT PAGE 524762.1 - V EXHIBIT "C" CONSULTANTS PROPOSAL Terra Nova Planning&Research,Inc. COD WVC SOQ& Services Proposal R COLLEGE OF THE DESERT WEST VALLEY CAMPUS PALM SPRINGS M N STATEMENT OF QUALIFICATIONS AND PROPOSAL TO PROVIDE PLANNING & ENVIRONMENTAL SERVICES TABLE OF CONTENTS Page I. Organizational Summary, Company Background and Description of Services A. Introduction 3 B. Organizational Summary 3 C. Terra Nova Services 4 D. Statement of Availability 4 2. Project Manager& Key Personnel Qualifications A. Introduction and Consulting Team Summary 5 B. Key 'Terra Nova Personnel 5 C. Terra Nova Consulting Team 8 D. Civil Engineering and Additional Services Provided By Others 12 3. Relevant Experience and References r A. Introduction 13 M B. Summary of Relevant Experience 14 C. Public Presentation& Consensus Building 17 D. Educational and Other Institutional Planning 17 E. References 18 4. Work Approach,Methodology and Timeline A. Introduction 19 B. Approach to Project Planning and Coordination 19 M C. Methodology for Project Planning 22 D. Preliminary Project Timeline 25 E. Terra Nova Work Product/Deliverables 25 5. Understanding of Project & Scope of Serviccs A. Introduction 27 B. Understanding of the Project 27 w C. Preliminary Scope of Services 28 Appendices: Subconsultant SOQs and Resumes (Provided Upon Request) M 2 ? � 4 J TERRA NOVA PANNING & RESEARCH INC October 16,2008 Mx. Craig Gladders A Procurement and Contracting Manager A City of Palm Springs 3200 East Tahquitz Canyon Way A Palm Springs, CA 92262 RE: Statement of Qualifications, Scope of Work and Cost Proposal for the College of the Desert West Valley Campus and Associated Specific Plan Project (City RFP No. 06-09) Dear Mr. Gladders: Terra Nova is pleased to submit its Statement of Qualifications, scope of work and cost proposal for the provision of land use and environmental planning services for the future West Valley Campus of the College, the associated community Specific Plan project, and environmental studies, clearances and processing. The Terra Nova proposal has been developed in conformance with the City's RFP No. 06-09. Our scope of work is designed to provide the City, College of the Desert and the Bureau of Land Management with land use and environmental planning services focused on achieving the goals of this project, which will be beneficial to all involved, especially the community. We will apply our twenty-four years public and private sector experience in project administration and management to help get this project done. The future West Valley Campus of College of the Desert will be a new cornerstone of neighborhood and community development in the City of Palm Springs. It provides the impetus for more widely considered planning in this area of the City, and will allow new development to enhance the quality and character of the surrounding neighborhoods. The project is also an opportunity for furthering economic development in the area. Thank you for the opportunity to submit our Statement of Qualifications and proposal. We have made every effort to be concise, while providing sufficient information on our experience, capabilities and proposed work plan. If you have any questions regarding this submittal or would like additional information, please do not hesitate to contact me. Sin rel ohn D.%Criste,�AICPP President cc A File 400 SOUTH FARRELL,SUITE B-205 a PALM SPRINGS, CA 92262 ❑ (760) 320-9040 Cl FAX (760) 322-2760 A 52 M 0 Terra Nova Planning&Research,Inc. COD VWC SOQ&Services Proposal A w City of Palm Springs/College of the Desert 0 West Valley Campus STATEMENT OF QUALIFICATIONS A AND PROPOSAL TO PROVIDE 1 PLANNING & ENVIRONMENTAL SERVICES M 1 N 1 1 A A 1. Organizational Summary, Company Background and Description of Services 1 A. Introduction 1 This Statement of Qualifications (SOQ) and draft proposal to provide planning and environmental services has been prepared in response to the Request for Proposals (RFP 06-09) fxom the City of Palm Springs dated September 11, 2008. As requested, the SOQ sets forth the qualification of our company 6 and consulting team to provide project coordination and management, technical expertise and analysis, A and to prepare community and Specific Plans, environmental documents compliant with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) and the City of Palm Springs and COD rules to implement same. It is expected that the City, COD and the BLM will utilize the planning and environmental documents associated with this project. B. Organizational Summary Terra Nova Planning & Research, Inc. was founded in Palm Springs, California in July 1984 and has r maintained its primary offices in Palm Springs over the past 24 years. While our staffing capabilities ' have expanded and contracted with the economy, we currently have six full-time planners, one media specialist, an administrative assistant and an office manager. Terra Nova also has several "Alliance Partners" who have worked with the firm for many years and provide specialized services and capabilities. Several of our Alliance Partners are members of the Terra Nova team for this project proposal. Terra Nova is a California Corporation that has been providing land use and environmental planning services to the Coachella Valley and the region since 1984, with primary offices in the City of Palm Springs since the company's inception. The firm's experience includes assistance in campus planning and environmental review and processing, preparation of General Plans and Specific Plans, and 1 numerous planning and environmental projects for the US Bureau of Land Management (BLM) and 1 other regulatory agencies. 3 1 � � 1 1 Terra Nova Planning&Research,Inc. f COD WVC SOQ&Services Proposal C. Terra Nova Services 1 Terra Nova services are primarily focused on public and private sector land use planning and regulation, and local, state and federal environmental planning and regulation. Services are provided in conjunction with residential, commercial and industrial developments, as well as institutional planning including schools and hospitals, and community General Plans and Specific Plans. Terra Nova has also provided planning and environmental services to the US Bureau of Land Management (BLM), the California , State University-San Bernardino, Coachella Valley Association of Governments, riverside County and numerous cities in the Coachella Valley and elsewhere in Southern California. Community Planning Services , Since its inception, Terra Nova has been, providing current and advance planning services to numerous governmental and quasi-governmental agencies, including city and county planning departments, water districts and agencies, redevelopment agencies, schools and hospitals. Community planning functions include General Plan and Zoning Ordinance updates, community land use and transportation planning, and project planning and processing. Environmental Planning Services In addition to providing environmental analysis services in conjunction with our municipal planning activities, Terra Nova has prepared a full range of environmental documents in compliance with the National Environmental Policy Act(NEPA) and the California Environmental Quality Act(CEQA). Our documents have supported General and Specific Plans, resource management plans, habitat conservation plans, trails plans, community master plans, college and university development plans, utility and roadways plans, and other projects. Economic and Redevelopment Services Terra Nova staff have a depth of experience in economic and redevelopment planning and support services. In addition to work on specific redevelopment projects, our staff are frequently called upon to 4 provide instruction in California redevelopment planning, and streamlined project processing. The firm provides research and analysis of local and regional demographics, market potential, cost-revenue and fiscal impact analyses. We also provide area-specific land use and market analysis services to redevelopment agencies. a a D. Statement of Availability Terra Nova and its team of consultants are available to provide focused, continuous and effective project management and coordination, college and community design, planning and analysis services. Our team will require little or no ramping up to gain familiarity with the project, planning area or entities that are to be coordinated. J 1 i 4 ' Terra Nova Planning&Research,Inc. COD WVC SOQ&Services Proposal City of Palm Springs/College of the Desert West Valley Campus STATEMENT OF QUALIFICATIONS r AND PROPOSAL TO PROVIDE PLANNING & ENVIRONMENTAL SERVICES r A M M M 1 2. Project Manager& Key Personnel Qualifications A. Introduction and Consulting Team Summary N The Terra Nova team brings a highly integrated and coordinated approach to community planning. Our in-house staff have practiced in Palm Springs and the Coachella Valley for more than two decades, and have an intimate familiarity with the issues and conditions faced by the City and the region. Our experience in economic development also provides a broader perspective than most firms that allows us to optimize the skills and talents of our clients and effectively help them to meet their planning and community development goals. This section describes the key personnel who will be dedicated to this project, including our consulting team B. Key Terra Nova Personnel JOHN D. CRISTE, AICP Principal Planner/Project Manager Mr. Criste has more than 30 years experience in land use, urban and regional planning, environmental assessment and impact analysis, land use feasibility and market analysis, and energy development management and regulation. He has worked in the Coachella Valley and the Southern California region since 1979. He has extensive experience in public policy planning regarding land use and environmental issues on local, state and federal levels. His experience covers all aspects of the California ]Environmental Quality Act (CEQA),National Environmental Policy Act (NEPA) and public documents r required by same. He is a frequent CEQA instructor for the Association of Environmental Professionals and the American Planning Association. 5 � Terra Nova Planning&Research,Inc. • COD VWC SOQ&Services Proposal Mr. Criste was Principal-in-Charge of two projects particularly relevant to this proposal: the Panorama Specific Plan and EIR, which incorporates the East Valley Campus of College of the Desert; and the College of the Desert Palm Desert Campus'Master Plan EIR. He provides and coordinates on-going planning services to Eisenhower Medical Center; was the project manager for the California State . University-San Bernardino Palm Desert Campus Master Plan EIR; and the Palo Verde Community College Campus Master Plan EIR. He also was Terra Nova project manager for the BLM California Desert Conservation Area Plan and associated NEPA EIS, and other BLM projects. . His experience also includes management of the Ritz-Carlton and Mirada EIRs in Rancho Mirage, the Coachella Valley Multiple Species Habitat Conservation Plan EIR/EIS, and the Stone Eagle EIR. His experience includes permitting through California Department of Fish and Game, US.Army Corps of-, Engineers, and US Fish and Wildlife Service. He recently completed the aforementioned Panoramd Specific Plan and EIR, a 504-acre master planned community that includes the East Valley Campus of the College of the Desert, 2,700 residential units and 800,000 square feet�pf commercial space in.�_._ the eastern Coachella Valley. . --- -r As an Associate Planner for Riverside County in the early 1980s, Mr. Criste's responsibilities included • such projects as the San Gorgonio Wind Resource Study team (EIR/EIS#158), and the processing of the first windpark development permits in the San Gorgonio Pass. He was project planner for the 2,000-acre Tesoro Resort Development Specific Plan, and also served as County Representative to the Coachella Valley Association of Governments (CVAG)Technical Planning Committee. Prior to coming to California in early 1979, Mr. Criste was an energy programs manager in the Pennsylvania Governor's Energy Council and also served as administrative liaison between the Pennsylvania Governor's Office and the Department of Environmental Resources. In that capacity, he also served as Co-Chairman of the Pennsylvania Governor's Energy Curriculum Task Force raid contributed to the development of a secondary education curriculum on energy and the environment. Mr. Criste has served as an expert witness in land use and environmental planning litigation in state and federal courts, and regularly provides consulting services to land use and environmental attorneys. Mr. Criste holds a Bachelor of Arts degree in Architectural History from Pennsylvania State University. He has been certified by the American Institute of Certified Planners (AICP, #6672). He has served as an adjunct instructor in architectural history at College of the Desert and is an occasional speaker locally on issues of healthy and sustainable communities, and the development and implementation of alternative technologies. He is also a member of the American Planning Association (APA), the Association of Environmental Professionals (AEP), and is an Associate Member of the Institute of Transportation Engineers and the Urban Land Institute. NICOLE SAUVIAT CRISTE Principal Planner/Assistant Project Manager Ms. Criste has been with Terra Nova since 1985 and will serve as Co-Principal and Assistant Project Manager for the project. She has conducted and managed the preparation of several community General Plans, including those for the cities of La Quinta, Cathedral City and Banning. She is currently managing the preparation of the Apple Valley General Plan. Ms. Criste is also expert in state Housing Element law and many aspects of Redevelopment law, especially the application of CEQA to RDA projects. r r r Terra Nova Planning&Research,Inc. COD WVC SOQ&Services Proposal r In addition to extensive land use and community planning experience, Ms. Criste also provides expert services in environmental, land use and development design analysis, fiscal and economic impact r analysis, market research and marketing strategy development. Her experience in project and r community land use planning and analysis is extensive and has included most regions of the U.S. She has conducted numerous market and economic impact studies, as well as environmental studies for r economic development and redevelopment agencies in the region. She recently prepared and presented a r two-day class on CEQA and redevelopment to members of the California Redevelopment Association. Ms. Criste prepared the economic impact analysis for the Santa Rosa and San Jacinto National Monument Plan and federal EIS, and is currently preparing the NEPA environmental assessment for a r proposed land exchange between the Agua Caliente Tribe and the BLM. In recent years, Ms. Criste has prepared and managed the preparation of environmental studies on a wide range of projects in the City of Palm Springs, including the Palm Springs Convention Center expansion, r the Hardrock and Mondrian Hotels,the Museum Market Plaza Specific Plan and EIR, the Canyon South Specific Plan and EIR, and a variety of other projects. She is currently managing the update of the City of Palm Springs General Plan Housing Element. Among her public sector clients, Ms. Criste provides land use and environmental planning services to a . number of cities, including Palm Springs, La Quinta and Rancho Mirage. She also manages the firm's contract planning services for the City of San Bernardino Planning Department and Redevelopment Agency, the Town of Yucca Valley, and the cities of Coachella and Blythe. Other clients include the r Palm Springs Tramway/Winter Park Authority and the Town of Apple Valley. Ms. Criste is a graduate r of Scripps College with a Bachelor of Arts degree in European Studies. r LACIRA ALSTADT Senior Planner In addition to her skills as a community planner and environmental analyst, Ms. Alstadt is an exceptionally skilled communicator and project coordinator and facilitator. She will coordinate the r development of Specific Plan development standards and guidelines, and will be integral to the preparation of NEPA and CEQA environmental documents. In addition to her experience with the economic impact analysis for the Santa Rosa and San Jacinto Mountains National Monument Plan, she recently completed the socio-economic impact analysis and documentation for the Carrizo Plain A National Monument Resource Management Plan and associated NEPA EIS for the BLM. r Since joining Terra Nova in 1999, Ms. Alstadt has been involved in a broad range of land use and environmental planning efforts, from preparation EIRs for Specific Plans and other private sector projects, to drafting community General Plan elements and associated environmental documents. Her General Plan experience includes major research and authoring of General Plans for the cities of Palm Desert, La Quinta, Banning, Apple Valley and Cathedral City. She also managed technical analysis for related portions of these General Plan EIRs. Ms. Alstadt also played a major role in the preparation of EIRs for the 700,000 square foot Desert r Gateway commercial project at US Interstate-10 and Monterey Avenue in Palm Desert, one of only two r Terra Nova EIRs ever subject to legal challenge; the coures decision cited the superior nature of this EIR. Ms. Alstadt was also the project planner for the 703-acre Stone Eagle project, located in the City of Palm Desert. 7 57 r r Terra Nova Planning&Research,Inc. COD WVC SOQ&Services Proposal In addition to environmental analysis, Ms. Alstadt also was successful in securing Streambed Alteration Agreements from CDI'G and 404 permits from the ACQE for the Stone Eagle project in Palm Desert and several projects located within the Whitewater River and other drainages. Ms. Alstadt is the project manager for the preparation of the EIR for the 5,500-acre Paradise Valley Specific Plan, a proposed 3,500-acre "New Town" in Riverside County. She holds a Bachelors of Arts degree in Visual i Communications from Judson College (Indiana). i OLIVIA A. ERVIN i Associate Planner/Quantitative Analyst Ms. Ervin will provide environmental research and analysis in support of the required NEPA and CEQA documents, which are expected to be a part of this project. She has been a valued member of the Terra i Nova team since early 2007. Since that time she has been involved in a number of projects in the Coachella Valley, including the preparation of CEQA Initial Studies, elements of Specific Plans and General Plans and associated EIRs. She brings her substantial quantitative analytical abilities to air 40 quality analysis, water supply/demand modeling, and other statistical and quantitative analysis. Most i recently, Ms. Ervin has been conducting modeling and analysis on greenhouse gas (GHG) emissions and i regulations, climate change science, impact analysis and mitigation strategies. She has developed GHG models for use in environmental studies in anticipation of forthcoming state regulations. Ms. Ervin has also helped prepare several Water Supply Assessments (WSA), including the recently ~ completed Museum Market Plaza WSA prepared for the Desert Water Agency. Ms. Ervin has been project planner with responsibility for Caltrans CEQA review and processing for the Ramon Road Improvement project and the Cathedral Canyon/Whitewater River Bridge project. She is also an active member of the Terra Nova team currently preparing the Town of Apple Valley General Plan and EIR. � Prior to joining Terra Nova, Ms. Ervin was a research specialist for the Department of Plant Science at f UC Davis, where she conducted research and analysis. She also served as an assistant researcher for a r Plant Physiology Laboratory where she collected data and ran analysis to quantify gene expression in response to various levels of drought. Ms. Ervin graduated from the University of California, Davis with a Bachelor's degree in Environmental and Resource Science. This multidisciplinary program r emphasized the biological, chemical, and physical features of environmental resources, as well as the r economic and social considerations associated with their use, conservation, protection, and management. C. Terra Nova Consulting Team The members of the Terra Nova project team include long-time partners who provide special design and f analytical services to a wide range of projects. The members of our consulting team are intimately r familiar with the City and the region, are well known and respected members of their professions, and r have a track record of providing thoughtful, innovative and cost-effective products and services. Terra Nova will contract for assistance with project design (architecture and landscape architecture) and analysis of traffic, noise, cultural and biological resources. Air quality analysis and the Water Supply Assessment(WSA) will be prepared by Terra Nova. Members of our consulting team and their experience are described below. We understand that the 00 College has retained a design team to prepare the campus preliminary master plan and site the first OF campus building. It is assumed that the City and/or College will contract directly for any civil engineering services they feel are needed at this time. It is also expected that the City and Terra Nova Gr will confer with the campus design team on such issues as interim and long-term access, utilities extensions and other development matters. 0i so s �� � E Terra Nova Planning&Research,Inc. COIL W VC SOq&Services Proposal r Endo Engineering: Traffic and Noise Analysis Endo Engineering is a professional engineering consulting firm specializing in the modeling and assessment of circulation and noise impacts. The firm has been providing services to Terra Nova for r more than 15 years. Their staff of skilled and experienced professionals has a proven twenty-two year track record of providing traffic engineering and computerized transportation and noise modeling serviecs on projects throughout Southern California. Endo Engineering has completed numerous traffic studies for the City of Palm Springs,including; Palm Springs 2007 General Plan Update Intersection Analysis Palm Springs Classic Planned Development District Indian Oasis (Mid-Valley Center)Planned Development District r Palm Springs Art Colony Canyon Park Resort and Spa 160 @ Tram Way Residential Project r Tram Way Residential Development Project Mountain Gate PDD (TTM 30963) • Palm Springs Village Planned Development District Palm Springs Convention Center Palm Springs Section 14 Master Development Plan/Specific Plan N Agua Caliente New Spa Casino r Palm Springs Regional Airport Master Plan Update r Palm Springs Lowe's Tome Improvement Warehouse • Palm Springs Wal-Mart Shopping Center r The Springs Retail Center Planned Development District r Endo Engineering also prepared the air quality and noise impact studies for the University of California, Davis Long Range Development Plan that was designed to accommodate the growth in enrollment from r 19,000 to 30,000 students at the UC-Davis campus. Associated noise analysis included application of r local and state noise standards, integration of the University Airport project, and the consideration of passenger and freight trains, Interstate 80 and State Route 113 bisecting the campus, and a 20,000 to r 30,000 seat stadium. r r The firm's strength and versatility stem from the its multi-disciplinary approach, responsiveness, and extensive experience with planning, environmental and engineering firms, as well as governmental r entities and state-of-the-art computer applications. The firm is experienced in assisting planners and r developers to take advantage of opportunities and overcome constraints by providing technical support r that facilitates a better understanding of circulation and noise issues, and their solutions. r Endo Engineering has earned a reputation for preparing technical studies that meet the specific needs of r the project and are easily understandable, innovative, and economical. Most importantly, they axe r practical tools that are meaningful both to the professional and the general public. Their reports provide r a comprehensive framework, which incorporates information from a variety of sources in a manner that clearly addresses the issues faced by the project. r 1 r 1 9 � 0 1 • • Terra Nova Planning& Research,Inc. COD WVC SOQ&Services Proposal CRM Tech: Cultural Resources Analysis ` CRM Tech will provide cultural resource assessments for the COD West Valley Campus and City park site. The cultural resources assessment, which will also include a paleontological resources assessment, • and shall be accomplished in a manner that satisfies both state and federal regulations for the assessment and protection of important cultural resources. « Established in 1993, CRM TECH was formed to provide a broad range of cultural resources management services throughout California. Services provided by CRM TECH include all phases of archaeological, historical, and paleontological investigations, including, historical and ethnohistorical ` research, Native American consultations, archaeological, paleontological, and historical surveys, and ` mitigation and recovery plans. A summary of relevant Palm Springs projects includes the following: • Museum Market Plaza Project Historical/Archaeological Resources Survey 2008 i • Gene Autry Trail Gateway Landscaping Improvements Archaeological Survey 2007 • Palm Springs International Village Historical/Archaeological Resources Survey 2007 • Pinnacle View Residential Project Historical/Archaeological Resources Survey 2006 i • Real Development/Port Lawrence Mixed-Use Project Historic Building Survey 2006 • Former Potter Clinic Historic Building Evaluation 2005 • The Palm Canyon Project Historical/Archaeological Resources Survey 2005 • The Aqua Project Historical/Archaeological Resources Survey 2004 • The Spanish Inn Historic Building Evaluation 2003 ` Since its creation, CRM TECH has completed more than 1,700 cultural resources studies throughout the State of California, the majority of them in southern California. CRM TECH's professional team brings ` over 60 years of combined CEQA/NHPA expertise in California archaeology, history, paleontology, ethnography, anthropology, and historical architecture. AMEC Earth & Environmental- Biological Resources Analysis AMEC Earth & Environmental is an international environmental and engineering firm with offices in Riverside and throughout California and the US. AMEC will be providing vegetation and wildlife f surveys on the subject property, including protocol surveys for sensitive species. They will prepare a technical report that will fully document their research and satisfy the needs of the BLM and well as the City and COD. The AMFC biological resources group based in Riverside is comprised of biologists who have been providing services to Terra Nova since 1984. AMEC staff biologists have worked on a wide range of projects in the Coachella Valley and supported Terra Nova's work on the Coachella Valley MSHCP EIR/EIS.Relevant projects include: • Palo Verde Community College Master Plan Biological Resources Assessment • Panorama Specific Plan (& COD East Valley Campus) Biological Resources Assessment • General Plan Biological Resource Assessments (including La Quinta, Palm Desert, etc.) Whitewater Wind Energy Conversion System Biological Resource Studies Cabazon Wind Energy Conversion System Biological Resource Studies • Coachella Valley Water District—Coachella Canal Realignment Surveys and Monitoring • Desert Dunes Development Project Biological Resource Surveys, Riverside Co., CA • Desert Cove Golf Course Biological Resource Studies, Cathedral City, CA r • Southern California Edison Company Habitat Conservation Plan, Inland Empire, CA AMEC's team of biologists hold permits from the US Fish & Wildlife Service, the California Department of Fish and Game and the BLM for the surveying and management of numerous listed .I species, including desert tortoise, flat-tailed horn lizard, and a wide range of other reptiles, birds and to - i� i r r r Terra Nova Planning&Research,Inc. COD WVC SOQ&Services Proposal r r mammals. The firm's experience with the Palm Springs area, BLM requirements and the Coachella r Valley MSHCP will assure that the research and documentation of biological resources will satisfy the BLM, City and other parties of interest. r TKD Associates- Landscape Architectural Assistance Thomas Doczi of TKD Associates Inc. will be providing landscape architectural services in support of the COD campus planning effort and the "College Park Specific Plan". He has been involved in r numerous master planning efforts, and provided design support for the Panorama Specific Plan, which r includes the COD East Valley Campus. He has been an Alliance Partner on Terra Nova projects since r 1984 and will provide a variety of design services in support of the campus and Gateway neighborhood planning effork r r TKD offices are located in Rancho Mirage, California and provide landscape architectural services r throughout Southern California, Arizona, and Nevada. Experience includes residential design, resort site planning and housing, commercial development and corporate centers, hotels, golf courses, public works projects and city parks. M M The firm has been a leader and innovator in the use of water efficient plant material and water r conserving irrigation systems. The implementation and success of TKD designs for large scale projects, such as school sites, golf course and resort projects, corporate centers, and public works projects prove M the firm's ability to develop aesthetically pleasing designs, while being functional, durable, and socially enhancing. The firm's CADD and design capabilities will help our team provide exhibits and illustrations of the highest quality and clarity. Representative and particularly relevant project experience includes the following. College of the Desert Softball Stadium, Palm Desert, CA 1 College of the Desert Alumni Center,Palm Desert,CA Palo Verde Community College, Blythe, CA Agua Caliente Cultural Museum Master Plan, Palm Springs, California La Quinta Landscape Design Guidelines, La Quinta, California • Rancho Mirage Design Development Guidelines, Rancho Mirage, California • Village of La Quinta Specific Plan, La Quinta, California N Bubbling Wells Elementary School, Desert Hot Springs, CA Cahuilla Elementary School, Palm Springs, CA ' Cathedral City Elementary School, Cathedral City, CA • Desert Healthcare District Park,Palm Springs, California • Desert Justice Center, Indio, CA Duke University Children Health Center, Raleigh,North Carolina Eisenhower Medical Center, Rancho Mirage, CA 1 heart Institute of the Desert, Rancho Mirage, CA 1 Ciofti Architect-Architectural Design Assistance 1 James R. Cioffr of Cioffi Architect will provide architectural design support to the-Specific Plan design 1 team, which will also include Thomas Doczi of TKD Associates and Terra Nova in-house staff. Mr. Cioffi and our design team will lend our experience and understanding of the area to the COD design 1 team and will coordinate neighborhood design efforts with those of the College. Mr. Cioffr is also 1 familiar with City and public concerns, as well as the project review process, and will lend additional 1 value and credibility to the neighborhood Specific Plan. 1 Terra Nova Planning&Research,Inc. re COD WVC SOQ&Services Proposal Tentatively referred to as the "College Park Specific Plan", Mr. James Cioffi will provide innovative and practical design concepts, standards and guidelines for the neighborhood Specific Plan. He has practiced architecture in Palm Springs, California since 1977. During that time he has designed hundreds of projects, including custom and tract homes, apartments, commercial buildings, civic buildings, and 41p shopping centers. He has been recognized by his peers with numerous awards for design excellence and has been published in several magazines and books. 10 The firm has been involved in a wide range neighborhood master planning projects including: OF Palm Springs Classic Project Palm Hills Resort Project • Port Lawrence Development Project • Murano Residential Development Project City of Palm Springs Fire Station Design f • City of Palm Springs Airport Taxis Facility • City of Palm Springs Downtown Parking Garage D. Civil Engineering and Additional Services Provided By Others The Terra Nova team does not include civil engineering or the provision of civil engineering services in its scope of work. The Terra Nova team is intimately familiar with the physical planning issues associated with the campus and neighborhood planning project, including site and area drainage, utility planning and extension, and associated design issues. We will utilize traffic engineers in our circulation *j design and traffic analysis. For purposes of developing the Specific Plan, data and information to be secured from City Public Works, Riverside County Flood Control, Desert Water Agency and our traffic engineer will be adequate to fully develop an implementable Specific Plan, 40 Our team will apply sound physical planning capabilities to the development of the Specific Plan and to 40 design support for the COD Campus Master Plan. We will also facilitate the efforts of, and coordinate 40 closely with, both City and/or College engineers, and will closely coordinate with the City Engineer and 00 other Public Works staff, as well as engineers at the Desert Water Agency_ 00 Our proposal also assumes that the City and/or College will contract for any requisite hydrologic or 00 geotechnical analysis, and that reports from these consultants will be made available for use in guiding 00 project design and in the preparation of environmental documents for the project. Terra Nova will work op cooperatively and constructively with all members of the City/College consulting team and will help assure a coherent planning process regardless of contractual responsibilities. so 00 00 Ir ap 00 12 y 200 Terra Nova Planning&Research,inc- COD WVC SOQ&Services Proposal City of Palm Springs/College of the Desert West Valley Campus STATEMENT OF QUALIFICATIONS A AND PROPOSAL TO PROVIDE PLANNING & ENVIRONMENTAL SERVICES A M 1 1 1 1 1 ( 1 3. Relevant Experience and References A. Introduction 1 1 Since 1984, Terra Nova has been providing public sector economic development, planning and 1 analytical services to a wide range of public agencies, including all cities of the Coachella Valley, the County of Riverside, City of San Bernardino Economic Development Agency, Desert Water Agency 1 and the Coachella Valley Water District. Our company also provides on-going planning and other 1 services to Eisenhower Medical Center, the McCallum Theatre Foundation, College of the Desert and Palo Verde Community College District. Terra Nova experience particularly relevant to the City and subject planning area includes the 2006 Shadowrock EIR Addendum, CEQA documentation for the UCL-National Underground Laboratory under, Mt. San Jacinto, CEQA processing for numerous hotel, residential and commercial projects in Palm Springs, the Coachella Valley Multiple Species Habitat Conservation Plan, and the Museum i Market Plaza Specific Plan and EIR for downtown Palm Springs. The firm is also a contract planner to the Agua Caliente Band of Cahuilla Indians and is actively involved in Tribal planning projects, including a land exchange between the Tribe and the US Bureau of Land management. Terra Nova has completed land use and environmental planning for the College of the Desert (COD) East Valley Campus. We also conferred and coordinated with the design team the COD Palm Desert Campus Master Plan, and prepared the EIR. We use an integrated team approach and are proactively engaged in issues identification and resolution, and project facilitating and team coordination. Our services to legal counsel and our success with defensible analysis have been hallmarks of our work. We are a trusted provider of services to private development and government, and are especially focused on establishing common ground and consensus_ Terra Nova will be a dedicated partner to the subject Palm Springs/College of the Desert planning effort. 13 � ��/ r i Terra Nova Planning& Research,Inc. COD WVC SOQ&Services Proposal i i The College of the Desert West Valley Campus and the associated community Specific Plan project (preliminarily, the "College Park Specific Plan"), are of significant importance and have tremendous potential for community enrichment and development of the City and western Coachella Valley. The principals of the Terra Nova team have lived and worked in the Coachella Valley for many years and have a vested interest in the enhancement of the Gateway neighborhood, and the success of the campus and its potential for profound positive impacts on the communities that comprise the western Coachella Valley. B. Summary of Relevant Experience f Terra Nova is especially well suited to assist in the land use and community planning, as well as environmental review and processing of the various actions and documents associated with this project. Terra Nova has prepared more than a dozen community General Plans, and has organized and made presentations to General Plan Advisory Committees. We also provide current and advance planning to municipal planning departments are facilitate community outreach and consensus building. �+ // Te(rra llege of the Desert Master Plan-Palm Desert Campus EIR « Nova completed, and the College of the Desert certified this EIR in 2006. The document assessed the impacts associated with the expansion of the 160f acre campus master planned project. The project f involves the development of eleven new buildings and renovation of the entire campus, including f classrooms, library, administration and other buildings, as well as athletic facilities and performing arts ceriter, Major issues associated with the project included traffic impacts, biological resource impacts, r noise, air quality and visual resource impacts. Client: Desert Community College District, 43-500 Monterey Avenue, Patin Desert, CA 92260 Contact; Jerry Patton, President(760) 773-2511 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (College). Managed many administrative tasks, including NOP, NOD, DEIR & FEIR. Prepared i staff report and resolution materials for College. f Project Manager/Team: John D. Criste-Manager, Michael Mokray, Senior Planner; Traffic-Urban Crossroads, Noise-Urban Crossroads, Hydrology/Engineering-Fomotor Engineering, Air Quality-Terra �! Nova. 6! Contract Period: Approximately12 months. al-State San Bernardino/Coachella Valley Campus Environmental Impact Report Terra Nova completed, and the City of Palm Desert Certified this EIR in 1999. The document assessed the impacts associated with the development of a 200t acre campus planned for development in the northern portion of the City. The project involves the development of approximately 3 million square feet of classrooms, libraries, administration and other building, as well as athletic facilities and student housing. Major issues associated with the project included traffic impacts, biological resource impacts, air quality and visual resource impacts. 0 Client: City of Patin Desert, Att: Carlos Ortega, 73-510 Fred Waring Drive, Palm Desert, CA 92260 (760) 346-0611 00 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead 00 agency (City). Managed many administrative tasks, including NOP, NOD, DE1R & FEIR. Prepared 40 draft staff report materials for City. �y Project Manager/Team: John D. Criste-Manager, Nicole Criste- Planner; Circle Mountain Biological �* Consultants, Cultural-CRM Tech; Hydrology Engineering-Fomotor Engineering; Circulation-RKJK & 40 Associates; Geotechnical-Earth Systems Consultants, Air Quality-Terra Nova. Contract Period: 12 months. 40, 14 �➢i `y � h Terra Nava Planning&Research,Inc. COD WVC SOQ&Services Proposal Panorama Specific Plan and EIR 'Werra Nova prepared the Panorama Specific Plan and CEQA EIR. The project encompasses 504 acres A and includes the development of a new integrated, mixed-use community that will be anchored by the ( 95-acre East Valley Campus of College of the Desert. The Specific Plan also provides for the development of approximately 2,700 homes, 800,000 square feet of commercial space, a community YMCA, fire station, and parks and open space. The COD campus has been centrally located to facilitate easy access and to serve as the focus of the community. Planning and environmental issues included traffic, air quality, water resources, drainage and geotechnical constraints. Client: Van-Cal Projects, LLC, Attn: Robert Pippin, 73-111 El Paseo, Ste 205, Palm Desert, CA 92260. Phone: (760) 862-1111, COD Contact: Jerry Patton, President, Desert Community College District, 43- 500 Monterey Avenue, Palm Desert, CA 9226o. Phone: (760) 773-2511 d Terra Nova Responsibility: Prime contractor, managing subconsultants and coordinating with lead agency (County). Managed many administrative tasks, including NOP, NOD, DEIR & FEIR. Prepared hearing presentations and adopting resolutions for County. Project Manager/Team: John D. Criste-Manager, Laura Alstadt-Senior Planner; Biology: AMEC Earth r & Environmental; Cultural-CRM Tech; Hydrology- Exponent, Inc. and ADS, Inc.; Circulation-Urban Crossroads; Geotechnical-Earth Systems Consultants; Air Quality-Terra Nova; Fiscal-Terra Nova.. r Contract Period: 18 months. City of Palm Desert General Plan & EIR Terra Nova developed a Comprehensive General Plan and associated Environmental Impact Report for ' the City of Palm Desert on a 121 square mile planning area, which reaches to Joshua Tree National Park. The General Plan was last updated in the mid-1980s, and the City has experienced tremendous growth since that time. As the City now matures, redevelopment and management of existing development have become important components of the Plan. The Environmental Impact Report assessed the environmental resources of the City as well as the impacts associated with implementation of the ' General Plan. Areas of analysis included transportation, geotechnieal hazards, and the full range of environmental conditions typically addressed in General Plans. The public participation portion of the M General Plan development and approval process involved a broad cross section of the community, as well as appointed and elected public officials. Client: City of Palm Desert, Att: Carlos Ortega, City of Palm Desert, 73510 Fred Waring Drive, Palm Desert, CA 92260 (760) 346-0611 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Managing many administrative tasks, including NOP, NOD, DEIR & FEIR. Drafting of ' General Plan and EIR. Project presentation. Project Manager/Team: John D. Criste, AICP-Project Manager; Biology-Ogden Environmental, Cultural-CRM TECH; Noise and Circulation-Urban Crossroads; Geotechnical-Earth Consultants, International; Air Quality-Terra Nova. Contract Period: 24 months. CEQA & NEPA Compliant EIR/EIS for the Coachella Valley Multiple Species habitat ( Conservation Plan and BLM Santa Rosa and San Jacinto Mountains '.Grails Plan Terra Nova was retained by the Coachella Valley Association of Governments (CVAG) to prepare a ` CEQA and NEPA compliant EIR/EIS for the 1.25 million acre Multiple Species Habitat Conservation Plan (MSHCP) and Natural Communities Conservation Plan (NCCP). In addition to addressing the full 1 range of potential project impacts on the member jurisdictions of CVAG (nine incorporated cities and Riverside County), the EIR/EXS also addressed the US Bureau of Land Management's amendment to the California Desert Conservation Area Plan, as well as future projects of local water districts. The I 15 rJ r Terra Nova Planning&Research,Inc. COD WVC SOQ&Services Proposal EIR/EIS also analysed the effects of adopting the proposed BLM mountain trails plan. The EIR/EIS 4, evaluated the full range of environmental issues, including land use, transportation, water resources, air quality, recreation and public facilities. Extensive consultations with involved jurisdictions and agencies ■ was also conducted. 40 Client: Coachella Valley Association of Governments, Att.: James Sullivan, 73-710 Fred Waring Drive, 0 Suite 200, Palm Desert, CA 92260. (760) 346-1127; BLM Contact: Jim Foote, Santa Rosa and San Jacinto Mountains National Monument Manager, (760) 251-4800. r Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Manage many administrative tasks, including NOP, NOI, NOD, DEIR/EIS & FEIR/EIS. Prepared draft staff report materials for CVAG. Project Manager/Team: John D. Criste-Manager, Nicole Criste- Planner; Lawrence LaPre, Ph.D.- Biology; Aerial Information Systems-GIS; URS Grainer Woodward Clyde-Hydrology/Sand Transport, Economics-Economic Research Associates; Circulation-Urban Crossroads; Air Quality-Terra Nova. a Contract Period: 8 years. BLM California Desert Conservation Area Plan and NEPA EIS 4W Terra Nova was retained by the US Bureau of Land Management (BLM) to assist in the update to the California Desert Conservation Area (CDCA) Plan and preparation of the associated NEPA EIS. This project was managed out of the BLM Palm Springs Field Office. Terra Nova contributed to a variety of dy analyses and discussions, including geotechnical, air quality and conformity analysis, traffic and noise, and environmental justice. Terra Nova worked as an extension of BLM staff and assisted in project planning and coordination. Client; US Bureau of Land Management, Att.: Jim Foote, 690 W. Garnet Ave., P.Q. Box 581260 North Palm Springs, CA 92258-1260. Phone: (760) 251-4800. r Terra Nova Responsibility: BLM contractor, managing in-house team of environmental planners and analysts, and coordinating with lead agency (BLM). Evaluated assigned portions of CDCA Plan, drafted plan revisions, and prepared NEPA EIS analysis and discussion for assigned areas of responsibility. !A Project Manager/Team. John D. Criste-Manager, Nicole Criste-Principal Planner; Air Quality-Andrea dr Randall. W Contract Period: 14 months. 40 BLM Carrizo Plain National Monument RMP Socio-Economic Impact Analysis & EIS r Terra Nova was retained to assist in the development of the Socio-economic section of the Carrizo Plain RMP and preparation of relevant portions of the project NEPA EIS. Staff considered applicable local, regional, state and federal land use plans, as well as the historical, prehistoric, ethnographic and cultural context of the area. Profiled demographic and economic baseline, social organization and institutions, . economic activity and values in the planning area, employment/income/subsistence data, land and housing values. Evaluated availability of public finance and government services. Identified and evaluated Environmental Justice issues. Client: Labat Environmental, Inc., An.: Christine M. Modovsky, Project Director/Senior Scientist, 1406 Fort Crook Road South, Bellevue, NE, 68005. Phone: (918) 252-5397 BLM Contact: Bob Wick, Planning and NEPA Coordinator, BLM Arcata Field Office, 1695 Heindon Road Arcata, CA 95521 Terra Nova Responsibility: BLM sub-contractor for socio-economic and environmental justice analysis, managing in-house team of environmental planners and analysts, and coordinating with lead agency (BLM). Project Principal: John D. Criste; Project Planner: Laura Alstadt. Contract Period: 12 months. do do 16 do r Terra Nova Planning&Research,Inc. COD WVC SOQ&Services Proposal r Additional Representative Projects • Agua Caliente Tribe/BLM Land Exchange NEPA EA • Shadowrock CEQA EIR Addendum • UC-Irvine San Jacinto National Underground Laboratory CEQA EA r Hardroek&Mondrian Hotel CEQA EAs,Palm Springs, CA Palm Springs Section 14 SEIR& Associated Water Supply Study Agua Caliente Development Authority Canyon South Specific Plan&EIR Addendum Palm Springs Convention Center Expansion Project CEQA EA • Ritz-Carlton Hotel-Rancho Mirage EIR&Permitting, Rancho Mirage, CA Stone Eagle Resort& Golf Course EIR& Permitting, Palm Desert, CA Agua Caliente Band of Cahuilla Indians Development Code • Palm Springs Tramway[Winter Park Authority Planning Services • Museum Market Plaza Specific Plan&EIR, Palm Springs, CA Mirada/MCO Properties EIR, Rancho Mirage, CA C. Public Presentation& Consensus Building One of the most important functions of the urban planner is to serve as a clearinghouse for community concerns as voiced by all sectors, and to facilitate the building of a consensus upon which the community can move forward. Clear, concise and graphically supported presentations are the heart of effective communication and securing of public input. Public input will be essential to assure a thoughtful and responsive integration of the West Valley Campus and future parklands into the existing Desert Highland Park and the James O. Jessie Highland Unity Center. The public presentation process has been a critical component of many of our projects, including the various community General Plans we have prepared, as well as the many public meetings and hearings held on the Coachella Valley MSHCP and associated Mountains Trails Plan. Diverse and frequently conflicting interests made their concerns strongly known; all comments were recorded and considered. As a result, a strong consensus was forged between such diverse groups as the Sierra Club and the Building Industry Association, as well as developers, recreationalists and environmentalists. Our work on the Eisenhower Medical Center (EMC) Specific Plan and EIR is also relevant. A variety of concerns were loudly voiced by surrounding and influential property owners, including traffic, viewshed impacts, heliport operations, and light and glare. Each concern was respectfully considered and r responses were carefully crafted. No comments were treated in a dismissive fashion and all were addressed to the satisfaction of the property owners and the City of Rancho Mirage. Also please see our discussion below in Section 4 regarding the coordination of public participation. D. Educational and Other Institutional Planning Over the past 24 years, Terra Nova has facilitated the development of numerous K-12 schools in the Coachella Valley and elsewhere in Southern California. We have also been involved in the planning and processing of college campus plans and facilities, including the Cal-State-San Bernardino/Pahn Desert Campus Master Plan and EIR, the COD Palm Desert Campus Master Plan EIR, and Palo Verde Community College Master Plan and EIR. In addition to our on-going services to Eisenhower Medical Center, Terra Nova has prepared environmental analysis and processed development applications for psychiatric hospitals throughout the US. We have also conducted space needs analysis and facilities planning for the Riverside County Blythe Administrative Services Center and Superior Court, as well as the 14-story County Administrative Center in Riverside. A 17 a M V IV Terra Nova Planning&Research,Inc. COD WVC SOQ&Services Proposal r E. References r r The following list of references has been selected to reflect the kind of experience most relevant to the subject COD West Valley Campus and Specific Plan project. City staff have also been included given their direct involvement in managing Terra Nova planning and environmental efforts for the City. f Additional references are available upon request. Mr. Ted Lennon, Sr. Vice President, Lowe Enterprises/Destination Development Corporation, 74-001 Reserve Drive, Indian Wells, CA 92210 (760) 568-5599 Mr. John Wollunuth, Executive Director, Coachella Valley Association of Governments, 73-710 ,V Fred Waring Drive, Suite 200, Palm Desert, CA 92260 (760) 346-1127 Mr, Jerry Patton, President, College of the Desert, 43-500 Monterey Avenue. Palm Desert, CA 92260. (760) 773-2500. W Mr. David De Mauro, Vice President, Admin. & Finance, California State University-San Bernardino, 5500 University Parkway, San Bernardino, CA 92407 (909) 537-5130. W Mr. Thomas Wilson, Asst. City Manager, Mr. Craig Ewing, Community Development Director, City of Palm Springs, 3200 East Tabquitz Canyon Way, Palm Springs, CA 92262. (760) 323- 8270. 4' ■ Ms. Margaret Park, Director of Planning & Natural Resources, Agua Caliente Band of Cahuilla 0 Indians, 777 East Tahquitz Canyon Way, Suitc 301, Palm Springs, CA. 92262 (760) 883-1326. 40, Mr. Donald Bradley, City Manager, City of Cathedral City, 68-700 Avenida Lalo Guerrero, 40 Cathedral City, CA 92235. (760) 770-0340. 40 Mr. Ali Tourkaman, VP Administration, Eisenhower Medical Center, 39-000 Bob Hope Drive, 0 Rancho Mirage, CA 92270. (760) 773-1273. Mr. Dandy Bynder, Community Development Director, City of Rancho Mirage 69-825 Highway V 111, Rancho Mirage, CA 92270 (760) 328-2266. Mr. Robert Hargreaves, Esq., Best, Best & Krieger, 75-760 Highway I11, Indian Wells, CA 92210. (760) 568-2611. A Mr. Howard Marguleas, 78-060 Calle Estado, Suite 7,La Quinta, CA 92253. (760) 564-9920. Mr. James Foote, Manager/Santa Rosa and San Jacinto Mountains National Monument, US .Bureau of Land Management, 690 West Garnet Avenue, North Palm Springs, CA 92258. (760) 251-4800. 18 � U ■ Terra Nova Planning&Research,Inc. II COD WVC SOQ& Services Proposal M M City of Palm Springs/College of the Desert West Valley Campus STATF1b ENT OF QUALIFICATIONS AND PROPOSAL TO PROVIDE PLANNING & ENVIRONMENTAL SERVICES 4. Work Approach,Methodology and Timeline A. Introduction The following approach and methodology has been developed to prepare what is herein tentatively referred to as the "College Park Specific Plan" and associated planning, environmental and management ' tasks. The Specific Plan will be developed in close consultation and coordination with the COD campus ' design team and the City Parks and Planning Departments. The Specific Plan will provide clear and concise goals, policies, programs, and development regulations based upon a sound foundation of research and information. Work product will include periodic reporting and updating, a variety of technical studies, CEQA and NEPA documents, and the College Park Specific Plan. It is the desire of the City, COD and Terra Nova staff that these documents be written and illustrated to enhance understanding of issues and to provide ` useful long-term and user-friendly sources of information and development guidance. The emphasis of the Specific Plan is as a functional and implementable document, which helps shape 1 and consolidate the design considerations of the COD West Valley Campus Master Plan and the larger neighborhood Specific Plan. The Specific Plan will fully integrate the campus plan, the preliminary community park plan, and the neighborhood design goals, standards and guidelines. B. Approach to Project Planning and Coordination Terra Nova will coordinate an integrated team strategy that relies on regular and on-going contact and ' consultation, and a practical and efficient approach to securing the subject lands, facilitate the adoption of a Disposition and Development Agreement (DDA) between the City and the College, and the M development of the College Park Specific Plan and associated environmental reviews. As discussed ( above and elsewhere in this work program, the planning process is integrally tied to the sequence of land ' acquisition, campus and park planning, and neighborhood planning. The program also provides for ' phased environmental analysis, documentation and processing. 19 G .y 1 V Terra Nova Planning& Research,Inc. COD WVC SOQ&Services Proposal It is important that the numerous characteristics of the planning area and surrounding lands are clearly described and characterized at the outset, and that a description of the planning area be presented in sufficient detail to assess the value of the Campus Master Plan and Specific Plan, and the effects associated with their implementation. Administrative Services: Terra Nova will serve as an extension of the Community Redevelopment Agency staff, and will also serve as a planning facilitator for the College design team and the BLM. Terra Nova has provided planning, environmental and administrative services to numerous public and private sector projects, including Palm Springs and other cities, College of the Desert, Cal-State-San Bernardino and other public agencies in the region. In this regard, we plan to provide substantial and on- going administrative support to the City through project coordination functions and the preparation of W planning and environmental documents. 0 Terra Nova will also assume responsibility for the preparation and mailing of Notices of Intent (NOI), 0 Notices of Preparation (NOP), Notices of Completion (NOC), and their federal counterparts. We will f also manage the transmittal of the Specific Plan and environmental documents to the State Clearinghouse and other parties of interest, using a City-approved mailing list. Terra Nova will also f facilitate COD notices and transmittals within the scope of this project. Terra Nova will also provide W administrative support to the BLM is pursuit of the land sale/exchange and associated NEPA and other processing. Other cost-effective administrative support services can also be provided throughout the process. Data Collection/information Gathering: Terra Nova and its consulting team already have a high level f of familiarity with the West Valley Campus project and the planning area. We will utilize in-house resources and capabilities, and those of the City, COD and various public agencies to develop and 60 organize data and information from all available sources. The collection of data and information, and the 4F characterization of the physical, regulatory and socio-economic environment shall be researched and presented. A comprehensive environmental setting discussion will provide the current context, and will bring together information and data from a wide variety of sources. To facilitate this multi-pronged planning process, data and information relevant to campus and neighborhood planning will be provided ep to the City and COD as it is developed. OF Research and analysis associated with environmental issues will identify current conditions and focus on OF the potentially significant impacts associated with the implementation of the Campus Master Plan and Specific Plan. At this stage in the analysis, direct and indirect impacts on the environment and OF resources will be identified and described in detail. Immediate, near-term impacts, as well as long-term (buildout) impacts, will be assessed. This assessment will include a discussion of all relevant so specifics, including environmental and man-made resources, alterations to ecological systems, 61 geotechnical and flooding hazards, and changes induced by population distribution, land use patterns, and health and safety issues. r Mapping Resources: The precise limits of the Specific Plan study area and uses being planned on the so subject 142f acres have not yet been established. The planning area boundaries will initially be bounded ff by San Rafael Drive on the south, Highway 111 on the west, North Indian Canyon Drive on the east and the flood control levee on the north. In some instances, it may be appropriate to expand or contract these boundaries following an initial assessment of the area of potential effect. Terra Nova will build off of existing City, DWA, BLM, CVAG and other mapping efforts, and will develop original mapping resources for use in the Campus Master Plan, Specific Plan and associated environmental documents. Utilizing these and other sources, large-scale maps will be generated and reproduced for the City, COD and for public presentations with any mix of data and information. 20 M Terra Nova Planning&Research,Inc. COD WVC SOQ& Services Proposal College Park Specific flan Policies and Programs: An essential element of this planning effort will be to prepare and implement the COD West Valley Campus Master Plan and the College Park Specific Plan, which are logical and community-enhancing land use regulating documents. The Campus Master Plan and neighborhood Specific plan will serve as the primary regulatory documents for land use management purposes. The Specific Plan will clearly state the goals, policies and programs of the City, COD and neighborhood. It will provide informational summaries and discussions to adequately explain M the public participation process and why the goals,policies and programs were adopted r The sequence of Plan preparation is partially based upon our understanding of the need to secure the subject lands and the processing and documentation required to complete that effort. Plan development is also based on the inherent logic associated with data and information collection, and the hierarchy of elements comprising the Plan. We plan to prepare draft elements and other materials, and to circulate them through the City for consideration by the City/COD planning team. Once feedback has been received, the Specific Plan element will be amended into a final draft that will be ready for public r review. Typically, this process starts with technical elements that address baseline environmental issues and public service and facilities, including existing land use patterns, flooding and hydrology, air quality, r biological and cultural resources and noise. These provide the foundation for associated Specific Plan elements, including land use, transportation, community design, housing and economic development. This logical sequencing of element drafting and review will help the non-technical stakeholders and the general public assimilate the background information and policies and programs, and better grasp their meaning. r Workshops, Study Sessions and Public Hearings: Terra Nova staff have extensive experience conducting workshops, study sessions and presenting complex projects in public hearings. In this regard, we will coordinate with City and COD team members, and prepare information, exhibits and draft r materials for use at presentations. These meetings shall be supported by a variety of graphic materials, including slides, overhead and printed exhibits, maps and textual materials. Terra Nova shall coordinate and work cooperatively with City staff in organizing these meetings and study sessions to assure an efficient and effective conveyance of information, and to facilitate the provision of public input. EIR Mitigation Measures and Programs: In conjunction and concurrent with the development of the Campus Master Plan and the Specific Plan, the Program EIR will yield clear constraints and 1 opportunities that will help to shape the plans. Mitigation measures will be developed to address specific impacts associated with the implementation of the Plans. Others may be incorporated as mandated design and implementation programs to be required of specific projects as they are submitted for review ' and approval. This approach can greatly streamline subsequent project approvals. Statement of Overriding Consideration: Unmitigated significant effects would require the adoption of Findings and a "statement of overriding consideration". It should be anticipated that statements of overriding consideration will be needed for impacts to air quality, which cannot typically be fully r mitigated for a project of this scope and with prevailing technologies. The statement of overriding consideration can and should include aspects of the project that constitute sustainability factors of the 1 Campus Master Plan and the Specific Plan. Terra Nova has drafted numerous adoption resolutions with statements of overriding consideration and will provide same for this project, as necessary. 1 1 21 7 1 r • Terra Nova Planning&Research,Inc. COD WVC SOQ&Services Proposal 40 CEQA and NEPA Environmental Documents and Tiering The project CEQA and NEPA documents and associated technical studies will serve as the basis upon which subsequent environmental analyses may be conducted (tiered). With this subsequent use in mind, Terra Nova shall evaluate potential project impacts to the greatest extent practicable. We will also prepare specific mitigation measures and monitoring programs, which may preclude or reduce the need . for substantial future analysis and allow an expedited completion of the CEQA review process for future projects to the extent they are consistent with the Campus Master Plan and the neighborhood Specific 0 Plan. In all cases, significant effects that cannot be fully mitigated will also be identified. 0 C. Methodology for Project Planning • 0 The unique opportunities the project offers range from a vitally important educational institution to O neighborhood enhancement, to open space and recreation development. Our methods involve facilitating close and on-going team coordination, and the distribution of environmental, infrastructure and regulatory information to the COD and Terra Nova/City design teams. We have also outlined an 49 approach to facilitating and accommodating an aggressive project schedule. Project Management and Coordination: As is typical of most of our major planning projects, Terra r Nova will serve as the primary contractor for this coordination, planning and analysis project, and will manage a select team of technical specialists. Our staff will also establish a close and coordinated . project management plan with the City, BLM, and COD team leaders, and will help facilitate . completion of all project tasks, including those not directly the responsibility of our team. We will help focus the planning efforts of all team members to complete the planning, analysis and approval process in the most expeditious manner possible. Community Workshops, Meetings and Public Hearings. We understand that the City and COD have already held some public outreach meetings, and that such meetings have been held as part of the City's 49 effort to bring the West Valley Campus to the community. Additional community workshops are i envisioned for this process and include additional neighborhood meetings with surrounding residents and landowners, as well as meetings with interest groups to get input on the project. Up to six community workshops are envisioned, where draft campus and neighborhood plans and technical materials will be presented. 49 Adequate time should be given to the Planning Commission and City Council to review these materials prior to the study sessions or public hearings. Supporting information, including slides, maps and other f exhibits shall also be made available and shall be used to facilitate these meetings. For purposes of this . proposal, two study sessions and two public hearings are planned. Terra Nova will coordinate with City and COD team members on structured presentations of the draft plans and environmental issues i warranting focused discussion. Input from all workshops, public meetings and hearings shall be recorded and incorporated into the final draft documents, as appropriate. e s ■ • a 22 72, ■ Terra Nova Planning&Research,Inc. COD WVC SOQ&Services Proposal R Method of Specific Plan Development The City has identified a need and an opportunity to extend the benefits of the COD Campus Master Plan to the surrounding community, including the residential neighborhoods to the south, commercial lands along Indian Canyon Drive, and possibly the service industrial area located in the vicinity of San Rafael Drive. To that end, the College Park Specific Plan shall be developed in conformance with Governnheut Code Sections 65450 through 65457. As required, the Specific Plan shall provide text, maps, diagrams and data setting forth the distribution of land uses, public services and facilities, standards and guidelines to direct development, and implementation measures that will put the Specific r Plan into action. Defining the Specific Plan We envision a three-step approach to establishing the final geographic limits of the Specific Plan beyond the 142-acre BLM property. First, the various physical parameters that define the area will be assessed, as will their relationships and connections to one another. Second, with,the planning limits established, Terra Nova will lead the preparation of a minimum of three (3) master land use and neighborhood enhancement plans for the area and will review them with the team. Third, a "Preferred Alternative" will be selected for detailed elaboration in the Specific Plan document. Integrating the COD Cam us Master Plan The Preferred Alternative will also incorporate the COD West Valley Campus Master Plan. Terra Nova * will coordinate its broader planning activities with the City and COD team, and will be evaluating campus design considerations with those being made on adjoining lands and land uses. The general research and issues identification of early phases will feed into City and COD considerations as the campus and adjoining public park and open space areas are planned. M Neighborho_od Planning Component A The Desert Highland area of the City will be host to a most valuable community asset, a community college campus. The potential exists for both positive and negative impacts, depending on how well opportunities are optimized and constraints are minimized. Issues that will be considered include near- term and long-term campus access, neighborhood/campus access, neighborhood and campus security, land use buffering, and other considerations. Other neighborhood interfaces, including the service M industrial area in the vicinity of San Rafael and the commercial lands along the west side of Indian Canyon Drive, will also be important areas for evaluation and planning. Master Circulation Com onent The planning area is currently served primarily from Tramview !toad via Indian Canyon Drive. The Sunrise Parkway is a General Plan road, a segment of which west of Sunrise Way has been constructed. The parkway will form the northern boundary of the COD campus/City parkland area, and will provide important alternative access to the 142± acre portion of the planning area. Terra Nova shall coordinate with the City Fire Marshall, City Engineer, County Flood Control, Caltrans and others to assess the interim and long-term improvements associated with the parkway. We will also assess the primary directions of travel for users of the COD campus and the adequacy of the existing and planned roadway network to serve the project. M Parks and Oven Space Component Concurrent and in association with the development of campus and neighborhood plan components, Terra Nova will also coordinate with City Parks Department staff and will assist in the development of a Preliminary Parks and Open Space Plan. This Parks and Open Space Plan will be an integral part of the College Park Specific Plan. Parklands, recreation areas and facilities, pocket parks and community open 23 173 ' 1 Terra Nova Planning& Research,Inc. COD WVC SOQ& Services Proposal space are also expected to be components of the College Park Specific Plan. In addition to athletic facilities and open space areas associated with the COD campus, the City and COD shall also evaluate opportunities for shared uses and facilities. A variety of neighborhood entry treatments and landscape 40 enhancements will also be considered and incorporated into the Specific Plan. 0 James O. Jesse Desert Highland Unity Center The campus planning area includes the James O. Jesse Desert Highland Unity Center, which provides a OF broad range of recreational and educational facilities, services and activities to the surrounding community. Programs include a variety of structured sporting activities and instruction, youth and adult r literacy programs, and other youth and adults activities. We will coordinate on an on-going basis with Jarvis Crawford and other City staff, as well as the COD planning team, to assure that the center benefits from the proximity of the COD campus and is complemented by the College's facilities and services. Public Facilities and Services Component This Specific Plan component will describe both existing and planned public and private transportation, f sewage, water, drainage, solid waste disposal, energy, and other essential facilities services needed to support the proposed new development and to enhance the existing community. Available methods of financing necessary services and infrastructure shall also be addressed. Terra Nova has worked closely with the City Public Works Department, Desert Water Agency, County Flood Control and other agencies and service providers, and will assure that all service and infrastructure needed to support the r project are adequately addressed. f Legally Defensible Environmental Documents r As with all major projects, care must be taken to assure the Highest level of research, documentation and analysis. Also essential is a thorough, multi-disciplinary approach that keeps special studies and other analysis on point. Terra Nova's approach to legally defensible environmental analysis and documentation has served our clients well. Over more than 24-years and hundreds of environmental studies, only two Terra Nova environmental documents have ever been challenged in court -- unsuccessfully in both cases. Terra Nova staff has also provided expert witness testimony in state and federal courts on planning and environmental issues. Sustainable Development Experience Since founding Terra Nova in 1984, Terra Nova has espoused, drafted and implemented a wide range of sustainability principles in the preparation of community General Plans, project Specific Plans and Zoning Ordinances. Terra Nova has also prepared benchmark Water Supply Assessments (WSAs) for the Desert Water Agency and Coachella Valley Water District, which have become prototype "business- end" tools of water conservation for local water agencies. Firm principal, John Criste, has spoken to public interests groups throughout the region on the subject of environmental protection and sustainable development. Mr. Criste also served as a seminar speaker at the 2006 Healthy Living Conference sponsored by the Coachella Valley Association of Governments (CVAG), where he profiled and promoted sustainable land use and environmental planning practices. As a community development corporation planner, Mr. Criste helped secure funding and managed the dr installation of a 35-kwe photovoltaic system on an industrial building in San Bernardino, at the time dr (1981) the largest non-government PV installation west of the Mississippi. From 1981 through 1983, he so managed the permitting of the first commercial windfarms in the Coachella Valley and subsequently has continued to work on behalf of the wind industry. Since that time, he has been an advocate for energy and water efficient design, natural resources management, and sustainability-based economic development. 001,1 24 '7 Y �i A Terra Nova Planning&Research,Inc- COD WVC SOQ&Services Proposal D. Preliminary Project Timeline As indicated above, Terra Nova currently has the staffing, local knowledge and understanding, and R physical capabilities to meet the project's schedule needs. The preliminary project timeline is partially dependent on the timing of the campus land plan, establishment of a consensus project description and completion of the Specific Plan document. For purposes of projecting the timeline, we have made certain assumptions regarding the completion of these milestones, to develop a schedule that illustrates the necessary tasks, and potential "normal" timelines for the project. Task Time Frame Project Initiation December, 2008 Preliminary/Schematic Land Use Plan December 08 BLM Lands Biological Resources Surveys December 08 - January 09 BLM Land Conveyance NEPA EA December 08 - January 09 City/COD Disposition& Development Agreement December 08—April 09 RDisposition& Development Agreement CEQA EA December 08 - January 09 Notice of Preparation(NOP)for Specific Plan EIR December 08 - January 09 NOP Comment Period (30-days) February 09 - March 09 Preparation of Specific Plan and Campus & Park Plan December 08 - May 09 Preparation of Specific Plan Draft EIR December 08 - May 09 Specific Plan and EIR Transmittal (45-days) May 09 - June 09 Preparation of Response to Comments/FEIR July 09 Planning Commission Hearings August 09 1 City Council Bearings September 09 As requested, we have considered our capabilities and opportunities for accelerating the Specific Plan r and environmental planning and processing schedule. Based on our experience in managing projects in Palm Springs and other jurisdictions, and our knowledge of the requirements of CEQA, we feel that substantial time-savings could be achieved by running certain tasks in parallel. These include N accelerating transmittal of the Notice of Preparation, achieving a consensus with City staff on the scope of the project, and initiating public review of the EIR while final refinements are being made to the 1 Specific Plan. These and other opportunities can be explored with the project proponent and the City. 1 1 1 25 1 75 Terra Nova Planning&Research,Inc. V COD W V C SOQ&Services Proposal V E. Terra Nova Work Product/Deliverables The Terra Nova team will be responsible for providing the City with a full range of work product and deliverables, including the following: rr • NEPA and BLM-Compliant EA • Biological Resources Study • CEQA and City/COD-Compliant EA • Cultural Resources Report • Schedules, Notices and Technical Memoranda • Draft/Final Specific Plan 410 • Specific Plan.Traffic Impact Analysis • NEPA Air Quality/Conformity Analysis 1 • Specific Plan Air Quality Analysis • Specific Plan Noise Analysis 4, • Specific Plan Land Use Plans (3 + 1) • Draft/Final Specific Plan CEQA EIR 40, • Staff Reports, Resolutions, Etc. 400 26 1 1 Terra Nova Planning&Research,Inc. COD WVC SOQ& Services Proposal 1 1 1 City of Palm Springs/College of the Desert 1 West Valley Campus 1 STATEMENT OF QUALIFICATIONS AND PROPOSAL TO PROVIDE 1 PLANNING & ENVIRONMENTAL SERVICES 1 1 1 1 1 1 1 1 1 S. Understanding of Project & Scope of Services 1 A. Introduction The following discussion sets forth our understanding of the project and the specific project tasks. The 1 scope of services should be considered preliminary but is representative of the research, planning and 1 management tasks we will assume. 1 B. Understanding of the Project Our scope of work is premised upon the understanding that the City of Palm Springs, College of the Desert and the Bureau of Land Management/US Department of the Interior (ELM) have agreed in principle to cooperate and coordinate with one another in bringing the College of the Desert (COD) West Valley Campus (WVC) to Palm Springs. ' The subject property is located in the northern portion of the City, with 11St acres being vacant and owned by the ELM, which has indicated its willingness to facilitate a sale or other conveyance to the City. The City also owns 27tL acres contiguous to the ELM lands, which are comprised of the James O. Jesse Desert highland Unity Center and park and open space lands. Once in possession of the 115J ' acres of ELM land,the City would subsequently convey all or a portion of these lands to the College for h the new COD WVC. The preliminarily titled "College Park Specific Plan" will encompass and include the Campus Master Plan and preliminary City park plans, as well as the surrounding residential neighborhoods and limited 1 commercial and service industrial lands, as described above. Based upon our understanding of the project and our assessment of approach and need, we have developed three major planning'and approval stages or phases, to achieve the goals of the ELM, City and COD. There will be initial and on-going overlap between phases, and a concerted effort shall be made to expedite all aspects of the project. 27 77 lr Terra Nova Planning&Research,Inc. COD V✓VC SOQ& Services Proposal r ;r C. Preliminary Scope of Services 4 As discussed in our approach and methodology section, there will be some overlap as early phases are initiated. Each phase has specific tasks that must be accomplished; they establish the basis for Terra Nova's scope of work, which is set forth below. The following scope briefly describes on a categorical basis the services to be provided by Terra Nova and how we will facilitate meeting the projeci's goals. r The tasks have been broken down into discrete subtopics ranging from research and consultations, er through NEPA and CEQA review EAs and preparation of the Specific Plan and associated EIR. Project facilitating is integral to all these tasks. Phase 1: 13LM Land Sale/Conveyance � It is understood that the local office of the ELM will work cooperatively with the City and COD, and will help facilitate the sale or exchange of the subject lands to the City. While there may be the possibility of phased acquisition of these lands from ELM, it would appear that all the land planned for inclusion in the transaction between the City and ELM may be initiated at once. Terra Nova will provide the following services and conduct the following tasks: I.A. Consult and coordinate with City, COD and ELM staff and help to facilitate the completion of the requisite ELM Mineral Report, Land Appraisal and amendments to City application 40 materials_ I.E. Coordinate with City staff, COD project designers, and provide planning and analytical support M for the preliminary COD WVC campus and City preliminary park plan. The initial goal will be the development of a schematic master plan sufficient for approximate delineation of future College and City lands and uses. The schematic master plan will then serve as the basis for the . ELM land conveyance and development of the detailed campus plan and the College Park Specific Plan. T.C. Coordinate closely with the ELM and prepare a Draft Environmental Assessment (EA) on the proposed land use plan, sale/exchange action and alternatives. The ELM will use the EA as part . of the basis for the land transaction. The ELM EA will be prepared in accordance with the National Environmental Policy Act(NEPA) and ELM's NEPA Handbook. I.D. Contract for and manage the preparation of a property-wide cultural, historic and paleontological resources assessment for the 142-acre campus and park site. The assessment shall include a literature search, a sacred lands record search and Tribal consultations, consultations with the ELM archaeologist and securing field survey authorizations. This task shall also include historical background research using archival materials and early maps depicting the Area of Potential Effects (APE) to ascertain its history and/or use. The survey protocol and report shall conform to Section 106 of the Historic Preservation Act, including a geomorphologic literature and map search to determine the prehistoric and historic landscapes and possible human use of those landscapes. I.E. Contract for and manage the preparation of a biological resources assessment for the 142-acre campus and park site. The assessment shall include a literature search, consultations with wildlife agencies, ELM biologists and the Coachella Valley CVCC staff. No species-specific surveys are anticipated at this time. The survey protocol and report shall conform to those prevailing at the time of the surveys. 28 18 r ! ! Terra Nova Planning&Research,Inc. COD WVC SOQ& Services Proposal r r l.F. Conduct a preliminary air quality analysis, including a federally mandated Air Quality Conformity Analysis, which demonstrates that the proposed action is in conformance with 1 applicable federal standards and state implementation plans (for PMIO and ozone in the ! Coachella Valley). I.G. Coordinate with the BLM, City and COD in advertising and holding a public scoping meeting on the proposed land transaction. Public comments will be incorporated in the NEPA EA document. ! ! Phase 11: City/COD Disposition & Development Agreement (DDA) & City CEQA 1SfM ND ! Either concurrently or in sequence with land acquisition efforts, the City and COD shall jointly develop the master land use plan for the 142-acre campus and park site, and shall establish the parameters for ! conveyance of lands to COD. The parties shall also negotiate the full range of issues associated with this long-term arrangement, including provisions for shared access, in-kind contributions of infrastructure, ! roadway improvements, etc. ! The results of these plans and negotiations shall be incorporated into a Draft DDA. The Preliminary Master Plan to be prepared to facilitate the BLM land acquisition (see Phase I) may also serve the DDA ! and define the first phase of COD acquisition and development. With the agreement and Preliminary Master Plan as a project description, the City and Terra Nova can prepare a CEQA Initial 1 Study/Mitigated Negative Declaration (IS/MND) that can serve both the City and COD in approval of r the DDA and preliminary plan. Terra Nova will provide the following services and conduct the following tasks for Phase 11: II.A. Consult and coordinate with City, COD and BLM staff and help to facilitate clarification of terms, conditions and provisions for the DDA, consult and coordinate parties in the development of the preliminary campus and parks master plan, and develop a Project Description for environmental analysis; r II.B. Coordinate closely with the City and COD and prepare a CEQA.-compliant expanded Initial Study and Mitigated Negative Declaration (Expanded Environmental Assessment (EA)) on the DDA& Preliminary Master Plan; A II.C. Conduct a desktop traffic impact analysis, which quantifies future traffic volumes and establishes preliminary mitigation measures, which can be incorporated into the DDA or other City/COD M agreement. Said analysis shall be conducted in close coordination with City Public Works, and mitigation may include provisions for subsequent campus and park master plans, and the preparation of the College Park Specific Plan; H.D. Conduct a preliminary air quality analysis, which demonstrates.that the proposed action is in M conformance with applicable state and federal standards and state implementation plans (for PM10 and ozone in the Coachella Valley); r II.E. Prepare draft City and COD staff reports, as well as public notices, for the subject Phase II action, and provide administrative support to facilitate project processing, including notice and document transmittals and posting; II.F. Terra Nova staff shall attend the public meetings and hearings associated with this Phase II action, and shall be available to otherwise assist and facilitate the City's processing of this project. 29 7' e i Terra Nova Planning&Research,Inc. COD WVC SOQ& Services Proposal Phase III: City/COD WVC Specific Plan & CEQA. EIR i As a part of the overall process associated with the planning and development of the COD West Valley Campus, the City feels it essential that the extended neighborhood also be included in this planning i effort. The City has suggested the preparation of a Specific Plan, which would include the COD campus, the adjoining City parks and other city lands, and portions of the adjoining residential neighborhoods, i commercial lands along Indian Canyon Drive, and possibly service industrial lands in the vicinity of San Rafael. r i The Specific Plan would also address both near and long-term access to the campus, including the i incremental development of Sunrise Parkway, and the expansion and financing of other infrastructure to serve the area. The Specific Plan will incorporate and will be developed in coordination with the COD WVC Master Plan. The Specific Plan will set design standards and guidelines for development within the Specific Plan area. For purposes of this scope of work, it is assumed that an Environmental Impact Report (EIR) will be prepared for the Specific Plan. Terra Nova will provide the following services and 410 conduct the following tasks for Phase III: 0 IILA. Review all data and information available from COD, City and Terra Nova, conduct detailed on- r foot and windshield surveys of campus/park lands and larger planning area. Determine additional information needed to prepare baseline environmental materials. This task will be accomplished primarily by Terra Nova staff, in cooperation with our subconsultants and College and City staff. III.B. Develop a comprehensive project description, in cooperation with City staff and COD team. d Secure campus site plans and other exhibits, which illustrate the full scope of campus r development and the intensities of the uses planned for the site. These tasks will be accomplished primarily by Terra Nova staff in cooperation with the College design team. The project f description shall be vetted with the project team before being further elaborated and analyzed. III.C. Conduct a detailed assessment of the planning area and surrounding lands. Evaluate vacant and i potentially underutilized lands for inclusion in the Specific Plan boundary. Identify community 40 assets and liabilities, major entries and focal points, and natural boundaries. Evaluate prospective do planning area and coordinate with City in delineating final Specific Plan project boundaries. III.D. Prepare appropriate base maps to establish a common mapping reference for all environmental analysis. The source of mapping will include the City General Plan and USES quad map; BLM . mapping, and flood control and other maps will also be evaluated for this use. Aerial photos will also be secured for use by consultants and inclusion in the various planning documents and the r Specific Plan and EIR. do III.E. Coordinate with City, COD and project designers in preparation of boundary maps and legal dr descriptions, preliminary campus and park plans, existing and proposed public rights-of-way, and other exhibits, which illustrate the scope of site development. Prepare CEQA Initial Study and Addendum, and Notice of Preparation (NOP), review same with City Planning staff, and . facilitate transmittal to public agencies, with City lead agency concurrence and assistance. I III-F. Manage subconsultant tasks, including traffic impact analysis, noise impact analysis, biological . and cultural resource assessments (see Phase I), and Phase I environmental site assessment, as listed in the scope of work and budget. Previously prepared studies and analyses shall be used to dF the greatest extent practicable. ,/i W r 30 dr A# ■ Terra Nova Planning&Research,Inc. COD WVC SOQ&Services Proposal Terra Nova shall coordinate and cooperate with but will have no contractual responsibility for project engineering (civil, geotecluucal, hydrological) services, which the City of COD may require_ The COD Master Plan and the Specific Plan projects will be adequately described and development impacts will be assessed to a level that demonstrates the viability of mitigation * measures. 11L0. Coordinate with consulting engineers and designers, and facilitate completion of campus and other master plan materials, and coordinating with City and COD engineers and/or title company to secure surrounding property owners notification package, complete environmental assessment forms, and initiate processing. III.H. Coordinate and cooperate with City and project engineers in their preparation of a preliminary hydrology analysis, which shall include an evaluation of existing runoff volumes and additional runoff that may result from the implementation of the Specific flan project. This analysis shall address City concerns, anticipated water quality issues and the requirements of the California Regional Water Quality Control Board (CRWQCB) and RivCo Flood Control. The requirements M of the National Pollution Discharge Elimination System (NPDES) shall also be addressed in the Specific Plan and EIR 11I.1. Work closely and pro-actively with City staff in the preparation of conceptual off-campus land r use plans, landscape plans and palettes, preliminary architecture and guidelines, and other design components of the Specific Plan. Development character set forth in the Specific Plan will strive to complement campus design standards and guidelines. * III.J. Utilize in-house materials, development product materials from City and COD, and other landscape and architectural resources to prepare graphic plans, maps, vignettes of conceptual r architectural vernacular and guidelines, roadway plans, landscape plans, aerial photos and photographic surveys, signage, environmental plans and exhibits and other exhibits, as required. N III.K. Consult and coordinate with the City Engineer and contract for and manage a traffic impact analysis for the proposed Specific Plan project. Conduct traffic impact analysis on potentially affected roadway segments and intersections. The precise parameters for this study have not been discussed with City staff but are reasonably well understood based upon recent traffic studies we have prepared for the City. Specifics of the traffic analysis include the following tasks: Coordinate with the City of Palm Springs Traffic Engineer to discuss and finalize the key r traffic study parameters and assumptions (study area boundaries, key intersections, peak hours, trip generation, modal split, average vehicle occupancy, project trip distribution, M cumulative developments, pass-by trip assumptions, and assumed future circulation A network). Prepare and submit a letter formally documenting the scope of the analysis to be prepared and the agreements reached regarding various required assumptions. M Arrange for Counts Unlimited, Inc. to make 24-hour machine traffic counts at up to five r (5) locations to document the daily traffic volumes and the existing peak hours, and to permit seasonal correction factors to be identified. Based upon the 24-hour count data, M arrange for manual turning movement traffic counts to be made at the key intersections during the morning and evening peak hours. M 31 1 r r Terra Nova Planning&Research,Inc, r COD WVC SOQ&Services Proposal r The City Engineer may require midday traffic counts for several reasons_ Many roadways in Palm Springs experience midday peak travel demands, which exceed the commuter demand during the morning peak hour_ In addition, the future commercial land uses along Indian Canyon Drive may generate more traffic in the midday than the morning peak r hour. The entering/exiting directional split of the college traffic would be different in the 40 midday peak than the morning peak hour. • Document the surrounding circulation system and traffic controls, including traffic signal timing and any plans to synchronize the signals on Indian Canyon Drive. Identify nearby transit routes, schedules, and stop locations, as well as existing and planned bicycle and pedestrian facilities. r • Discuss any temporary anomalies in the current circulation system that could influence the traffic count data (i.e. congestion associated with the I-10 interchange at Indian Canyon Drive). 00 • Analyze existing peak season traffic conditions in the project vicinity (including morning 40 and evening peak hour traffic counts, delay, and level of service evaluations at up to r twenty (20) key intersections). Although background traffic volumes peak in the midday at many locations in Palm Springs, the project-related traffic is expected to peak in the morning (7:00 am. to 9:00 a.m.) and evening peak commute hours (4:00 p.m. to 6:00 4W p.m.) on Tuesdays and Thursdays. Coincidence of project peak traffic with the peaks in area residential traffic associated will also be evaluated. • Discuss committed and planned roadway and other transportation improvements in the so project vicinity and their timing (e.g_, the Indian Canyon Drive I-10 interchange do improvements, the construction of Sunrise Parkway and future signalization at the intersection of Indian Canyon Drive). 40 ar • Characterize the existing transportation conditions in and around the project site. Summarize the circulation and access opportunities and constraints in the project vicinity associated with all transportation modes (passenger vehicles, service and delivery vehicles, pedestrians, bicyclists, and transit). • Identify the future traffic volumes at the key intersections associated with the approved cumulative developments in the project vicinity (e.g., Palm Springs Village P.D.D., Palermo P.D.D. and TT 33561, Las Vegas Residential (40 SFD), 160 @Tram Way, Desert Palisades Specific Plan (110 SFD), Shadowrock, Boulders, Crescendo, the Palm rj Springs Art Colony, the Palm Springs Country Club, Murano, Burnett TTM, the Four Seasons, Mountain Gate II, Tramway Residential, Marketplace II). ap Quantify the project-related weekday peak hour and daily trip generation characteristics 00 upon project opening and upon General Plan buildout (including the future faculty and 40, administrative staff as well as the future student population) for use in assessing the 40 impact of site traffic and identifying the future roadway configuration and traffic control 40 needed. 40 • Assess the adequacy of the proposed entry and egress capacity and identify the future 00 peak season 95th-percentile peak hour turn lane storage needs. 04 32 . AO Terra Nova Planning&Research,Inc. COD WVC SOQ&Services Proposal Since the proposed project was included in the 2007 Palm Springs General flan update traffic model, the Genes]Plan buildout traffic projections will be assumed to reflect year 2030+project daily traffic volumes and used to identify the year 2030+project peak hour volumes at the key intersections. » Analyze future opening year and General Plan build-out year traffic conditions with and without the proposed development to determine whether the key intersections will provide acceptable levels of service and control delay. Identify and document the improvements needed to accommodate non-site traffic in the future and reference those improvements that would be associated with other development proposals. (, Determine the project-related contribution to the future traffic volumes and the M improvements that would be needed to provide acceptable site access and capacity within M the study area. 1 Conduct an assessment of the need for traffic signals and auxiliary turn lanes in the 1 opening year and General Plan buildout year (including the identification of queue storage requirements associated with turn lanes at the key intersections and site access 1 intersections). A list of traffic mitigation measures designed to reduce any significant impacts identified 1 to acceptable levels. M Model existing motor vehicle noise levels adjacent to nearby roadways and future noise levels for each phase of the project based upon traffic volumes identified in the traffic r analysis (using RD-77-108). Prepare draft traffic impact study detailing the study methodology, assumptions and findings. Submit one bound copy to the traffic study for in-house review and subsequent ' submittal to and review by City staff. Review the comments made by the staff on the draft traffic impact study and make any necessary revisions then submit two bound revised copies with the draft report; • Following notification by the City Engineer, submit two bound copies of the approved traffic impact study and an unbound "photo ready" copy. Coordinate with team regarding written comments received from governmental reviewing agencies. Respond in a timely and efficient manner to all written comments from responsible governmental agencies; III.L. Contract for and manage an independent analysis and preparation of noise impact analyses for proposed and alternative projects, including analysis of noise associated with project and arterial roadway traffic, as well as stationary sources such as HVAC and other mechanical equipment, in accordance with City noise standards. Appropriate mitigation measures shall also be provided. 111.M. 'Terra Nova shall prepare a comprehensive air quality analysis for moving and stationary emissions, as well as fugitive dust (PM10) emissions associated with site grading, truck and other vehicle trips and operations, and long-term energy consumption in conformance with the SCAQMD Environmental Handbook and City Air Quality Guidelines. Project potential for 1 greenhouse Gas (GHG) emissions shall also be analysed and mitigation measures developed. The analysis shall be conducted for each of the three (3) project development alternatives. 1 1 33 1 • Terra Nova Plann ina&Research,Inc. COD WVC SOQ&Services Proposal • • III.N. Confer with the Desert Water Agency (DWA) and prepare a Draft Water Supply Assessment (WSA) for review and approval by the Agency. A copy of the final WSA shall be included in the Draft EIR technical appendices. The WSA shall be prepared in accordance with DWA requirements and will satisfy applicable state law regarding demonstration of long-term water supply availability for this project. d 111.0 Establish project work and meeting schedules with City, project designers, engineers and other a members of the City/COD team to assure a logical and orderly drafting and review of the project description, project alternatives, environmental analysis and supporting information. r III.P. Provision has been made in Phase I to contract for and manage the preparation of a cultural and historic properties survey and report. It is assumed that the City will initiate the SB 18 notification to the Native American Heritage Commission in advance of the transmittal of the project Notice of Preparation. r III.Q. Conduct a comprehensive Phase I environmental site assessment for the occurrence of hazardous and toxic materials at or near the subject property. Associated tasks shall include site surveys, database research, consultation with public agencies, review of historic aerial photos and other r mapping data, site photo survey and complete documentation and report preparation. The resulting technical report shall be included in the Draft EIR technical appendices. III.R. Research, document and map environmental resources and hazards for integration into the EIR. Each analysis category shall be briefly addressed in the Environmental Setting discussion, and 0 issues requiring further analysis shall be fully analysed in the impacts and mitigation section of the EIR. The goal is to provide comprehensive analysis and mitigation, which utilizes the most up-to-date data and information available in a manner compliant with CEQA. III.& In addition to the "Preferred Alternative" project, Terra Nova shall also develop and analyse three (3) additional alternative projects, including a "No Project" alternative. One of the e alternatives will be an alternative site discussion for the WVC campus. Alternative projects shall be reviewed with the City and campus designers, and impacts associated with each shall be r analysed on a categorical basis. III.T City lead agency and COD (responsible agency) staff and consultants shall review the e screencheck copy of Draft EIR prior to transmittal and Terra Nova and its consultants shall 41 confer with City and COD staff regarding comments, and shall amend the screencheck draft 40 accordingly_ O 111.U. In order to expedite EIR processing and assuming concurrence by the City, Terra Nova shall 4F prepare a draft Notice of Completion (NOC) and shall transmit the Draft EIR for public a comment utilizing a City-approved transmittal list, which also serves COD and the analysis of O the Campus Master Plan and City park plan. Fifteen (15) copies shall also be transmitted to the State Clearinghouse thereby starting the 45-day public comment period. O a III.V. Terra Nova shall prepare and facilitate City publication of Notice of Availability of the Specific e Plan EIR in conformance with California Government Code, and applicable City requirements. Ar d 34 G� r r Terra Nova Planning&Research,Inc. COD WVC SOQ& Services Proposal r III.W. The City shall provide Terra Nova with copies of comment letters received on the Draft EIR. r Terra Nova will restate comments on the draft EIR and prepare responses to comments, conferring with City and COD staff before finalizing responses. Terra Nova and City staff shall r work cooperatively in the completion of Final EIR documentation. Any necessary findings of overriding consideration will be developed jointly between City and Terra Nova staff. r Preparation of Findings and a Statement of Overriding Consideration is included and provided for in this scope of work or budget r HIA. Upon completion of the Final EIR, Terra Nova shall transmit of this document to all commenting r agencies/parties, as well as to those who have requested a copy from the City. Said transmittal r must be accomplished at least 10 days prior to City EIR certification. r IIII.Y. Confer with the City and will assist staff in the preparation of staff reports and other materials to r accompany documents to be provided to the Planning Commission and City Council, as well as r COD Board members prior to consideration of the project at public hearings. lb III.Z. Terra Nova, City and COD staff shall work cooperatively in the public presentation of the Draft r and Final EIR, and make recommendations at one public hearing before Planning Commission r and City Council. r I11.AA.On-going availability of Terra Nova staff and its consultants to respond to any questions or other r calls for assistance in implementing the Specific Plan and/or EIR mitigation measures and/or r monitoring and reporting program. These on-going services are not provided for in the project budget and shall be billed on a time and material basis. r r r r r r r r i r r r r r r r � 35 r - u� ATTACHMENT "A" RFP'06-09 FOR C.O.D. PLANNING AND ENVIRONMENTAL REVIEW SERVICES SIGNATURE AUTHORIZATION PROPOSER: Terra Nava Planning & Research, Inc. A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs for the above listed individual or company. I certify that 1 have the authority to bind myself/this company in a contract should I be successful in my proposal. ATURE B. The following /rmation relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: t. if successful, the contract language should refer to me/my company as: _An individual; _A partnership, Partners' names: _A company; _ Y A corporation 2. My tax identification number is: 33-07 i 9954 ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s)# Z thru 4 is/are hereby acknowledged. 924762.1 _ �ZJ EXHIBIT "D" SCHEDULE OF COMPENSATION COST PROPOSAL/PRELIMINARY BUDGET A. Introduction The following preliminary budget has been developed concurrent with the preparation of the project scope of work. It is designed to provide for the active coordination of project tasks, technical studies, land use and other plans and activities in the most efficient and cost-effective manner possible. It is also based upon discussion with staff and the facilitating of contract survey services. While multiple environmental documents will be prepared, the research, documentation and analysis will be conducted in an incremental manner that optimizes the value of each step in the project. It is understood that contract management shall be in accordance with Section 2 of the City standard Professional Services Agreement, which was included with the project RFP. B. Cost Proposal The project cost proposal has been coordinated with the tasks set forth in the Scope of Work. It is also based upon our experience with securing approvals from other agencies, including the Bureau of Land Management, and the need for on-going engagement. While the scope of work has set forth the planning effort in phases, there will be substantial overlap. By our structures approach, efficiencies will be gained in completing initial land acquisition and disposition tasks, and the incremental development of the project and its analysis will limit wasted effort. The cost proposal is a generally agreed "Not to Exceed" budget, which has been carefully crafted to provide the necessary level of time and expertise to the various issues associated with the campus and park plans, and the area-wide Specific Plan. The detail of the project scope is reflected in the cost proposal. 524762I 87 PROJECT BUDGET COLLEGE OF THE DESERT WEST VALLEY CAMPUS LAND ACQUISITION/LAND USE PLANNING AND ENVIRONMENTAL PLANNING SERVICES Budget Item Amount Consultation: Client/COD &Other Consultation Meetings $ 19,000.00 Public Participation Workshops, Preparation and Attendance (6 workshops) $ 15,500.00 Field Surveys, Data Collection &Analysis $ 8,200.00 NEPA EA (Phase I Land Acquisition) $ 17,000.00 CEQA IS/MND for Phase II of Project (DDA&WVC Phase I Plan) $ 7,800.00 Draft Specific Plan of Land Use $ 40,750.00 SP CEQA Initial Study, Addendum and NOP Preparation $ 4,750.00 Study Session Preparation &Attendance (2 Study Sessions) $ 3,300.00 Hearings Preparation &Attendance (2 Hearings) $ 3,300.00 Draft EIR Documentation & Drafting $ 42,500.00 Draft Response to Comments and Prepare Final EIR $ 8,600.00 Findings and Statement of Overriding Considerations $ 6,750.00 Draft City Notices &Staff Reports $ 3,400.00 Project Management& Coordination Services $ 12,400.00 Admin. Support Services (Doc. Mastering, Transmittals, Etc.) S 6,300.00 Subtotal $ 199,550.00 Special Tasks 'Includes Terra Nova staff hours and subcontract management. Four Land Use Alternatives/Analysis $ 10,800.00 Landscaping &Architectural Design Services $46,600.00 Air Quality and GHG Analyses S 19,800.00 Traffic/Circulation Impact Analysis $ 62,500.00 Noise Impact Analysis $ 7,500.00 Biological Resource Assessment $ 0,800.00 Cultural Resources Survey& Report(Sec 106-Compliant) $ 10,500.00 Water Supply Assessment $ 15,000,00 Phase I Environmental Site Assessment $ 2,800.00 Engineering and Survey Services $ 20,400.00 Subtotal $ 205,700.00 Reirnbursables:' CAD Drafting, Mapping and Misc. Exhibit Preparation $ 9,750.00 Miscellaneous Printing S 2,850.00 Draft EAs, Draft Specific Plan and DEIR/FEIR Document Printing 3: S 15,000.00 Misc. Office: Postage, telephone, FAX, photocopies, etc. $4,000.00 Subtotal $ 31,600.00 Total $436,850.00 1. Reimbursables are estimates and will be billed on a cost basis. 2. Includes printing of Notices of Preparation/Notice of Intent, Initial Study, Notices of Completion, etc. 3 Assumes ten (10) copies of an administrative (screencheck) draft of EIR and Specific Plan, and fifty (50) transmittal copies of the DEIR and Specific Plan. It also assumes thirty-five (35) copies of the Final EIR and Specific Plan. 524762 1 IF, -1 L J TERRA NOVA PLANNING & RESEARCH, INC.° 400 S. FARRELL DR., SUITE B-205 PALM SPRINGS, CA 92262 STANDARD FEE SCHEDULE 2009 Terra Nova invoices its clients on a cost-basis using an hourly billing system. The scope of each planning effort is typically broken down by task and assigned estimated necessary staff time and the applicable hourly rate. All payments for services rendered are to be made payable to Terra Nova Planning & Research, Inc. unless otherwise indicated. Clients are invoiced on a monthly basis, and invoices are due and payable upon receipt. A charge of 1.5% per month is added to all invoices over 30 days past due. The current fee schedule is provided below: Terra Nova Staff Hourly Rate Principal Planner $ 155.00 Senior Planner $ 130.00 Associate Planner $ 115.00 Assistant Planner $ 95.00 Senior Business Consultant $ 200.00 Senior Engineer $ 155,00 Associate Engineer $ 125.00 Senior Architect/Landscape Architect $ 155,00 Associate Architect/Landscape Architect $ 115.00 Senior Biologist $ 135.00 Design Principal $ 135.00 Media Specialist $ 85.00 Computer Aided Drafting $ 55.00 Draftsman $40.00 Administrative Assistant $40.00 Secretarial Services `6 25.00 REIMBURSABLES Photo Copies $ 0.15 ea- Blueprints/Xerox $ 0.30/sq.ft. Computer Plotter $15.00/Hr. Telephone Toll Charges Cost FAX Transmittals Cost Reproduction, Special photographic services,document printing, aerial photogrammetry, postage, etc. Cost+15%. r � 5247e2 i U , EXHIBIT "E" SCHEDULE OF PERFORMANCE SEE NEXT PAGE S2d762.1 9 r, EXHIBIT IIE I SCHEDULE OF PERFORMANCE •� TERRA NOVA PLANNING&RESEARCH INC P,gu PS WVC Park SP& EIR Schedule R.', .1 fi 119 Fp4, l'ASE Star Iml DnYJtlnu •no N1ar .A rr hl:n J tin e Juh A u a Set Oct No, Doc J.m'10 PHASE 1:RLM LAND SALLICO W E)ANCE _ • I'LM Lund A 1 lull • RLM Mrnaral Rc on • ItuNeed HLM Aptillenis,, --- - - -- — • Draft('nlnmx/PnrLSeLentnt¢Plan ' • PruPPrc RLM NEPn En •, • Cultur.11 Resuur m5ur,e /Rc Or1 • Inn$Ile SL'I Ii COlbpbalbn Sec 106 Conmltetlon • AO&C'unlbrintty An dvnls • amin nenl RCAm1rcn$nave 'Ru nn • SLIM Notmc&ROD PHASE 11,CITY/COD DDA&CIT\ CD AISIMN❑ • I'rclnn wvC M dra P1,11 • Draft DI po Ilion&Development Ayrecmenl • DDA Pfo cot Dubon Jon • CE IA In1h.11 Stud /MN11 — • Praliminar,Trafre Anal .1 • rrehminary Air ua11I Anal,.,, • CE A 30-D.1 Cu1111nant P.rlua _ • Cily Couucll&COD Board Ho,rin s PI IASL I I F SP&El PRE PARAT10NIPROC E551NC ,P ENVIRONMENT AL KILVIH•W PRVCi4b - CI- Alnitlnl SuW /Add[w11mVN()P • PralinlLinary NOP Mailing L1 I NOP Tnn:mlttal Period _ • Tndhe/Cueul.nrun An.d s1 On- mne Pln ITratTc Teont Can.uh • Tnff Sco m•MI IV/Ot ___ • la late Counts&Othcr D rta Collection •Tn111 is Analysis Prcrd&Allan Pru s Ranla a.l Re:nurcex$urvc 'Rc nrt• (ulnunl lteFOureev Sul v[/Rc ntl • Nolsc lie act Awl .r • A11 O.,,I,lv&GHG Allnlvflf • wa61 WSA/DWAA Ina/11n.11LV —" — • penmchnlcal$urvuydAnnly:lx •Pha•c 1 Environmental Site Aa:cament • 11 drolo y(Reg&SiLal Anal/Report • Piol t Almaml hest Ana lvsls • 131n111,IK I'rclarauon City EIR Screenchedr Review • D.lL EIR Revisions NOr ICCOI(Onl leinn PI'C Afnrian • Draft RIR(&SP)Puhhe Review Rc. n w mTC_mm ¢nen an DEIR • C1Iv Rav ci wRcb mac to Co Plnnliva lees onse In(7olnnlenll - - — • Tran lilt Final EIR to Commemor SPEC1ric PLAN DEVELOPMENT . Anunulan SP T 1111.n1'Cnallall — • SP&SP Subarea Delineation • PrcLmmery SP E.hrba Let • PreLnunnry Lnn<I Ilxc Plan& Al,(a) • final Land Use Plan&Table • CaOmo Pling by Ph ilia,SubArta _ • Ma.ter Clrculaunn Plan • I ILcrerehaal Maxtor P1.1n or Road. - Rnndwnv 01.1e-b[edln3 Tr tls,nd 1•nth:Miler Plan • M.ratcr Drema•c Plan Yam• Maeter Water and$ewer Finn • Master Public Cactlmex Plan Mablis LIndgclooa phin - LnnAscn r•Cmlc+: tb m1A Ihcnlre • Walk and Pence Dean Core t • Land One&.Dcvcla monl Standards _ - SP Zon1n!Ordmnucc Drnfbn) '' V i r � L -A TrRRA NOVA PI ANNING.@ RrsrARCH,INC. PiHc: • SY Uvsl to$mnAni As R 6u¢Ichnes • Sllc Plnnvn S Ocxi n Ouidclinex _• Archrtecwral Ocsicn Guidelines • Lin6ul cArcb Dmi.ri Guidelines V Cay Screenchcck Review • CIty PC ST.+I' Re on kl • City Planning Cnmmiwmn l lenrmg'I 1 • City PC SUIT Report r;2 GI PPinnin Cmnnnsmoll Noun 9z — • CILY Council l learing 111 • Cit Counnl l lcnnn•U2 • Nome al l=Iollnation Fdin. • NOD Stnlutn Appeal Period COO rd Action FEIRS WVC Mesmr Plan 'TASK su�l Intl lnor+r6iq Fib UU rvLir Ai~ ALa I ne Jul, An•• ISe rt Oct Nos Du .tan to Now ,clil.%VVl hntln s PllnvneimmN:nmlY it rpLunlrmJ¢ (rynnd rem Nova utl n,w and sOiMulml,of l'('ind Clry T0D To lio Dec ...J Y.r